Статья 20«Соглашение между Правительством Российской Федерации и Правительством Республики Болгарии о сотрудничестве при создании газопровода для транзита природного газа через территорию Республики Болгарии» [рус., англ.]

1. Настоящее Соглашение вступает в силу после получения Сторонами последнего уведомления в письменной форме по дипломатическим каналам о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу, и действует в течение 30 лет.

2. По окончании этого срока настоящее Соглашение будет автоматически продлеваться на последующие пятилетние периоды, если ни одна из Сторон не уведомит другую Сторону не позднее 9 месяцев до истечения соответствующего срока о своем намерении прекратить его действие. Такое уведомление в письменном виде передается по дипломатическим каналам.

3. Настоящее Соглашение может быть изменено с письменного согласия Сторон. Любые изменения настоящего Соглашения вступают в силу в соответствии с пунктом 1 настоящей статьи.

4. Прекращение действия настоящего Соглашения не затронет выполнения обязательств, предусмотренных договорами (контрактами), заключенными в рамках настоящего Соглашения в период его действия.

5. Настоящее Соглашение временно применяется с даты подписания, за исключением статьи 15.

Совершено в г. Софии 18 января 2008 года в двух экземплярах, каждый на русском, болгарском и английском языках, причем все тексты имеют одинаковую силу. В случае возникновения разногласий при толковании положений настоящего Соглашения будет использоваться текст на английском языке.

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF BULGARIA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION ON COOPERATION IN CONSTRUCTION OF THE GAS PIPELINE FOR TRANSIT OF GAS VIA THE TERRITORY OF THE REPUBLIC OF BULGARIA

The Government of the Russian Federation and the Government of the Republic of Bulgaria, hereinafter referred to as the Parties,

Aiming to facilitate development of mutually beneficial cooperation in ensuring stable supplies of natural gas from the Russian Federation to the Republic of Bulgaria, as well as its transit to third countries,

Taking into account the current agreements on transit and supply of natural gas from the territory of the Russian Federation to the Republic of Bulgaria through existing gas pipelines,

Taking into account the role of the Republic of Bulgaria as a key transit country in transporting natural gas from the territory of the Russian Federation to South-East Europe,

Seeking to enhance energy security of Russia and Bulgaria, as well as other European countries through diversification of routes of supply of natural gas to European markets,

Supporting construction of a new gas pipeline system to transit and supply natural gas from Russia via the Black Sea area and the territory of the Republic of Bulgaria to other European countries and to provide additional supplies to Bulgaria,

Wishing to create conditions for design, construction and operation of the abovementioned gas pipeline system in accordance with the legislation of the States of the Parties and international agreements to which the Russian Federation and the Republic of Bulgaria are signatories,

Realizing that construction of this system does not exclude implementation of any other gas transportation projects in Europe,

For the purposes of this Agreement the definitions used below shall have the following meaning:

«gas pipeline system» means a new gas pipeline system to transit and supply natural gas from the Russian Federation via the Black Sea area and the territory of the Republic of Bulgaria, as well as territories of third countries;

«offshore section» means the section of the gas pipeline system extending from the territory of the Russian Federation via the Black Sea area up to the point of connection with the gas pipeline;

«gas pipeline» means the section of the gas pipeline system on the territory of the Republic of Bulgaria to the point of connection with the offshore section;

«founders» means joint stock company Gazprom (Russian Federation) and joint stock company Bulgargas Holding (Republic of Bulgaria);

«Company» means the company established to design, finance, construct and operate the gas pipeline of which it shall be the owner;

«feasibility study» means studies with a view to determine technical, economic and financial feasibility of construction of the gas pipeline.

The list of definitions may be supplemented in a Protocol, agreed by the Parties.

The Parties shall assist the founders in establishing the Company. The Company shall be registered in the Republic of Bulgaria.

The Company shall own the gas pipeline as well as other assets and facilities constructed and/or acquired in the process of its business activities.

