CRUDE OIL and NATURAL GAS PIPELINES IN TURKEY Okan Demirkan, Esq. Warsaw, 22 September 2017
CRUDE OIL and NATURAL GAS PIPELINES IN TURKEY
Okan Demirkan, Esq.
Warsaw, 22 September 2017
Confidential
Copyr
ight
© 2
017
by
Kolc
uoğul D
em
irkan K
oçaklı A
ttorn
eys
at
Law
A
ll rights
reserv
ed.
Content
I. Classification of Pipelines
II. Transit Pipelines
III. Non-Transit Pipelines
IV. Why an IGA and/or HGA for both Transit and Non-Transit Pipelines?
V. Israel-Europe Natural Gas Pipeline: What is the Proposed Route?
Confidential
Copyr
ight
© 2
017
by
Kolc
uoğul D
em
irkan K
oçaklı A
ttorn
eys
at
Law
A
ll rights
reserv
ed.
Classification of Crude Oil and Natural Gas Pipelines
National Natural Gas Transmission System and Crude Oil Pipelines
• National Natural Gas Transmission System
• Ceyhan – Kırıkkale Crude Oil Pipeline
• Batman – Dörtyol Crude Oil Pipeline
International Crude Oil and Natural Gas Pipelines
• Transit Crude Oil and Natural Gas Pipelines
• Non-Transit Crude Oil and Natural Gas
Pipelines
1 2
Confidential
Copyr
ight
© 2
017
by
Kolc
uoğul D
em
irkan K
oçaklı A
ttorn
eys
at
Law
A
ll rights
reserv
ed.
International Pipelines Entering, Exiting or Transiting Turkey
Confidential
Copyr
ight
© 2
017
by
Kolc
uoğul D
em
irkan K
oçaklı A
ttorn
eys
at
Law
A
ll rights
reserv
ed.
Transit Pipelines and Projects in Turkey
Project
Baku – Tbilisi – Ceyhan Crude Oil Pipeline (BTC)
Transit Law IGA dated 18 November 1999 HGA dated 18 November
1999 – the HGA’s unsigned version was attached to the IGA
In operation 1.2 million barrels per day
Trans Anatolian Natural Gas Pipeline (TANAP)
Transit Law IGA dated 26 June 2012 HGA dated 26 June 2012 –
the HGA’s signed version was attached to the IGA
Under construction (expected to be commissioned in 2018)
16 to 31 bcm per annum
TurkStream Gas Pipeline Transit Law IGA dated 10 October 2016
Under construction (expected to be commissioned by late 2019)
31.5 bcm per annum
Legal Regime Status Capacity
Confidential
Copyr
ight
© 2
017
by
Kolc
uoğul D
em
irkan K
oçaklı A
ttorn
eys
at
Law
A
ll rights
reserv
ed.
Legal Regime Applicable to Transit Crude Oil and Natural Gas Pipelines
Between June 2000 – June 2013
After June 2013
Tim
e
Pe
rio
d
Le
gis
lati
on
Between June 1957 – June 2000
Article 83 of former Petroleum Law
Article 83 of former
Petroleum Law Transit Law
Council of Ministers’ Decree Council of Ministers’
Decree
IGA
HGA
Other Project Agreements
and
and
Transit Law
IGA
and
HGA
and
Other Project Agreements
Le
ga
l R
eg
ime
Confidential
Copyr
ight
© 2
017
by
Kolc
uoğul D
em
irkan K
oçaklı A
ttorn
eys
at
Law
A
ll rights
reserv
ed.
Non-Transit Crude Oil and Natural Gas Pipelines
Legal Regime:
Russia – Turkey Natural Gas Pipeline
Status Capacity
IGA dated 15 December 1997 Protocol dated 27 November 1999
Blue Stream Natural Gas Pipeline
In operation 16 bcm per annum
Constructed and being operated in the absence of an international agreement
Iran – Turkey Natural Gas Pipeline
In operation 14 bcm per annum
IGA dated 12 March 2001 Baku – Tbilisi – Erzurum
Natural Gas Pipeline In operation 20 bcm per annum
IGA dated 23 February 2003 Interconnector Turkey –
Greece (ITG) In operation
3 bcm per annum (maximum capacity: 11 bcm per annum)
IGA dated 27 August 1973 Addendum dated 30 July 1985 Amendment Agreement dated 19 September 2010
Kirkuk – Ceyhan Crude Oil Pipeline
In operation 70.9 million tons per annum
IGA dated 18 September 1984 In operation – This pipeline will be replaced by the TurkStream
14 bcm per annum Russia – Turkey
Natural Gas Pipeline
Blue Stream Natural Gas Pipeline
Iran – Turkey Natural Gas Pipeline
Baku – Tbilisi – Erzurum Natural Gas
Pipeline
Interconnector Turkey – Greece (ITG)
Kirkuk – Ceyhan Crude Oil Pipeline
Confidential
Copyr
ight
© 2
017
by
Kolc
uoğul D
em
irkan K
oçaklı A
ttorn
eys
at
Law
A
ll rights
reserv
ed.
Legal Regime Applicable to Non-Transit Pipelines
There is no specific law dealing with non-transit crude oil and natural gas pipelines.
The completed non-transit crude oil and natural gas pipelines were constructed under the auspices of different legal instruments.
Confidential
Copyr
ight
© 2
017
by
Kolc
uoğul D
em
irkan K
oçaklı A
ttorn
eys
at
Law
A
ll rights
reserv
ed.
Why an IGA and/or HGA for both Transit and Non-Transit Pipelines?
There is no specific law dealing with non-transit crude oil and natural gas pipelines.
IGA and/or HGA create the lex specialis for the relevant pipeline
The completed non-transit crude oil and natural gas pipelines were constructed under the auspices of different legal instruments.
Article 90 of the Turkish Constitution
Lex specialis derogate legi generali
Confidential
Copyr
ight
© 2
017
by
Kolc
uoğul D
em
irkan K
oçaklı A
ttorn
eys
at
Law
A
ll rights
reserv
ed.
The Israel – Europe Natural Gas Pipeline: What is the Proposed Route?
The proposed Israel – Europe Natural Gas Pipeline follows the route from Israel to Italy through Cyprus and Greece.
However, Turkey and Israel have been discussing construction of another natural gas pipeline from Israel to Turkey under the auspices of an international
agreement.
Confidential
Copyr
ight
© 2
017
by
Kolc
uoğul D
em
irkan K
oçaklı A
ttorn
eys
at
Law
A
ll rights
reserv
ed.
Your questions
Thank you
www.kolcuoglu.av.tr