FAS Russia explains the situation in providing refueling and aviation fuel storage services to economic entities in airports

Investigating antimonopoly cases on airports unreasonably evading contracts for aviation fuel storage with air carriers, FAS Russia established that the Ministry of Transport of the RF sent a telegram to the organizations providing aircraft services in airports, air carriers and air transportation offices to inform them about the procedures for registering new tariffs for providing aviation fuel and lubrication materials.
According to the telegram of the Ministry of Transport, tariff registration will take place under the existing registration procedures upon approving the tariffs in accord with the established rules.
FAS Russia has also found out that currently the Tariff Registration Centre of the Transport Clearing Chamber (further on referred to as the Centre) is referring to the telegram to refuse registration of new tariffs (temporary tariffs before a relevant decision of the Federal Tariff Service) for the airports that have not yet approved the new tariffs for providing aviation fuel and lubrication materials with the Federal Tariff Service.
FAS Russia believes that the telegram has an advisory nature and is not an entitling document.
Currently the Federal Tariff Service is considering materials for setting tariffs for the services of “providing aircraft refueling with aviation fuel” and “aviation fuel storage” for economic entities. Registration of the tariffs by the Tariff Registration Centre only after their approval by the Federal Tariff Service prevents suppliers of aviation fuel in airports from providing statutory services to air carriers, which can cause antimonopoly violations.
In view of the above, FAS Russia sent letters to the Russian Ministry of Transport and the Tariff Registration Centre asking to address the situation.
From the positions presented by the Ministry of Transport and the Federal Tariff Service regarding application of the tariffs for provision of aviation fuel-and-lubrication-materials and registration of contract tariffs for storage of aviation fuel, it follows that before the tariffs according to the established procedures for the services by the organizations providing refueling aviation fuel storage, it is possible to apply:
- Registered tariffs for supplies of aviation fuel-and-lubrication-materials – when refueling aircrafts with aviation fuel;
- Contract tariffs – for providing the services of aviation fuel storage.
In view of the above, the Ministry of Transport sent a telegram to the organizations involved in ground aircraft handling with the described proposals.
FAS Russia also received a letter from the Centre that that it is prepared to immediately register the above tariffs in according with the established procedures before they are approved by the Federal Tariff Service.
Another reason why providers of aviation fuel services refuse to allow economic entities (air carriers and suppliers of aviation fuel) to exercise their right to store their own fuel in airports is, according to the organizations providing the services for supplying aviation fuel, lack of the mechanisms for implementing the standards specified in the Rules for providing access to natural monopolies in airports.
FAS Russia believes that before the techniques for calculating technical capabilities of airports in aircraft refueling and aviation fuel storage are established, economic agents should be governed by the norms of the Law “On Protection of Competition”.
Therefore, all conditions are present for organizations providing refueling and aviation storage services to execute No.599 Decree of the Government of the Russian Federation.