Russia–Ukraine gas disputes

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Natural gas pipelines from Russia to Europe

The Russia–Ukraine gas disputes refer to a number of disputes between Ukrainian oil and gas company Naftohaz Ukrainy and Russian gas supplier Gazprom over natural gas supplies, prices, and debts. The disputes have involved politicians of both countries and have threatened natural gas supplies in numerous European countries that depend on Russian natural gas transported through Ukraine. Russia provides about a quarter of the natural gas consumed in the European Union. Ukraine transports about 80% of Russian gas going to EU.[1]

A serious dispute began in March 2005 over the natural gas and transit prices. During this conflict Russia claimed Ukraine was not paying for gas, and diversing gas exported to EU from the pipelines. Ukrainian officials at first denied the accusation [2][3], but later Naftohaz Ukrainy admitted that Russian gas originally intended for other European countries was kept and used for domestic needs. The dispute culminated on January 1, 2006 when Russia cut off all gas supplies passing through Ukrainian territory.[4] On January 4, 2006 a preliminary agreement between Russia and Ukraine was achieved and the supply was restored and the situation calmed until October 2007 when new disputes over Ukrainian gas debts began. These led to the gas supplies reduction in March 2008. During the last months of 2008 relations between Russia and Ukraine again became tense when the Ukraine and Russia could not agree on the debts owed by Ukraine.[5]

In January 2009, these disagreements resulted in 18 European countries reporting major falls or cut-offs of their gas supplies from Russia transported through Ukraine.[6][7] And then again in September 2009 officials from both countries stated they felt the situation was under control and that there would be no more conflicts over the topic.[8][9], at least not till the Ukrainian 2010 presidential elections[10], but in October 2009 a disagreement about the amount of gas Ukraine would import from Russia in 2010 occurred. Ukraine intends to import less gas in 2010 because of its economic recession. Due to this fact industries require far less gas, however, Gazprom insists that Ukraine fulfil its contractual obligations.[11]

Contents

[edit] Historical background

See also: European dependence on Russian energy

After the collapse of the Soviet Union, oil import prices to Ukraine reached world market levels in 1993, but both Ukrainian gas import prices and transit fees for Russian exports to Europe were set in bilateral negotiations, below European levels to some degree.[12] At the same time Ukraine remained the main transit corridor for Russia's gas export. In 2004–2005, about 80% of Russian gas exports to the European Union were made through Ukraine.[13][14] Two-thirds of Gazprom's revenue comes from the sale of gas that crosses Ukraine.[15]

Ukraine's own annual gas consumption was in 2004–2005 around 80 billion cubic meters (bcm), of which around 20 bcm were Ukraine's own production, 36 bcm were bought from Turkmenistan, and 17 bcm were received from Russia as a payment for Russian gas transit. The remaining 6–8 bcm were purchased from Russia.[16] The gas trading system differed substantially from the gas sale to the European Union and caused problems in the form of large-scale deliveries of relatively cheap Russian gas causing increase of energy-intensive industries and supporting Ukraine's status as one of the world's least energy-efficient countries and largest gas importers; accumulation of Ukrainian debts and non-payment; unsanctioned diversion of gas and alleged theft from the transit system; and Russian pressure on Ukraine to hand over infrastructure in return for debts.[12]

Gas trading was conducted under bilateral intergovernmental agreements providing a framework for sales, transit volumes and prices and sometimes other issues such as storage and establishment of production joint ventures. Commercial agreements were negotiated between the relevant companies in the framework of intergovernmental agreements, and supplemented by annual agreements specifying exact prices and volumes for the following year. Gas sales prices and transit tariffs were set in relationship to each other.[12] Commercial agreements and trade relations have been non-transparent and trade has conducted by shady middlemen Itera, EuralTransGaz, and since 2004 by RosUkrEnergo, a company with no assets, no track record, and no transparency about its owners. According to Ukrainian Prime Minister Yulia Timochenko the company controlled by Semion Mogilevich. There are allegations that the company is controlled by Semion Mogilevich and its beneficiaries include of well-placed officials in the Russian and Ukrainian gas industries and governmental structures.[15][17] Russian Prime Minister Vladimir Putin has accused that RosUkrEnergo is owned by a business ally of the Ukraine's President Viktor Yushchenko.[18] The Ukrainian investigation into RosUkrEnergo, during Yulia Tymoshenko's previous term as Prime Minister, was closed after she was fired by Yushchenko in September 2005.[19]

