OREANDA-NEWS. December 11, 2007. The Federal Antimonopoly Service (FAS Russia) recognized that the Federal Service for Supervision of Environment, Technology and Nuclear Management (Rostekhnadzor) breached Article 15 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.

FAS Russia found that a federal executive body (Rostekhnadzor) adopted statutory acts and was involved in the activities that resulted or could have resulted in preventing, restricting or eliminating competition.

From the year 2006, Rostekhnadzor, acting under Article 20 of the Fiscal Code of the Russian Federation, Appendix 11.1 to the Federal Law "On the Budget Classification in the Russian Federation" and the Decrees of the Government of the Russian Federation "On Implementing the Federal Law "On the 2006 Federal Budget" and "On Implementing the Federal Law "On the 2007 Federal Budget", delegated some of its authority to administer charges for adverse impact on the environment to a subordinate federal State Unitary Enterprise "The Centre for Laboratory Testing and Technical Measurements" ("FGU TsLATI"). In 2006, in accordance with an Order given by Rostekhnadzor, "FGU TsLATI" was also delegated the authority to maintain the Register of the entities that have adverse impact on the environment (in course of investigating the antimonopoly case FAS Russia received documents confirming that this functions had been transferred back to Rostekhnadzor).

Having obtained a new general license of the Ministry of Finances for extra-budgetary activities, Rostekhnadzor included all kinds of environmental management in the Articles of Agreement of subordinate state-financed organizations, for the purposes of generating extra-budgetary funds and application of these funds. The list included, in particular, services on preparing materials to substantiate permits for waste emission, discharge or disposal as well as to develop standards and carry out ecological certification and audit.

FAS Russia recognized that Rostekhnadzor breached the antimonopoly legislation by adopting statutory acts and undertaking actions that restricted competition environment on the market of preparing materials to substantiate permits for waste emission, discharge or disposal as well as to develop standards and carry out ecological certification and audit.

Based on the above decision, FAS Russia issued a determination to eliminate the revealed violations; that is, Rostekhnadzor must amend, under the established procedures, the General License for opening business accounts to deposit funds gained from entrepreneurial or other income-bearing activities - to exclude commercial activities that lead or can lead to preventing, restricting or eliminating competition, if carried out along with administering charges. Rostekhnadzor should also exclude such commercial activities from the Articles of Agreement of "FGU TsLATI".