ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 30, 2025 No. 796

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

The government of the Russian Federation decides:

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

2. Recognize invalid:

the 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" (The Russian Federation Code, 2017, No. 44, the Art. 6516);

the order of the Government of the Russian Federation of March 6, 2022 No. 300 "About suspension of action of the order of the Government of the Russian Federation of October 20, 2017 No. 1285" (The Russian Federation Code, 2022, No. 11, the Art. 1694);

the order of the Government of the Russian Federation of November 28, 2024 No. 1643 "About modification of the order of the Government of the Russian Federation of October 20, 2017 No. 1285" (The Russian Federation Code, 2024, No. 49, the Art. 7616).

3. Bring in the order of the Government of the Russian Federation of December 31, 2020 No. 2467 "About approval of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts, separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, the decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" (The Russian Federation Code, 2021, No. 2, Art. 471 are not applied; 2024, No. 25, Art. 3505; No. 33, Art. 5163; No. 38, Art. 5651; No. 40, Art. 5981; No. 42, Art. 6257; No. 44, Art. 6619; No. 50, Art. 7744; 2025, No. 6, Art. 439; No. 10, Art. 1067, 1082; No. 11, Art. 1178; No. 13, Art. 1476; No. 14, Art. 1723; No. 15, Art. 1919, 1925; No. 17, Art. 2152, 2158, 2160, 2169, 2170; No. 18, Art. 2234, 2240, 2242, 2243; No. 19, Art. 2333; No. 20, Art. 2442, 2443, 2446, 2454, 2484; Official Internet portal of legal information (www.pravo.gov.ru), 2025, on May 21, No. 0001202505210010) following changes:

a) ceased to be valid according to the Order of the Government of the Russian Federation of 27.10.2025 No. 1670

b) Item 506 of the list of regulatory legal acts and groups of regulatory legal acts of the Government of the Russian Federation, regulatory legal acts, separate provisions of regulatory legal acts and groups of regulatory legal acts of federal executive bodies, legal acts, separate provisions of legal acts, groups of legal acts of executive and administrative organs of the government of RSFSR and USSR, the decisions of the State Commission on Radio Frequencies containing mandatory requirements to which provisions of parts 1, 2 and 3 articles 15 of the Federal law "About Mandatory Requirements in the Russian Federation" approved by the specified resolution are not applied to exclude.

4. This resolution becomes effective since September 1, 2025.

5. The rules approved by this resolution are effective till September 1, 2031.

Approved by the Order of the Government of the Russian Federation of May 30, 2025 No. 796

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 the service provision agreement of subjects of natural monopolies in ports (further - the agreement) to the certain consumers who submitted the requests for the conclusion of the agreement 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 of port 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 of port 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 specified in Item 20 of these rules.

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