According to the contract on 21 June 2002, signed between Gazprom and Naftohaz, the payment for the transfer of Russian natural gas through Ukrainian pipeline system had been made in the form of barter exchange – up to 15% of gas pumped through the Ukrainian territory was taken by Ukraine instead of payments in cash.[citation needed] This contract was supposed to be valid until the end of 2013.[citation needed] On 9 August 2004, the two companies signed an addendum to the contract, according to which the amount of gas given as a payment was calculated based on the tariff of US$1.09 for transportation of 1,000 cubic meters over a distance of 100 kilometres (62 mi) and the price of the natural gas supplied for Ukraine was $50 per 1,000 cubic meters (approximately $1.40 per million Btu).[20] The price also did not change, notwithstanding the gas prices in the European markets.[21] According to the addendum the price was not subject to changes until the end of 2009.[20] Gazprom argued that this addendum was only applicable provided that the two countries sign an annual intergovernmental protocol that has higher legal status for specifying the terms of gas transit.[22] According to Gazprom, the addendum becomes void as the annual protocol had not been signed for 2006 under the required terms.[23] Russia claimed that Gazprom's subsidies to the Ukrainian economy amounted to billions of dollars.[24]

According to the agreement of 2006, RosUkrEnergo gets more than 20 percent of the total delivered gas, which in 2007 was 15 bcm of 73 bcm.

[edit] Disputes of 1990s

The first disputes about gas debts and non-payment appeared immediately after the collapse of the Soviet Union. Because of disputes over non-payments by Ukraine, Russia suspended gas supplies several times in 1992, 1993 and 1994. This led to illicit diversions of gas from transit pipelines by Ukrainian companies and institutions in September 1993 and November 1994. These diversions of gas were acknowledged by Ukraine, while accusations of other diversions were disputed.[12] In September 1993, at a summit conference in Massandra, Crimea, Russian president Boris Yeltsin offered to Ukrainian president Leonid Kravchuk cancellation of debt in return for control of the Black Sea fleet and Ukraine's nuclear warheads. After a strong reaction from politicians in Kiev, the idea was abandoned.[12] An intergovernmental agreement was drafted on gas issues, including a clause stating that Ukraine would enable Gazprom to participate in the privatization of Ukrainian enterprises in the gas and other sectors. In March 1994, a Ukrainian deputy prime minister agreed with Russia that Gazprom could take a 51% stake in the pipeline system. In early 1995, Russia and Ukraine agreed to create a joint company Gaztransit to operate Ukraine's gas transit assets in exchange for the write-off of much of Ukraine's debts to Russia. However, none of these agreements were ever implemented and in November 1995 the Verkhovna Rada of Ukraine adopted a law prohibiting privatization of oil and gas assets.[12]

In 1998, Gazprom and Naftohaz made a contract, under which Gazprom would pay for transit with volumes of gas, with a link between gas prices and transit tariffs. However, this contract did not resolve the issue of gas debts.[12] In 1998, Gazprom alleged that Ukraine had illegally diverted gas from transit and suspended exports of oil and electricity to Ukraine in 1999. Gazprom also claimed that Ukraine's gas debt had reached $2.8 billion.[13] In 2001, then Deputy Prime Minister Oleh Dubyna acknowledged that in 2000 alone 8.7 bcm of Russian gas had been siphoned off from export pipelines.[12] The debt issue was settled on 4 October 2001, by signing intergovernmental agreement on Additional Measures Regarding the Provision of Transit of Russian Natural Gas on the Territory of Ukraine (the 2001 Transit Agreement).[13]

[edit] Dispute of 2005–2006

Main article: Russia–Ukraine gas dispute of 2005–2006
Then President of Russia Vladimir Putin at a meeting on 29 December 2005 with Alexei Kudrin (Russian Finance Minister), Viktor Khristenko (Russian Energy Minister), Alexander Medvedev (Deputy Chairman of the Gazprom board), Ivan Plachkov (Ukrainian Energy Minister) and Alexey Ivchenko (CEO of Naftohaz), in which the dispute was discussed.

