The Government of the Republic of Uzbekistan and the Government of the Republic of Turkey (hereinafter referred to as “the Contracting Parties”), have agreed to amend the Air transport Agreement between the Government of the Republic of Uzbekistan and the Government of the Republic of Turkey, signed on June 23, 1994, hereinafter referred to as “the Agreement”, as follows:

To replace Article 6 “EXEMPTION FROM CUSTOMS AND OTHER DUTIES AND TAXES” of the Agreement as follows:

“1. Aircraft operated on international air services by the designated airlines or either Contracting Party, as well as their regular equipment, supplies of fuels and lubricants, and aircraft stores (including food, beverages and tobacco) on board, such aircraft shall be exempt from all customs duties, inspection fees and other duties or taxes on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft up to such time as they are re-exported or they are used on board aircraft on the part of the journey to be performed over that territory.

2. There shall also be exempt from the same duties and taxes, with the exception of charges corresponding to the service performed:

a) aircraft stores taken on board in the territory of either Contracting Party, within limits fixed by the authorities of said Contracting Party, and for use on board aircraft engaged in an international service of the other Contracting Party;

b) spare parts and regular equipment entered into the territory of either Contracting Party for the maintenance or repair of aircraft used on international services by the designated airline of other Contracting Party;

c) fuel and lubricants destined to supply aircraft operated on international services by designated airline of the other Contracting Party, even when these supplies are to be used on the part of the journey to be performed over the territory of the Contracting Party in which they are taken on board;

d) advertising materials (catalogues, price lists, commercial brochures, models, posters, brochures, etc.) bearing the sign of a foreign airline, shipping documents, electronic equipment for booking and communication and spare parts for them, furniture and items for equipment and activities of representations, delivered and delivering by the designated airline of one Contracting Party for its operational needs until such time as they are taken back or otherwise assigned in accordance with customs regulations.

Materials referred to in sub-paragraph (a), (b), (c) and (d) above may be required to be under Customs supervision or control.”.

To replace Paragraph 4 of Article 10 “CAPACITY PROVISION” of the Agreement as follows:

“4. In the operation of the agreed services, the total capacity to be provided and the frequency of the services to be operated by the designated airlines of each Contracting Party shall be, at the outset, be mutually determined by the aeronautical authorities of the Contracting Parties before the services are inaugurated. Such capacity and frequency of services initially determined may be reviewed and revised from time to time by the said authorities.”.

To replace Article 13 “ESTABLISHMENT OF TARIFFS” of the Agreement as follows:

“1. Each Contracting Party shall allow the tariffs for international air services operated to/from/through its territory to be established by the designated airlines at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit and the tariffs of other airlines. Intervention by the Contracting Parties shall be limited to:

a) prevention of unreasonably discrimination prices or practices;

b) protection of consumers from prices that are unreasonably high or restrictive due to the abuse of a dominant position; and

c) protection of airlines from prices that are artificially low due to direct or indirect governmental subsidy or support.

2. The tariffs established under Paragraph 1 shall not be required to be filed by the designated airlines of one Contracting Party with the aeronautical authorities of the other Contracting Party for approval.

3. Neither Contracting Party shall allow its designated airline or airlines, in the establishment of tariffs, either in conjunction with any other airline or airlines or separately, to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor, being designated airline of other Contracting Party, excluding or such a competitor from a route.

4. The Contracting Parties agree that the following airline practices, in relation to the establishment of tariffs, may be regarded as possible unfair competitive practices which may merit closer examination:

a) charging fares and rates on routes at levels which are, in the aggregate, insufficient to cover the costs of providing the services to which they relate;

b) the practices in question are sustained rather than temporary;

c) the practices in question have a serious economic effect on, or cause significant damage to designated airlines of the other Contracting Party; and

d) behavior indicating an abuse of dominant position on the route.

5. In the event that either aeronautical authority is dissatisfied with a tariff proposed or in effect for an airline of the other Contracting Party, the aeronautical authorities will endeavor to settle the matter through consultations, if so requested by either authority. In any event, the aeronautical authority of a Contracting Party shall not take unilateral action to prevent the coming into effect or continuation of a tariff of an airline of the other Contracting Party.

6. Notwithstanding the foregoing, the designated airlines of one Contracting Party shall provide, on request, to the aeronautical authorities of the other Contracting Party the information relating to the establishment of the tariffs, in a manner and format as specified by such authorities.

7. No Contracting Party shall impose on the other Contracting Partyʼs designated airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency or traffic that would be inconsistent with the purposes of this Agreement.”.

The present Protocol is an integral part of the Agreement and shall enter into force on the date of the last written notification through diplomatic channels, confirming that the Contracting Parties have fulfilled all internal procedures necessary for entry into force of the present Protocol.

The present Protocol shall cease to be effective at such time as the Agreement ceases to be effective in accordance with Article 18 of the Agreement.

Done at Tashkent on 30 April 2018 in duplicate, each in the Uzbek, Turkish and English languages, all texts being equally authentic.

In case of any divergence of interpretation, the English text shall prevail.