On the signing of the Agreement between the Government of the Republic of Kazakhstan and the European Union on certain aspects of air transportation
Resolution of the Government of the Republic of Kazakhstan dated March 13, 2026, No. 170
The Government of the Republic of Kazakhstan RESOLVES:
1. To approve the attached draft Agreement between the Government of the Republic of Kazakhstan and the European Union on certain aspects of air transportation.
2. Authorize the Minister of Transport of the Republic of Kazakhstan, Nurlan Yermekovich Sauranbayev, to sign, on behalf of the Government of the Republic of Kazakhstan, the Agreement between the Government of the Republic of Kazakhstan and the European Union on certain aspects of air transportation, authorizing the introduction of amendments and additions that do not have a fundamental nature.
3. This resolution shall enter into force on the date of its signing.
Prime Minister of the Republic of Kazakhstan
O. Bektenov
Approved by Resolution No. 170 of the Government of the Republic of Kazakhstan dated March 13, 2026.
Project
Agreement between the Government of the Republic of Kazakhstan and the European Union on certain aspects of air transport
The Government of the Republic of Kazakhstan, on the one hand, and the European Union, on the other hand, hereinafter referred to as the “Contracting Parties”,
emphasizing that, in accordance with the laws of the European Union, European Union air carriers established in a member state of the European Union have the right to non‑discriminatory access to air routes between the member states of the European Union and third countries,
Recognizing that the European Union has proposed to bring certain provisions of bilateral air service agreements between the Government of the Republic of Kazakhstan and the member states of the European Union into line with European Union law, in order to create a solid legal basis for air service between the Republic of Kazakhstan and the European Union and to ensure the continuity of such air service,
Recognizing that all issues related to bilateral air service agreements between the Government of the Republic of Kazakhstan and the member states of the European Union must comply with the applicable laws of the Contracting Parties,
Emphasizing that the objectives of the European Union in this Agreement are not to increase the total volume of air traffic between the Republic of Kazakhstan and the European Union, to influence the balance between the airlines of the Republic of Kazakhstan and the airlines of the European Union, or to conduct negotiations to amend the provisions of existing bilateral air service agreements concerning carriage rights.
Emphasizing that the bilateral air service agreements listed in Appendix 1 to this Agreement are based on the general principle that the designated airlines of the Contracting Parties should have fair and equal opportunities when operating contractual routes, and that influencing this principle is not the purpose of this Agreement,
have agreed as follows:
Article 1. General Provisions
1. For the purposes of this Agreement:
a) “Member State” means a Member State of the European Union;b) “Party” means a Contracting Party to the relevant bilateral agreement or other arrangement listed in Appendix 1 to this Agreement;c) “Air Operator” also means an airline.
2. References in each of the agreements and other arrangements listed in Appendix 1 to this Agreement to citizens of a member state that is a party to this Agreement should be understood as referring to citizens of member states.
3. References in each of the agreements and other arrangements listed in Appendix 1 to this Agreement to an air enterprise or airline of a member state that is a party to this Agreement should be understood as references to air enterprises designated by that member state.
4. This Agreement does not create additional rights to transportation that go beyond those established in the agreements listed in Appendix 1 to this Agreement, and does not change the number of air carriers that may be designated in accordance with bilateral agreements. The granting of transportation rights will continue to be based on bilateral agreements.
Article 2. Appointment
1. The provisions of paragraphs 2, 3, 4 and 5 of this article replace the corresponding provisions listed in paragraphs a) and b) of Appendix 2 to this Agreement regarding the appointment of an airline by the Government of the Republic of Kazakhstan or the relevant member state and its powers and permits granted by the Government of the Republic of Kazakhstan or the relevant member state, as well as the refusal, revocation, suspension or restriction of the powers or permits of airlines, respectively.
2. Upon receiving the designation of the member state and applications from the designated airline in the prescribed form and manner, the Government of the Republic of Kazakhstan issues the relevant powers and permits with minimal procedural delay, provided that:
i) the airline is established
ii) effective regulatory control over the airline is exercised and maintained by the Member State responsible for issuing the operator’s certificate, and the relevant aviation authorities are clearly designated;
iii) the airline is directly or indirectly owned and effectively controlled by Member States and (or) citizens of Member States, and (or) other States listed in Annex 2 to this Agreement, and (or) citizens of such other States.