In 2005, negotiations over gas price for 2006 started. Gazprom insisted a new price of about $160 per 1,000 cubic meters.[citation needed] Government of Ukraine agreed with gradual increase of prices in return for increased gas transit fees and changing the payments for transit from barter to cash.[25][verification needed] In May 2005 it was revealed that 7.8 bcm of gas which Gazprom had deposited in Ukrainian storage reservoirs during the previous winter had not been made available to the company. It remained unclear if the gas was missing, had disappeared due to technical problems, or had been stolen.[26] This issue was resolved in July 2005 by agreement between Gazprom, Naftohaz and RosUkrEnergo, according to which Naftohaz received 2.55 bcm of gas as partial settlement of the Russian gas transit over 2005 services and 5.25 bcm was sold by Gazprom to RosUkrEnergo who has to receive it from Naftohaz.[27] However, the negotiations between Gazprom and Naftohaz over a gas prices and a new gas supply agreement failed and on 1 January 2006 Gazprom started reducing the pressure in the pipelines from Russia to Ukraine.[28]

Although Russia cut off only supplies to Ukraine, a number of European countries saw a drop in their supplies.[3] The European Commissioner for Energy Andris Piebalgs as also the EU Presidency Austria and several affected member states warned that blocking of gas deliveries is unacceptable.[citation needed] Pascal Lamy, director general of the World Trade Organisation, expressed opinion that all Post-Soviet states should pay market prices for their energy needs in order to improve the efficiency of their economies.[29]

The supply was restored on 4 January 2006, after the preliminary agreement between Ukraine and Gazprom was settled.[30] The five year contract was signed, although with the prices set for six months only. According to the contract, the gas was sold not directly to Naftohaz, but to the Russian-Swiss company RosUkrEnergo. The price of natural gas sold by Gazprom to RosUkrEnergo rose to $230 per 1,000 cubic metres, which after mixing it with two thirds of cheaper supplies from Central Asia was resold to Ukraine at a price of $95 per 1,000 cubic metres.[31][32] The parties also agreed to raise the tariff for transit from US$1.09 to US$1.60 per 1,000 cubic meters per 100 km which concerns not only the transit of Russian gas to Europe but also Turkmen gas through Russia to Ukraine.[citation needed] On 11 January 2006, presidents Vladimir Putin and Viktor Yushchenko confirmed that the conflict had concluded.[citation needed]

As one possible reason of this conflict that has been mentioned is the more pro-NATO and EU approach of the new 'orange' Government of Ukraine. Russia declined this, stating the cause that they don't want to subsidize former Soviet republics.[33]

[edit] Dispute of 2007–2008

Then President of Russia Vladimir Putin and President of Ukraine Viktor Yushchenko at a meeting of the Russian–Ukrainian Intergovernmental Commission at the Kremlin on 12 February 2008, at which the gas dispute was discussed.

On 2 October 2007 Gazprom threatened to cut off gas supplies to Ukraine because unpaid debt of $1.3 billion.[34] This dispute appeared to be settled on 8 October 2007.[35] On 5 January 2008 Gazprom warned Ukraine again it will reduce its gas supplies on 11 January 2008 if a $1.5 billion gas debt would not be paid.[36] Presidents Putin and Yushchenko announced on 12 February 2008 an agreement on the gas issue.[37] Ukraine would begin paying off its debts for natural gas, consumed in November–December 2007 and the price at $179.5 will be preserved in the year 2008.[38][38] The presidents also decided to replace RosUkrEnergo and UkrGazEnergo by two new intermediaries, creating them as joint ventures of Gazprom and Naftohaz.[39]

At the end of February 2008, Gazprom threatened to reduce the supply of natural gas to Ukraine from 3 March 2008, unless the pre-payment for 2008 had been paid.[40][41] The Ukrainian government said it paid the gas bill for 2007 but still has refused to pay the bill for 2008.[42] A Gazprom spokesman claimed that 1.9 bcm of gas deliveries worth about $600 million still wasn't paid. Ukraine disagrees with a debt that accumulated in recent months when Russia used its own gas to make up for a shortfall in less expensive Central Asian gas.[43] On 3 March 2008 Gazprom cut its shipments to Ukraine by 25% (a day later with another 25%), claiming that the $1.5 billion debt still was not paid, although Ukrainian officials stated it had been paid.[44] Gas supplies were restored 5 March 2008 after Gazprom CEO Alexei Miller and Naftohaz CEO Oleh Dubyna agreed during negotiations by phone on a settlement to the crisis with gas supplies to Ukraine. On 6 March 2008 the Ukrainian cabinet refused to execute the gas agreements done by presidents Yushchenko and Putin. The government did not want to pay in advance for 2008 and it opposed the creation of a Naftohaz–Gazprom venture that would sell gas in Ukraine.[45] Prime Minister Yulia Tymoshenko stated that Ukraine did not need any additional newly created joint ventures, and as of 1 March 2008, UkrGazEnergo is no longer operating on Ukraine's domestic gas market.[46]

