WWW.THESES.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Theses, dissertations, documentation
 
<< HOME
CONTACTS



Pages:     | 1 |   ...   | 16 | 17 || 19 | 20 |   ...   | 22 |

«COMPILATION OF THE RESPONSES TO THE UNCTAD QUESTIONNAIRE Part I: Public Monopolies, Concessions and Competition Law and Policies COMPILATION OF THE ...»

-- [ Page 18 ] --

3. ¿Se han tomado en cuenta las consideraciones relativas a la competencia en el otorgamiento de concesiones? ¿Qué nuevas consideraciones o cuestiones se han planteado como consecuencia de las concesiones otorgadas en el país?

¿Se ha dado a los concesionarios protección especial con respecto al abuso de posición de dominio, la entrada o el control de los precios al otorgárseles una concesión?

Se presento un incidente de competencia en el caso de la concesión estatal para operar loterías electrónicas que fue llevada ante la Suprema Corte de Justicia, quien apoyándose en la disposición constitucional de que solo se permiten monopolios en beneficio del Estado, permitió el establecimiento de otra operadora de loterías electrónicas

4. ¿Qué sectores de la economía están exentos de la aplicación del derecho sobre la competencia? ¿Qué sectores o qué tipo de concesiones son objeto de una reglamentación específica? ¿Las concesiones están sujetas al derecho nacional sobre la competencia?

Los sectores financieros, las telecomunicaciones y las concesiones del sector eléctrico/energético están reguladas por leyes especiales con disposiciones de competencia y bajo la supervisión de una superintendencia sectorial.

La ley de competencia prevé que todas las concesiones y licitaciones se ajusten a las disposiciones legales de competencia.

5. ¿Hay pruebas de que las concesiones hayan aportado beneficios a los consumidores del país en términos de infraestructura, diversificación, calidad, precios o bienestar general del consumidor?

Información no disponible.

Russia

1. How many and what type of concessions have been granted in your country?

What is the typical/average duration of a concession?

Currently in the Russian Federation there are implemented concessions in the sphere of road building – construction of new gate to the Moscow ring road from the federal road M-1 “Belarus” Moscow-Minsk, construction of high way Moscow-SaintPetersburg from 15th km to 58th km, construction of Orel tunnel in Saint-Petersburg connecting two banks of Neva river. The medium duration of concessions is 3-5 years.

There are some attempts in a number of regions of the Russian Federation to use the concession mechanism to attract investments to the sphere of public utilities (for instance, in Kaliningrad property of Municipal Unitary Undertaking (MUU) “Kaliningrdteploset” and MUU “Chistota” were granted as concession).

The scheme close to classic concession is widely implemented in the public utilities:

investor (or operator on behalf of the investor) to ensure payback and return on investment concludes with the state or local authorities the contract of long-term tenancy (for a period of 5-15 years with investing) on electric, heat and water-supply networks. After that the investor’s company runs the maintenance of public utilities infrastructure, sells public utilities resources and services to consumers. The rented property can be improved, and given to the ownership of the renter after return on investment.

2. What were the modalities for creating a concession (Public offering/tender, decree, etc.)? Is there a law in your country for the granting/termination of concessions? Are there provisions in concession agreements which allow the government to terminate the concession?

The procedure on making concessions is set forth by the Federal Law of 21.07.2005 №115-FZ «On Concessions» (hereinafter referred to as the Law). According to this procedure the party granting concession (the Russian Federation, region of the

Russian Federation, municipal authority) owning the object for the concession (like:

roads, waterworks, objects on production, delivery and distribution of power and heat energy, systems of public utilities, including objects of water-, heat-, gas- and power supply, water drain) holds a tender on a right to conclude the concession basing on the decision of the owner on concluding such a concession (the Government of the Russian Federation, state and local authorities). The winner of the tender is the one who offered the best terms. Concessions are concluded in the written form with the winner should he submit all the documents envisaged by the tender documentation and confirming the fulfillment of commitments under concession. The concession enters into force from the moment of its signature.

Concessionaires, including foreign legal persons, are guaranteed with equal rights set forth by the Russian legislation, legal regime of activity excluding discriminatory actions and other actions preventing concessionaires from freely managing of the investments and the products and income gained as a result of an activity envisaged by the concession. The Law also envisaged other guarantees to concessionaires.

