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02 April 2025 - Year XXIX
Independent journal on economy and transport policy
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Original news
With the ruling on SECH-PSA the State Council confirms that the competition is being implemented "in an area of greater geographical breadth than the single port airport."
The appeal of Spinelli, which has however been rejected in the merits, declared admissible
Roma
October 17, 2023
With a judgment published yesterday, the Council of State welcomed, declaring it permissible but rejecting it in the merit, the appeal lodged by the port and logistics group Spinelli against the judgment of the Regional Administrative Tribunal for Liguria which-recalls the judgment of the Council of State-declared inadmissible its appeal for the annulment of the acts with which the Port System Authority of the Western Ligurian Sea had authorized the change in the corporate control of Terminal Containers of the Port of Genova-SECH and the stock redevelopment of PSA Genova Pshall, already Voltri Terminal Europe, terminalist companies of the port of Genoa operating both in the container segment ( of the January 28 2022). The State Council recalls that with its own appeal the company Spinelli deduced that the corporate operation would involve the formation of a dominant position in the port of Genoa, in violation of the law January 28, 1994, no. 84 ("Reorder of port legislation") " for the effect of the assignment to a single economic subject of the use of areas intended for the area's terminalistic activity of approximately mq 1,400,000, equal to 62.6% percent of that overall available within the same stopover (mq 2,235,000) ".

The ruling also remembers that Tar had declared inadmissible the appeal " for a lack of interest in acting ex art. 100 cod. proc. civ. in view of the achievement of a legally relevant utility. This under the double-profile, inferred from the impossibility for the applicant to acquire the areas in concession to the counter-concerned ; and oppositive, in reason of the absence of prejudices on the economic activity exercised by the same recurrent. According to the judgment, the latter had therefore acted in the judgment of the protection of "a general interest ' in the legality of the administrative action," consisting of maintaining competitive assays between firms with the terminalist activity in the port of Genova ".

The judgment of the Council of State notes that " in the merit of the matter, the censorship censures of the disposition of the last mentioned law, which is also assumed to be applicable to operations of a corporate nature such as that subject matter, are reproposed. litigation, and that in thesis, through a prohibition of an absolute nature of "double concession", would have the purpose of avoiding that within each port, to be considered a relevant market, we form situations of concentration capable of employing an entrepreneurial entity a dominant position in the exploitation of benches and equipment deputies to the handling of goods transported by ships in approdo. In this regard, it would be mistaken, in contrast to the literal tenure of art. 18, paragraph 7, of the Law January 28, 1994, no. 84, the notice expressed by the General Avvocatura of the State in consultation with the Resistance Port Authority, according to which the relevant market would not be the single port but the geographical area of reference (c.d. catchment area), in the specific case identified on the basis of the addresses of the European and national antitrust authorities in the ports of Genoa, La Spezia, I'm going and Livorno. Moreover, it is added in this respect-no assessment of the reflections of the contested corporate operation in this different relevant market has nevertheless been carried out by the Resistant PortuXX_ENCODE_CASE_CAPS_LOCK_Off Authority. Thus summarizing the censorship of which the appeal is composed, those directed to challenge the declaration of inadmissibility of the appeal for a lack of interest to act are founded, in the opposite way of those of merit. "

The Council of State notes that the Tar's judgment for Liguria "is framed in error in not having the interest underlying the present appeal to oppose the corporate transaction which has concerned active terminally active undertakings." in the same port stopover in which the recurring company operates. It is evident in fact that in its capacity as an economic operator the latter is entitled and has an interest in countering corporate operations which, according to its prospecting, would result in a restriction of competition in the sector. entrepreneurial in which the same appellant carries out its business activity. The lesion against which this is intended to react in the present court is in the case of species referred to the effect of concentration in favour of a single operator, albeit formally articulated in two companies, of a relevant share of areas port intended for the activity of handling goods, and therefore of an essential infrastructure for the conduct of the undertaking. As therefore it infers the appeal, the ex-art interest. 100 cod. proc. civ. on the basis of the appeal is that of an oppositive nature that the economic operator boasts compared to initiatives that are capable of negatively affecting the reference market, in which the same carries out its economic activity ; and that specifically in case subject matter of this judgment finds recognition in the multiple times recalled art. 18, paragraph 7, of the port law, which in the applicable version ratione temporis prohibited in an absolute way that an already concessionary undertaking of one area of the port was issued in concession to another "demanial area in the same port" for therein you will carry out the same activity. In the merit, nevertheless, the censures based on the provision of law now recalled are unfounded, as mentioned above. It is the highlight, which is mentioned in the above mentioned opinion of the State of the State, according to which in matters of port concessions, the relevant market is no longer limited to the individual port, but to the geographical area in which this is located ".

