UZ expanded the list of exceptional conditions that exempt customers from paying certain fees during martial law
On December 19, 2022, the Board of JSC "Ukrzaliznytsia" approved the "List of exceptional conditions that are grounds for exempting customers of services related to the organization of cargo transportation from the obligation to pay for the use of wagons, the use of wagons (containers) and fees/charges JSC "Ukrzaliznytsia" during the legal regime of martial law in Ukraine," said Valery Tkachev, deputy director of the department of commercial work of UZ, writes CTS.
It is noted that in case of delays of loaded wagons and containers regardless of their ownership, empty own wagons (containers) or leased wagons on their axles, during transportation at departure stations, on approaches to the destination station, including in "abandoned" trains or delays at stations while waiting for wagons (containers) to be delivered to the approach tracks, the presence of the carrier's wagons (containers) and the carrier's own wagons (containers) on the approach tracks, until the time of using the wagons, the use of the wagons (containers) does not include the delay time wagons (containers), which arose in the following cases.
In particular, the carrier's introduction of temporary restrictions regarding the destination station after the carrier accepts the cargo for transportation.
In this case, the time of using wagons, using wagons (containers) does not include the time from the moment of introduction of temporary restrictions to the moment of termination of such restrictions or to the moment of issuing an order to redirect cargo.
In the case of the introduction of a curfew in the territory where the departure station and/or destination station is located - the time of use of wagons, the use of wagons (containers) does not include the time of curfew at the location of the station
In the event of hostilities or temporary occupation, encirclement (blocking) by the armed formations of the Russian Federation of the territory of Ukraine, determined by the order of the Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine of April 25, 2022 No. 75 "On Approval of the List of Territorial Communities Located in the Area of Military Operations (combat) operations or which are in temporary occupation, encirclement (blockade) as of October 23, 2022", at which the departure station and/or the destination station and/or any station on the way forward is located - then until the time of using the wagons, the use of wagons (containers) does not include the time of hostilities or temporary occupation of the territory by the armed forces of the Russian Federation from the moment of entering information about a certain territory into the List and until the moment of its exclusion from the List, during which there was no actual possibility of providing services by the carrier.
If the actual opportunity to provide services by the carrier arose before changes were made to the List, fees for the use of wagons, use of wagons (containers) are charged from the moment of the actual opportunity to provide services by the carrier.
In the event that the actual lack of possibility to provide services by the carrier occurred earlier than changes were made to the List, fees for the use of wagons, use of wagons (containers) are not charged from the momentthe occurrence of the actual absence of the ability to provide services by the carrier.
In the cases specified in this paragraph, the basis for exemption from the obligation to pay a fee for the use of wagons, the use of wagons (containers) in accordance with the List of exceptional conditions and confirmation of the facts of hostilities or temporary occupation, encirclement (blocking) of the territory of Ukraine by armed formations of the Russian Federation, there is a certificate of the Chamber of Commerce and Industry of Ukraine or regional chambers of commerce and industry authorized by it.
In the event that the State Customs Service of Ukraine (or other state control bodies) makes a decision to lay off employees of certain territorial bodies, in connection with which the territorial bodies temporarily do not carry out customs and other clearance of goods at the stations of departure and destination - until the time of use of wagons, use wagons (containers) does not include time directly related to customs clearance or obtaining other permits and certificates from state control bodies.
The customer is exempted from paying for the use of wagons, the use of wagons (containers) during the existence of the above-mentioned circumstances.
The above-mentioned circumstances are certified by an act of general form GU-23.
Acts of the general form GU-23, drawn up in the case of the delay of wagons for the reasons indicated above, must contain a specific description of the circumstances that became the basis for the delay of the wagons and drawing up the Act.
In the event of the occurrence of the circumstances specified in this List of exceptional conditions, the customer does not pay the fee for cargo storage and the fee for guarding cargo that is detained at stations for reasons not dependent on the railway, provided for in clause 31.5. R. II of the Tariff Collection, for the duration of such circumstances.
In case of disputes between service customers and JSC "Ukrzaliznytsia" regarding the calculation and collection of fees for the use of wagons, the use of freight wagons (containers) and other fees/fees, including for reasons not provided for in this List of exceptional conditions, but which due to the operation of the legal regime of martial law in Ukraine, such issues are considered by the Department of Commercial Work with the participation of the branches "Transport Logistics Center" and "Unified Settlement Center of Railway Transportation".
Decisions on the specified disputed issues are formalized in a protocol.