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2010 March 4   12:29

Inland Waterways Tariffs Bill to be passed in the State Duma

Russian Government has introduced the bill "On Amendments in the Code of Inland Water Transport of Russia" to be passed in the State Duma. In an explanatory memorandum to the draft amendments, posted on the Russian State Duma official website, the bill establishes an effective legal mechanism of tariffs regulation imposed for the services rendered on inland waterway infrastructure (including river ports), as well as improving the legal basis for the government regulation of pilotage services (including those implemented by non-governmental organizations), which is an essential element in ensuring the safety of navigation, prevention of accidents with ships and protect the environment. The bill is introduced by the Ministry of Transport of Russia.

The bill is aimed at bringing the Articles 6 and 58 of the Code of inland waterway transport of Russia in compliance with the provisions of Articles 4 and 6 of the Federal Law "On natural monopolies". Article 6 of the Code stipulates that the order of tariffs charged for transportation of cargo, passengers and their baggage, towing vessels and other watercrafts, loading and unloading of goods, other services provided by inland water transport, as well as rules for the application of such tariffs is established by the Government of Russia. However, by the Federal Law from December 31, 2005, N 199, several amendments were made in the Federal Law of August 17, 1995 N 147 "On Natural Monopolies" that had included the inland waterways infrastructure (Article 4) services in those regulated by law. Besides, the definition of the list of services of natural monopolies, tariffs regulated by the Fed. Gov., and some state regulation of tariffs (Article 6 of the Federal Law) were attributed to authority of the RF Government.

Article 58 of the Code stipulates that the port charges are established at ports. Types, rates of port dues and rules for their application are established in the manner determined by the Government of Russia. At present, the following charges are established on inland waterways: ship, navigation, pilotage, berthing, anchorage, channel, icebreaking, lighthouse, for transit of foreign vessels via inland waterways.

"Analysis of application of Article 58 of the Code has proved that a number of fees on inland waterways, including navigation, pilotage, for the foreign-flagged ships transit, is charged for services rendered outside the river ports territory and, in fact, could not be accepted as harbor fees,” the memorandum to the bill said.

The revision of Article 6 of the Code should bring the provisions of this article in accordance with applicable Federal Law "On Natural Monopolies". Thus the title of Article 6 of the Code is proposed to be changed as "Fees from ships, tariffs, freight charges on inland waterways”.

In Part 1 of the new revision of Article 6 of the Code is proposed to confirm the provision that the transportation of cargo, passengers and their baggage, towing vessels and other floating objects, loading and unloading of cargoes, navigational safety, the services in the river ports on inland waterway infrastructure and other inland waterways transport services are provided on a fee basis.

Because the Code does not define "infrastructure of inland waterways," then it is proposed to include the definition in the new revision of Article 6 of the Code, the explanatory memorandum said.

To read the text of the bill "On Amendments to the Code of Inland Water Transport of Russia" visit PortNews website.

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