ENERGY-ARGENTINA:
The State
Jumps Back into the Market
Marcela Valente
BUENOS AIRES, (IPS) - A decade after the controversial privatisation of
Argentina's oil, gas and power industries, the state is staging a return
to the energy sector with a new company created to influence a market
controlled by a handful of mainly foreign companies.
After five months of debate, Congress approved last week a bill
introduced by the government of President Néstor Kirchner to create the
Energía Argentina Sociedad Anónima (Enarsa) company.
Fifty-three percent of shares in the new firm will be in the hands of
the state, 12 percent will be held by the provinces, and the remaining
35 percent will belong to private investors.
Economist Aldo Ferrer, the future director
of the new company, told IPS that Enarsa ”is emerging with all of
the authority required to influence every link in the energy chain.
If it does a good job and its projects are top-quality, it will be
an important company.”
According to article four of the new law, Enarsa will have the
capacity ”to intervene in the market in order to prevent situations
of abuse arising from the monopoly or oligopoly position” of
companies.
”A state-run company is always a factor leading to a realignment of
the market,” said Ferrer.
The idea to create the new company was announced last May as part of
the centre-left government's plan for investments aimed at dealing
with the energy crisis, whose effects have been felt since April,
when restrictions of natural gas supplies and electricity went into
effect.
In the 1990s, the government of Carlos Menem (1989-1999) privatised
most of Argentina's public enterprises, including utilities like
water, power, gas and telecommunications, as well as the oil
company, Yacimientos Petrolíferos Fiscales (YPF).
YPF was South America's third largest state-run oil company, after
Petróleos de Venezuela (PDVSA) and Brazil's Petrobras. But 11 years
ago, YPF was put up for tender and acquired by the Spanish oil group
Repsol.
After nearly four years of recession and outright collapse, the
Argentine economy, Latin America's third largest, began to recover
in early 2003.
As a result, demand for natural gas, which is used to generate
electricity for industry and residential areas alike in Argentina,
began to rise. A year later, the first shortages began to be felt.
Kirchner accused the privatised natural gas companies of investing
only in pipelines to carry the fuel to the more profitable markets
abroad, rather than insuring supplies to the local market and
expanding the areas covered by the local grid, as the National Law
on Hydrocarbons stipulates.
The drop in supplies slowed down the recovery of economic activity
and triggered a row with neighbouring Chile, the main buyer of
Argentina's natural gas, when the Kirchner administration restricted
exports despite the resistance put up by the gas companies.
It was against that backdrop that the government decided to create
Enarsa, which will explore, exploit, produce, generate, transport,
distribute and market petroleum, natural gas, electricity, coal,
nuclear energy and alternative sources. It will also sell energy on
the domestic and international markets.
In addition, the company will hold the permits to explore and
exploit all offshore concessions that have not yet been awarded.
”All countries have at least one of the two main elements that
insure control over their energy resources,” said Ferrer. ”The first
is the regulatory framework for the sector, and the second is the
company itself. Argentina will now once again have both.”
The bill to set up Enarsa drew criticism and sparked heated debate.
Lawmakers in favour of free-market policies argued that the creation
of a state-owned company represents a setback with respect to the
1990s, when public enterprises were privatised under the argument
that they were loss-making and inefficient.
Meanwhile, centre-left legislators applauded the founding of Enarsa,
although a few voiced misgivings. Parliamentary Deputy Claudio
Lozano, who belongs to the Central de Trabajadores Argentinos (CTA)
trade union federation, expressed concern over the projected future
growth of the private sector's share in the company.
If the proportion of shares held by the state shrinks, as occurred
in the case of other mixed ventures which followed that route to
privatisation, the private capital participating in Enarsa would
gain access to offshore drilling ventures, which are currently
off-limits to private companies.
For that reason, among the proposed modifications of the original
version of the bill, Lozano suggested the incorporation of the
obligation that the state retain a controlling share of the company,
and a slightly weakened version of that clause was approved.
The creation of Enarsa was also backed by members of MORENO, the
”movement for the recovery of Argentina's energy sovereignty”, which
wants energy companies to be put back in state hands, on the grounds
that hydrocarbons are a strategic resource. However, the group did
criticise a few aspects of the new law.
Gustavo Callejas, a member of MORENO, commented to IPS that the new
company should be completely state-owned.
In addition, he said, it should receive not only the areas that have
not yet been granted in concession, but those that have already been
tendered out and whose concessionaires have failed to live up to the
terms of their contracts -- which describes a majority of the
concessions, in his view.
Callejas noted that the hydrocarbons industry in Argentina is
dominated by just a few companies, which control 90 percent of the
production of gas and oil. Moreover, many of them have an influence
over every stage of the process -- from pumping to selling fuel
domestically and abroad.
Those companies are Spain's Repsol, the biggest exporter of
Argentina's gas and oil reserves, Petrobras from neighbouring
Brazil, Pan American Energy (which includes British Petroleum-Amoco
and the Argentine company Bridas), France's Total, and another
Argentine firm, Techint.
”As long as those companies control the business, a barrel of oil,
which costs 4.50 dollars to produce, will sell for 30, 40 or 50
dollars on the internal market, in line with international prices,”
complained Callejas.
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