Foreign Carriers Struggle to Continue Flights
Before March 30, the Turkish Airlines and British Mediterranean Airways were conducting three flights a week to Tbilisi. But with the decision of the Georgian Civil Aviation Administration, their flights were limited to two a week until April 15, with following cancellation of their flight permissions. The Turkish company has suspended sales of its tickets in Georgia until the final decision on extension of the license is taken.
The Aviation Administration adopted the decision pursuant to the February 27 decree of the Parliament, according to which “the tax privileges to the Turkish and British companies lack the legal grounds”.
The Parliament maintains that 1992 agreement between Georgia and Turkey on civil aviation, which established the tax privileges for the Turkish company, was not ratified. Georgian Parliament also claims that according to the presidential decree, the foreign companies should pay a share from the ticket sales to the Georgian flagship Airzena company as a compensation for the sole-sided use of the Georgian air market.
However, Dicle Kopuz, Turkish Ambassador to Georgia, said that there were no legal reasons for suspending the flights of the Turkish company. She added that this problem is not coherent with “constructive and partnership nature of the relations of the two countries.”
Turkish Ambassador explains that according to Article 22 of the 1992 agreement, the document would have entered into force after exchange of the diplomatic notes regarding completion of ratification procedures of the two sides; no ratification by the parliament was foreseen.
“On November 23, 1993, the Turkish side received a note of the Georgian Foreign Ministry, informing that the procedures set forth in the Article 22, were completed. Thus the agreement has entered into force after reception of this note,” the Turkish envoy told the reporters on April 7.
Hence the Turkish Ambassador believes that all tax privileges of the Turkish Airlines are legally justified, as they were included in the 1992 agreement. Nevertheless the Georgian Parliament is strongly against withdrawal of its decision.
“The existing legislation clearly considers conclusion of agreements between the foreign airlines and the Georgian flagship company, which should serve as the basis for their cooperation. It does not change anything that we adopted the new constitution in 1995. They are obliged to conclude the agreement under the 1999 decree of the President,” Zviad Mukbaniani, chairman of the Parliament’s Foreign Relations Committee told Civil Georgia.
The Turkish side admits that it has stopped paying compensation to Airzena. “The Turkish company was paying royalties to Airzena until 2002, which has received the total sum of 3 million USD. But last year payment of royalties has stopped,” the Turkish Ambassador said.
She explained that this happened because of unequal conditions towards the Turkish company. “The Turkish Airlines was the only company which paid royalties to Airzena. But then it decided to stop payments as it appeared that nobody else was doing so,” Dicle Kopuz said.
Mukbaniani said that the Parliament keeps the February 27 decision in force and instructs the Foreign and Transport ministries to solve the issue as soon as possible.
“I hope that the issue will be solved promptly and the foreign companies will restore the legal right to resume their services. Otherwise the Parliament will not permit the regular flights,” Mukbaniani said. He could not clarify which companies would take on the flights in such case. “There are many other companies, which will be able to match the requirements and provide the flights,” Parliamentary Committee Chairman added.
The top management of the British Mediterranean Airways, which found itself in the similar situation, has already visited Tbilisi to solve the problem, but could not settle the dispute with the Georgian government.
Tamar Shanidze, Spokesperson for the British Mediterranean Airways Tbilisi Office told Civil Georgia that the Georgian and British sides have not reached the final agreement yet. “The company will discuss the issue in the nearest days and inform its decision to Tbilisi,” she said.
The British embassy in Georgia reports that ambassador Deborah Barnes Jones continues working closely with the State Minster Avtandil Jorbenadze, the Foreign Ministry MFA and other government representatives to resolve the problem.
By Giorgi Sepashvili, Civil Georgia
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