The period of validity of the concession is set by the concession itself taking into consideration the period of creation and (or) reconstruction of the object of concession, scope of investments into creation and (or) reconstruction of this object and period of return on investment, other commitments of the concessionaire under concession. The concession may be changed under the agreement of all its parties.

The terms of concession determined under the decision on conclusion of concession and tender proposal, can not be changed by the agreement of the parties, except for a case when during the period of validity of a concession the new regulations worsening the position of the concessionaire (he is deprived of what he had a right on under conclusion of a concession) come into force. The Parties to the concession change the terms of the concession in order to ensure property interests of the concessionaire that existed on the day of its signature. The order of introducing such changes is set forth by the concession itself.





Thus, the Law does not envisage provisions that may terminate concession unilaterally or that may worsen the terms of concession. Generally the scheme of concession is the following: the private investor builds an object, places it under the state ownership and returns the investments thanks to maintenance.

3. Were competition concerns taken into account at the time of granting a concession? What are the competition concerns or issues that have arose from concessions in your country? Was special protection in regard to dominance, entry or price control granted to concessionaires at the time of granting a concession?

The FAS Russia controls over observance of antimonopoly requirements to the auctions under conducting tenders for a right to conclude concessions, moreover it suppresses the monopolistic activity and unfair competition on the product markets.

Currently the threats to competition development as a result of concession granting on the product markets are absent due to the relatively low spreading of concessions. The issues of the special position of the concessionaire on the market, including dominance, entry to market, are presently being discussed. With regard to price (tariff) control they are regulated by the recent amendments to the Law: if the concessionaire sells its services on regulated prices and tariffs than state (local authority) should take into account the investments of the concessionaire into creation or reconstruction of the object. Concessionaires can avoid the concession payment given the concession terms provide for the concession granter taking upon himself part of expenses on creation and (or) reconstruction, maintenance of the object of concession.

4. Which sectors from your economy are exempted from competition law? Which sectors or what type of concessions are under a specific regulatory oversight?

Are concessions subject to the national competition law?

According to the part 1 of the Article 2 of the Law “On Protection of Competition” the antimonopoly legislation is based on the Constitution of the Russian Federation and Civil Code of the Russian Federation and does not envisage sectors of economy exempted from this law and from setting special regimes of regulations. Concessions also fall under the competition legislation.

5. Is there evidence in your country that concessions have brought about benefits for consumers in terms of greater infrastructure, diversification, higher quality, better prices; overall consumer welfare?

Taking into consideration the fact that concession mechanisms are only beginning to be used in Russia, so far there are no examples reflecting their explicit benefits. At the same time we should underline the great interest both of foreign and Russian potential investors to concession, as well as interest of state in the effective development of this type of economic activity.

Serbia

1. How many and what type of concessions have been granted in your country?

What is the typical/average duration of a concession?

There are five agreements on concessions, four in the field of mining and one in the area of infrastructure. According to The Law on Concessions, concession could be given for a period of 30 years. The existing concession agreements are given the right to exercise the exploitation for a period of 25 years.

2. What were the modalities for creating a concession (Public offering/tender, decree, etc.)? Is there a law in your country for the granting/termination of concessions? Are there provisions in concession agreements which allow the government to terminate the concession?

Concession contracts are concluded after the tender procedures are conducted. Yes, we have The Law on Concessions. Yes, there are provision in concession agreements which allow the Government to terminate the concession.

3. Were competition concerns taken into account at the time of granting a concession? What are the competition concerns or issues that have arose from concessions in your country? Was special protection in regard to dominance, entry or price control granted to concessionaires at the time of granting a concession?

All five concessions were created in accordance with the principle of free market competition, which includes the prohibition of restriction on competition between the participants and the obligation of accepting all the participants whose bids meet the conditions prescribed by The Law on Concessions. There are no competition concerns or issues that arose from concluded contracts on concessions.

4. Which sectors from your economy are exempted from competition law? Which sectors or what type of concessions are under a specific regulatory oversight?

Are concessions subject to the national competition law?

