For several years, amfori has proposed that the EU should introduce a system similar to that which exists in the US, the Administrative Protective Order (APO). In brief, this provides interested parties – who could be affected by the decisions of investigations – to have access to confidential information collected on condition of non-disclosure. This allows a proper check on how the authorities conduct investigations and how they reach decisions. The idea found favour with the previous Trade Commissioner, Cecelia Malmstrom, but issues such as the discussion on China’s market economy status and the modernisation of the anti-dumping legislation prevented any progress.
Recently, EU Trade Commissioner, Phil Hogan, announced a number of improvements to the transparency of anti-dumping and anti-subsidy investigations. However, these were very minor and will have little impact. For this reason, amfori has taken the opportunity to revise its position paper on APO and send it to Commissioner Hogan.
Stuart Newman, Senior Legal Advisor – Trade & Customs