3. Upon receiving the appointment from the Government of the Republic of Kazakhstan and applications from the designated airline in the established form and manner, the member state grants the relevant powers and permits with minimal procedural delay, provided that:
i) the airline is established on the territory of the Republic of Kazakhstan and has a valid operating license issued by the Republic of Kazakhstan;
ii) effective regulatory control over the airline is exercised and maintained by the Government of the Republic of Kazakhstan; and
iii) the airline is directly or indirectly owned and effectively controlled by the Republic of Kazakhstan and (or) by citizens of the Republic of Kazakhstan.
4. The Government of the Republic of Kazakhstan may refuse, revoke, suspend, or restrict the powers or permissions of an airline designated by a member state if:
i) the airline is not registered in accordance with the Treaty on the Functioning of the European Union on the territory of the designating member state or does not have a valid operating licence in accordance with European Union law; or
ii) effective regulatory control over the airline is not exercised or maintained by the Member State responsible for issuing the operator’s certificate, or the relevant aviation authorities are not clearly designated; or
iii) the airline is not directly or indirectly owned or effectively controlled by Member States and (or) citizens of Member States, and (or) by other States listed in Annex 2 to this Agreement, and (or) by citizens of such other States; or
iv) the airline is already authorized to carry out activities in accordance with a bilateral agreement between the Government of the Republic of Kazakhstan and another member state, and it can prove that, by exercising its rights to transport on a route that includes a point in that other member state — including the operation of contractual services that are implemented or otherwise provided through services — the airline is circumventing the restrictions on transport rights imposed by the bilateral agreement between the Government of the Republic of Kazakhstan and that other member state; or
v) The airline has an air operator’s certificate issued by a member state, and there is no bilateral air service agreement or other arrangements between the Government of the Republic of Kazakhstan and that member state; and that member state has denied carriage rights to airlines designated by the Government of the Republic of Kazakhstan.
In exercising its right under this clause, the Government of the Republic of Kazakhstan undertakes not to discriminate between air carriers of the European Union on the basis of citizenship.
5. A Member State may refuse, revoke, suspend, or restrict the powers or permits of an air carrier designated by the Government of the Republic of Kazakhstan if:
i) the air carrier is not registered on the territory of the Republic of Kazakhstan or does not have a valid operating license issued by the Republic of Kazakhstan; orii) effective regulatory control over the air carrier is not exercised or maintained by the Government of the Republic of Kazakhstan; or
iii) the airline is not directly or indirectly owned or effectively controlled by the Republic of Kazakhstan and (or) by citizens of the Republic of Kazakhstan.
Article 3. Safety
1. The provisions of paragraph 2 of this article supplement the relevant provisions listed in paragraph c) of Appendix 2 to this Agreement.
2. If a member state has designated an air enterprise whose regulatory management is carried out and controlled by another member state, the rights of the Government of the Republic of Kazakhstan under the safety provisions of the Agreement between the Government of the Republic of Kazakhstan and the member state that designated the air enterprise shall be applied equally with respect to the adoption, application and monitoring of compliance with safety standards by that other member state, as well as with respect to the authorization to operate such an air enterprise.
Article 4. Appendices to the Agreement
The Appendices to this Agreement are integral parts thereof.
Article 5. Consultations, Review, or Amendment
1. The Contracting Parties may at any time review or amend this Agreement by mutual agreement.
2. The Contracting Parties shall monitor and regularly review the implementation.
3. At the request of any Contracting Party, the Contracting Parties shall hold consultations to discuss appropriate measures to address such unforeseen negative consequences, after which the Agreement may be revised or amended. Such consultations shall be held within 60 days from the date of the request by any Contracting Party.
Article 6. Entry into Force
1. Each Contracting Party shall send a notification through diplomatic channels to the other Contracting Party confirming that its internal procedures necessary for the entry into force of this Agreement have been completed.
2. This Agreement enters into force on the first day of the second month following the month in which the last notification provided for in paragraph 1 of this article was received.
3. The notifications provided for in paragraph 1 of this article are sent to the Ministry of Transport of the Republic of Kazakhstan and the General Secretariat of the Council of the European Union, or their respective successors.
