In “Naftogaz” told about possible compensation from Gazprom in the absence of unprofitable contracts

In “Naftogaz” told about possible compensation from Gazprom in the absence of unprofitable contracts

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The company called unprofitable “almost all key provisions of the contracts Tymoshenko negotiated with Putin personally”.

Ukraine would receive a large sum of compensation from Russia for the decision of the Stockholm arbitration with respect to two contracts for the supply of gas and its transportation, if not signed by the previous government of Ukraine is unprofitable contracts and solutions.

Chief commercial officer of the group “Naftogaz of Ukraine” Yuriy Vitrenko said on his page on Facebook, which means victory in Stockholm in terms of every Ukrainian family – like, “was thrown over the debt loop 112 thousand UAH, it is completely cancelled. Now, on the contrary, Gazprom is owed 4,4 thousand UAH, and this is after 3.8 thousand UAH in the form of gas we have collected with “Gazprom”. I also explained that in this victory the contribution of Tymoshenko no.”

He notes that the gas contracts of 2009, which was signed by Yulia Tymoshenko and Vladimir Putin, “was a European only in words deceiving us, every Ukrainian family has lost more than 61 thousand UAH”.

See also:

“Naftogaz” made a public presentation on the appeal of “Gazprom”

Virtually all key provisions of the contracts Tymoshenko negotiated with Putin personally, was disadvantageous for Ukraine, says Vitrenko.

“Provision for payment of the amount of gas that Ukraine is not even received, it was recognized arbitration bonded, and does not meet the standard of European the provision of “take or pay”. But this is not the only problem of this contract. Also the price of gas was too high and did not correspond to European principles. Before Tymoshenko agreed with Putin, heads of “Naftogaz” on the basis of my and Andriy KOBOLEV of the calculations were proposed to apply these principles regarding European long-term gas supply contracts, the so-called Groningen model. The price of gas was much lower. But Tymoshenko agreed with Putin on other principles. The result – every Ukrainian family in fact overpaid “to Gazprom” for gas and 54 thousand UAH”.

The price of Russian gas for Ukraine could be lower.

“If Tymoshenko even just insisted on the strict application of the principle which was offered by Gazprom itself, namely, the “equal yield” or “netback”, the price under the contract would be significantly less. This principle means that, for Ukraine, of the price at which Gazprom sells gas to, for example, in Germany, deducted the cost of transportation from the Russian border to the German border, as Ukraine gas supplied on the border with Russia. We demanded arbitration to apply this principle when reviewing rates. Unfortunately, in the contract, this principle is not directly reflected, and arbitration our reference to the fact that “Gazprom” itself suggested this principle, was not enough. The maximum that we were able to use this reference in the contract about the level of prices in Europe. Therefore, the arbitration has reduced the price under the contract directly to the German level, without deducting transportation costs from Russia to Germany. Due to the fact that Tymoshenko agreed with Putin about the price even higher than offered by Gazprom itself, each Ukrainian family lost more than 31 thousand UAH. This is even considering the fact that we could save for every Ukrainian family 3.3 thousand UAH at the expense of winning in arbitration on the revision of contract prices”.

It was possible to receive from Gazprom? In previous post I explained what it means to win in Stockholm in…

Published Yuri Vitrenko 18 Jun 2018

Vitrenko said that there are many disadvantageous to Ukraine items in the contract for the transportation of Russian gas by Gazprom to Europe via the territory of Ukraine.

“For example, in it, in contrast to all European contracts, not based on the principle “pump or pay”, when “Gazprom” should pay for a transit fare for a certain volume of gas even if it is the gas pump for transit. And this despite the fact that Tymoshenko agreed with Putin about the onerous position of “take or pay” contract for gas supply. That is, when it is beneficial to Russia, but for Ukraine it can result in huge losses, she agrees, and when beneficial for Ukraine, no? Is it fair?”, – said Vitrenko.

Arbitration in the first place was based on a signed contract.

“To depart from it, needed a “concrete” arguments from all points of view that has not always been possible. For example, under the transit contract, we can demand only reimbursement of actually incurred losses. If we in the transit contract were laid down such a principle “pump or pay”, then we would have to receive additional compensation in the arbitration in the amount of 7.4 thousand UAH for every Ukrainian family. Add these to 7.4 thousand UAH of losses under the transit contract to 54 thousand UAH losses from the supply contract – get more than 61 thousand UAH which in fact lost every Ukrainian family”, – said Vitrenko.

A disadvantage was the so-called Kharkiv agreements.

“We could have won “Gazprom” more money and if not the agreement, Yanukovych-Putin, namely the “Kharkiv agreements”. If, then, Yanukovych, or even Firtash-Boyko-Lyovochkin, who, most likely, this was done, normally would have issued a lease of the base of the Russian fleet in Sevastopol, the arbitration on the gas supply contract we would have won an additional nearly 20 thousand UAH for every Ukrainian family. Because in fact is a normal feature of the subscription for the rent, it was framed as a discount on gas. The “Gazprom” have just revised the price to the European level. We proved in arbitration that “Gazprom” had to do it without any “leases” and “Kharkiv agreements”. If the reduction of fees for gas were formed as the advance payment transfer for the lease, the arbitration for the calculation of overpayments in relation to the European price would use a full price contract and we would have received compensation for 2010-2014. By the way, because Russia is now using the Sevastopol base for its fleet, it would be possible to deduct the advance payment for the rent,” wrote Vitrenko.

See also:

In the “Naftogaz” explained freeze the execution of the decision against “Gazprom”

In “Naftogaz” reminded, as “Gazprom” formally agreed on the reduction of the minimum transit volumes in 2011.

“From these volumes depends on the calculation of damages, which was to reimburse Gazprom. If such agreement existed, we would have received in arbitration award 238 UAH more in terms of for every Ukrainian family. One stroke of the pen the then leadership of “Naftogaz”, the coordination of decline, which no one even spoke, and as a result “Gazprom” pays less. And respectively, Ukrainians earn less,” – said Vitrenko.

Chief commercial officer stressed that “even this amount is relatively small compared to other amounts provided above, at times more than the amount of premiums that were paid officially to the team that defeated “Gazprom” in Stockholm, and everyone has been talking about”.

We will remind, on February 28, 2018 the Stockholm arbitration has obliged “Gazprom” to pay “Naftogaz” more than 4.6 billion U.S. dollars for the undelivered volumes of gas for transit under bilateral agreements. Earlier, the court reaffirmed the debt of Ukrainian companies for the supply of gas amounting to two billion US dollars. In the end, the results of two arbitration of disputes between companies regarding the supply and transit of gas “Gazprom” should pay the NAC of 2.56 billion dollars, and also a penalty. March 21, Gazprom has also appealed the arbitration decision in a contract for the supply of gas.

Also in early March , Gazprom warned early termination of bilateral agreements with the Ukrainian side.

5 June “Naftogaz of Ukraine” reported that the court arrested the assets of the Russian company “Gazprom”, which are located in the Netherlands.

Videosu in the Netherlands froze the assets of Russian “Gazprom” under the claim of “Naftogaz”

This is the official website of the company. Thus, Naftogaz is trying to recover from the Russians the money they owe by the decision of the Stockholm arbitration Tribunal for violation of the terms of the contract. Two billion dollars with more than 4.5 managed to pick up automatically be considered as payment for the gas. But the rest have to kick in the courts for the arrest of Russian assets.

TSN. 16:45

5 Jun, 17:21

 

  • Gazprom
  • arbitration
  • Naftogaz
  • Vitrenko

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