CLECAT, the European association of forwarding companies, transport, logistics and customs services, welcomed the decision announced yesterday by the European Commission not to renew the CBER Block Exemption Regulation for consortia, which exempts containerized shipping companies from submission general EU competition rules ( of 10 October 2023).

Recalling that freight forwarders have long opposed the granting of these extraordinary exemptions, the director General of CLECAT, Nicolette van der Jagt, specified that for many years the association has highlighted to the Commission European that 'the regulation was no longer suitable for the purpose. During the consultation period on the evaluation of the regulation - explained van der Jagt referring to the phase of comparison with interested parties initiated by the EU Commission to August 2022 - CLECAT has shown that CBER no longer meets the criteria of effectiveness, efficiency and added value for the EU. We have also noted that the CBER, in its present form, offers excessive margin for non-beneficial cooperation - has underlined the Director-General of CLECAT referring to the alliances forged by maritime carriers - far beyond those needed for the operation of Vessel Sharing Agreements'.

Also referring to the vertical integration strategy carried out in recent years by the main companies of containerized navigation, which have extended their interests to port sector, land logistics and others mode of transport, van der Jagt stated that, 'in In particular, CLECAT expressed concern about the continued Securing the block exemption to parties in the liner shipping which is rapidly diversifying own activities towards other modes and functions of the supply chain, creating distortions in the global supply chain market logistics, where containerized shipping companies are in competition with other logistics service providers that are required to comply with the general competition rules'.

Recalling then that yesterday the European Commission itself has clarified that the non-renewal of the CBER Regulation does not mean that cooperation between shipping companies will become illegal under EU antitrust rules, van der Jagt has stressed that without the protection of the regulation the companies Seafarers operating to and from the EU will have to assess the compatibility of their cooperation agreements with General European competition rules to which other players in the supply chain.

The British International Freight Association (BIFA), which is associate member of CLECAT, congratulated the CLECAT for the success of the campaign that the European association has conducted on behalf of the shipping business community of the EU so that shipping companies would come subject to the general Union competition rules European. Referring to the examination to which the analogous CBER Regulation is currently subject in the United Kingdom by the Competition and Markets Authority (CMA), BIFA said it was eager to know the results of the revision of the UK Regulation which, as well as the European CBER, it will expire on 25 April 2024. The CMA started the revision of the regulation on 24 August 2022.