The said property of the Company may not be expropriated, nationalized or subjected to measures resulting in consequences equal to expropriation or nationalization.

1. The founders shall have the following shares in the Company's registered capital:

the Russian Founder — 50 per cent;

the Bulgarian Founder — 50 per cent.

2. Prior to establishment of the Company, all agreed expenditures associated with its activities shall be borne by the founders in proportion to their shares indicated in paragraph 1 of this Article.

After establishment of the Company, each founder shall ensure independently the funding of the Company's activities in accordance with its share in the Company's registered capital without obligation to provide state guarantees. The Company and its founders shall undertake necessary measures to carry out construction of the gas pipeline based on the principles of project financing.

The Parties presume that the gas pipeline shall have an annual throughput capacity of 31 billion cubic meters of natural gas and shall consist of pipelines, compressor stations as well as other infrastructure necessary for the gas pipeline operation. The exact parameters of the gas pipeline and necessary infrastructure shall be specified on the basis of the results of the feasibility study.

The gas pipeline shall be designed, constructed and operated in accordance with the environmental standards established under the legislation of the Republic of Bulgaria.

The route of the gas pipeline, including the geographical entry and exit points on the territory of the Republic of Bulgaria shall be agreed upon by the founders and shall be subject to approval by the Bulgarian Party in accordance with the established procedure but not later than three months from the date of receipt of the founders' proposal.

The Russian founder shall ensure additional natural gas supplies from the Russian Federation to the Republic of Bulgaria via the gas pipeline system on market conditions.

Each of the Parties shall contribute to construction and operation of the gas pipeline system on the territory and continental shelf of its State.

The Parties shall undertake actions to conclude bilateral agreements and, subsequently, a multilateral agreement (memorandum) between the States which territories are crossed by the gas pipeline system on the issues of construction and operation of the gas pipeline system.

The Parties shall undertake possible efforts to ensure that the gas pipeline system is identified as a trans-European energy networks project in order to utilize all the advantages granted to such gas transportation projects.

The Parties shall assist the company established for the purposes of construction and operation of the offshore section of the gas pipeline system in obtaining consent of third States on issues related to its construction and operation.

The Russian founder shall assist the Bulgarian founder in entering the said company as a participant under nondiscriminatory conditions to be agreed upon with its participants.

The functions of the gas pipeline's operator shall be performed by the Company. Gas transportation tariff through the gas pipeline shall be established by the Company, which falls under its exclusive competence.

The Parties presume that the tariff ensures non loss-making implementation of the gas pipeline project with a reasonable rate of return and a target payback period of up to 15 years.

The rights to use the gas pipeline capacity shall belong to the Company.

In order to provide profitability of the gas pipeline the Russian founder shall ensure full utilization of all the gas pipeline capacity through a long-term agreement between the Company and the Russian founder or a company designated by it for utilization of the full capacity of the gas pipeline containing, inter alia, «ship or pay» clause.

The rights to use the gas pipeline capacity may be transferred fully or partially to a third party.

The Bulgarian Party shall guarantee full and unrestricted transit of gas through the gas pipeline in accordance with the signed agreements (contracts).

The Parties shall support the founders and the Company established by them in obtaining in accordance with the established procedure all the necessary permits related to design and construction of the gas pipeline, as well as supplies of required machinery and equipment, construction works and other services.

The Company shall select contractor (contractors) and suppliers of material and technical resources and organizations providing services necessary for construction and operation of the gas pipeline on competitive basis. Other conditions being equal the preference shall be given to companies of the States of the Parties.

The Parties shall instruct the relevant government bodies to ensure, under the legislation in force, simplified procedure to cross the borders of the States of the Parties for experts, materials, construction and assembly equipment necessary for the construction and operation of the gas pipeline.

