RESOLUTION OF THE MINISTRY OF ANTI-MONOPOLY REGULATION AND TRADE OF THE REPUBLIC OF BELARUS

of July 9, 2021 No. 51

About change of the resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of December 3, 2020 No. 82

Based on subitem 2.1 of Item 2 of the Presidential decree of the Republic of Belarus of February 25, 2011 "About some questions of price regulation (rates) in the Republic of Belarus" the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES: No. 72

1. Bring in the resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of December 3, 2020 No. 82 "About rates for transportations of passengers, baggage and cargo baggage by rail" the following changes:

to be reworded as follows appendices 1-23 to this resolution (are applied);

in the Instruction about procedure for establishment and application of rates for transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines approved by this resolution:

state Item 1 in following edition:

"1. This Instruction determines procedure for establishment and application of rates for transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines and is obligatory for carriers of passengers, baggage and cargo baggage railway transport public on city, regional and interregional lines.";

add the Instruction with Item 1-1 of the following content:

"1-1. For the purposes of this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus of January 6, 1999 No. 237-Z "About rail transport", the Law of the Republic of Belarus of May 10, 1999 No. 255-Z "About pricing", the Rules of transportations of passengers, baggage and cargo baggage by railway transport public approved by the resolution of Council of Ministers of the Republic of Belarus of July 17, 2015 No. 609, and also the following terms and their determinations are applied:

the competing mode of transport – road transport in the regular message;

regulating authority – state body to which according to the legislation functions of regulation of rates for transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines are assigned;

planning period of regulation – the period (as a rule, following after the current calendar year) in which forecast rates for transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines will be applied;

forecast rates – rates for the transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines offered to establishment in planning period of regulation;

current period of regulation – the period (as a rule, the current calendar year) in which applicable fares on transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines are applied.";

"the organizations of the Belarusian railroad" to exclude from item 4 of the word;

in part two of Item 5 of the word "The Belarusian railroad" shall be replaced with words "national association" the Belarusian railroad" (further – the Belarusian railroad)";

"the organizations of the Belarusian railroad" to exclude from Item 7 of the word;

in Item 26 part three to replace figure "7" with figure "6";

add Item 34 with figure "1";

add the Instruction with Chapter 7 of the following content:

"Chapter 7. Procedure (criteria and frequency) for review of rates for transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines

35. The rates specified in appendices 1-23 to the resolution which approved this Instruction are subject to revision annually for the purpose of compensation to carrier of part of economically reasonable costs connected with implementation of transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines.

Taking into account the developing social and economic situation in the republic regulating authority other frequency of review of rates for transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines in current period of regulation, including based on appeals of national (common network) carrier can be determined.

Rates for transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines are reviewed based on the analysis of dynamics of change of level of payback of such transportations and dynamics of change in value of transportations by the competing mode of transport.

36. Cost (the amount of economically reasonable expenses and costs) of services in transportation of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines in planning period of regulation is determined by national (common network) carrier proceeding from the accepted accounting policy, and also taking into account regulations of the Regulations on procedure for planning and calculation of expenses (costs) for rendering the services of rail transport public rendered with use of infrastructure of the rail transport public, rail haulings approved by the resolution of the Ministry of Transport and Communications of the Republic of Belarus of May 18, 2020 No. 20.

37. The Belarusian railroad till October 1 of current period of regulation represents to regulating authority:

offers on change of rates for transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines in planning period of regulation;

information on structure, size and expense structure on transportations by railway transport public according to the reporting in 9 months of current period of regulation (assessment) and assessment following the results of current period of regulation (assessment for the whole year);

information on structure, size and expense structure on transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines by types of messages in 9 months of current period of regulation (assessment) and assessment following the results of current period of regulation (assessment for the whole year);

information on the planned change of the income of the Belarusian railroad in case of change of rates for transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines in the offered sizes;

assessment of the main financial performance of activities of the Belarusian railroad following the results of current period of regulation and forecast period of regulation on condition of preserving the operating price level on transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines;

information on purchase of new railway vehicles by the Belarusian railroad in natural and value term and its use for transportations of passengers, baggage and cargo baggage in 9 months of current period of regulation (assessment) and assessment following the results of current period of regulation (assessment for the whole year);

information on expense amount on repair of the railway vehicles used for transportations of passengers, baggage and cargo baggage in 9 months of current period of regulation (assessment) and assessment following the results of current period of regulation (assessment for the whole year);

information on expense amount on development and upgrade of infrastructure in 9 months of current period of regulation (assessment) and assessment following the results of current period of regulation (assessment for the whole year);

the actual economic effect of implementation of actions on cost optimization in 9 months of current period of regulation (assessment) and assessment following the results of current period of regulation (assessment for the whole year);

information on structure and cost of fixed assets on the main activities of the Belarusian railroad in the period preceding current period of regulation and current period of regulation;

information on amount of transportations of passengers by railway transport public within the Republic of Belarus by message types in planning period of regulation in 9 months of current period of regulation (assessment), assessment following the results of current period of regulation (assessment for the whole year), the forecast for planning period of regulation (the forecast for the whole year);

information on compensation share the income of expenses on transportations of passengers by railway transport public within the Republic of Belarus by message types for the period, preceding current period of regulation, in 9 months of current period of regulation (assessment), assessment following the results of current period of regulation (assessment for the whole year).

Information and data specified in part one of this Item are represented by the Belarusian railroad to regulating authority with the explanatory note, the corresponding calculations and supporting documents.

The regulating authority has the right to request other information necessary for calculation of forecast rates for transportations of passengers, baggage and cargo baggage by railway transport public on city, regional and interregional lines.