[edit] Dispute of 2008–2009

Main article: 2009 Russia–Ukraine gas dispute
Vladimir Putin and Viktor Yushchenko (12 February 2008)

The gas crisis of 2009 began with a failure to reach an agreement on gas prices and supplies for 2009. Ukraine owed a debt of $2.4 billion to Gazprom for consumed gas, and Gazprom asked this amount be repaid before the commencement of a new supply contract.[47] Although in December 2008 more than $1 billion was paid by Ukraine to reduce its debt, Gazprom remained committed to cut supplies to Ukraine on 1 January 2009, if Ukraine did not redeem its $1.67 billion debt for gas supplies and $450 million in fines.[48][49][50] On 30 December 2008, Naftohaz paid $1.522 billion,[51] but parties were not able to agree the price for 2009. Ukraine proposed a price of $201 and later $235, while Gazprom demanded $250 per 1,000 cubic meters.[52] Negotiations between Gazprom and Naftohaz were interrupted on 31 December 2008.[53]

Deliveries of 90 million cubic meters of natural gas per day, destined for Ukraine, were cut off in full on 1 January 2009 at 10:00 MSK. Transit deliveries to the EU continued at a volume of 300 million cubic meters per day.[54] President Yushchenko sent a letter to President of the European Commission Jose Manuel Barroso proposing the European Union's involvement in the settlement of the dispute.[55] A Ukrainian delegation including Fuel and Energy Minister Yuriy Prodan, Deputy Foreign Minister Konstantin Yeliseyev, President's representative for energy issues Bohdan Sokolovsky, and Deputy Head of Naftohaz Vadym Chuprun visited Czech Republic as the EU Presidency and a number of the EU other member states in the first week of 2009 to hold consultations on the gas crisis.[56][57]

On 2 January 2009 Hungary, Romania and Poland reported that pressure in their pipelines had dropped. Bulgaria also reported that supply was falling and that transit to Turkey, Greece and Republic of Macedonia was affected.[58][59][60] On 4 January 2009 lawsuits were filed both by RosUkrEnergo (against Ukraine) and Gazprom (against Naftohaz) with the Stockholm Tribunal of the Arbitration Institute of the Stockholm Chamber of Commerce, Sweden.[61][62] Ukraine has also filed in lawsuits there.[63] According to Naftohaz, RosUkrEnergo owes the company $40 million for services in transportation of natural gas.[64] On 5 January 2009 Kiev's economic court decided to ban Naftohaz from transiting Russian gas in 2009 at a price of $1.60 per 1,600 cubic meters per 100 kilometers. The court declared ineffective contracts on Russian gas transit via Ukraine because they were signed without being empowered by the Cabinet of Ministers of Ukraine.[65]

On 5 January 2009 Prime Minister Putin instructed the head of Gazprom Alexei Miller to reduce supplies via Ukraine to Europe by the amount of gas Ukraine had allegedly taken since deliveries ended on 1 January 2009.[66] On 7 January 2009, all Russian gas flow through Ukraine was halted amid mutual accusations between the two parties.[67][68][69] Several countries reported a major fall in supplies of Russian gas starting from 7 January 2009; the worst affected were Bulgaria, Moldova and Slovakia.[6][70][71]

