of the Presidents of Ukraine and the Republic of Poland
made in Warsaw on 2 December 2016
We, the Presidents of Ukraine and the Republic of Poland,
having regard for the basis, principles and targets of the European Union Energy 2020 Strategy for competitive, sustainable and secure energy and the European Union Energy Road Map 2050;based on our commitments under the Treaty establishing the Energy Community;recognizing the principles and requirements of the Third Energy Package and the importance of bringing the legal framework concerning the general basis for the functioning of the internal market in natural gas in line with the requirements of the European Parliament and Council Directive 2009/73 / EC of July 13, 2009 regarding the common rules for the internal market in natural gas;undertaking the commitments to implement the Association Agreement between Ukraine, on the one part, and the European Union, the European Atomic Energy Community and their member states, on the other part;
recognizing the importance of enhancing diversification and the level of energy security of Ukraine and EU;
underlining the strong commitment to work closely on the opening of alternative routes of gas supplies to the Central and Eastern Europe based on new strategic infrastructure including LNG Terminal in Świnoujście, direct gas pipeline connection from Norway through Denmark to Poland and a new virtual and physical reverse flow projects on the Polish – Ukrainian border; mindful of the importance of the mission of Ukraine and Poland as a gas transit countries and confirming the intention to remain a stable and reliable partners in the matters of ensuring transit of gas to the European consumers,
state the following:
Ukraine and the Republic of Poland were stung by the EC decision of 28 October 2016, which opens the Gazprom’s opportunity to boost gas transit to Europe circumventing Ukraine. Both its substance and the procedure which led to its adoption may breach the mutual commitments made under the Energy Community Treaty.
We consider the decision as not compliant with the rules and principles of the Energy Community and as contrary to achieving the organization’s fundamental goal to unite an energy independent Europe. It undermines the principle enshrined in the Energy Community Treaty and the rules of competition (Article 18).
Furthermore, it violates the legal provisions of the Ukraine-EU Association Agreement and the spirit of political association and deep and comprehensive economic integration.
The Commission’s OPAL decision undermines the EU energy security strategy, threatens the energy security of Central and Eastern Europe that depend on gas supplies from one source and will hinder the creation of an efficient Energy Union in Europe, the aim of which is to decrease dependency on the Russian gas supplies, diversify sources and routs of gas supplies as well as maintain a common position at negotiations with the third countries – suppliers of energy.
It creates tangible risks for the disruption of gas supplies between Poland and Ukraine and significant redirection of the current gas flows between other countries.
It will further polarize the discussions on other topics, as it will further encourage Russia-sympathics in the member-states and the EU institutions.
It will further distort the competition because it additionally reinforces Russian supremacies:
market position of Gazprom, the most dominant player on the market;
Gazprom power to manipulate gas pricing for individual countries;
the transit route and origin of gas supply.
The decision also lays ground for the construction of the Nord Stream 2 pipeline. The result thereof may lead to UA gas transit system collapse, further distortion of the competition and significant price increase for the domestic consumers.
In this context, it endangers the energy security of both the EU and Ukraine as this decision compromises the security of supply.
It challenges the ability and willingness of the EU to adhere to its own acquis and to withstand Russian pressure.
By improving the access of Gazprom and Russian supplies to the EU natural gas market, the EU will further encourage Russia to hamper EU internal market and exert pressure to pursue its political agenda with the EU as well as other countries like Ukraine. It will also significantly undermine the effort of diversification of gas supplies which is being undertaken by Poland and Ukraine.
It encourages and refuels the Russian-led tactics of creating problems in order to trade them for concessions in other areas.
It interferes with the EU sanctions policy because it stimulates additional cash-flow to Russian Federation while, at the same time, drying Ukrainian income from gas transit.
We believe that the Decision must be revised, while we understand what a difficult and painful step it might be.
We commit to defend our common interests through all appropriate legal means.
We also call for further EU support to integrate Ukraine with the EU internal energy market by developing appropriate infrastructure and interconnection capacities enabling further diversification of UA natural gas supplies and liberalisation of UA energy market according to the principles of Energy Community Treaty.
the President of Ukraine the President of the Republic of Poland
Petro POROSHENKO Andrzej DUDA