The total amount of claims to Ukraine, “Gazprom” has reached $ 12.2 billion. More than half of this amount requirements for transit contracts. In this case, Ukraine itself still has to “Gazprom” about $ 2 billion, but this does not recognize the debt. Experts say that “Gazprom” do not be afraid of Kiev claims and falling prices – because of this, this year the company’s revenue could decline by the same $ 12 billion.
«Gazprom» opened Details of “transit” claims Ukraine. According to the Russian monopoly in its statements for the first 9 months of IFRS published on Thursday, Ukrainian “Naftogaz” in his lawsuit asks the Stockholm arbitration pledged to “Gazprom” to compensate for the $ 3.2 billion decline in transit and $ 3 billion in compensation for the low tariff rate.
Also, “Naftogaz” requires the recognition that transit tariff in the contract “should be changed in such a way as will be described in further written statements” Naftogaz “in accordance with the basic principles of the Swedish contract law».
The lawsuit with the requirements of the transit Ukrainian side submitted in October last year, but it the amount is not disclosed. Kiev then pointed out that in 2009 the contract was not taken into account the European legislation. In particular, we are talking about the Third Energy Package, which Ukraine has joined. “Naftogaz” asked Stockholm to abolish or replace inoperative provisions of the contract. Also in accordance with the rules of the Third Energy counterparty gas transit should not be “Naftogaz” and “Ukrtransgaz” (“daughter” of “Naftogaz”, which actually transits).
Earlier, in June 2014 year “Naftogaz” has also filed a claim for compensation overpayment for Russian gas in 2011 in the amount of $ 6 billion.
Thus, the total amount of claims to Ukraine “Gazprom” is $ 12.2 billion.
June lawsuit “Naftogaz” was filed in response to the claims of “Gazprom”, which is also in June asked the Court of Arbitration in Stockholm, demanding to recover from the “Naftogaz” $ 4.5 billion of outstanding debt. The amount of debt in the future rose to $ 5.4 billion, but in late 2014 –nachale 2015 Kiev repaid $ 3.1 billion of this amount. The rest of the debt just to be discussed in Stockholm – Ukraine does not recognize it because it considers that the amount was calculated taking into account non-market prices of supplies. Claims of “Gazprom” and “Naftogaz” were merged into one.
«Gazprom» in his report on Thursday said that an oral hearing in the proceedings to begin in Stockholm no earlier than February-March 2016. Comment claim Ukraine in “Gazprom” refused. “These issues will be addressed in the arbitration,” – said “Gazeta.ru” official speaker Sergei Kupriyanov. “Naftogaz” declined to comment, citing legal restrictions.
«Much depends on the conditions of the contract changes, which are set out in himself – said partner law firm Lidings Sergey Patrakeev. – But in any case, retroactive (backdated) contract can be changed only by mutual consent of the parties. If the issue is resolved in court, and one of the parties does not agree with the changes, such changes by court order can take effect no earlier than the actual decision of the court ».
The head of the National Energy Security Konstantin Simonov says that “transit claims” Ukraine does not have adverse consequences. “Claims for nedoprokachki gas absurd in itself, as spelled out in the transit contract obligations of” Gazprom “on pumping at least 110 billion cubic meters of gas a year, but does not stipulate any penalties in case of breach of these obligations, – says the expert. – Penalty formula, in contrast, for example, from the same contract “take-or-pay” is not, and it is unclear what the arithmetic guided Ukraine, calculating the amount of claims ».
And if Kiev tries to make “Gazprom” to pay for gas nedoprokachanny, it is, according to Simon, I must admit and own debt contracted, but unselected gas (the same principle of “take-or-pay” when the buyer pays the contracted volumes regardless of whether you choose them actually). And then the claim may be much more – before “Gazprom” stated that since 2010 has accumulated $ 11.388 billion of debt, as Ukraine actually bought less than the minimum established by the contract.
As for the issue price of transit, the Kiev is trying to sit on two chairs. “The price of the transit contract directly tied to the price of gas – indicates Simonov. – And Ukraine wants both to reduce gas prices and raise transit tariffs ».
A requirement to compensate the funds overpaid, according to Ukraine, involves the payment of debts. “It’s one thing when the plaintiff has paid for the goods and complain about the high cost of it, – – indicates the head of the NESF. – It’s quite another when the goods he received, consumed, and refuses to pay for it, but still complains at this. ” Thus, according to Simon, first Kiev should at least pay off the gas debt.
However, Ukraine quite expensive “Gazprom” even without the claim. According to reporting under IFRS for the first nine months of last year net profit of “Gazprom” has decreased by 35% and amounted to 556.254 billion rubles.
The main role was played by the increased operating expenses, which increased by 421.983 billion rubles (16% ) and amounted to 3.018 trillion rubles.
«The main factor that influenced the increase in operating expenses was an increase in the amount of valuation allowances on 104.506 billion rubles, or 308% – said in the release of “Gazprom”. – Change is mainly due to the provision for doubtful debts “Naftogaz of Ukraine” in the amount of 83 927 billion rubles ».
The analyst IR “Ankor-Invest” Sergei Vakhrameev says that “Ukrainian” costs included in the statements – the least that should worry “Gazprom” in the current year, as the company’s contracts are linked to oil prices with a lag of six to nine months, and they have since the middle of last year fell by more than half.
From the statements of “Gazprom”, it follows that the average price of deliveries to CIS countries (especially in Europe) for 9 months of last year amounted to 12.5 thousand rubles. “The average dollar exchange rate during this period was 35-37 rubles, so that the average price of European exports of” Gazprom “is $ 353 per 1 thousand cubic meters, – says Vakhrameev. – According to our estimates, the average price in the current year will be less than $ 300 to about $ 290 ,, then there is a drop to about 20% ».
In this regard, according to the forecast Vahrameeva revenue” Gazprom “in 2015 will be reduced by about $ 12 billion.
No comments:
Post a Comment