Rosmorrechflot Unlawfully Transfered Part of its Powers
OREANDA-NEWS. September 16, 2011. FAS Russia found that the Federal Agency for Marine and River Transport (Rosmorrechflot) violated Part 3 Article 15 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.
Rosmorrechflot violated the law when it assigned some of its functions and powers to “Marine Security Service” Federal Budget-Funded Organisation (No.АD-159-r Order “On Approving the Regulations of “Marine Security Service” Federal Budget-Funded Organisation” of 26th May 2011).
Investigating the case, the FAS Commission established that Rosmorrechflot transferred some of its functions and powers, provided for by the International Code for Protection of Vessels and Port Facilities and No.746 Decree of the Government of the Russian Federation of 3rd November 2007, to № 746, “Marine Security Service” Federal Budget-Funded Organisation, namely:
- the function for issuing Acts of conformity for port facilities, assessing efficiency of the plans for protection of vessels and port facilities, approving assessments of protection of port facilities and introducing further amendments to earlier approved assessments,
- the function for approving the plans for protecting port facilities and introducing further amendments to earlier approved plans.
According to its scope of reference, Rosmorrechflot should consider and approve vessel protection plans and assess plans for protection of port facilities. However, such plans were received by “Marine Security Service” Federal Budget-Funded Organisation that considered and approved the plans on a fee basis.
Upon investigating the case, on 23rd August 2011, the FAS Commission found that Rosmorrechflot violated Part 3 Article 15 of the Federal Law “On Protection of Competition” and issued a determination to stop the antimonopoly violations.
The FAS Commission also obligated Rosmorrechflot to provide explanations on its official web-site that economic entities can approach Rosmorrechflot directly to approve the plans for vessel protection and it is not necessary for them to follow internal regulations and rules approved by “Marine Security Service” Federal Budget-Funded Organisation.
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