ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 22, 2018 No. 1640

About approval of Rules of non-discriminatory access to the goods market of services of public mail service

According to part 3 of article 10 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

1. Approve the enclosed Rules of non-discriminatory access to the goods market of services of public mail service.

2. Determine Federal Antimonopoly Service authorized federal executive body by ensuring the state control of observance of the Rules approved by this resolution.

Approved by the Order of the Government of the Russian Federation of December 22, 2018 No. 1640

Rules of non-discriminatory access to the goods market of services of public mail service

I. General provisions

1. These rules determine conditions and procedure for ensuring non-discriminatory access to the services rendered with use of network of public mail service realized by subjects of natural monopolies to which regulation according to the Federal Law "About Natural Monopolies" is applied.

2. The concepts used in these rules mean the following:

"network of public mail service" - the single production and technology complex including the objects of mail service and mail routes used by the operator of mail service for rendering services of public mail service;

"the owner of network of public mail service" - subject of natural monopoly which regulation of activities is performed according to the Federal Law "About Natural Monopolies", being the owner and (or) disposing of network of public mail service on other legal cause and included in the register of subjects of natural monopolies;

"service of interoperator exchange" - the complex of the production and technology transactions performed with use of production capacities of network of public mail service, including including transactions on processing, transportation, delivery (delivery) of written correspondence;

"users services of interoperator exchange" - the operators of mail service who signed the service provision agreement of interoperator exchange;

"technological capability of access to services of interoperator exchange" - compliance of handling capacity of network of public mail service to the amount of rendering public services of mail service planned by the owner of network of public mail service and availability of reserve of handling capacity for provision of access to services of interoperator exchange taking into account the parameters of quality of public services of mail service set by the legislation of the Russian Federation;

"economic possibility of access to services of interoperator exchange" - ensuring compensation of economically reasonable costs and receipt of necessary profit by the owner of network of public mail service connected with provision of access to services of interoperator exchange at the expense of the user services of interoperator exchange.

Other concepts used in these rules correspond to the concepts accepted in the legislation of the Russian Federation in the field of mail service.

3. Non-discriminatory access to services of interoperator exchange provides equal sales terms of the rights of users with services of interoperator exchange irrespective of their form of business, the legal and property relations with the owner of public mail service taking into account technological and economic capability.

4. The state control of observance of the requirements determined by these rules is performed by Federal Antimonopoly Service and its territorial authorities within the established powers concerning observance of the antitrust law of the Russian Federation and the legislation of the Russian Federation on natural monopolies.

II. General terms of non-discriminatory access to services of interoperator exchange

5. Application of these rules is performed proceeding from the following principles:

a) providing to users of services of interoperator exchange of possibility of rendering these services;

b) ensuring non-discriminatory access to services of interoperator exchange for the users with services of interoperator exchange getting access in comparable conditions;

c) protection and development of the competition in the field of services of public mail service.

6. Access to services of interoperator exchange shall be provided at least in one object of network of public mail service in each subject of the Russian Federation.

Under the organization of access to services of interoperator exchange the owner of network of public mail service shall provide the following services in each such object of network of public mail service:

interoperator exchange with processing, transportation and delivery (delivery) of written correspondence to the addressee;

interoperator exchange with processing and transportation of written correspondence between the objects of mail service determined for rendering services of interoperator exchange;

interoperator exchange with transportation of written correspondence on certain route.

Objects of mail service and mail routes are determined by the agreement on provision of access to services of interoperator exchange.

7. The owner of network of public mail service has no right to cause receipt of access to services of interoperator exchange of receipt of other paid services.

8. Provision of access to services of interoperator exchange is performed on the basis of the agreement on provision of access to services of interoperator exchange (further - the agreement).

The unreasonable refusal or evasion of the conclusion of the agreement with certain users services of interoperator exchange in case of availability of technological and economic capability of rendering services of interoperator exchange and also if such refusal or such evasion 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, is not allowed.

9. The agreement is signed in writing and shall contain the following essential conditions:

a) the list of objects of network of mail service in which access to services of interoperator exchange is provided (the name, the location);

b) list of services of interoperator exchange;

c) amount, structure, terms, conditions and procedure for rendering services of interoperator exchange;

d) requirements to the written correspondence sent within services of interoperator exchange (including requirements to quantity, weight, the size, packaging and execution of written correspondence);

e) the owner's liability of network of public mail service for violation of amount and structure of services of interoperator exchange;

e) responsibility of the user services of interoperator exchange for violation of requirements to written correspondence and conditions of provision of services of interoperator exchange;

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