The Federal Antimonopoly Service (FAS Russia) initiated a case against the Interregional Territorial Office of Rostechnadzor (the Federal Service for Environmental, Technological and Nuclear Supervision) in the North-Western Federal District (ITP Rostechnadzor in NWFD) for violating Part 1 Article 15 of the Federal Law «On Protection of Competition». The case hearing is scheduled for 3rd June 2008.
FAS Russia was approached by the «Low-Tonnage Chemical Products» Testing Laboratory of the «Applied Chemistry» Russian Research Centre» Federal State Unitary Enterprise, of St Petersburg. In its petition, the Laboratory informed FAS Russia that ITP Rostechnadzor in NWFD unfoundedly impeded its economic activities.
FAS Russia established that ITP Rostechnadzor in NWFD had sent an Information Letter to the North-Western Customs Department, stating that the «Applied Chemistry» Russian Research Centre» and a number of other organizations were issuing expert conclusions on the absence of ozone-destroying substances in the transported goods, therefore, substituting the functions of ITP Rostechnadzor in NWFD. In the context of the Letter, no organization located in the North-Western Federal District, except the regional offices of Rostechnadzor, could issue the above conclusions and decisions on export/import possibilities of ozone-destroying substances and products, containing them, to/from Russia.
However, under Clause 10 of the Regulations on Rostechnadzor issuing decisions regarding cross-border transportation of ozone-destroying substances and products, containing them, Rostechnadzor issues a decision to an applicant on export/import possibilities of ozone-destroying substances and products, containing them, to/from Russia, or refuses to grant such a permission indicating the reasons for that. Or Rostechnadzor issues a conclusion that the products intended for cross-border transportation do not fall in the category of ozone-destroying substances. Moreover, under Clause 5 of the Regulations, if necessary Rostechnadzor can request additional information from the applicant, for instance, conclusion of an analytical laboratory, accredited in accordance with the established procedures for testing halogen-containing carbons and hydrocarbons, whether the products contain ozone-destroying substances, etc.
FAS Russia established that the Testing Laboratory of the «Applied Chemistry» Russian Research Centre» is accredited to test products for presence of ozone-destroying substances.
However, according to the explanation given by Rostechnadzor, the results of analyses completed by the Testing Laboratory of the «Applied Chemistry» Russian Research Centre» did not allow the Laboratory to issue conclusions regarding cross-border transportation of the products that do not contain ozone-destroying substances.
Therefore, in the FAS Russia's opinion, actions of ITP Rostechnadzor in NWFD unfoundedly prevented activity of economic entities, accredited to test products for presence of ozone-destroying substances, and violated Part 1 Article 15 of the Federal Law «On Protection of Competition».
