Ukrzaliznytsia insists that took into account the recommendations of the Antimonopoly Committee in the contracts
JSC "Ukrzaliznytsya" in the new edition of the agreement takes into account the recommendations of the Antimonopoly Committee of Ukraine (AMCU) from 26.03.2020 No. 9-RK, and the statements of the relevant unions on this matter are biased and inconsistent, said message on the website of the company.
the Railroad workers not only took into account the recommendations of the AMC, but also market participants, the company said, adding that keeping the terms that exist in 2018 and do not contradict the Antimonopoly legislation, in particular:
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- accounting for the additional time (Tdod) in the formula for determining the amount of payment for the use of their own car carrier in the transportation process. He is part of the total calculation time, which is paid for the use of the car during transport, according to the normative terms of delivery of goods in certain types of cars. But other owners of cars expect to pay for the actual time, which mostly exceeds the estimated time of JSC "Ukrzaliznytsya" and therefore all risks associated with delays of wagons while driving, laying in cargo. the
- rounding partial days up to full when paid time is calculated using its own stock of JSC "Ukrzaliznytsya" in the provision of services in the transportation, in accordance with the Rules of calculation of terms of delivery of the goods.
the text of the agreement on provision of services on organization of transportation of goods by rail can be found here. According to "Ukrzaliznytsia", it takes into account most of the comments and suggestions of customers services and the recommendations of the AMC. Observed legal norm on the establishment of equal conditions for all users of railway transport services.
"the Current market situation indicates a loss of the monopoly position of JSC "Ukrzaliznytsya" on the market of cars. Own fleet of cars of the company already accounts for about 50% of the total number on the market (some are less than 35%). Thus, market conditions indicate that it is competitive, and the customer has the right of free choice of service provider for supply of wagons. Neither the incumbent nor the new contracts do not impose on the customer service use of cars of ownership of JSC "Ukrzaliznytsya", which customers can choose on a purely voluntary conditions," the company said.
Previously coalsalesthat in the opinion of the Association of metallurgical enterprises Ukrmetallurgprom and other industrial associations in the country, "uz" formally reacted to the recommendations of the Antimonopoly Committee of Ukraine (AMCU) conducted simulations of the discussion comments of customers and introducing some minor changes to the contract.
Association stated that the situation with the draft of the contract on rendering services on organization of transportation of goods by rail has not changed. Required to consider the recommendations of the AMC, according to the final edition of the Treaty "Ukrzaliznytsya" is not fulfilled, said Ukrmetallurgprom.
pismato the head of AMKU Yury Terentyev, metallurgists have drawn attention to the fact that the Railways, being a natural monopoly, can define the conditions of circulation of goods on the market for the use of wagons and directly determines the possibility of the admission of cars of other market participants to their infrastructure, and hence has significant market power and the ability to influence the car market at the stage of conclusion of the contract between the operator of the train and the railway.