38. Calculation of indexes of change of rates for transportations of passengers by railway transport public on city, regional and interregional lines is carried out, as a rule, by two methods:

38.1. method of not decrease in payback of transportations by railway transport.

The index of change of rates for transportations of passengers by railway transport public by message types in planning period of regulation is calculated by formula

where It1 j – index of change of rates for transportations of passengers by railway transport public in j-m message type in planning period of regulation proceeding from method of not decrease in payback of transportations by railway transport;

– average forecast rate for transportations of passengers in j-m message type in planning period of regulation, rub;

– average actual rate for transportations of passengers in j-m message type in current period of regulation, rub.

The average forecast rate for transportations of passengers by railway transport public on city, regional and interregional lines shall provide not decrease in payback of passenger traffic on rail transport in comparison with current period of regulation and is calculated by formula

where Pj пр – forecast expenses of national (common network) carrier on transportations of passengers by railway transport public within the Republic of Belarus in j-m message type in planning period of regulation, rub;

kj ф – compensation share the income of expenses on transportations of passengers by railway transport public within the Republic of Belarus in the j-m message type for the period preceding calculation;

Alj пр – the predicted amount of transportations of passengers by railway transport public within the Republic of Belarus in j-m message type in planning period of regulation, grazed. - km.

Forecast expenses of national (common network) carrier on transportations of passengers by railway transport public within the Republic of Belarus in j-m message type in planning period of regulation are calculated by formula

where ZPJ ф – expenses on compensation of national (common network) carrier on transportations of passengers by railway transport public within the Republic of Belarus in j-m message type in current period of regulation, rub;

Izp – growth rate of the nominal added average monthly salary on the republic;

Mj ф – expenses and costs for materials for transportations of passengers by railway transport public within the Republic of Belarus in j-m message type in current period of regulation, rub;

Ippp – price increasing index of producers of industrial output;

Tj ф – expenses on fuel on transportations of passengers by railway transport public within the Republic of Belarus in j-m message type in current period of regulation, rub;

It – fuel change in value index;

Ej ф – expenses on the electric power on transportations of passengers by railway transport public within the Republic of Belarus in j-m message type in current period of regulation, rub;

Ie – index of change of electricity tariffs;

IIV – index of change of annual average Belarusian ruble exchange rate to US dollar;

Aj п – depreciation amount in j-m message type in planning period of regulation, rub;

PRJ ф – the amount of other expenses and costs for transportations of passengers by railway transport public within the Republic of Belarus in j-m message type in current period of regulation, rub;

Ie j – the stimulating index of change of rates for transportations of passengers by railway transport public in j-m message type in planning period of regulation.

The depreciation amount in j-m message type in planning period of regulation is calculated by formula

where Pj ф – expenses of national (common network) carrier on transportations of passengers by railway transport public within the Republic of Belarus in j-m message type for current period of regulation, rub;

Pvp ф – expenses of national (common network) carrier on transportations of passengers by railway transport public within the Republic of Belarus for current period of regulation, rub;

Pp ф – expenses of national (common network) carrier on transportations of passengers by railway transport public for current period of regulation, rub;

The Russian Federation – expenses of national (common network) carrier on transportations by railway transport public for current period of regulation, rub;

– depreciation amount on n-mu to type of fixed assets in current period of regulation, rub;

kn – coefficient of change in value of n-go of type (group) of fixed assets;

m – quantity of types (groups) of fixed assets.

The stimulating index which considers efficiency of accomplishment of actions for economy of expenses of national (common network) carrier on transportations of passengers by railway transport public within the Republic of Belarus in j-m message type in current period of regulation is calculated by formula

where Pj software – expenses of national (common network) carrier on transportations of passengers by railway transport public within the Republic of Belarus in the j-m message type for the period previous current rub.

The average actual rate for transportations of passengers in j-m message type in current period of regulation is calculated by formula

where Alj ф – the actual amount of transportations of passengers by railway transport public within the Republic of Belarus in j-m message type in planning period of regulation, grazed. - km.;

38.2. method of calculation of rate proceeding from the nominal added average monthly salary of the population.

The index of change of rates for transportations of passengers by railway transport public in j-m message type in planning period of regulation is established proceeding from change of the nominal added average monthly salary of the population in general across the Republic of Belarus and calculated by formula

where It2 j – index of change of rates for transportations of passengers by railway transport public in j-m message type in planning period of regulation proceeding from change of the nominal added average monthly salary of the population;

СЗПпр – the forecast nominal added average monthly salary of the population in general across the Republic of Belarus in planning period of regulation based on balance sheet indicators of the forecast of social and economic development of the Republic of Belarus for the next year;

SZPF – the actual nominal added average monthly salary of the population in general across the Republic of Belarus in current period of regulation.

39. In case of review of the established price level on transportations of passengers by railway transport public on city, regional and interregional lines by the regulating authority analyzes rates for transportations of passengers by the competing mode of transport in the corresponding reference directions according to appendix 2 for last period.

In case of assessment of comparability of rates for transportations of passengers by railway transport public on city, regional and interregional lines and on transportations of passengers by the competing mode of transport the regulating authority recognizes that the rate for transportations of passengers by railway transport public on city, regional and interregional lines in planning period of regulation shall constitute, as a rule, no more than 80 percent from rate for transportations of passengers by the competing mode of transport in the corresponding reference directions in current period of regulation:

where Tj Prospekt – rate for transportations of passengers by railway transport public on city, regional and interregional lines in planning period of regulation in the corresponding reference directions, rub;

– the rate on the competing mode of transport which developed in current period of regulation in the corresponding reference directions, rub.

Based on information on rates for motor transportations of passengers in the regular message, and also the data received from the Belarusian railroad, the regulating authority for the purpose of comparison with the competing mode of transport analyzes rates for transportation of passengers in the most popular type or class of the car (place) in the corresponding reference direction.

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