4. The agreements and other arrangements between the Republic of Kazakhstan and the member states that have not yet entered into force as of the date of signing of this Agreement and are not being applied provisionally are listed in paragraph b) of Appendix 1 to this Agreement. This Agreement applies to all such agreements and arrangements after they enter into force or are applied provisionally.
Article 7. Termination
1. Each Contracting Party may at any time notify in writing through diplomatic channels of its decision to terminate this Agreement. In such a case, the Agreement ceases to be in force six months after the date of receipt of the notice by the other Contracting Party, unless the notice of termination is revoked before the expiration of such period.
2. If the Agreement specified in Appendix 1 to this Agreement ceases to be in force, the provisions of this Agreement shall cease to apply to such Agreement from the date of such cessation. References in this Agreement to the terminated agreement shall be deemed invalid from that date.
3. In the event that all agreements listed in Appendix 1 to this Agreement cease to be in effect, this Agreement shall terminate on the date when the last such Agreement ceases to be in effect.
Done in two copies in Kazakh, Russian, Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish; all texts are equally authentic.
In witness whereof, the undersigned, duly authorized thereto, have signed this Agreement.
Done in the city of _____________ on “____” _________ 20_ year.
For the Government
For the European Union
of the Republic of Kazakhstan
Annex 1 to the Agreement between the Government of the Republic of Kazakhstan and the European Union on certain aspects of air transport
List of agreements and other arrangements referred to in Article 1 of the Agreement between the Government of the Republic of Kazakhstan and the European Union on certain aspects of air transport
a) Agreements and other arrangements between the Government of the Republic of Kazakhstan and the member states that, as of the date of signing the Agreement between the Government of the Republic of Kazakhstan and the European Union on certain aspects of air transport (hereinafter referred to as the Agreement), have entered into force or are temporarily applied, with amendments:
The Agreement between the Government of the Republic of Kazakhstan and the Federal Government of Austria on air communication, signed in Almaty on April 26, 1993, referred to as the “Kazakhstan–Austria Agreement” in Appendix 2 to the Agreement.
A memorandum of understanding in the field of air transport between the aviation authorities of the Republic of Kazakhstan and the aviation authorities of the Republic of Cyprus, signed in Astana on March 25, 2024, referred to as the “Memorandum of Understanding between Kazakhstan and Cyprus” in Appendix 2 to the Agreement.
Memorandum of Understanding between the delegations representing the aviation authorities of the Czech Republic and the Republic of Kazakhstan, signed in Nassau, Bahamas, on December 6, 2016, referred to as the “Memorandum of Understanding between Kazakhstan and the Czech Republic” in Appendix 2 to the Agreement.
The Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on air services, signed in Bonn on March 15, 1996, referred to as the “Kazakhstan–Germany Agreement” in Appendix 2 to the Agreement.
The Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Hungary on air communication, signed in Almaty on March 9, 1995, referred to as the “Kazakhstan–Hungary Agreement” in Appendix 2 to the Agreement.
The Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Lithuania on air services, signed in Vilnius on July 21, 1993, referred to as the “Kazakhstan–Lithuania Agreement” in Appendix 2 to the Agreement.
Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Poland
Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Finland on air services, signed in Almaty on February 7, 1996, referred to as the “Kazakhstan–Finland Agreement (1996)” in Appendix 2 to the Agreement.
b) Agreements on air services between the Government of the Republic of Kazakhstan and member states that, as of the date of signing the Agreement, have not yet entered into force and are not temporarily applied, with amendments:
The Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Belgium on air services, signed in Brussels on June 27, 2000, referred to as the “Kazakhstan–Belgium Agreement” in Appendix 2 to the Agreement.
The Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Bulgaria on air communication between their respective territories and beyond, signed in Sofia on September 15, 1999, referred to as the “Kazakhstan–Bulgaria Agreement” in Appendix 2 to the Agreement.
The Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Finland on air services, signed in Astana on May 16, 2018, referred to as the “Kazakhstan–Finland Agreement (2018)” in Appendix 2 to the Agreement.
The Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Estonia on air services, initialed in Astana on April 26, 2001, referred to as the “Kazakhstan–Estonia Agreement” in Appendix 2 to the Agreement.
