Until the end of the year, it is allowed to change concession agreements without FAS approval. Conditions under which changes can be made to the concession.
The Federal Law, which provides for the simplification of the procedure for amending concession agreements, was adopted by the lower house of the Russian Parliament (GD RF) on 07/05/2022, approved by the upper house (SF RF) on 07/08/2022. and signed by the head of state on July 14, 2022. The last date is the date of official publication on the portal of legal acts and the date of entry into legal force in accordance with the provisions of art. 2 new laws. Federal Law received No. 333, he amends Art. 54 FZ-115 dated July 21, 2005, supplementing it with parts 3 and 4.
The new law allows temporarily, until the end of this year, to change the essential terms of concession agreements (a form of partnership between the state and private capital, in the course of the execution of the contract, state real estate is restored). At the same time, it is not required to obtain the obligatory approval of the antimonopoly authority (FAS) in accordance with Federal Law-115. The Federal Law also establishes the conditions and procedure for applying the simplified procedure for adjusting the agreement.
Conditions under which it is possible to make changes to the concession without the approval of the Federal Antimonopoly Service:
date of conclusion before 01.03.2022;
amendments to the document are due to a change in circumstances discovered during the execution, the presence of which was taken into account when concluding the agreement;
objects of communal networks are not the subject.
That is, the housing and communal services sector is not subject to the new law and the simplified procedure.
Changes are made only by agreement of the parties. However, the adjustment should not lead to a decrease in investments in the project, a change in the intended purpose of the property, an increase in prices for goods, works and services of the concessionaire, tariffs for the end user should not change. This is the main condition for amending the agreement in a simplified manner.
The Ministry of Economic Development explained the need to amend the Federal Law-115 by a significant rise in the price of building materials and the need to provide the parties to the concession to change the essential conditions of interaction more quickly. The new temporary order will allow them to be reviewed faster by 30 days, the procedure itself will become much simpler.
This is not the first measure to support concessionaires under sanctions. On June 23, Mikhail Mishustin signed Decree No. 1126, which allows concessors to change the main parameters of agreements on the construction of roads, bridges and other important facilities with the approval of the Federal Antimonopoly Service.
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