ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 18, 2019 No. 616

About determination of the size of the investment harbor fee, about its collection and application

The government of the Russian Federation decides:

1. According to part 2 of article 19 of the Federal law "About Seaports in the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation" to approve the enclosed Rules of determination of the size of the investment harbor fee, its collection and application.

2. Determine that in case of determination of the part of profit of the federal state unitary enterprise which is subject to transfer in the federal budget, according to Item 6 of Rules of development and approval of programs of activities and determination subject to transfer in the federal budget of part of profit of the federal state unitary enterprises approved by the order of the Government of the Russian Federation of April 10, 2002 No. 228 "About measures for increase in efficiency of use of the federal property fixed in economic maintaining the federal state unitary enterprises" the means received from collection of the investment harbor fee are not considered (collection on construction and reconstruction of the infrastructure facilities of seaport relating to objects of federal property).

Approved by the Order of the Government of the Russian Federation of May 18, 2019 No. 616

Rules of determination of the size of the investment harbor fee, its collection and application

1. These rules establish procedure for determination of the size of the investment harbor fee, procedure for its collection and application.

In these rules the investment harbor fee is understood as collection on construction and reconstruction of the infrastructure facilities of seaport relating to objects of federal property (further - collection).

2. The amount of collection, procedure for its collection and application are determined proceeding from the following principles:

a) ensuring construction and reconstruction of infrastructure facilities of the seaports relating to objects of federal property taking into account respect for balance of interests of the business entities rendering services in seaports and consumers of their services;

b) ensuring implementation of documents of strategic planning of the Russian Federation in the field of transport;

c) improvement of quality and increase in amount of the services rendered in seaports.

3. The amount of collection is determined in Russian rubles in the form of the fixed price values, indexes to the operating amount of collection and (or) the fixed extreme maximum amount of collection for every year of the long-term period of the regulation constituting 3 years (further - the long-term period of regulation).

4. The amount of collection is determined for unit of the gross tonnage of the vessel specified in the certificate of measurement of the vessel (for tankers with the isolated ballast tanks it is determined without the gross tonnage of the isolated ballast tanks specified in the certificate of measurement).

5. The amount of collection is determined by regulatory legal act of Federal Antimonopoly Service (except for case, stipulated in Item 6 these rules) in relation to the specific business entity performing capital investments in construction and reconstruction of the infrastructure facilities of seaport relating to objects of federal property and belonging (which are subject to transfer) to this subject on the right of economic maintaining (further respectively - the subject, objects of federal property).

5(1). In these rules capital investments in construction and reconstruction of objects of federal property are understood as the following costs of the subject for acquisition, creation, improvement and (or) recovery of objects of federal property:

purchase costs of objects of federal property under the agreement;

costs for performance of works on construction of facilities of federal property;

the costs for performance of works on recovery of the main operational characteristics of the underwater hydraulic engineering constructions performed with frequency more than 12 months which are subject to recognition as a part of capital investments according to federal accounting standards;

costs for performance of works on reconstruction (upgrade) of object of federal property directed to change of parameters of object of federal property, its parts and (or) improvement of its technical and economic and (or) operational characteristics, and also to replacement and (or) recovery of the bearing building constructions of capital construction project, except for replacements of separate elements of such designs on similar or to other elements and (or) recoveries of the specified elements improving indicators of such designs;

development costs of project and working documentation, on carrying out the engineering researches, designer's service and construction supervision for the purpose of performance of works provided by paragraphs third - the fifth this Item.

Costs for performance of works on recovery of the main operational characteristics of the underwater hydraulic engineering constructions performed with frequency more than 12 months can be included in calculation of the amount of collection provided that they were not considered in case of establishment of other regulated rates (charges) for the services rendered by the subject in seaports that is confirmed by the data of separate accounting of the income and expenses on the types of activity connected with rendering such services, created according to the procedure approved by the Ministry of Transport of the Russian Federation based on the subitem "an" of Item 2 of the order of the Government of the Russian Federation of April 23, 2008 No. 293 "About state regulation of the prices (rates, charges) on services of subjects of natural monopolies in transport terminals, ports, the airports and services in use of infrastructure of inland waterways".

6. If the construction and reconstruction of the infrastructure facilities of seaport relating to objects of federal property are performed by the subject based on the concessionary agreement, the amount of collection is determined by this concessionary agreement in coordination with Federal Antimonopoly Service.

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