The Agreement between the Government of the Republic of Kazakhstan and the Government of the French Republic on air services, signed in Astana on June 21, 2016, referred to as the “Kazakhstan–France Agreement” in Appendix 2 to the Agreement.
The Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of the Netherlands on air services, signed in The Hague on November 27, 2002, referred to as the “Kazakhstan–Netherlands Agreement” in Appendix 2 to the Agreement.
The Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Latvia on air communication, signed in Almaty on May 19, 1998, referred to as the “Kazakhstan–Latvia Agreement” in Appendix 2 to the Agreement.
The Agreement between the Government of the Republic of Kazakhstan and the Government of the Grand Duchy of Luxembourg on air services, signed in Astana on May 21, 2015, referred to as the “Kazakhstan–Luxembourg Agreement” in Appendix 2 to the Agreement.
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Appendix 2 to the Agreement between the Government of the Republic of Kazakhstan and the European Union on certain aspects of air transport.
List of annexes to agreements and other arrangements listed in Appendix 1 and mentioned in Articles 2 and 3 of the Agreement between the Government of the Republic of Kazakhstan and the European Union on certain aspects of air transport
a) Purpose, powers and permissions:
Article 3 of the Kazakhstan–Austria Agreement;
Article 3 of the Kazakhstan–Belgium Agreement;
Article 4 of the Kazakhstan–Bulgaria Agreement;
Point 1 of the Memorandum of Understanding between Kazakhstan and Cyprus;
Point 2 of the Memorandum of Understanding between Kazakhstan and the Czech Republic;
Article 3 of the Kazakhstan–Denmark Agreement;
Article 3 of the Kazakhstan–Estonia Agreement;
Article 4 of the Kazakhstan–France Agreement;
Article 3 of the Kazakhstan–Finland Agreement (1996).
Article 3 of the Kazakhstan–Finland Agreement (2018);
Article 3(2) of the Kazakhstan–Germany Agreement, despite the reference to the provisions of Article 3(3);
Article 3 of the Kazakhstan–Hungary Agreement;
Article 3 of the Kazakhstan–Netherlands Agreement;
Article 3 of the Kazakhstan–Latvia Agreement;
Articles 4(1) and (2) of the Kazakhstan–Lithuania Agreement.
Article 3 of the Kazakhstan–Luxembourg Agreement;
Article 3 of the Kazakhstan–Polish Agreement;
Article 3 of the Kazakhstan–Swedish Agreement.
b) Refusal, revocation, suspension or restriction of powers or permits:
Articles 3(3) and (5) and 4(1) of the Kazakhstan–Austrian Agreement;
Article 5(1) of the Kazakhstan–Belgian Agreement;
Paragraph 1 of the Memorandum of Understanding between Kazakhstan and Cyprus;
Paragraph 2 of the Memorandum of Understanding between Kazakhstan and the Czech Republic;
Article 5(1) of the Kazakhstan–Bulgaria Agreement;
Article 4 of the Kazakhstan–Denmark Agreement;
Article 3(1) of the Kazakhstan–Estonia Agreement;
Article 5(1) of the Kazakhstan–France Agreement.
Article 4(1) of the Kazakhstan–Finland Agreement (1996);
Article 4(1) of the Kazakhstan–Finland Agreement (2018);
The first sentence of Article 4 of the Kazakhstan–Germany Agreement – only within the limits of the conditions for refusal, revocation, suspension or restriction of powers or permits provided for in Article 2(4) and 2(5) of this Agreement;
Article 4(1) of the Kazakhstan–Hungary Agreement.
Article 4(1) of the Kazakhstan–Netherlands Agreement;
Articles 3(4) and 4(1) of the Kazakhstan–Latvia Agreement;
Articles 4(3) and (5) and 5(1) of the Kazakhstan–Lithuania Agreement;
Article 4(1) of the Kazakhstan–Luxembourg Agreement;
Article 4(1) of the Kazakhstan–Poland Agreement;
Article 4 of the Kazakhstan–Sweden Agreement.
c) Security:
Article 7 of the Kazakhstan–Belgium Agreement;
Article 12 of the Kazakhstan–Estonia Agreement;
Article 6 of the Kazakhstan–Finland Agreement.
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