AN
- 6 -
is no IATA agreement, such filings are standard practice. These filings
must be processed within the ASA deadlines and if automatic approval is to be
avoided, dissatisfaction must be expressed by the UK to the other government
(whether as a holding operation or as a fully considered decision). On receipt
of a note of dissatisfaction, even when expressed as a holding operation, the
recipient government may call for formal discussions and the UK must respond
within a reasonable period and be prepared to justify its action. If dissatifaction
is expressed, therefore, there must be a good case to argue; it is not adequate
merely to say that the necessary comments have not all been received or that,
for example, proposed increases are not welcome. Overseas territories must
bear in mind the UK's international obligations and that failure to respond
to requests for comment or the submission of comments opposing the proposed
tariffs without adequate reasons may result in the UK's hand being forced and
its having to withdraw an expression of dissatisfaction. The Authority is
aware that territiories
ometimes have problems in making an early response because
they feel they have inadequate information, and is considering with British Airways
what further cost and revenue data could be provided on these occasions
ons].
Cabotage Tariffs
(7
..
The procedures for establishing the cabotage tariffs between the UK and British
territories overseas are statutorily prescribed in the CAA Regulations (see para 1
above). Briefly, these provide for proposals to be published in the CAA Official
Record, a 21 day period from the date of pub
publication for objections or
representations to be submitted; a public hearing if an objection is received;
for publication of the Authority's decision (again in the Official Record); and a right of appeal to the Secretary of State against the Authority's decision.
If the proposal has been the subject of a public hearing, the Authority must also
publish a written decision and reasons. Any person may lodge an objection but
only certain parties (broadly UK airlines, other transport undertakings, and
aerodrome owners) have a right to be heard; the Authority may hear other objectors