FAS ISSUED A WARNING TO ROSSELKHOZ NADZOR

The Federal Service for Veterinary and Phyto-Sanitary Supervision unreasonably obstructed “AgroPartner” JSC obtaining a license for quarantine phyto-sanitary disinfection

In May 2018, “AgroPartner” JSC sent an application to theFederal Service for Veterinary and Phyto-Sanitary Supervision(Rosselkhoznadzor) and documents and documents necessary to obtain a license for the right to carry out works on quarantine phyto-sanitary disinfection.

Rosselkhoznadzor responded that the package of documents was incomplete and returned it to the applicant together with a relevant notification.

In the course of the investigation, FAS established that the documents and information accompanying the application of “AgroPartner” JSC were presented in full and drawn in accord with the requirements of the Law on licensing.

Thus, there were no grounds for Rosselkhoznadzor to return the company’s application while such actions could have resulted in preventing, restricting or eliminating competition.

In view of the above, FAS [1] issued a warning to stop the actions containing elements of the violation [2]. Rosselkhoznadzor also must inform “AgroPartner” JSC that its application can be reconsidered.

Reference:

Part 1 Article 15 of  No. 135-FZ Federal Law “On Protection of Competition” of 26.07.2006 prohibits federal executive bodies, the authorities of the subjects of the Russian Federation, local self-government bodies, other bodies and organizations exercising the functions of the above bodies, organizations involved in rendering public (state) or municipal services,  as well as state extra-budgetary funds, the Central Bank of the Russian Federation to pass acts and (or) exercise actions (omissions) that lead or can lead to preventing, restricting, eliminating competition, except cases of passing acts and (or) exercising such actions (omissions) specified in the federal law.

[1] Based on Article 391 of the Federal Law “On Protection of Competition”

[2] By withdrawing letters: No. FS-YuSh-3/12919 of 29.05.2018 and No. FS-YuSh-3/17386 of 18.07.2018