FAS: Cargo Inspection Is Responsibility of RZD
OREANDA-NEWS. September 05, 2013. In August 2013, the Federal Antimonopoly Service (FAS Russia) received petitions from consignors indicating signs of “Russian Railways” OJSC violating the antimonopoly law. The consignors were unhappy with the Combined Procedures for Organizing Commission Examinations of Cargo applied by the monopolist.
On 19th July 2013, referring to Article 27 of No.18-FZ Federal Law “The Statutes of the Railway Transport in the Russian Federation” of 10th January 2003, “Russian Railways” OJSC approved the Combined Procedures for Organizing Commission Examinations of Cargo under by the Central Traffic Management Directorate, the Central Directorate for Managing Terminal Warehousing Complex and “Russian Railways Logistika” OJSC. In fact, this action was contrary to Article 27 of the Law.
“The Procedures for Organizing Commission Examinations of Cargo assigned the powers of “Russian Railways” OJSC to “Russian Railways Logistika” OJSC and enabled it to choose economic entities for inspection. Thus, “Russian Railways” OJSC granted its subsidiary the right to take part in inspections of competitors who are involved in railway cargo transportation and obtain information that constitutes commercial secrets”, explained Deputy Head of FAS Department for Control over Transport and Communications, Natalia Yakovenko.
On 15th August 2013, the next day after “Russian Railways” OJSC received an enquiry from FAS, the company abolished the Combined Procedures for Organizing Commission Examinations of Cargo.
Under Article 27 of the Statute, the carrier can verify authenticity of cargo tonnage, cargo-luggage and other information specified by consignors (shippers) in railway way-bills (applications for transportation of cargo-luggage).
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