Gazprom objects the implementation of standard European regulations at the interconnection points between the Ukrainian and the Polish gas transmission systems. The Russian side refers to the existing transit contract between Naftogaz and Gazprom. Meanwhile, the contract between two market players cannot be an obstacle to the implementation of the European legislation at Ukraine-Poland interconnection points, based on the Regulation (EC) 2015/703 of 30 April 2015.
Gazprom sent its objections within the consultations held by Ukrtransgaz and GAZ-SYSTEM S.A., Ukrainian and Polish transmission system operators (TSOs) with market players on a cooperation agreement for Hermanowice-Drozdovychi interconnection point. The TSO cooperation principles embedded in the agreement are fully in line with current European rules, including Regulation (EC) 2015/703 on the network code, cooperation and information sharing rules.
Having received Gazprom’s objections, Ukrtransgaz and GAZ-SYSTEM S.A. intend to apply to national regulators and antitrust agencies of the two countries in order to clarify further actions and initiate an investigation into potential threats and barriers to competition on the gas markets of Ukraine and Poland arising from Gazprom’s actions.
The gas transmitted through the Ukrainian territory is currently transferred to Gazprom Export company instead of relevant Eastern European TSOs. This model makes direct cooperation between Ukrtransgaz and European operators impossible.
In 2014 and 2015, Ukrtransgaz signed direct cooperation agreements with Slovak, Polish and Hungarian TSOs on several routes, which are currently used for gas import to Ukraine: Budince GMS (Slovakia), Hermanowice GMS (Poland) and Beregdaróc (Hungary). Because of Gazprom’s position, Ukrtransgaz cannot sign or implement similar direct agreements on other interconnection points.
NJSC Naftogaz of Ukraine