ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 5, 2009 No. 643

About state regulation of rates, charges and payments concerning works (services) of subjects of natural monopolies in the sphere of rail haulings

According to article 6 of the Federal law "About Natural Monopolies" and for the purpose of enhancement of state regulation of activities of subjects of natural monopolies in the sphere of rail haulings the Government of the Russian Federation decides:

1. Approve enclosed:

Regulations on state regulation of rates, charges and payment concerning works (services) of subjects of natural monopolies in the sphere of rail haulings;

the list of works (services) of subjects of natural monopolies in the sphere of rail haulings, rates, charges and concerning which payment are regulated by the state.

2. Declare invalid Item 1 of the 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" (The Russian Federation Code, 2004, No. 51, the Art. 5201) regarding approval of the Regulations on bases of state regulation of rates on rail transport.

Approved by the Order of the Government of the Russian Federation of August 5, 2009 No. 643

Regulations on state regulation of rates, charges and payment concerning works (services) of subjects of natural monopolies in the sphere of rail haulings

1. This Provision determines:

a) the purposes, the basic principles and methods of state regulation of rates, charges and payment concerning works (services) of subjects of natural monopolies in the sphere of rail haulings, except for rates, charges and payment concerning the international transit rail haulings on the territory of the Russian Federation (further - rates, charges and payment);

b) pricing bases concerning works (services) performed (rendered) subjects natural monopolies in the sphere of rail haulings;

c) rules of state regulation of rates, charges and payment.

2. Rates for transportations by railway transport public in the international transit message are established according to international treaties of the Russian Federation. Enforcement and application of rates for the international transit rail haulings are performed according to regulatory legal acts of the Ministry of Transport of the Russian Federation.

3. In these rules the following concepts are used:

"regulating authorities" - the Federal Antimonopoly Service and executive bodies of subjects of the Russian Federation performing state regulation of rates, charges and payment according to the procedure, established by the legislation of the Russian Federation;

"the subject of regulation" - the subject of natural monopoly in the sphere of rail haulings performing works (rendering the services) included in the list of works (services) of subjects of natural monopolies in the sphere of rail haulings, rates, charges and concerning which payment are regulated by the state;

"rate" - price rate for works (services) performed (rendered) subjects regulations;

"collection" - the charge rate of additional transaction or work (service) performed (rendered) by subjects of regulation which is not included in rate;

"the long-term period of regulation" - the period of regulation at least 5 years, and concerning contracts for the organization of transport servicing of the population by rail in the suburban message in subjects of the Russian Federation - is at least effective period of such agreements;

"the single supplier" - the producer (the contractor, the contractor) of goods, works, services for needs of the subject of regulation with which the subject of regulation signs the agreement without holding competitive procedures of the purchases provided by regulations on purchase of the subject of regulation.

4. State regulation of rates, charges and payment is performed in the following purposes:

a) creation of conditions for steady safe functioning and dynamic development of rail transport public;

b) ensuring balance of interests of the organizations of rail transport and users their services;

c) optimization of total transportation costs;

d) creation of conditions for economic growth and increase in competitiveness of national economy;

e) preserving single social and economic space of the country and creation of conditions for deepening of transport commercial ties between regions;

e) creation of conditions for development of the competition on rail transport public;

g) ensuring non-discriminatory access to services of rail transport public, including to services in use of infrastructure of rail transport public;

h) increase in investment appeal of rail transport public;

i) creation of the economic incentives providing optimization of cost of services of rail transport and improvement of their quality.

5. State regulation of rates, charges and payment is based on the following principles:

a) forming of rates, charges and payment taking into account the this separate expense accounting, the income and financial results on types of activity, tariff components, the integrated work types (services), activities segments (natural and exclusive, competitive) subjects of regulation;

b) establishment of rates, charges and payment taking into account cost and the level of profitability for the purpose of ensuring profitability of activities of subjects of regulation;

c) application in all territory of the Russian Federation of the single principles of regulation of rates, charges and payments.

6. State regulation of rates, charges and payment is performed by regulating authorities within their competence.

6(1). Decisions on change of price level, charges and payment in cases, stipulated in Item 9 Procedures for regulation of access to services of rail transport, including fundamentals of tariff policy, being appendix No. 2 to the Protocol about the coordinated (approved) transport policy (appendix No. 24 to the Agreement on the Eurasian Economic Union signed in Astana on May 29, 2014) having the right to accept subject of regulation within limits of such rates, charges and payment established by Federal Antimonopoly Service according to the methodical instructions approved by this Service. The specified change of rates, charges and payment can be performed using the lowering and raising coefficients determined by subjects of regulation for the period up to 10 years.

7. Rates, charges and payment are established by regulating authorities in relation to the specific subject of regulation according to the list of works (services) of subjects of natural monopolies in the sphere of rail haulings, rates, charges and concerning which payment are regulated by the state.

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