Lukashenka’s instruction to shutdown transit violates Energy Charter Treaty

• 23.06.2010, 11:09

Europe has stated that the Belarusian leader does not have a right to shut down gas transit.

Energy resources transit must not be reduced or disrupted, stated General Secretary of the Energy Charter André Mernier after Alyaksandr Lukashenka ordered to shut down transit of Russian gas to Europe via Belarus.

“The dispute about payments for gas and transit is in the sphere of commerce, however it is important to pay attention to the principle of uninterrupted transit, which is a core element of the Energy Charter Treaty,” André Mernier said in his statement, as quoted by BelaPAN.

“In accordance with Article 7(6) of the Treaty, a Contracting Party through whose Area Energy Materials and Products transit shall not, in the event of a dispute over any matter arising from that transit, interrupt or reduce, permit any entity subject to its control to interrupt or reduce, or require any entity subject to its jurisdiction to interrupt or reduce the existing flow of Energy Materials and Products. The Treaty foresees a special dispute resolution procedure involving a conciliator. Throughout this procedure the parties are to keep energy transit flows unchanged,” he said in a statement.

The secretary-general of the Energy Charter hopes that a solution would be found timely, in order for the other issues not to have negative influence on transit volumes.

On June 22 Alyaksandr Lukashenka ordered to shut down Russian gas transit through Belarus, until Gazprom repays its debt of $260 million. In its turn, Gazprom demands to pay $192 million for gas deliveries to Belarus.

It should be noted that Gazprom spokesperson Syarhei Kupriyanov confirmed that indebtedness of the concern to Belarus for gas transit via its territory exists. However, the debt emerged as the Belarusian side does not sign the appropriate documents on rendering services, and Gazprom cannot pay for them consequently.