Brussels                                                                                                8 January 2009

With the aim to ensure energy security of Europe and reliable transit of natural gas through the territory of Ukraine the Parties to this Protocol have agreed the following:

1. To establish an International expert commission on transit of natural gas through the territory of Ukraine (hereinafter referred to as "Commission") consisting of representatives of Ministry of energy of Russia, Ministry of fuel and energy of Ukraine, European Commission and gas producers, purchasers, transporters and independent experts-

2. Each Party appoints one representative to the Commission and notifies other Parties about such appointment.

3. Commission is established to perform the following functions and tasks:

·  Control of performance of contractual obligations on transit of natural gas through the territory of Ukraine;

·  Monitoring of technical state of gas transport system (GTS) of Ukraine, including underground gas storages (UGS), located on the territory of Ukraine;

·  Consideration of other issues and elaboration of recommendations and proposals on optimization of transit of natural gas through the territory of Ukraine.

4. Commission, and its representatives are vested hereby with authorities necessary for fulfillment of above mentioned aims, functions and tasks, including with an authority of free access to documents and objects of GTS of Ukraine, including UGSs of Ukraine.

5. After the formation of the Commission is completed, the Commission will determine the order of its further activity.