ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 20, 2017 No. 1285

About approval of Rules of non-discriminatory access to services of subjects of natural monopolies in ports

According to article 10 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

Approve the enclosed Rules of non-discriminatory access to services of subjects of natural monopolies in ports.

Approved by the Order of the Government of the Russian Federation of October 20, 2017 No. 1285

Rules of non-discriminatory access to services of subjects of natural monopolies in ports

I. General provisions

1. These rules determine the general principles and procedure for ensuring non-discriminatory access for consumers to services in loading, unloading, storage and transfer of loads, and also to the services of tows rendered by subjects of natural monopolies in ports (further - services of subjects of natural monopolies in ports).

2. The purpose of these rules is the prevention of creation of conditions which put one consumers of services of subjects of natural monopolies in ports (further - consumers) in unequal position in comparison with other consumers.

3. For the purpose of ensuring balance of consumer interests and subjects of natural monopolies access to services of subjects of natural monopolies in ports is provided on non-discriminatory basis.

Non-discriminatory access to services of subjects of natural monopolies in ports provides application by subjects of natural monopolies of equal conditions of provision of services of subjects of natural monopolies in the ports having comparable technical, technical and quality characteristics if other is not established by the legislation of the Russian Federation.

II. Providing conditions of non-discriminatory access for consumers to services of subjects of natural monopolies in ports

4. Subjects of natural monopolies for the purpose of ensuring non-discriminatory access for consumers to services of subjects of natural monopolies in ports shall:

a) not allow refusals in the conclusion of service provision agreements of subjects of natural monopolies in ports (further - agreements) to the certain consumers who submitted the requests which are drawn up according to these rules on an equal basis with other consumers (further - the request for the conclusion of the agreement), within the available capacity determined according to these rules if such refusals are directly not provided by the Federal Laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of authorized federal executive bodies or court resolutions. The burden of proof of lack of available capacity lies on subjects of natural monopolies;

b) not allow creation of conditions which put in unequal position of one consumer (several consumers) in comparison with other consumers when rendering services of subjects of natural monopolies in ports;

c) not allow economically and (or) technology unreasonable price differentiation (rates) for the services of subjects of natural monopolies in ports having the technical, technical and quality characteristics comparable on supply rate homogeneous according to the nomenclature and type of packaging of loads and their frequency;

d) sign the agreements which are not allowing creation of the conditions putting one consumers in unequal position in comparison with other consumers in comparable conditions;

e) provide to consumers availability of information according to Item 19 of these rules.

III. Procedure for access for consumers to services of subjects of natural monopolies in ports

5. Services of subjects of natural monopolies in ports are provided to consumers based on agreements.

Agreements can be signed as on one-time provision of service of subjects of natural monopolies in ports, and for the established period.

6. Access for the consumer to the services in loading, unloading, storage and transfer of loads rendered by subjects of natural monopolies in ports is provided within available capacity which is calculated the subject of natural monopoly monthly and is published in open access on its official site on the Internet (further - the official site).

Available capacity when rendering services in loading, unloading, storage and transfer of the loads rendered by subjects of natural monopolies in ports is determined in tons for unit of time, the number of transactions in unit of time or in other sizes proceeding from type of the rendered service.

7. Calculation of available capacity is made by the subject of natural monopoly according to each nomenclature of loads and (or) technology transaction, set of the infrastructure facilities of port necessary for rendering services of subjects of natural monopolies in ports, for the specific (planned) period as follows:

a) at the first stage of calculation based on the project documentation normative (project) handling capacity (capacity) of set of the infrastructure facilities of port occupied in engineering procedure of transfer of loads in port, the providing possibility of processing of certain amount of loads (taking into account the established technology and the nomenclature of loads) or implementation of technology transactions for certain period is determined;

b) at the second stage of calculation the actual handling capacity (capacity) of set of the infrastructure facilities of port occupied in engineering procedure of transfer of loads in port, the providing possibility of processing of certain amount of loads (taking into account the established technology and the nomenclature of loads) or implementation of technology transactions for certain period is determined. At the same time for calculation of the actual handling capacity the normative (project) handling capacity specified in the subitem "an" of this Item is adjusted (decreases or increases) taking into account technical and technology restrictions both separate infrastructure facility of port, and set of infrastructure facilities of port taking into account influence of external factors, including possibility of cargo delivery to the port different types of transport, weather conditions and other factors;

c) at the third stage of calculation the actual handling capacity (capacity) calculated according to the subitem "b" of this Item is subject to consecutive reduction on:

the size equal to amount of the obligations which arose at the subject of natural monopoly before the investors who took part fully or partially at the expense of own or raised funds in acquisition and (or) development of infrastructure facilities of port including designing, construction and (or) reconstruction of infrastructure facilities of port;

the size equal to amount of obligations according to the intergovernmental agreement signed with state member of the Eurasian Economic Union and determining amounts of transportation of goods in the direction of port and transfer of loads in port;

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