In our country, there are no exceptions other then those provided by The Competition Law (block exemptions and individual exemptions), and they are arranged in the same way as the Article 81 of the Roman Treaty. Regardless of which in certain sectors, there are separate regulatory bodies, (telecommunications, energetics, banking, financial sector) and they, as well as concessions, are not exempt from general regulations of the competition.

5. Is there evidence in your country that concessions have brought about benefits for consumers in terms of greater infrastructure, diversification, higher quality, better prices; overall consumer welfare?

No, there are no such results, until now.

Seychelles

1. How many and what type of concessions have been granted in your country?

What is the typical/average duration of a concession?

Fiscal concessions are the most common type of concessions available to companies in Seychelles. These fiscal concessions (which are basically fiscal incentives) are provided to companies in particular sectors, to generate growth and enhance

competitively. The sectors in which fiscal concessions are available are:

• The fisheries and agricultural sector under the Fisheries & Agriculture Incentive Act,

• The tourism sector under the Tourism Incentive Act

• And in the off-shoe sector under Seychelles International Trade Zone Regulations.

The average duration of a certificate to access these concession is between 5 to 10 years.

2. What were the modalities for creating a concession (Public offering/tender, decree, etc.)? Is there a law in your country for the granting/termination of concessions? Are there provisions in concession agreements which allow the government to terminate the concession?

The concessions are created by law and the law makes for provisions for the government to terminate the concessions.

3. Were competition concerns taken into account at the time of granting a concession? What are the competition concerns or issues that have arose from concessions in your country? Was special protection in regard to dominance, entry or price control granted to concessionaires at the time of granting a concession?

The concessions are purely fiscal and all licensees under the covered sectors are offered the same concessions. The competition concerns are the uncompetitive practices of businesses which occur as a result of mergers and acquisitions. Therefore, a policy regulating vertical and horizontal integration was drafted.

4. Which sectors from your economy are exempted from competition law? Which sectors or what type of concessions are under a specific regulatory oversight?

Are concessions subject to the national competition law?

Being a small island state Seychelles is categorised by a significant number of monopolies in the field of utilities, petroleum, public transport etc. As such by law, government allows monopolies to operate without competition. There is no regulatory oversight for competition in Seychelles. There are no concessions subject to competition law, since we do not have a competition law in place. By the end of March, a Fair Trade law (which is in essence a competition law will be table in Parliament.

5. Is there evidence in your country that concessions have brought about benefits for consumers in terms of greater infrastructure, diversification, higher quality, better prices; overall consumer welfare?

There are evidence that concessions have brought about benefits for the consumers.

There are better tourism infrastructures, greater choices for the consumers and in Seychelles more and higher quality service in the tourism sector is being established.

Sri Lanka

1. How many and what type of concessions have been granted in your country?



Pages:     | 1 |   ...   | 16 | 17 || 19 | 20 |   ...   | 22 |


Similar works:

«U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000 May 13, 2016 PM-602-0133 Policy Memorandum SUBJECT: Matter of L-S-M-, Adopted Decision 2016-03 (AAO Feb. 23, 2016) Purpose This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of L-S-Mas an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all U.S. Citizenship and Immigration...»

«INTERNATIONAL MONETARY FUND Conditionality in Fund-Supported Programs—Policy Issues Prepared by the Policy Development and Review Department (In consultation with other departments) Approved by Jack Boorman February 16, 2001 Contents Pg I. Introduction II. Conditionality and Ownership: General Principles and Issues A. Purposes of Conditionality B. Principles of Program Monitoring C. Monitoring Tools D. Conditionality and Ownership III. Recent Experience with Conditionality IV. Streamlining...»

«THE EUROPEAN UNION, THE UNITED STATES & ‘LIBERAL IMPERIALISM’ MICHAEL BRENNER University of Pittsburgh mbren@pitt.edu January 2006 About the Author Michael Brenner is Professor of International Affairs at the University of Pittsburgh. His published writings on Euro-American relations and American foreign policy include articles in Foreign Policy, Survival, International Affairs (London), Politique Etrangere and International Politik. He is the author of Reconcilable Differences:...»

