HotDog
19th Sep 2003, 17:06
South China Morning Post:
Friday, September 19, 2003
British officials bullish on air deal
Negotiators believe talks can succeed despite EU reservations over the legality of the discussions
JOSEPH LO
British officials are still optimistic that an expanded air services agreement will be sealed with Hong Kong next week.
They were speaking after the European Commission questioned the British government's mandate to negotiate, and amid opposition from some airlines to a new pact.
British and Hong Kong officials are scheduled to meet on Thursday and Friday to discuss Virgin Atlantic Airways' request to operate flights between Hong Kong and Sydney, and Cathay Pacific's demand for reciprocal rights to fly between London and New York.
But a shadow has been cast over the talks by a European Court ruling, handed down late last year, which requires a pan-EU nationality clause to be included in any such deals. This means all EU carriers would be entitled to the same rights as those granted by Hong Kong to a British airline.
British diplomats have denied that concerns over the legality of the discussions would impede the two sides from reaching a deal.
"The Hong Kong [negotiators] are fully aware of the position and have agreed to enter into negotiations with the UK on this basis," a diplomat said.
He pointed to a draft regulation from a June meeting of EU transport ministers which says member states can continue to conduct bilateral negotiations under certain conditions.
Hong Kong negotiators said they were worried because such a pan-EU clause would guarantee access to Chek Lap Kok for all EU carriers, even while some EU states, such as Italy, restrict flights by Hong Kong airlines.
Industry consultants in Britain confirmed that the commission had written to every major EU air-services partner to explain the new situation, mainly to persuade them to include a pan-EU nationality clause in any deal.
They said it was unlikely the EU would challenge a deal between Britain and Hong Kong. "I think the pressure is partly for show, rather than real," a consultant said.
Since the June meeting, Britain has concluded air services pacts with South Africa and Qatar. Qatar agreed to accept any EU carrier wanting the same traffic rights as the British. Even though South Africa did not do the same, the deal was signed nonetheless and the commission has so far not moved to stop it, he said.
The likelihood of a deal may depend on whether Hong Kong accepts the South African pact as sufficient precedent. Cathay's general manager of international affairs, Andrew Pyne, said: "I hope the precedent set by South Africa is a solid one."
While Cathay and Virgin are expected to be the main protagonists at the meeting, British Airways, Dragonair and DHL Air UK - the express carrier's British subsidiary - are also involved.
Dragonair chief executive Stanley Hui declined to comment on reports it was trying to delay a deal with Britain until after negotiations in November between Australia and Hong Kong. Those talks could determine whether the airline gets to fly the Hong Kong-Sydney route.
Hope it comes off, with Ansett gone it is extremely difficult to get a seat with an ID ticket. I bet this report wasn't Dixon's morning coffee either.:{
Friday, September 19, 2003
British officials bullish on air deal
Negotiators believe talks can succeed despite EU reservations over the legality of the discussions
JOSEPH LO
British officials are still optimistic that an expanded air services agreement will be sealed with Hong Kong next week.
They were speaking after the European Commission questioned the British government's mandate to negotiate, and amid opposition from some airlines to a new pact.
British and Hong Kong officials are scheduled to meet on Thursday and Friday to discuss Virgin Atlantic Airways' request to operate flights between Hong Kong and Sydney, and Cathay Pacific's demand for reciprocal rights to fly between London and New York.
But a shadow has been cast over the talks by a European Court ruling, handed down late last year, which requires a pan-EU nationality clause to be included in any such deals. This means all EU carriers would be entitled to the same rights as those granted by Hong Kong to a British airline.
British diplomats have denied that concerns over the legality of the discussions would impede the two sides from reaching a deal.
"The Hong Kong [negotiators] are fully aware of the position and have agreed to enter into negotiations with the UK on this basis," a diplomat said.
He pointed to a draft regulation from a June meeting of EU transport ministers which says member states can continue to conduct bilateral negotiations under certain conditions.
Hong Kong negotiators said they were worried because such a pan-EU clause would guarantee access to Chek Lap Kok for all EU carriers, even while some EU states, such as Italy, restrict flights by Hong Kong airlines.
Industry consultants in Britain confirmed that the commission had written to every major EU air-services partner to explain the new situation, mainly to persuade them to include a pan-EU nationality clause in any deal.
They said it was unlikely the EU would challenge a deal between Britain and Hong Kong. "I think the pressure is partly for show, rather than real," a consultant said.
Since the June meeting, Britain has concluded air services pacts with South Africa and Qatar. Qatar agreed to accept any EU carrier wanting the same traffic rights as the British. Even though South Africa did not do the same, the deal was signed nonetheless and the commission has so far not moved to stop it, he said.
The likelihood of a deal may depend on whether Hong Kong accepts the South African pact as sufficient precedent. Cathay's general manager of international affairs, Andrew Pyne, said: "I hope the precedent set by South Africa is a solid one."
While Cathay and Virgin are expected to be the main protagonists at the meeting, British Airways, Dragonair and DHL Air UK - the express carrier's British subsidiary - are also involved.
Dragonair chief executive Stanley Hui declined to comment on reports it was trying to delay a deal with Britain until after negotiations in November between Australia and Hong Kong. Those talks could determine whether the airline gets to fly the Hong Kong-Sydney route.
Hope it comes off, with Ansett gone it is extremely difficult to get a seat with an ID ticket. I bet this report wasn't Dixon's morning coffee either.:{