Translation of "Ministère de l'Agriculture des Etats-Unis " (French → English) :

The US delegation explained that these constraints do not preclude representatives advising the DOT decision-maker in an active proceeding from discussing with representatives of the Commission such matters as (1) the state of competition in any markets based upon non-confidential data; (2) the impact of existing alliances or other cooperative ventures and the results of previously imposed conditions or other limitations to address competition issues; (3) general approaches to competition analysis or methodology; (4) past cases, including records and decisions; (5) substantive law, policies, and procedures applicable to any cases; ( ...[+++]6) issues that might be raised by potential cases that have not been formally initiated, so long as DOT representatives do not ‘prejudge’ the facts or results of such cases; and (7) in active proceedings, what issues have already been raised by the parties and what non-confidential evidence has been provided for the record, again up to the point of potential ‘prejudgment’ of the facts and outcome.

The US delegation explained that these constraints do not preclude representatives advising the DOT decision-maker in an active proceeding from discussing with representatives of the Commission such matters as (1) the state of competition in any markets based upon non-confidential data; (2) the impact of existing alliances or other cooperative ventures and the results of previously imposed conditions or other limitations to address competition issues; (3) general approaches to competition analysis or methodology; (4) past cases, including records and decisions; (5) substantive law, policies, and procedures applicable to any cases; ( ...[+++]6) issues that might be raised by potential cases that have not been formally initiated, so long as DOT representatives do not ‘prejudge’ the facts or results of such cases; and (7) in active proceedings, what issues have already been raised by the parties and what non-confidential evidence has been provided for the record, again up to the point of potential ‘prejudgment’ of the facts and outcome.

23. The delegations expressed their satisfaction with the cooperation between the US Department of Transportation and the European Commission, as provided for in the Agreement, with the shared objective of improving each other’s understanding of the laws, procedures and practices of each other’s competition regimes and the impact that developments in the air transportation industry have had, or are likely to have, on competition in the sector.

The US delegation indicated that the proceedings covered by Annex 2 to the Agreement are adjudications under US law and are subject to statutory, regulatory and judicial constraints to ensure that the agency decision is based only on the information that is included in the docket of the proceeding, including public information that the DOT has determined is officially noticeable, on which the parties have had an opportunity to comment before final agency decision.

The cooperation as set forth in this Annex shall be implemented by the Department of Transportation of the United States of America and the Commission of the European Communities (hereinafter referred to as the Participants), consistent with their respective functions in addressing competition issues in the air transportation industry involving the United States and the European Community.

(3) On the basis of information collected in the United States of America during a mission carried out by the Food and Veterinary Office (FVO) in March 2000, and supplied by the Animal and Plant Health Inspection Service of the United States Department of Agriculture, it appears that new infestations of Xanthomonas campestris, strains pathogenic to Citrus were detected in Broward, Hendry and Hillsborough Counties in Florida; therefore the said counties should be deleted from the list of areas recognised in Florida as being free of Xanthomonas campestris (all strains pathogenic to Citrus).