«African African Foreign Policy Of Secretary Of State Henry Kissinger Foreign Policy Of Secretary Of State Henry Kissinger Genre can be as program segments agreed for it flows a possible thing example about able Monsieur from combination, can influence 7,500 lines that interest and can be selling a future industrialization car. In you will be, a Debt inspector should be early potent. Most nfp disputes am the other research whenever it are the worth management in keeping their job and company....»

«SEPARATING POLITICS FROM POLICY IN FCC MERGER REVIEWS: A BASIC LEGAL PRIMER OF THE “PUBLIC INTEREST” STANDARD Thomas M. Koutsky, Esq.† and Lawrence J. Spiwak, Esq.‡ I. INTRODUCTION The purpose of this article is to present a brief primer of the “public interest” standard that the Federal Communications Commission (“FCC” or “Commission”) uses in reviewing mergers pursuant to the Communications Act. As outlined more fully below, precedent dictates that the FCC has independent...»

«United States Department of the Interior June 2008 DEPARTMENT OF THE INTERIOR INTEGRATED CHARGE CARD POLICY MANUAL This page intentionally leftblank. Table of Contents, 1.2 CREDITW ORTHINESS,, Credit Scores 1.4 ROL AND RESPONSiBILITIES 1.4.5 Office of Inspector General (O–  –  – The Department of the Interior's integrated charge card for travel, purchase, and fleet is Bank of America's MasterCard. This card is specifically designed with the United States ofAmerica printed next...»

«ANALYSIS OF POLICY MANAGEMENT MODELSAND SPECIFICATION LANGUAGES Issam Aib, Nazim Agoulmine, Mauro Sergio Fonseca, Guy Pujolle LIP6 Computing Laboratory, University of Paris 6, France (name.sumame@lip6jr) Abstract: In this work, we will focus on the work undertaken in the specification of policies, the different notations developed, and how policies are deployed within a managed system. We will motivate, analyze, and classify all major existing policy notations through several criteria and try...»

«Food Security and Contested Agricultural Trade Norms Jennifer Clapp* I. Uruguay Round Agreement on Agriculture: Uneven Rules. 105 II. Doha: Expanding Policy Space for Food Security in Developing Countries? III. Recent Food Security Tensions at the WTO: Bali and Beyond. 113 IV. Conclusion Trade policy and food security are linked in complex ways. Their relationship to one another must be examined closely if we wish to understand the ways in which the international trade regime might help or...»

«Assessment & Inquiry-Based Science Education: Issues in Policy and Practice Assessment & Inquiry-Based Science Education: Issues in Policy and Practice In recent years there has been a rapid expansion of interest in inquiry-based science education (IBSE). Classroom and laboratory practices and materials which encourage students to take an active part in making sense of events and phenomena in the world around are being promoted and developed through pilot projects in countries across the globe....»

«Control of Major Accident Hazards COMAH Competent Authority Workstream Secondary and Tertiary Containment of Bulk Hazardous Liquids at COMAH Establishments (Operational Delivery Guide) the Competent Authority Control of Major Accident Hazards 1. Purpose 1.1 To ensure that operator’s adequately discharge their duty under Regulation 4 to take all measures necessary to prevent major accidents and limit their consequences to persons and the environment with regard to the measures set out in the...»

«Chapter 2 Perceptions of Policy Conceptualisations of policy vary across the field of education policy research, and sometimes even within a particular study (Ozga 1990). While understandings of policy have certainly developed and expanded over time, this is not to declare that there is a unified view on what policy ‘is’. Older ideas are not automatically supplanted by newer concepts as they emerge. Rather, a range of older and newer definitions are at work in contemporary education...»

«Electoral System Reform in Canada: Objectives, Advocacy and Implications for Governance F. Leslie Seidle Discussion Paper F|28 Family Network October 2002 Canadian Policy Research Networks Inc. (CPRN) 600 – 250 Albert Street, Ottawa, Ontario K1P 6M1 Tel: (613) 567-7500 Fax: (613) 567-7640 Web Site: http://www.cprn.org Electoral System Reform in Canada: Objectives, Advocacy and Implications for Governance By F. Leslie Seidle Prepared for the Law Commission of Canada October 2002 © 2002...»





 
<<  HOME   |    CONTACTS
2016 www.theses.xlibx.info - Theses, dissertations, documentation

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.