On November 20th amendments to the bill “On the establishment of the departmental security to ensure the safety of objects of the fuel and energy complex” were approved for consideration in the second reading, which in the original version caused a strong reaction of private oil companies and the security community. The amendments are published on a website of the State Duma.
Let us recall that while preparing the bill for the second reading, Deputy Lipatov offered amendments obliging all oil companies, including private ones, to take safeguarding using the departmental security service. This caused a strong indignation of security structures, as well as the companies themselves, which don’t want to overpay to the departmental security. On November 13th at the meeting of the Committee on Energy Lipatov excused himself that he was asked to amend the Ministry of Energy, and he didn’t think it would be such a reaction. The Ministry representative explained his position by the need to strengthen the safety of FEC objects, arguing vaguely, why this issue is dealt by their Ministry, not the MIA or the FSS. One of the deputies accused Lipatov that he “minds his own business”. Other deputies saw the amendments only at the meeting.
I.A.Goloshapov, the only representative of the security community, having the opportunity to speak in essence, ended his speech with the words “the proposed amendment objectively in any way will not solve the issue of ensuring the improvement of quality of security services in respect of FEC objects, and will only create the illusion of such a decision”. Other representatives of the security community were able to express their feelings at the hearing of the Public Chamber. Under the oil companies’ pressure, the deputies decided to postpone a decision on this issue and returned to it in a week, without inviting outsiders. By the way, the invited to the meeting of the Committee have received a great pleasure, and accidentally listened to the discussion of another issue on export of liquefied gas and heard that “gas is becoming an analogue of the intromodal market”, expressed the sincere anxiety about the fate of our gas export.
We should consider the most significant changes and additions to the bill, recommended to the Committee of Energy adoption.
Article 1, which implies the introduction of a new article to law №60-FZ of 13.12.1994 “On deliveries of products for Federal state needs”, in the amended version of the bill provides for the expansion of the list of objects in the field of Energy, whose security can be ensured only by the departmental security. In particular, only departmental security forces can ensure the safety of the property necessary for performance of the state contract, owned not only by the organization-owner of the United Gas Supply System (JSC “Gazprom”) and the strategic joint stock company, managing the trunk pipeline network (OJSC “AK”Transneft”), but also property belonging to their subsidiaries, as well as in those organizations, where the proportion of their voting shares is more than 50%. The changes, introduced in Article 1, suppose also to give FEC objects, property and products belonging to strategic joint stock companies and acting in the sphere of extraction and processing of hydrocarbons (JSC “NK “Rosnaft”), as well as its affiliates, that are able to influence on its activities, under the protection of the departmental security.
Article 3 of the bill, which implies the amendments to Article 8 “Protected Objects” of law №77-FZ “On the departmental security” dated 14.04.199, was also supplemented while preparing the document for the second reading. Firstly, the amendment provides that the security of FEC objects, belonging to the organization managing the grid complex of the Russian Federation (JSC “Rosseti”) is ensured by the departmental security, created by this organization itself. Secondly, the following is said: the departmental security of a strategic joint stock company acting in the sphere of extracting and processing hydrocarbons (JSC “NK “Rosnaft”), protects the FEC objects, belonging to it and its affiliates, as well as products supplied by these individuals under the state contract, and the property necessary for the performance of the state contract.
Article 4 of the bill implies granting the rights to create the departmental security by all four companies, mentioned above.
Analyzing the overall content of the text of the bill, proposed to the second reading in the State Duma, it can be noted, that private oil companies decided its questions (it is not mentioned about them anymore), but the amendments contained in the draft, infringe the interest of private security companies on the market of security services. Though not all FEC objects can be protected only by the departmental security, but the government has already made a good start for the displacement of this segment of private security companies’ services. Starting with the provision of legal opportunities to create their own departmental security organizations for such leaders of the national economy, as “Gazprom”, “Rosneft”, “Transneft”, “Rosseti”, there is no assurance, that this business will be limited. Under the pretext of public importance and strategic importance of FEC objects, private security organizations may soon forget about the security of FEC objects.
At the session of the State Duma Council the decision to appoint the consideration of the bill in the second reading on December 10th, 2013 was adopted. It’s planned to enter into force 90 days after its publication date and going through all the procedures.