OREANDA-NEWS. May 04, 2011. The Federal Service for Supervision of Protection of Consumer Rights and Human Well-Being (Rospotrebnadzor) announced that the provisions of its No. 01/9848-0-32 Letter “On the Practice of Applying the Customs Union Documents” of 2nd July 2010 lost effect in the part of radiation control of scrap metal, reported the press-centre of FAS Russia.

Referring to this letter, regional offices of Rospotrebnadzor instructed economic entities that it was unlawful when radiation control protocols were issued by accredited laboratories that were not subordinate to the federal executive bodies. Also, structural units and regional offices of Rospotrebnadzor informed branches of “Russian Railways” OJSC that radiation control protocols issued by the above organisations could not be accepted for transportation of scrap metal by railway transport. According to FAS Russia, such actions of Rospotrebnadzor had the signs of antimonopoly violations in the part of unlawful restricting of the range of laboratories, whose examination protocols are accepted as the documents confirming that scrap metal meets radiation safety requirements.

On 14th March 2011, FAS Russia began the procedures for initiating a case against Rospotrebnadzor upon the signs of violating Part 1 Article 15 of the Federal Law “On Protection of Competition” (prohibiting competition-restricting acts and actions of the authorities).However, Rospotrebnadzor informed its regional offices that the Letter should be considered void in the part of radiation control of scrap metal and confirmed that radiation control protocols shall be issued by the laboratories accredited according to the established procedures (No. 01/3620-1-32 Letter of 31st March 2011).

ТFAS Russia would like to point out that Rospotrebnadzor voluntarily eliminated the violation in the part of restricting the group of economic entities that can carry out radiation control of scrap metal.

At the same time FAS Russia forwarded explanations to the experts of the Ministry of Transport of the Russian Federation and “Russian Railways” OJSC who are responsible for accepting the protocols of radiation measurements for transporting scrap metal by railway transport.

“Revealing the facts of refusals to accept radiation control protocols issued by the laboratories accredited in accordance with the established procedures, as well as the facts of issuing such letters by regional offices of Rospotrebnadzor that restrict economic entities in their choice of testing laboratories for radiation control protocol, an economic entity can approach FAS Russia in order to take measures of antimonopoly control”, explained the Head of the FAS Russia’s Department for Administrative Reform and Control of Paid Public Services, Ms. Lyudmila Solontsova.