FAS Sends Determination to Rostechnadzor Due to Violations of Law
OREANDA-NEWS. On January 10, 2007 the Federal Antimonopoly Service (FAS Russia) sent a determination to the Federal Service for Supervision of Environment, Technology and Nuclear Management (Rostechnadzor) requesting it to eliminate violations of the antimonopoly legislation, reported the press-centre of FAS Russia.
Rostechnadzor breached the law by assigning executive functions to an economic entity and carrying out competition-restricting actions.
Particularly, FAS Russia requested that by 20th January 2008 Rostechnadzor must exclude the following activities from the Organization Charters of the "Centres for Laboratory Testing and Technical Measurements" Federal State Institutions ("FGU TsLATI") in federal districts:
- Preparing materials to substantiate permits for emission, discharge, entry or removal of polluting substances, and waste disposal on designated territories;
- Developing standards for allowable emission (discharge) of polluting substances in the environment, the standards for waste generation and limits to waste disposal, allowable levels of adverse environmental impact; Substantiating environmental management thresholds;
- Developing technical regulations for emission of harmful (polluting) substances to the atmosphere;
- Performing calculations to set standards of anthropogenic impact on the environment;
- Carrying out the work required to assess environmental impact of planned and existing enterprises; including blueprints of "Environmental Impact Assessment" and "Preserving the Environment" parts of preliminary and project documentation;
- Exercising ecological certification.
"Carrying our such activities puts organizations, subordinate to Rostechnadzor in advantageous position in comparison with other market participants. Execution of the FAS Russia's determination will normalize the situation on the market of environmental services by creating equal conditions for all economic actors", - said Vladimir Yefimov, the Head of the FAS Russia's Department for Supervision of the Housing and Utilities Services, Construction and Natural Resources, commenting on the determination.
On 5th December 2007 FAS Russia recognized that Rostechnadzor breached Parts 3 and 1 Article 15 of the Federal Law "On Protection of Competition".
Rostechnadzor breached the law by assigning administration of payments to "FGU TsLATI" and by failure to control activities of Rostechnadzor Offices on Supervision of Technology and Environment Management related to transferring the projects, developed by the users of natural resources (or developers of environmental documentation), for preliminary evaluation to "FGU TsLATI" and setting requirements for the users of natural resources and developers of environmental documentation on mandatory preliminary project evaluation by "FGU TsLATI".
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