OREANDA-NEWS.  On 04 June was announced, that the Federal Antimonopoly Service (FAS Russia) found that the Federal Transport Control Service (Rostransnadzor) violated Clause 2 Part 1 Article 15 of the Federal Law "On Protection of Competition" by unreasonably interfering with economic activities of market participants for providing services for preventing and liquidating accidental oil and oil product spills in a seaport. FAS Russia issued a determination to eliminate the violations.

Earlier the St Petersburg Office of the Federal Antimonopoly Service (OFAS Russia) forwarded to FAS Russia a petition of the Russian Association of Marine and River Fuelers. The petition was related to the requirement of the "Administration of the "Greater Port of St Petersburg" Seaport" Federal State Institution on mandatory and additional certification of emergency rescue teams, for preventing and liquidating accidental oil and oil product spills (further on referred to as ASF) in the "Greater Port of St Petersburg" seaport, by the Central Certification Commission of the Transport Complex of the Russian Federation (further on referred to as TsAK).

Until mid-2008 emergency rescue teams from more than ten organisations were engaged in preventing and liquidating accidental oil and oil product spills the St Petersburg seaport. They were certified in accordance with the statutory requirements of the Russian Federation established in the Federal Law "On Emergency Rescue Services and the Rescuer Status".

The emergency rescue teams were certified by the Inter-Branch Commission for certifying emergency rescue teams, rescuers and training institutions (further on referred to as MAK).

In May 2008 Rosmorrechflot (the Federal Agency for Marine and River Transport) and the Seaport Administration started require mandatory and additional certification of emergency rescue teams in accordance with the procedures established by the Russian Ministry of Transport and mandatory additional MAK certificates signed by the MAK Chairman.

According to the instruction of Rostransnadzor "On Approving the Regulations ot the Central Commission for Certification of Emergency Rescue Services, Emergency Rescue Teams and Rescuers for the Transport Complex of the Russian Federation" of 19th April 2005, certification of emergency rescue services, emergency rescue teams and rescuers for the transport complex of the Russian Federation must be performed by TsAK; the TsAK composition must be approved at a meeting of the Inter-Branch Commission for certifying emergency rescue teams, rescuers and training institutions.

Referring to the Act of Commission's inspection, carried out by Rosmorrechflot, Rostransnadzor sent a letter to the Captain of the Greater St Petersburg Seaport with instruction to "stop accepting and fulfilling traffic requests for oil tankers from 15th November 2008, including fuelers, from the organisations involved in oil and oil product transfer as well as port bunkering, that do not have valid LRN plans that meet the established requirements, as well as their own teams for liquidating accident oil and oil product spills, or rescue contracts with the emergency rescue teams certified by the Central Certification Commission for the Transport Complex of the Russian Federation".

To execute the instructions of Rostransnadzor, the Seaport Administration (the Seaport Captain) sent letters to the Heads of the organisations notifying them that from 15th November 2008 the seaport would suspend accepting and fulfilling the above requests.

Regardless of the form of ownership and level of subordination, all emergency rescue services and emergency rescue teams, certified by and rescuers by industry and regional certification commissions must present certification materials to MAK in order to issue a standard certificate for emergency- rescue works and other urgent works in a situation of emergency.

Under the circumstances the Seaport Administration is not independent in its actions and is executing the orders and instructions of the federal executive bodies to which it is subordinate. Actions of Rostransnadzor, a federal executive bodies subordinate to the Russian Ministry of Transport, on determining special criteria for ASF certification have negative impact on competition on the market of the services for preventing and liquidating accidental oil and oil product spills in the seaport areas and apply to administrations of all ports in the Russian Federation.

 

Having investigated the case, FAS Russia issued a determination to Rostransnadzor to eliminate the violations.