The Bulgarian Party shall grant the gas pipeline the status of the object of the national importance, and shall also ensure by implementation of other norms provided under the legislation of the Republic of Bulgaria conditions for the Company to obtain rights on land on the territory of the Republic of Bulgaria which are appropriate to the purposes and conditions of the gas pipeline construction as well as the rights with respect to the mentioned land which ensure unrestricted construction and operation of the gas pipeline.

Parties, under legislation of their States, shall ensure necessary conditions for unrestricted construction and operation of the gas pipeline and obtaining by the Company of all permits and licenses.

In order to increase the economic efficiency during the period of construction and operation of the gas pipeline, the Bulgarian Party is obliged to grant the Company most favored tax regime under the legislation of its State, in particular including:

exemption from providing security under the conditions of regime of temporary import of equipment and components necessary for construction and operation of the gas pipeline subject to their re-export;

acceleration of the procedures of return of the value added tax paid on materials, services and work necessary for construction and operation of the gas pipeline.

Taxation of the Company's activities, founders and contractors involved in the project under this Agreement shall be executed in accordance with the state legislation of each Party on the territory of which these activities are taking place.

In the event that the state legislation of a Party in the territory of which the gas pipeline is located is amended in a way that deteriorates the terms and conditions of taxation of the Company, founders and contractors involved in the project under this Agreement, taxation of the Company, founders and contractors involved in the project for the period of design, construction and operation of the gas pipeline until the return of investments, shall be in accordance with the legislation of the State of the said Party in force at the time of conclusion of this Agreement.

For the purposes of this Agreement, the deterioration of the terms and conditions of taxation shall mean the imposition (establishment) of new taxes, charges and duties and/or other similar payments, increase in tax rates and in the amount of charges and duties and/or other similar payments.

The provisions of this Article shall only apply to the taxation of activities related to design, construction and operation of the gas pipeline.

The Parties presume that the Company shall conduct feasibility study for the gas pipeline construction project within no more than 18 months from the date the Company is established, and shall start its construction, depending on the results of the feasibility study, not later than 24 months from its completion.

The designated authorities for the implementation of this Agreement shall be as follows:

for the Russian Party — the Ministry of Industry and Energy of the Russian Federation;

for the Bulgarian Party — the Ministry of Economy and Energy of the Republic of Bulgaria.

In the event of alteration of their designated authorities, the Parties shall immediately notify each other thereof through diplomatic channels.

Should any circumstances arise that prevent any of the Parties from fulfillment of its obligations, or differences concerning this Agreement, the designated authorities of the Parties shall conduct necessary consultations for the purposes of reaching mutually acceptable decisions to overcome the said circumstances or differences and to ensure the implementation of this Agreement.

Differences between the Parties with regard to the interpretation and/or application of the provisions of this Agreement that may not be reconciled through consultations between the designated authorities shall be resolved by way of negotiations between the Parties with conclusion of the corresponding protocols.

The provisions of this Agreement shall not affect the rights and obligations of each Party under other international treaties to which its State is a party.

The Parties shall not be held liable for the obligations of the Company and its founders arising from the participation in design, financing, construction and operation of the gas pipeline. Each Party shall take reasonable and acceptable measures with a view to ensuring the appropriate fulfillment by the Company and founders of their obligations within the framework of the construction and operation of the gas pipeline.

1. This Agreement shall enter into force upon the receipt by the Parties through diplomatic channels of the last written notification of the completion by the Parties of their respective internal procedures required for its entry into force and shall remain in force for 30 years.

2. After expiration of this period the present Agreement shall be automatically extended for subsequent five-year periods unless one of the Parties notifies the other Party of its intention to terminate the Agreement no later than 9 months before expiration of the relevant period. Such written notification shall be forwarded through diplomatic channels.

3. This Agreement may be amended by written consent of the Parties. Any amendment of this Agreement shall enter into force in accordance with Paragraph 1 of this Article.

4. Termination of this Agreement shall not affect the implementation of obligations under agreements (contracts) concluded within the framework of this Agreement while it was in force.

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