OREANDA-NEWS. October 05, 2009. The Federal Tariff Service (FTS Russia) presented the evidence of executing a determination issued by the Federal Antimonopoly Service (FAS Russia), reported the press-centre of FAS Russia.

On 28th August 2009 FAS Russia found that FTS Russia and the Federal Service for Veterinary and Phytosanitary Control (Rosselkhoanadzor) violated the antimonopoly legislation that forbids competition-restricting actions of the authorities (Clause 2 Part 1 Article 15 of the Federal Law "On Protection of Competition").

The case focused on introduction by FTS Russia and Rosselkhoanadzor of the "List of quarantine products (quarantine materials, quarantine cargo), subject to government phytosanitary control". The document, regulating additional custom control was approved by Rosselkhoanadzor on 27th May 2009 and approved with FTS Russia. According to this Rule, from 15th July 2009 the quarantine products, included in the List and imported to the Russian Federation, are subject to a mandatory government quarantine phytosanitary control, particularly, inspections in the border-crossing points and secondary phytosanitary control and inspection.

Having investigated the case, FAS Russia established that Rosselkhoanadzor did not have the authority to devise and approve the List and FTS Russia agreed upon the document, which was prepared with violations of the current legislation, and forwarded it to the Heads of regional custom offices.

According to FAS Russia, with such unlawful actions Rosselkhoanadzor and FTS Russia created unreasonable obstruction to the activities of economic entities, in particular, by setting the requirements that were not provided for by the law. Those actions could have resulted in restricting competition.

FAS Russia found that the Rosselkhoanadzor and FTS Russia devised the above document in breach of the law and issued determinations to these bodies to eliminate the antimonopoly violations: inspections must be stopped within 40 days otherwise the Heads of Rosselkhoanadzor and FTS Russia would be fined or disqualified.

FTS Russia officially informed FAS Russia that it had sent a letter to Rosselkhoanadzor withdrawing the signature of the approving person from the above List. By No.1775 Order of 29th September 2009 FTS Russia also withdrew the Instructing Letter about the use of the List.