ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 15, 2004 No. 787

About approval of the Regulations on bases of state regulation of rates on rail transport and Rules of provision of the exclusive tariffs on rail transport

For the purpose of streamlining of state regulation on rail transport the Government of the Russian Federation decides:

1. Approve enclosed:

Rules of provision of the exclusive tariffs on rail transport.

2. Recognize invalid:

the order of the Government of the Russian Federation of March 19, 2001 N 194 "About approval of the Regulations on bases of state regulation of rates for goods rail haulings" (The Russian Federation Code, 2001, N 13, Art. 1250; N 46, of the Art. 4366);

the order of the Government of the Russian Federation of December 23, 2002 N 917 "About approval of Rules of provision of the exclusive tariffs on goods rail haulings" (The Russian Federation Code, 2002, N 52, the Art. 5223).

Approved by the Order of the Government of the Russian Federation of December 15, 2004 No. 787

Rules of provision of the exclusive tariffs on rail transport

1. These rules establish procedure for provision of the exclusive tariffs providing special conditions of tariffing on rail haulings and services in use of infrastructure of rail transport public (further - the exclusive tariffs).

2. The exclusive tariffs are applied in the territory of the Russian Federation taking into account conditions of transportations, condition of commodity markets and services, need of providing competitiveness of transport system, stimulation of development of new technologies on rail transport and providing equal conditions of provision of services to all consumers.

3. Consideration of offers on provision of the exclusive tariffs is performed:

 Federal Antimonopoly Service - in the interstate and international message;

The Ministry of Transport of the Russian Federation - when implementing the international transit rail haulings on the territory of the Russian Federation.

4. Offers on provision of the exclusive tariffs contain the feasibility statement on need of their establishment, and also materials which list is determined respectively by Federal Antimonopoly Service or the Ministry of Transport of the Russian Federation.

The arrived offers on provision of the exclusive tariffs go Federal Antimonopoly Service to the Ministry of Transport of the Russian Federation, the Ministry of Transport of the Russian Federation in Federal Antimonopoly Service, and also if necessary - to the subject of natural monopoly on rail transport, to the interested federal executive bodies and to independent experts for submission of the conclusion.

The conclusions within 14 days from the date of receipt of materials are represented to Federal Antimonopoly Service or to the Ministry of Transport of the Russian Federation according to their competence.

5. Offers on provision of the exclusive tariffs, on terms of their provision and conditions of compensation of the expenses incurred by railway transport are considered after receipt of all required materials according to the procedure and in the terms established by Federal Antimonopoly Service or the Ministry of Transport of the Russian Federation according to their competence.

If necessary employees of public authorities, representatives of the organizations - consumers of services of rail transport and independent experts are involved in such consideration.

6. Federal Antimonopoly Service or the Ministry of Transport of the Russian Federation by results of consideration of offers on provision of the exclusive tariffs make the relevant decision. Enforcement of the exclusive tariffs is performed in accordance with the established procedure by acts of Federal Antimonopoly Service or Ministry of Transport of the Russian Federation.

7. Provision of the exclusive tariffs on rail transport in individual procedure is not allowed.

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