If last night's trilogue on the inclusion of shipping in the EU Emissions Trading Scheme did not bear the concerns of the FEPORT on the effect that such listing could have on the competitiveness of European ports, the federation of European private port terminalists is also rather alarmed for other regulatory measures of the European Union, primarily for the eventual positive decision by Brussels on the extension of the Consortia Block Exemption Regulation (CBER), the exemption regulation by category of consortiums that allows containerized shipping companies to cooperate in the provision of liner maritime services.

If with reference to the proposal on greenhouse gas emissions produced by the FEPORT vessels, it did not make the point of reiterating the doubts that had been expressed just a few days ago. ( of the November 18 2022), the federation of terminalists highlighted the need that, in the framework of the ongoing review of the BER consortia, the considerable changes that have taken place in the maritime sector have been adequately taken into account, and more specifically in that of line transport.

Among the changes in the containerized maritime transport market, FEPORT particularly focused on the digital solutions introduced by the shipping companies. In this regard, FEPORT pointed out that the exemptions envisaged by the CBER were formulated rather before it was heard of these innovations and stressed that, as a result, the possible anticompetitive effects of inclusion of these digital solutions in the agreements between the companies should form an important part of the evaluation of such agreements. Furthermore, the market definition methods that focus on static competition models-the federation evidently referring to the European Commission's analysis of the market-"ignore the restrictions on competition." determined by the dynamic and reactive forces and the empirical realities at play in the digital economy. " FEPORT therefore asks that, in the evaluation of BER consortia, the focus will be shifted from the static constraints of competition to dynamic ones.

" The denial of the impact of Big Data and Business Intelligence & Analytics systems on the competitive environment within the maritime logistics chain during the previous review of the BER consortia-has denounced the President of FEPORT, Gunther Bonz-has opened the door to a disparity of conditions. The instruments currently being held by the European Commission to measure, evaluate and neutralise anticompetitive behaviors were formulated in an era when Big Data and BI&A systems were still a future vision. These instruments are far from adequate and effective enough to address antitrust concerns arising from these evolutions. The time has come to adapt the instruments. Otherwise, the confidence in the quality of the CBER assessment will be seriously and definitively compromised. We hope that the Directorate General for Competition will use all relevant means and methods that can enable an adequate review of CBER, " the statement said. It is necessary to restore confidence and the level playing field within the maritime logistics chain. "