Суд встал на сторону ПТП в споре с Росприроднадзором об экологическом состоянии порта
On 26 February 2013, the State Arbitration Court of St Petersburg and the Leningrad Region recognised as unlawful and subject to reversal the resolution issued by the Rosprirodnadzor department for the North West Federal Area fining OOO Primorskiy Trade Port (PTP, which belongs to the Novorossiysk Sea Trade Port Group (РТС: NMTP)), a source familiar with the court ruling informed Interfax.
The submission by Rosprirodnadzor instructing PTP to install additional equipment at the port was recognised as invalid by the court.
PTP confirmed to Interfax the information about the court ruling but refused to comment.
From 18 July through 7 August 2012, Rosprirodnadzor conducted an unscheduled audit of observance by PTP of the legislative requirements relating to protection of the atmosphere. On the basis of the audit results, a fine of 100 thousand roubles was imposed and an instruction issued to purchase and install special equipment for removing and disposing of exhaust gases formed when oil is poured into tankers.
PTP disagreed with the regulators’ decision and, on 28 December, filed a relevant statement of claim with the state arbitration court.
A source close to PTP informed Interfax that no environmental claims had ever previously been lodged against the port, adding that the Rosprirodnadzor requirements “to purchase an installation for removing and disposing of exhaust gases were unjustified, since no regulatory or legal act stipulates the need to build an installation at a port to clean exhaust gases formed when oil is poured into tankers”. According to the source, no port currently transshipping oil and petroleum products on the territory of Russia uses such equipment.
The NMTP Group unites the following stevedore companies: OAO Novorossiysk Sea Trade Port (parent company), OOO Primorskiy Trade Port (since 2011), OAO Novorossiysk Grain Terminal, OAO Novorossiysk Ship-Repair Works (РТС: NSRZ), OAO NMTP Fleet, OAO Novoroslesexport (РТС: NOLE), OAO IPP, OOO Baltic Stevedore Company and OOO Novorossiysk Mazut Terminal (НМТ).
The submission by Rosprirodnadzor instructing PTP to install additional equipment at the port was recognised as invalid by the court.
PTP confirmed to Interfax the information about the court ruling but refused to comment.
From 18 July through 7 August 2012, Rosprirodnadzor conducted an unscheduled audit of observance by PTP of the legislative requirements relating to protection of the atmosphere. On the basis of the audit results, a fine of 100 thousand roubles was imposed and an instruction issued to purchase and install special equipment for removing and disposing of exhaust gases formed when oil is poured into tankers.
PTP disagreed with the regulators’ decision and, on 28 December, filed a relevant statement of claim with the state arbitration court.
A source close to PTP informed Interfax that no environmental claims had ever previously been lodged against the port, adding that the Rosprirodnadzor requirements “to purchase an installation for removing and disposing of exhaust gases were unjustified, since no regulatory or legal act stipulates the need to build an installation at a port to clean exhaust gases formed when oil is poured into tankers”. According to the source, no port currently transshipping oil and petroleum products on the territory of Russia uses such equipment.
The NMTP Group unites the following stevedore companies: OAO Novorossiysk Sea Trade Port (parent company), OOO Primorskiy Trade Port (since 2011), OAO Novorossiysk Grain Terminal, OAO Novorossiysk Ship-Repair Works (РТС: NSRZ), OAO NMTP Fleet, OAO Novoroslesexport (РТС: NOLE), OAO IPP, OOO Baltic Stevedore Company and OOO Novorossiysk Mazut Terminal (НМТ).