UBA News (#10 October 2017)

UBA Committee on International Law

On 7 September 2017 the UBA Committee on International Law held a meeting dedicated to the main issues of international legal guarantee of security and for the development of the fuel and energy sector.  The main speaker at the meeting was Ielyzaveta Badanova, deputy head of the legal department at PJSC Naftogaz of Ukraine.

At the beginning the issue of increased use of Nord Stream and how it can threaten Ukraine was discussed. The speaker drew the attention  of those present to the fact that the issue of Nord Stream 2 is a rather politically sensitive one. It turned out that the Nord Stream was built to avoid third parties, contrary to the Association Agreement. Mrs. Badanova stated that Nord Stream 2 and South Stream can stop transit through Ukraine.

The speaker also pointed out that Gazprom is the sole shareholder and ensures delivery to Nord Stream and this could lead to a possible over-influence on the Baltic Sea and also on the concentration of facilities that need protection.

Mrs. Badanova also highlighted the fundamentals of documents of EU — Ukraine relations in the gas sphere. The documents mentioned included: the European Energy Charter Declaration, Association Agreement, Agreement to the Energy Charter Treaty

The speaker drew the audience’s attention to the fact that ensuring trust in Ukraine’s gas transportation system should promote the attractiveness of the system too.

The speaker also shared the view of NJSC Naftogaz of Ukraine regarding the ongoing investigation by the European Commission against Gazprom. This case is important because it is not possible to create a new operator before the end of arbitration. Creation of this asset is highly anticipated while the risks associated with it are also high.


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