Brussels starts an investigation in order to verify if two harbour terminalisti of Antwerp have obtained aids of State illicitly



The EU commission has started a groundbreaking investigation in order to ascertain if the reduction of the amount of amounts due from two terminaliste societies to the Harbour Authority of Antwerp has given to the two harbour operators a treacherous advantage regarding their competitors, in violation of the communitarian norms in matter of aids of State.

The investigation, started as a result of the introduced denunciation by a company concurrent, regards society PSA Antwerp NV of entire property of terminalista group PSA International of Singapore and the society Antwerp Gateway NV that is participated to 42.5% from the terminalista group DP World of Dubay, to 20% from the shipowning group Israeli Zim, to 20% from terminalista society Chinese COSCO Pacific, to 10% from the French shipowning group CMA CGM and to 7.5% from the harbour society and intermodal Duisport German.

The EU commission has remembered that the contracts of concession through which PSA Antwerp and Antwerp Gateway they operate two container terminal in the harbour area Deurganck Dock of Antwerp preview that the two terminaliste societies must annually enliven the minimal volume of traffic of the container. Brussels has explained that between the 2009 and 2012 two companies have not reached this minimal level of traffic and, based on the contractual agreements, would have had to pay an indemnification to the Harbour Authority of Antwerp. Instead perceiving such sums, in March the 2013 Belgian harbour authority has wound down, with retroactive effect, the minimal level of demanded traffic and consequently the amount of the indemnification that PSA Antwerp and Antwerp Gateway would have had to pour to the Harbour Authority is reduced of about 80%.

The contract of concession with PSA Antwerp and Antwerp Gateway, that they have a duration 42-year-old, that is until 2046, has been sign from the Harbour Authority in 2014.

Explaining that the investigation is stiff to establish if a private investor would have accepted to reduce the indemnification, the EU commission has specified that if such decrease is not put into effect to market conditions could according to constitute an aid of State of the communitarian norms and, in such case, the Commission would have to verify if such aids can be authorized based on the rules that allow with the States EU to grant aids of Been about to answer to determined objectives of public interest.