National joint stock company «Naftogaz of Ukraine» expects at the beginning of 2017 the decision of the Stockholm arbitration claim against the Russian «Gazprom» in terms of reviewing the contract for the transit of Russian gas through Ukraine, then it will be possible to unlock a virtual reverse of gas, which the Ukrainian side is seeking from 2014.
About this on his page in Facebook said the Director for business development at Naftogaz Yury Vitrenko, commenting adopted on 4 February the Verkhovna Rada of the law about virtual reverse gas.
«Gazprom» persistently blocks … virtual reverse, refusing to provide us with the so-called pairs of shipper codes. In other words, refuses to provide us the necessary information to make the transition to European rules of relations between the gas transportation operators of Ukraine and Slovakia, Romania, Hungary and Poland. But we put up with it not going. We have already filed against Gazprom, a lawsuit in the Stockholm arbitration. Expect a decision early next year. Parallel to insist on negotiating this issue with the involvement of the European Commission,» wrote Vitrenko.
«Yes, for Russia the virtual reverse on the border of Ukraine and the European Union is the final collapse of the policy of isolation of the individual markets to ensure that the gas can be used as a political weapon or just banal to abuse its monopoly position on these markets», — said Vitrenko.
According to the Manager of «Naftogaz», unlocking of a virtual reverse for Ukraine will increase the capacity for delivery of gas from Europe more than tripled, up to 60-70 billion cubic meters per year to 20 bcm per year.
«That is, if us gas market Evprope associated pair of paths, last year we built a new road with one bar, the virtual reverse unlocks for us the four», — explained the importance of the adopted by Parliament law Vitrenko.
In turn, the head of the Antimonopoly Committee of Ukraine (AMCU) Yury Terentyev said that the lawsuit in the Stockholm arbitration do not preclude the issuing of penalty AMCU Russian gas monopoly Gazprom for abuse of its position in $ 85,97 bn.
«The Arbitration Institute of the Stockholm chamber of Commerce dispute between parties to the contract do not exclude or contradict the implementation of the Antimonopoly Committee provided for in article 7 of the law of Ukraine «On the Antimonopoly Committee of Ukraine» powers,» Terentyev wrote on his page in Facebook.
He also added that according to the contract between «Naftogaz of Ukraine» and «Gazprom», its subject is the service of transit of natural gas through the territory of Ukraine. «Naftogaz of Ukraine» is the executor, and «Gazprom» — the customer specified services on a fee basis, i.e. the parties act as market participants — the buyer and the seller and subject to the jurisdiction of the AMC.
The amount of the fine, according to the report, was increased, compared to the baseline, because of the reluctance of the Russian monopolist to cooperate. «Given the existence of aggravating circumstances, namely, that «Gazprom» has not cooperated with the Committee, the violation was continuous, and not terminated, the basic amount of the fine was increased by 30 percent,» wrote the head of the AMC. The final amount of the fine is 85,97 billion hryvnias. To pay a fine Gazprom is obliged within two months from the date of receipt of the decision imposing the fine, or appeal it in court in the same term.
Also in the message it is specified that «Gazprom» is obliged to terminate specified in the AMC regulation violations. «Besides, «Gazprom» within two months to stop the violation. For the implementation of this decision, the defendant may use any lawful method, including, negotiations with NAK «Naftogaz of Ukraine», the results of which should be set reasonable conditions for the acquisition and implementation of services on transit of natural gas through the territory of Ukraine,» Terentyev wrote.
As reported, «Gazprom» to 9 October 2016 must submit to the Stockholm arbitration court a response on the claim to «Naftogaz of Ukraine», the Ukrainian energy company filed in 2015, seeking to amend the gas contracts from 2009.
In October 2014, the NAC «Naftogaz of Ukraine» appealed to the Stockholm arbitration to revise the contract for the transit of gas from Russia’s Gazprom and compensation for insufficient of funds for the volume of its pumping through Ukraine.
In June 2014, the company «Naftogaz of Ukraine» filed a lawsuit against Russian gas monopoly Gazprom in the Arbitration Institute at the chamber of Commerce of Stockholm. In addition to revising the price of Russian gas, which rose sharply from the second quarter of 2014 more than a third to $ 485 per thousand cubic meters, in the statement of claim «Naftogaz» requires «Gazprom» to return $ 6 billion., which the Ukrainian company has overpaid since 2010.
Ukraine wants to revise the provisions of the gas contract with «Gazprom» from 2009.
At the end of may 2015 the Prime Minister of Ukraine Arseniy Yatsenyuk appealed to AMCU to initiate an investigation against Gazprom, as his actions in the Ukrainian market harm the Ukrainian economy and the company «operates in a discriminatory, being non-competitive conditions.»
The Antimonopoly Committee December 24, 2015 recognized Gazprom’s monopolist of natural gas transit through the territory of Ukraine and hoped to meet with representatives of the company and to provide them with evidence of their abuse of a monopoly position in Ukraine.
22 January 2016, the Antimonopoly Committee put Russian gas monopoly Gazprom the penalty at 85,97 billion UAH for abuse of a monopoly position in the domestic market of transit of gas.
January 19, 2016 Ukraine unilaterally raised for the company «Gazprom», the cost of transit of Russian gas to the EU by 50%. The rate rose to 4.5 million. for every 100 km According to the Minister of energy and coal industry of Ukraine Vladimir Demchishin, Ukraine from the beginning of 2016 has completely changed the approach to the transit of Russian gas to the EU by setting tariffs for entry and exit from the transmission system. But Ukraine prior to the conclusion of a new Treaty will be to carry out the transit of Russian gas at the old rates without considering the increase of its value.
«Naftogaz» expects the decision of the Stockholm arbitration in the beginning of 2017. AMC: but the fine of the Russian Federation still has to pay 05.02.2016