The RF Government decree of February 16, 2019 No. 157 "About approval of Rules of preparation and decision on the establishment of a seaport" published on the official portal of legal information. The document was adopted in the development of changes made in 2017 in the Federal law "On sea ports in Russia", the correspondent of Fishnews.
According to the rules, ports are created on the basis of the Scheme of territorial planning of the Russian Federation in the field of Federal transport.
When you can create a seaport? This requires a combination of four conditions. The first is the construction of the infrastructure of the port, together forming at least two marine terminal. Second – the distance of port infrastructure from the nearest port should be at least 300 km; the availability of these facilities from the nearest seaport for motor vehicles is difficult. The third project turnover plan to the construction of infrastructure shall be not less than 5 million tons per year. Fourth – the planned duration of functioning infrastructure must be at least 25 years.
An exception is made for regions of the far North and equated localities, as well as for initiatives in respect of which the Governmental Commission on transport issued a positive decision on the feasibility of establishing a sea port. In these cases, binding only the fourth condition.
Who can initiate the creation of a seaport? Federal Executive authorities, regional government, local authorities and physical and legal entities with projects on construction of infrastructure facilities of sea port.
The proposal to establish a seaport should be addressed to the Federal Agency of Maritime and river transport (Rosmorrechflot).
What documents should be attached to the proposal to create a seaport?
First, information about the initiator of a sea port. For authorities and legal entities: the full and (if available) abbreviated name, address, e-mail. For individuals: name, address, e-mail.
Second (only for sole proprietors or legal entities), a copy of the certificate on state registration.
Thirdly, the information confirming compliance of information about the seaport and the planned construction of a marine terminal information specified in the text of the Scheme of territorial planning of the Russian Federation in the field of Federal transport.
Fourth, data on coordination with Rosmorrechflot petition (Declaration) of intent to invest in construction of objects of infrastructure of sea port.
Fifth, the schematic map displaying the location of the sea port in the area.
Sixth, the rationale for a sea port to meet the above requirements.
Seventh, information about the sources of financing the construction of infrastructure facilities of the sea port. If you intend to create in the port of checkpoint across the state border data on the sources of financing of such a facility.
How is further co-ordination? The decision on the feasibility of establishing a sea port Rosmorrechflot accepts after checking the documents attached to the proposal for a port. The check date is not more than 15 working days.
In the event of incompleteness of submitted materials Rosmorrechflot makes a decision on the refusal to consider them. In case of discrepancy of the proposal to establish a port of the above criteria, the Federal Agency makes a decision on inexpediency of a sea port. In both cases, a reasoned decision must be sent to the initiator within 3 business days.
In the case of a positive decision, Rosmorrechflot no later than 3 working days gives a conclusion to the Ministry of transport. In turn, the Ministry of transport within 10 working days to prepare a draft act of the Government of the Russian Federation and forward it for approval to the Ministry of economic development, the Ministry of Finance and the Supreme Executive body of state power of the region in whose territory is supposed to create the port. After agreeing on a draft act introduced by the transport Ministry in the government. According to article 6 of the law "On sea ports...", the decision on the establishment of a seaport is made by the government.
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