The actions of “KTZH” were justified
NCE RK "Atameken" explained the decision of JSC NC "KTZH" to ban the acceptance of grain from CIS and Baltic countries
From 5th to 15th of January JSC NC "Kazakhstan Temir Zholy" temporarily limits the acceptance of grain from CIS and Baltic countries, however, there is no ban on transit traffic through the territory of Kazakhstan.
However, the decision of NC "Kazakhstan Temir Zholy" caused a negative reaction among the Russian carriage operators.
As it was explained by KTZ, the measure was forced due to a lack of machinery for loading grain in the first half of January.
However, as it is well known, the cooperation of railway administrations of the CIS and Baltic countries is carried out within the Council for Rail Transport of the Commonwealth (CRTC), created in 1992.
According to the rules of operation, number specific accounting and settlement for the use of freight cars owned by other states, approved by the Council for Rail Transport on 5th of April 1996, the Convention's prohibition of this type of loading is made by a decision of an appropriate railway administration.
Acting according to established rules, on 2nd of January 2016, the National Company "Kazakhstan Temir Zholy" notified by telephone dispatch CRTC and all railway administrations of all stations of the CIS countries about the ban on acceptance of grain, supply of empty grain cars both owned or leased. Management of the Council, in turn, announced the Convention's prohibitions, which entered into force on January 5 of the same year.
According to JSC "NC" Kazakhstan Temir Zholy ", the abolition of the ban is scheduled for January 15, 2016.
With regard to the legality of actions of JSC "NC" KTZH" in the framework of Eurasian integration, it is worth noting that the Treaty on the Eurasian Economic Union does not provide for the regulation of the interaction between the operators of carriages and infrastructure operators.
Terms of access to infrastructure in respect of operators are established on the national level as well as in accordance with the agreements within CRTC.
Moreover, when it comes to compliance with the general rules and principles of competition at cross-border markets of the Union, it should be understood that according to the criteria of the market for cross-border, the geographical boundaries of the commodity market should cover the territory of two or more parties, which in this case has no place to be.
However, in the case of a violation by the prohibition of "NC" KTZH" of the interests of other participants in the Kazakhstani market of railway transport the matter should be reviewed in compliance with the national law by the authorized state body represented by the Committee on Regulation of Natural Monopolies and Protection of Competition of the Ministry of National Economy of Kazakhstan.
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