OREANDA-NEWS. May 13, 2010. The Federal Arbitration Court of the Moscow District dismissed the cassation appeal of the Federal Transport Service (Rostransnadzor), which confirmed validity and justness of the decision and determination issued by the Federal Antimonopoly Service (FAS Russia). The FAS Russia's determination is aimed at protecting competition and eliminating adverse impact on the state of competition on the market for oil and oil products spill response operations in the seaport water areas, reported the press-centre of FAS Russia.

Earlier FAS Russia found that Rostransnadzor violated Clause 2 Part 1 Article 15 of the Federal Law "On Protection of Competition" by unreasonably preventing economic activities of market agents for providing services related to oil and oil products spill response operations in a seaport, and issued a determination to eliminate the violations.

The case was initiated upon a petition from the Russian Association of Sea and River Bunkers that the "Authority of the "Big Port of St Petersburg" Seaport" Federal State Enterprise set requirements for mandatory and additional certification of emergency rescue teams, that carry out oil spill response operations in the water area of the "Big Port of St Petersburg" Seaport, with the Central Certification Commission of the Transportation Industry of the Russian Federation (further on referred to as the Central Certification Commission). Before mid-2008 oil spill response operations in the Big Port of St Petersburg were provided by rescue teams of more than a dozen of organizations, accredited in accordance with the statutory requirements of the Russian Federation established by the Federal Law "On Emergency Rescue Services and Rescuers' Status".

The rescue teams passed certification with the Inter-branch Commission for certification of rescue teams, rescuers and educational institutions providing rescue training (further on referred to as the Inter-branch Commission). However, in May 2008 the Federal Marine and River transport Agency (Rosmorrechflot) and the Authority of the Big Port of St Petersburg began to require rescue teams to have mandatory and additional certifications in accordance with the procedures set by the Russian Ministry of Transport and to mandatory obtain an additional certificate from the Inter-branch Commission signed by the Chairman of the Central Certification Commission. Rostransnadzor sent a letter to the captain of the Big Port of St Petersburg instructing "from 15th November 2008 to suspend accepting and fulfilling requests for движение oil carriers, including bunker vessels, from the organizations involved in oil and oil products transfer, as well as bunkering in the sea port area that do not have valid oil spill response plans that meet the established requirements as well as its own а oil and oil products spill response teams, or contracts for rescue operations with rescue teams that are certified by the Central Certification Commission of the Transportation Industry of the Russian Federation".

To execute the instructions of Rostransnadzor, the Port Authority sent a letter to the heads of organizations warning them that from 15th November 2008 the above applications would not be accepted and fulfilled. Having investigated the case, FAS Russia issued a determination to Rostransnadzor to eliminate the violations by withdrawing the letter of Rostransnadzor sent to the captain of the Big Port of St Petersburg. The Moscow Arbitration Court and the 9th Arbitration Appeal Court upheld the FAS Russia's decision and determination.