ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 22, 2009 No. 599

About procedure for ensuring access to services of subjects of natural monopolies at the airports

For the purpose of ensuring non-discriminatory access to services of subjects of natural monopolies at the airports and according to article 10 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

1. Approve the enclosed Rules of ensuring access to services of subjects of natural monopolies at the airports.

2. To the Ministry of Transport of the Russian Federation in 3-month time to approve:

in coordination with Federal Antimonopoly Service method of calculation of technical capability of the airports and procedure for its application;

form and content of the request for rendering services of subjects of natural monopolies at the airports;

form and procedure for maintaining the register of requests for rendering services of subjects of natural monopolies at the airports.

3. Add the list of services of subjects of natural monopolies at the airports, the prices (rates, charges) for which are regulated by the state, approved by the order of the Government of the Russian Federation of April 23, 2008 N 293 "About state regulation and control 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" (The Russian Federation Code, 2008, N 17, the Art. 1887), Items 5 and 6 of the following content:

"5. Ensuring filling of aircrafts with aviation fuel

6. Storage of aviation fuel".

4. The rules approved by this resolution become effective after 3 months from the date of its signing.

Approved by the order of the Government of the Russian Federation of July 22, 2009 No. 599

Rules of ensuring access to services of subjects of natural monopolies at the airports

I. General provisions

1. These rules determine the general principles and procedure for ensuring access of consumers to services of subjects of natural monopolies (further - services) at the airports for the purpose of the prevention of creation of conditions which put the consumer (several consumers) in unequal position in comparison with other consumer (other consumers) in case of access to infrastructure facilities of the airports and to services at the airports.

2. In these rules the following terms are applied:

"director of photography" - the business entity having the certificate of the airport and the certificate on state registration and the validity of airfield to operation;

"operator" - the business entity having the certificates on implementation of airport activities having and (or) using on any legal cause the complex of constructions including airfield, and (or) air terminal, and (or) other infrastructure facilities of the airport intended for rendering complex or part of services at the airports;

"consumers" - air carriers, the performing regular and irregular air transportation, operators of aircrafts (operators), and also other persons, except for passengers, using services at the airports or submitted the application for rendering services at the airports;

"infrastructure facilities of the airport" - constructions and the equipment, it is production - the technology complexes which are in the territory of the airport and directly used for the purpose of rendering services to consumers at the airport;

"slot" - the departure time included in the schedule and (or) arrivals (take-off or landing) for specific type (types) of the aircraft in certain date (day of the week);

"the historical slot" - the slot included in the schedule in the previous equivalent period;

"the right of the historical slot" - the right to use the slot similar to the slot included in the schedule in the previous equivalent period.

"summer season" - half-year which action begins last Sunday of March and terminates on Saturday before the last Sunday of October;

"the winter season" - half-year which action begins last Sunday of October and terminates on Saturday before the last Sunday of March;

"technical capability of the airport" - the settlement size determined by standard rates of handling capacity of infrastructure facilities of the airport, including landing strips, the platform, air terminals (terminals), check points through frontier of the Russian Federation, and also infrastructure facilities of fuel providing aircrafts and storage of aviation fuel.

II. The general principles of access to services at the airports

3. For the purpose of ensuring access of consumers to services at the airports directors of photography (operators) shall:

a) not allow creation of conditions which put in unequal position of one consumer (several consumers) in comparison with other consumer (other consumers) when rendering services at the airports;

b) carry out the single price (tariff) policy concerning rendering services at the airport concerning consumers;

c) 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;

d) provide availability of information on the list of services at the airports, procedure for their accomplishment, rates and charges.

III. General procedure for access to services at the airports

4. Services at the airports are provided to their consumers based on the service provision agreement (further - the agreement) which consists both in simple written form, and in other form, the stipulated by the legislation Russian Federation, including according to one-time addresses of consumers.

5. Person who intends to sign the service provision agreement (further - the applicant) sends to the director of photography (operator) in writing the request about rendering services at the airports (daleezayavka). The commitment form and contents of information specified in the request affirm the Ministry of Transport of the Russian Federation, at the same time for consumers, being air carriers and (or) operators, the request without fail contains the following main data:

a) list of slots;

b) data on the frequency of flights;

c) the list of types of aircrafts on which the applicant is going to carry out flights;

d) need for filling of aircrafts with fuel.

6. The director of photography (operator) keeps the register of requests in which date and time of receipt of the request, and also its registration number are fixed. The form of the register and procedure for its maintaining are established by the Ministry of Transport of the Russian Federation. Refusal in registration, misstatement of the data specified in the request and the registration requisition number is not allowed.

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