Rosmorrechflot Executed FAS Determination
OREANDA-NEWS. November 10, 2011. The Federal Agency for River and Marine Transport (Rosmorrechflot) reported executing FAS determination that was based on the outcome of an antimonopoly case against the Agency, reported the press-centre of FAS Russia.
On 23rd August 2011, FAS found that Rosmorrechflot violated Part 3 Article 15 of the Federal Law “On Protection of Competition”.
Rosmorrechflot assigned certain functions and powers to “Marine Safety Service” Federal Budgetary Institution by issuing No.AD-159-r “On Approving the Statute of “Marine Safety Service” Federal Budgetary Institution” of 26th May 2011.
Investigating the case, the FAS Commission found that Rosmorrechflot assigned part of its functions and powers, specified by the International Code on Protection of Ships and Port Facilities and No.746 Decree of the Government of the Russian Federation of 3rd November 2007, to “Marine Safety Service” Federal Budgetary Institution: the function for issuing an Act on Compliance of port facilities; assess efficiency of transport security (protection) plans for ships and port facilities; approving assessments of protection of port facilities and introducing further amendments to the earlier approved assessments, as well as the function for approving the plans for protecting port facilities and introducing further amendments to the earlier approved plans.
According to its scope of reference, Rosmorrechflot should have considered and approved the plans for ship protection as well as assessment of protection and plans for protection of port facilities; however, the plans were received by Marine Safety Service” Federal Budgetary Institution, that considered and approved them on a fee basis.
Having investigated the case, 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 violation.
On 28th October 2011 Rosmorrechflot reported execution of FAS determination:
- on 6th October 2011, on its official site www.morflot.ru, Rosmorrechflot placed an clarification that economic entities can apply directly to Rosmorrechflot in order to consider and approve protection assessment and the plans for ship protection, and that it is not necessary for economic entities to execute internal procedures and rules approved by Marine Safety Service” Federal Budgetary Institution;
- By No.SG-329-r order of 27th October 2011, Rosmorrechflot introduced changes to the Statute of “Marine Safety Service” Federal Budgetary Institution that exclude inspections of port facilities in order to issue an Act on Compliance of port facilities; assess efficiency of meeting the requirement of the transport security (protection) plans for transport facilities; approving assessment of protection of port facilities and introducing further amendments to the earlier approved assessments, approving the plans for protecting port facilities and introducing further amendments to the earlier approved plans.
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