The agreement on regulation of access to services of rail transport, including fundamentals of tariff policy

of December 9, 2010

The government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation which are hereinafter referred to as with the Parties

based on the Agreement on the Customs union between the Russian Federation and the Republic of Belarus of January 6, 1995, the Agreement on the Customs union of January 20, 1995, the Agreement on the Customs union and the Common economic space of February 26, 1999, the Agreement on the single principles and competition rules of December 9, 2010, the Agreement on the single principles and regulations of activities of subjects of natural monopolies of December 9, 2010, promoting further development of the mutually beneficial economic relations,

recognizing need of ensuring access to services of rail transport of the states of the Parties and the approved approaches to state regulation of rates for these services,

for the purpose of forming of the total market of transport services within the Common economic space,

agreed as follows:

Article 1 of the Purpose of the Agreement

The purposes of this agreement are:

ensuring access of consumers of the states of the Parties to services of rail transport when implementing transportations on the territory of the state of each Party on conditions is at least favorable, than the conditions created for consumers of the state of this each Party;

respect for balance of economic interests between consumers of services of rail transport and the organizations of rail transport of the Parties;

providing conditions for access of the organizations of rail transport of the state of one Party to the domestic market of services of rail transport of the state of other Party.

Article 2 of Determination of the concepts used in the Agreement

The concepts used in this agreement mean the following:

"access to services of rail transport" - rendering rail transport of the state of one Party of services by the organizations to consumers of the state of other Party on conditions is at least favorable, than on what similar services are rendered to consumers of the state of the first Party;

"services of rail transport" - the services (works) rendered (carried out) by the organizations of rail transport to consumers, specified in appendix to this agreement;

"the organization of rail transport" - the physical person or legal entity of the state of the Party rendering services of rail transport to consumers;

"consumer" - the physical person or legal entity of the state of the Party using or intending to use services of rail transport;

"rate for services of rail transport" - monetary value of cost of services of rail transport;

"carrier" - the organization of rail transport which is performing activities for transportation of goods, passengers, baggage, cargo baggage and mailings, having the corresponding license, having on the property right or on other legal cause railway vehicles including traction vehicles;

"infrastructure" - the infrastructure of rail transport including the main and station ways, and also objects of electric utility service, the alarm system, communication, the device, the equipment, buildings, structures, the constructions and other objects technologically necessary for its functioning;

"services of infrastructure" - the services connected with use of infrastructure for implementation of transportations and other services specified in the documents developed according to Item 2 of Article 5 of this agreement;

"exclusive tariffs" - rates for the services of rail transport in transportation of goods established by means of application of temporary coefficient to rates for the specified services or special rates according to this agreement and the legislation of each of the states of the Parties.

Other concepts used in this agreement are used in the values specified in the Agreement on the single principles and regulations of activities of subjects of natural monopolies of December 9, 2010.

Article 3 Scope of the Agreement

1. This agreement extends to the relations between the organizations of rail transport, consumers, state bodies of the Parties, concerning services of rail transport.

2. Provisions of this agreement do not affect the rights and obligations of the Parties following from other international treaties which participants they are.

3. Nothing in this agreement shall be interpreted as obliging one of the Parties to distribute the rules and/or benefits following from this agreement to the third states, not being participants of this agreement, or business entities of such third states, their goods or services.

Article 4 Access for Consumers to Services of Rail Transport

The organizations of rail transport irrespective of the consumer's accessory to the state of this or that Party, its form of business provide it access to services of rail transport taking into account provisions of Article 5 of this agreement and Agreement on the single principles and competition rules of December 9, 2010.

Article 5 Ensuring Access of Carrier to Services of Infrastructure

1. The parties provide since January 1, 2015, access of carriers of the states of the Parties to services of infrastructure with respect for the following principles:

equality of the requirements to carriers established by the legislation of each of the states of the Parties;

ensuring with carriers proper technical condition of the railway rolling stock used by them;

provision of access to services of infrastructure within handling capacity of infrastructure proceeding from technical and technological capabilities;

carrying out concerning carriers of single price (tariff) policy in the field of services of infrastructure;

availability of information on the list of services of infrastructure, procedure for their accomplishment, rates, payment and charges for these services for all participants of transportation process on rail transport.

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