Talks between Naftohaz and Gazprom were resumed on 8 January 2009 overnight.[67][72][73] Ukraine agreed to guarantee the unimpeded transit of natural gas on the condition that Gazprom would guarantee and supply technical gas for Ukraine's gas transit system to function; this was denied by Russia.[74] Although the European Union, Ukraine and Russia agreed the deployment of the international monitoring group on the gas metering stations between Russia and Ukraine, the supplies to Europe were not restored.[75][76][77][78] Naftohaz blocked the transit, blaming a lack of pressure in the pipeline system and saying that because of the design of the Soviet-built pipeline it could not ship gas entering through the Sudzha metering station over the specific route to leave Ukraine through Orlivka metering station without cutting off the Donetsk region, Luhansk region and portions of the Dnipropetrovsk region of Ukraine.[79][80][81] Instead of this route, Naftohaz suggested a technically more feasible alternative through Valuyki and Pisarevka metering stations but was refused.[82][83][84]

Signing of the deal reached at the Moscow summit at 19 January 2009 by Oleh Dubyna and Alexei Miller (with Yulia Tymoshenko and Vladimir Putin standing in the background)

On 17 January 2009, Russia held an international gas conference in Moscow. The EU was represented by the Presidency (the Czech Minister of Industry and Trade Martin Říman) and European Commission (the EU Energy Commissioner Andris Piebalgs), so that the EU could speak with one voice.[85][86][87] Ukraine was represented by the Prime Minister Yulia Tymoshenko.[88] The summit did not achieve any solution to the crisis and the negotiations continued bilaterally between prime ministers Putin and Tymoshenko. Early 18 January 2009 morning after five-hour talks Putin and Tymoshenko reached a deal on restoring gas supplies to Europe and Ukraine.[89][90] Parties agreed that Ukraine would start paying European prices for its natural gas, less a 20 percent discount for 2009, and would pay the full European market starting from 2010. In return for the discounts Ukraine agreed to keep its transit fee for Russian gas unchanged in 2009. The two sides had also agreed not to use intermediaries.[91][91] On 19 January 2009, the head of Gazprom Alexei Miller and the head of Naftohaz Oleh Dubyna signed the 10-year agreement on natural gas supplies to Ukraine for the period of 2009-2019.[92][93][94] Gas supplies restarted on 20 January 2009 and were fully restored on 21 January 2009.[95]

According to the EU Commission and Presidency, the gas crisis caused irreparable and irreversible damage to customers' confidence in Russia and Ukraine, and that means Russia and Ukraine can no longer be regarded as reliable partners.[81][83][87] According to reports, due the gas crisis Gazprom lost more than $1.1 billion in revenue for the unsupplied gas.[96] Ukraine incurred losses because its steel and chemical plants were temporarily shut down due to the lack of gas. It also lost $100 million in transit fees because of the cut-off.[96]

There were also accusations of illegally taking gas by Ukraine; these accusations were not confirmed.[97][98] At the same time the issue of technical gas to fuel compressor stations and to maintain pressure in the pipeline network remained unclear.[99][100] When some sources say that responsibility for providing the technical gas falls to Ukraine,[101] others say that this is the responsibility of Gazprom.[102]

There were several theories about alleged political motives behind the conflict, such as a pressuring the Ukrainian politicians or stopping the EU and NATO expansions to include Ukraine.[103][104][105] Others suggested that Ukraine's actions were being orchestrated by the United States.[78] Both sides tried to win sympathy for their arguments fighting a PR war.[106][107]

In August 2009 it was agreed loans worth $1.7bn would be lent to Ukraine to help it provide stable supplies of Russian gas to Europe by the International Monetary Fund, the World Bank, and the European Bank for Reconstruction and Development in return for reforms in Ukraine's gas sector.[1]

On December 28 2009, Slovakian government announced that Russia warned it would stop oil supplies to Slovakia, Hungary and the Czech Republic over a transit price dispute with Ukraine.[108] However, the next day, Ukraine's Naftogas issued a statement confirming that Russia agreed to a 30 percent increase in the transit fees through Ukraine. The alleged rise in the tariff will be from $7.8 to $9.50 (or €6.6) per tonne of oil for transiting Ukraine in 2010. Additionally, unlike previous payments, new payments will be made in Euros as this was one of the Ukraine's demands. Russia and Ukraine also agreed on the volume of oil to be transported through Ukraine. The overall amount of oil to be transported to Slovakia, Czech Republic and Hungary through Ukraine in 2010 will be 15 million tonnes - a decrease from 17.1 million tonnes in 2008.[109]

