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Gas Regulation 2017 Contributing Editors David Tennant and Torquil GETTING THE DEAL THROUGH Gas Regulation Gas Regulation Gas Contributing editors David Tennant and Torquil Law 2017 2017 © Law Business Research 2017 Gas Regulation 2017 Contributing editors David Tennant and Torquil Law Dentons UKMEA LLP Publisher Law The information provided in this publication is Gideon Roberton general and may not apply in a specific situation. [email protected] Business Legal advice should always be sought before taking Research any legal action based on the information provided. Subscriptions This information is not intended to create, nor does Sophie Pallier Published by receipt of it constitute, a lawyer–client relationship. [email protected] Law Business Research Ltd The publishers and authors accept no responsibility 87 Lancaster Road for any acts or omissions contained herein. The Senior business development managers London, W11 1QQ, UK information provided was verified between February Alan Lee Tel: +44 20 3708 4199 and March 2017. Be advised that this is a developing [email protected] Fax: +44 20 7229 6910 area. Adam Sargent © Law Business Research Ltd 2017 [email protected] No photocopying without a CLA licence. Printed and distributed by First published 2003 Encompass Print Solutions Dan White Fifteenth edition Tel: 0844 2480 112 [email protected] ISSN 1740-7826 © Law Business Research 2017 CONTENTS Global 0verview 5 Mexico 88 David Tennant and Torquil Law Rogelio López-Velarde and Amanda Valdez Dentons UKMEA LLP Dentons López Velarde SC Austria 7 Myanmar 96 Peter Polak Khin Cho Kyi and Thaw Dar Sein Fiebinger Polak & Partner Rechtsanwälte GmbH Myanmar Legal Services Limited Brazil 13 Nigeria 101 Giovani Loss and Felipe Feres Olusina Sipasi, Mutiat Adeyemo and Oritsemone Awala-Velly Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados ǼLEX Bulgaria 21 Norway 106 Radoslav Zahariev and Iliya Grozdanov Yngve Bustnesli Dinova, Rusev and Partners Law Office Kvale Advokatfirma DA Croatia 27 Pakistan 113 Miran Maćešić, Ivana Manovelo and Anja Grbeš Aemen Zulfikar Maluka and Pir Abdul Wahid Law Offices Maćešić & Partners Josh and Mak International Denmark 34 Portugal 118 Per Hemmer, Johan Weihe and Rania Kassis Mónica Carneiro Pacheco and Bernardo Cunha Ferreira Bech-Bruun CMS Rui Pena & Arnaut European Union 40 South Africa 124 Christian Filippitsch and Max Seuster Megan Rodgers and Giovanni Cloete Norton Rose Fulbright Cliffe Dekker Hofmeyr Faroe Islands 49 Spain 130 Per Hemmer, Johan Weihe and Rania Kassis Gonzalo Olivera and Alberto Artés Bech-Bruun King & Wood Mallesons France 54 Sweden 136 Christophe Barthélemy Torbjörn Claeson CMS Bureau Francis Lefebvre Ramberg Advokater KB Greenland 65 Thailand 141 Per Hemmer, Johan Weihe and Rania Kassis Albert T Chandler and Christopher C Kalis Bech-Bruun Chandler MHM Limited Hungary 71 Turkey 146 Eszter Zádori, Dániel Arányi and Eszter Katona Zeynep Çakmak, Mustafa Durakoğlu and Ayşe Eda Biçer Weil, Gotshal & Manges LLP Çakmak Avukatlık Ortaklığı Italy 78 United Kingdom 153 Pietro Cavasola and Matteo Ciminelli David Tennant, Sam Boileau, Rebecca Owen-Howes, CMS Adonnino Ascoli & Cavasola Scamoni Torquil Law and Laura Mackett Dentons UKMEA LLP Japan 84 Kentaro Kubo United States 167 TMI Associates Robert A James, Michael S Hindus and Stella Pulman Pillsbury Winthrop Shaw Pittman LLP 2 Getting the Deal Through – Gas Regulation 2017 © Law Business Research 2017 PREFACE Preface Gas Regulation 2017 Fifteenth edition Getting the Deal Through is delighted to publish the fifteenth edition of Gas Regulation, which is available in print, as an e-book and online at www.gettingthedealthrough.com. Getting the Deal Through provides international expert analysis in key areas of law, practice and regulation for corporate counsel, cross-border legal practitioners, and company directors and officers. Throughout this edition, and following the unique Getting the Deal Through format, the same key questions are answered by leading practitioners in each of the jurisdictions featured. Our coverage this year includes new chapters on Bulgaria, Japan, Pakistan and Spain. Getting the Deal Through titles are published annually in print. Please ensure you are referring to the latest edition or to the online version at www.gettingthedealthrough.com. Every effort has been made to cover all matters of concern to readers. However, specific legal advice should always be sought from experienced local advisers. Getting the Deal Through gratefully acknowledges the efforts of all the contributors to this volume, who were chosen for their recognised expertise. We also extend special thanks to the contributing editors, David Tennant and Torquil Law of Dentons UKMEA LLP, for their continued assistance with this volume. London March 2017 www.gettingthedealthrough.com 3 © Law Business Research 2017 Dentons UKMEA LLP GLOBAL OVERVIEW Global 0verview