FAS Russia Found that Ministry of Economic Development Violated Law
OREANDA-NEWS. April 05, 2010. The Federal Antimonopoly Service (FAS
The case was initiated upon petitions of "RUBEG" Group of Companies" Ltd. and "ProdImport" Ltd.
In 2006-2009 petitioners repeatedly asked the Ministry of Economic Development to reregister their licenses issues in accordance with No. 732 Decree of the Government of the Russian Federation of 5th December 2005 "On Import of Beef, Pork and Poultry in 2006-2009" for meet import due to one of the cases listed in Clause 1 No.733 Decree of the Government of the Russian Federation of 5th December 2005 "On Additional Measures for Regulating Import of Beef, Pork and Poultry in 2006-2009" (No.733 Decree), including cases when Rosselkhoznadzor introduces full or partial ban for import of meat from supplying states (unions of states) due to an unfavourable epizootic situation.
Investigating the case, FAS
- The Ministry of Economic Development had information about cases, which under Clause 2 No.733 Decree constitute the grounds for organizing consultations under Clause 3 No.733 Decree. The Ministry of Economic Development did not organize consultations with supplying states (unions of states) in all cases under Clause 1 No.733 Decree;
- Rosselkhoznadzor failed to inform the Ministry of Economic Development in accordance with Clause 2 No.733 Decree on introduction of full or partial bans for import of meat from a supplying state (a union of states) due to an unfavourable epizootic situation, which could have caused the Ministry of Economic Development not to hold consultations, specified in Clause 3 No.733 Decree.
Mrs Lesya Davydova, who is a member of the FAS Russia's Commission, pointed out that the Ministry of Economic Development lacks normative legal acts regulating the mechanism for obtaining information about absence of the required amount of goods on the markets of a supplying state (a union of states), as well as the procedures for starting and organizing consultations, the outcome of which can constitute the grounds for reregistering the licenses for import of meat products to the Russian Federation, for which quotas are introduced.
Therefore, due to omissions of the Ministry of Economic Development and Rosselkhoznadzor participants of foreign economic activities were unable to exercise their rights to reregister the licenses, which could have restricted competition on the meat market.
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