[edit] 2010 gas agreement

After meeting[110] her Russian counterpart Putin, Ukrainian Prime Minster Tymoshenko declared on 3 September 2009 "Russia and Ukraine, have agreed that at Christmas, there won't be any halt in gas supplies. Everything will be quite calm on the basis of the current agreements". Tymoshenko also said that the Ukrainian and Russian premiers had agreed that sanctions would not be imposed on Ukraine for the country buying less gas than expected and that the price of Russian gas transit across Ukraine may grow 65% till 70% in 2010.[111] A week before Gazprom had said it expected gas transit fees via Ukraine to rise by up to 59 percent in 2010.[8]

On October 8, 2009 Tymoshenko announced that Ukrainian 2010 natural gas imports will be significantly less than in previous years "because we have less need for natural gas". Because of its economic recession the industries require far less gas. In response to Tymoshenko Gazprom Chief Executive Alexey Miller stated that Ukraine should stick to the January (2009) contract for 2010.[11]

On November 16, 2009 Commissioner for Energy at the European Commission Andris Piebalgs stated that Russia and the European Union do not expect another gas conflict with Ukraine. According to him there were no gas price negotiations or questions other than that of gas payments.[112]

On November 20, 2009 the gas deal of January 18, 2009 was altered after a meeting between Tymoshenko and Putin in Yalta; meaning Ukraine would not be fined for buying less gas then the old contract stipulated, this was done in view of the 2008–2009 Ukrainian financial crisis.[113] On November 24, 2009 Gazprom and Naftohaz signed these supplements to the contract of January 19, 2009 on the purchase and sale of natural gas; according to the supplements, the annual contracted amount of gas to be supplied to Ukraine in 2010 has been set at 33.75 billion cubic meters (bcm), instead of the 52 bcm contracted earlier. The documents signed by the sides also stipulated that there will be no fines related to the amount of gas consumed by Naftohaz in 2009.[114] Over the first ten months of 2009 Naftohaz has purchased 18.85 bcm of gas with the contracted volume being 31.7 billion cubic meters.[115]

On December 15, 2009 Russian Energy Minister Sergei Shmatko stated he expects no problems with Ukraine over gas supplies at New Year.[116]

Ukrainian Prime Minister Mykola Azarov and Energy Minister Yury Boyko were in Moscow late March 2010 to negotiate lower gas prices; neither clearly explained what Ukraine was prepared to offer in return.[117] Following these talks Russian Prime Minister Putin stated that Russia was prepared to discuss the revision of the price for natural gas it sells to Ukraine.[118] Mid-April Ukrainian officials stated they are seeking an average price of $240-$260 per 1,000 cubic metres for 2010.[119] Ukraine paid an average of $305 in the first quarter of 2010 and $330 in the second quarter.[119]

On April 21, 2010, Russian President Dmitry Medvedev and Ukrainian President Viktor Yanukovych signed an agreement[120] in which Russia agreed to a 30 percent drop in the price of natural gas sold to Ukraine. Russia agreed to this in exchange for permission to extend Russia's lease of a major naval base in the Ukrainian Black Sea port of Sevastopol for an aditional 25 years with an additonal 5 year renewal option (to 2042-47).[121]

"We have indeed reached an unprecedented agreement," the Russian president stated. "The rent [for the naval base] will be increased by an amount equivalent to that of the [gas price] discount."[120]

This agreement is subject to approval by both the Russian and Ukrainian parliaments.[121]

[edit] See also

Energy portal

[edit] References

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  113. ^ Russia agrees to ease Ukraine gas supply terms, BBC News (November 20, 2009)
  114. ^ Gazprom will cut gas supplies to Ukraine in 2010, won't fine for under-consumption in 2009, Interfax-Ukraine (November 24, 2009)
  115. ^ Naftogaz has to buy 27 bcm of gas in 2010 to avoid paying fine to Gazprom, Kyiv Post (November 25, 2009)
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  117. ^ Big plant on sale block for small price, Kyiv Post (April 2, 2010)
  118. ^ Azarov: Ukraine to continue working to amend gas agreements with Russia, Kyiv Post (March 26, 2009)
  119. ^ a b Russia, Ukraine voice optimism at new gas deal, Kyiv Post (April 20, 2010)
  120. ^ a b Russia, Ukraine agree on naval-base-for-gas deal, CNN (April 21, 2010)
  121. ^ a b Deal Struck on Gas, Black Sea Fleet , The Moscow Times (April 21, 2010)

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