David Tennant and Torquil Law Dentons UKMEA LLP Consumption The Financial Times has noted that, owing to the tension between In 2015, global natural gas consumption grew by 1.7 per cent. OPEC gas production and US shale gas production, this is the first Consumption growth was higher outside the OECD (+1.9 per cent, time there has been no swing producer since the 1920s. A surge of accounting for 53.5 per cent of global consumption) than in the OECD oil production from other non-OPEC countries (including Brazil and countries (+1.5 per cent). Iran (+6.2 per cent) and China (+4.7 per cent) Canada) is also expected, and this too will limit the effects of reduced recorded the largest increases in consumption, although growth in output by OPEC members. States and markets will need to find ways to China was sluggish compared with a 10-year average annual growth adapt to this structural shift in power in gas supply, although it remains rate of 15.1 per cent. Meanwhile, Russia (-5 per cent) recorded the largest to be seen whether they will adapt by following a more protectionist volumetric decline. Among OECD countries, the US (+3 per cent) agenda – price controls, tariffs and strategic stocks – or a market- accounted for the largest growth, while EU consumption (+4.6 per cent) orientated agenda of promoting resilience and reducing subsidies. rebounded after a large decline in 2014. Production of natural gas globally grew by 2.2 per cent. The US Saudi Aramco IPO (+5.4 per cent), Iran (+5.7 per cent) and Norway (+7.7 per cent) recorded The state-owned oil company of the Kingdom of Saudi Arabia (Saudi significant increases in production. Growth was above average in Aramco), with, according to its website, the world’s fourth-largest North America, Africa, and Asia-Pacific. EU production once again fell natural gas reserves of 288.4 trillion standard cubic feet, is planning sharply (-8 per cent), with the Netherlands (-22.8 per cent) recording an initial public offering (IPO) in 2018. The IPO will reportedly sell the largest decline. Large volumetric declines were also seen in Russia 5 per cent of the entire company, not just the downstream, with the (-1.5 per cent) and Yemen (-71.5 per cent). aim of raising US$100 billion. According to the Financial Times, the In 2015, global natural gas trade rose by 3.3 per cent compared with Saudi government will remain as the controlling shareholder, having trade in 2014. Pipeline shipments increased by 4 per cent, driven by control over production levels and the management of the kingdom’s growth in net pipeline exports from Russia (+7.7 per cent) and Norway oil reserves. The IPO is expected to be the biggest IPO in history (four (+7 per cent). The largest volumetric increases in net pipeline imports times bigger than Alibaba’s IPO in 2014) valuing Saudi Aramco at were in Mexico (+44.9 per cent) and France (+28.8 per cent). US$2 trillion and at about three or four times the size of Apple or Google Global LNG trade continued to grow in 2015, with an increase of (the world’s two most valuable companies by market capitalisation) 1.8 per cent. Export growth was led by Australia (+25.3 per cent) and and over five times the size of ExxonMobil. Papua New Guinea (+104.8 per cent), offsetting declines in shipments The IPO is part of the country’s Vision 2030 programme, an attempt from Yemen (-77.2 per cent). Higher net LNG imports for Europe to diversify Saudi Arabia’s economy away from natural resources, with (+15.9 per cent) and rising Middle Eastern imports (+93.8 per cent) the funds from the IPO being diverted to a public investment fund. were partly offset by declines in net imports in South Korea (-10.4 per According to Dr Carole Nakhle, non-resident scholar at the Carnegie cent) and Japan (-4 per cent). Middle East Centre, ‘one can argue that the Saudis are taking a long- The above figures were taken from the BP Statistical Review of term perspective, understanding that over time, their oil in the ground World Energy 2016. will be worth less than today as global demand decreases, primarily because of climate change concerns’, and therefore by selling part of OPEC Saudi Aramco the Saudis are safeguarding some of that value. On 30 November 2016, OPEC members agreed a deal to reduce Saudi Aramco CEO Amin Nasser also stated recently that ‘Saudi output of oil production by 1.2 million barrels a day. Eleven non- Aramco… is utilising this down cycle to grow its business, especially OPEC countries (Azerbaijan, Bahrain, Brunei, Equatorial Guinea, in the downstream sector and in gas’ with the aim of doubling its total Kazakhstan, Malaysia, Mexico, Oman, Russia, Sudan, and South production capacity for natural gas, including shale gas, from 12 billion Sudan) have also agreed to cut oil production by 558,000 barrels per cubic feet per day over the next 10 years. day, including a reduction by Russia of 300,000 barrels per day.
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