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Embassy of Ukraine in the Republic of Singapore
Statement of Ukraine to the “Terms of reference for the monitoring of the transit of the
natural gas through Ukraine” signed on January 11, 2009
Sharing the goals of the above-mentioned Terms of Reference regarding the facilitation of Russian
natural gas transit to the consumers in the European Union and establishment of reliable mechanism
of monitoring of its transit through the territory of Ukraine, the Ukrainian Side herby states:
i)Ukraine has always been and remains a reliable transit-country and did not interrupt a transit of gas
to the EU Member-States;
ii) Ukraine did not recur to any non-contractual gas takeoffs in January 2009;
iii) Ukraine is not a debtor of OJSS “Gasprom” and has fixed its financial settlements for all gas
consumed;
iv) Ukraine did initiate the invitation of the European experts;
v) Ukraine has always been and remains a constructive party in the negotiations with the Russian
Federation on signing an agreement on supply and transit of natural gas in 2009 based on the
provisions of the Memorandum signed between the Prime-minister of Ukraine and the Prime-minister
of the Russian Federation in October 2008.
The Ukrainian Side, without detriment to the abovementioned rules of Procedure, proceeds from the
understanding that:
1. A subject of the regulation of the present Terms of Reference resides in the establishment of the
monitoring of the Russian natural gas supplies, including its transit through the territory of Ukraine.
2. The international monitoring group is of trilateral format and consists of experts from Ukraine, the
Russian Federation and the European Union including those experts, which had been defined by the
European Commission according to the Joint letter signed by the Government of Ukraine, the
European Commission and NJSC “Naftogas of Ukraine” in Brussels on January 8, 2009 and starting
from January 9, 2009 have been working on the territory of Ukraine.
3. The EU side shall ensure general coordination of activities of the observers from the EU Member-
States; those observers, including experts designated by the European companies shall report to the
EU Side. The Ukrainian Side emphasizes that OJSS “Gasprom” is a shareholder of some of those
companies, which could lead to a conflict of interests.
4. The mentioned Terms of Reference regulate the access of experts of the Trilateral monitoring group
exclusively to those underground gas storages located in Ukraine that are directly related to the transit
of Russian natural gas to consumers in the EU member-nations.
5. The incidence of future detailed Terms of Reference, which are to be additionally concluded by the
Parties, shall be applied to monitoring of the gas-metering stations on the territory of Ukraine, the gas-
metering stations on the territory of the Russian Federation and to monitor the gas-metering stations
on the territory of EU member-nations bordering Ukraine.
6. The transit of Russian natural gas to European consumers through the territory of Ukraine shall be
provided along with the delivery by the Russian Side of 6,4 billion m³/annum of the technological gas, i.
e. 21 million m³ daily.
7. These Terms of Reference shall remain in force for a period of 30 days. Subject to the agreement of
the Parties, this period if need arises can be prolonged for another 30 days.
On behalf of the Government of Ukraine
On behalf of the NJSC
natural gas through Ukraine” signed on January 11, 2009
Sharing the goals of the above-mentioned Terms of Reference regarding the facilitation of Russian
natural gas transit to the consumers in the European Union and establishment of reliable mechanism
of monitoring of its transit through the territory of Ukraine, the Ukrainian Side herby states:
i)Ukraine has always been and remains a reliable transit-country and did not interrupt a transit of gas
to the EU Member-States;
ii) Ukraine did not recur to any non-contractual gas takeoffs in January 2009;
iii) Ukraine is not a debtor of OJSS “Gasprom” and has fixed its financial settlements for all gas
consumed;
iv) Ukraine did initiate the invitation of the European experts;
v) Ukraine has always been and remains a constructive party in the negotiations with the Russian
Federation on signing an agreement on supply and transit of natural gas in 2009 based on the
provisions of the Memorandum signed between the Prime-minister of Ukraine and the Prime-minister
of the Russian Federation in October 2008.
The Ukrainian Side, without detriment to the abovementioned rules of Procedure, proceeds from the
understanding that:
1. A subject of the regulation of the present Terms of Reference resides in the establishment of the
monitoring of the Russian natural gas supplies, including its transit through the territory of Ukraine.
2. The international monitoring group is of trilateral format and consists of experts from Ukraine, the
Russian Federation and the European Union including those experts, which had been defined by the
European Commission according to the Joint letter signed by the Government of Ukraine, the
European Commission and NJSC “Naftogas of Ukraine” in Brussels on January 8, 2009 and starting
from January 9, 2009 have been working on the territory of Ukraine.
3. The EU side shall ensure general coordination of activities of the observers from the EU Member-
States; those observers, including experts designated by the European companies shall report to the
EU Side. The Ukrainian Side emphasizes that OJSS “Gasprom” is a shareholder of some of those
companies, which could lead to a conflict of interests.
4. The mentioned Terms of Reference regulate the access of experts of the Trilateral monitoring group
exclusively to those underground gas storages located in Ukraine that are directly related to the transit
of Russian natural gas to consumers in the EU member-nations.
5. The incidence of future detailed Terms of Reference, which are to be additionally concluded by the
Parties, shall be applied to monitoring of the gas-metering stations on the territory of Ukraine, the gas-
metering stations on the territory of the Russian Federation and to monitor the gas-metering stations
on the territory of EU member-nations bordering Ukraine.
6. The transit of Russian natural gas to European consumers through the territory of Ukraine shall be
provided along with the delivery by the Russian Side of 6,4 billion m³/annum of the technological gas, i.
e. 21 million m³ daily.
7. These Terms of Reference shall remain in force for a period of 30 days. Subject to the agreement of
the Parties, this period if need arises can be prolonged for another 30 days.
On behalf of the Government of Ukraine
On behalf of the NJSC