Article 3 United Kingdom interestF5

A determination of the F1United Kingdom interest for the purpose of point (b) of Article 13(2) shall be made by the F2Secretary of State based on an appreciation of all the various interests, which are relevant in the particular situation, taken as a whole. When determining the United Kingdom interest, priority shall be given to the need to protect consumer interests and to maintain a high level of connectivity for passengers and for the United Kingdom. In the context of the whole aviation chain, the Secretary of State may also take into account relevant social factors. The Secretary of State shall also take into consideration the need to eliminate the practice distorting competition, to restore effective and fair competition, and to avoid any distortion to the internal market.

The United Kingdom interest shall be determined on the basis of an economic analysis by the Secretary of State. The Secretary of State shall base that analysis on information collected from the interested parties. When determining the United Kingdom interest, the Secretary of State shall also seek any other relevant information that F3the Secretary of State considers to be necessary, and shall, in particular, take into consideration the factors set out in Article 12(1). Information shall be taken into account only where it is supported by actual evidence which substantiates its validity.

A determination of the United Kingdom interest for the purpose of point (b) of Article 13(2) shall only be made where all interested parties have been given the opportunity to make themselves known, to present their views in writing, to submit information to the Secretary of State or to apply to be heard by the Secretary of State, in accordance with the time limits specified in point (b) of Article 4(8). Requests for a hearing shall outline the reasons pertaining to the United Kingdom interest in relation to which the parties wish to be heard.

The interested parties referred to in paragraphs 2 and 3 of this Article may request that the facts and considerations on which decisions are likely to be based are made available to them. Such information shall be made available to the extent possible, in accordance with Article 8, and without prejudice to any subsequent decision taken by the Secretary of State.

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