Ensuring transparency in trade defence proceedings is a major challenge because such proceedings process an important amount of confidential data. Both the World Trade Organization (WTO) Anti-Dumping Agreement and Community law contain a number of mechanisms that ensure transparency. The investigating authority’s duty to maintain a meaningful non- confidential file is a key element in this context. In June 2009, the European Commission has launched a policy initiative that aims not only at improving the quality of the non-confidential file but also at a number of other procedural ameliorations. The implementation of this initiative does not necessitate a legislative change nor does it touch on the balance between importing interests and interests of Community producers. Improvements that are applicable right from the launch of this initiative comprise inter alia guidelines as to how non-confidential summaries should be drafted and an index to the non-confidential file. An improved web page and electronic access to the non-confidential file are scheduled for the foreseeable future.
Global Trade and Customs Journal