"The change in the perspective of assessments of respect for competitive assays in the conduct of economic activities within the port infrastructure," the Council of State said, first found regulatory recognition, with the reformulation of art. 18 of the port law under the Law for Competition August 5, 2022, no. 118. As a result of the mentioned regulatory intervention, "in ports of international and national economic significance", the prohibition of 'double concession' is subject to a regime derogatory case by case, with assessment " remittance to the System Authority Port ", which must take into account" the impact on the conditions of competition ". As underlined by the resisting parties, the system focused on the absolute prohibition, established by law (the paragraph 7 in its original wording), has been replaced by an imperative on the assessment of administrative character, to be carried out in concrete. The change was in turn induced by the criticisms of the original wording of the same paragraph 7 on which the censores of the recurring company are based, which is mentioned in the opinion of the Avvocatura general of the state. "

" In the same direction, the ruling by the State Council-the companies concerned have produced a measure by the Supervisor of Competition and Market (n. 27917 of October 21, 2019), which in a similar case made mention of the practice prevalent at the European Commission, in which the concept of 'zone of attraction' (cd) is invaluable. catchment areas) ", in which the" interchangeable ports "are placed from the point of view of the supply of port services, in relation" to the geographical location of the same and to the territorial proximity, the presence of road links and to the related costs of land transport, the infrastructure present and their degree of efficiency, as well as the existence of transhipment services " (§ 19). In this perspective, the definition of the "relevant market in port operations relating to the handling of goods" on the basis of the infrastructural features mentioned above is given, in reason of which the area of attraction may include ports that "within the same type of freight traffic, are distant between them from 200 and 300 km" (§ § 36 and 37). The supremacy of European law therefore imposes significant emphasis not already on the port, as in the past, but on the geographical area of reference (c.d. catchment area), in accordance with the rest with the reorganization of the system of port government and the establishment of the Port System Authorities in place of the original preposed authorities at the individual port. In this matter, it should be pointed out that in the present case, in the case of the effect of the corporate operation adversarial in this judgment, no competition restriction profiles have emerged at the level of the geographical area of reference. Contrary to what the appellant supposes, the profile has been specifically examined by the State's Avvocation, with assessment shared by the Port Committee in the deliberation above ( of the July 23 2020, ndr ), presupposed by the Presidential Decree of Authorization of Corporate Redevelopment which concerned the companies concerned. "

" Therefore, the Council of State (Council of State) does not refer to the same applicant's assumptions that the regulatory evolution of the system would have regard to the market for maritime services, in which it has the geographical area, from which it is, however, would remain distinct to that of the economic operators active at the port infrastructure, necessarily placed in the individual stopover. The thesis is fringed on the normative change recalled above. This in turn constitutes the taking note of the technical and economic developments of the economic sector in question, with the connected infrastructure enhancement and integrated logistics, and the consequent redefinition of the axes competitive in a broader sense, within the framework of a single European market with which there is a tendency to ensure the movement of capital on a transactional basis, the competitiveness of companies in the sector, and therefore to foster related investments aimed at increasing the efficiency of the supply of port services aimed at maritime carriers and more generally of trade. The contentious issue is paradigmatic in this sense, since, as it emerges from the acts and the agressions of the counter-stakeholders, the company redevelopment operation adversarial by the recurring company is stated to be motivated from the need to rehabilitate a struggling economic operator (Company Terminal Container Port of Genoa, formerly Sech), through its inclusion in a large group capable of strengthening its industrial capacity and financing. This aspect has also been under consideration by the Port Committee in the multiple times recalled deliberation on whose basis the authorization under appeal has been issued in the present judgment. "

"In this context, the port no longer represents the horizon in which the System Authority introduced with the reform of the sector is required to assess the dual concession ban, which is the availability of the system," the court said in a statement. areas equipped with the conduct of an economic activity in the service of maritime trade, which permeated the ratio of the original prohibition ex art. 18, paragraph 7, of the Law January 28, 1994, no. 84, constitutes one of the elements that contribute to the offer aimed at the carriers but not the only one. The competition is therefore in a larger geographical scope than the single port airport, so contrary to the support in this appeal, the supply of port services is absorbed into the wider range of services. maritime. "

" The circumstance that the regulatory changes under consideration are subsequent to the time when the contested measures were adopted-the judgment concludes-does not ultimately prevent them from attributing them in retrospect, and therefore to enuclearise reasons of legitimacy of the same through an interpretation of the previously existing national law in accordance with the fundamental principles and freedoms of the European Treaties. The appeal must therefore be accepted only in the part with which the declaration of inadmissibility of the appeal of the first degree is challenged, which therefore must be reformed, in the sense that this must be rejected in the merit. "
››› News file
FROM THE HOME PAGE
Public interest declared for MSC, Neri and Lorenzini's project for a new container terminal in Livorno
Leghorn
The documentation requested by the company has been sent to Terminal Investment Limited
Slight annual growth in freight traffic in Italian ports driven by containers
Slight annual growth in freight traffic in Italian ports driven by containers
Rome
In the container segment, the strong increase in transhipments offset the decline in imports and exports
Turkey's Desan Shipyard in talks to take over Mangalia shipyard
Bucharest
The Tuzla plant is much smaller than the Romanian one
Six international shipping associations present a guide to planning safe navigation
London
The purpose is to detect, avoid, deter, delay and report attacks and incidents on ships.
TUI awards Fincantieri contract for two new cruise ships for Marella Cruises
Hanover/Trieste
Deliveries are scheduled for 2030 and 2032
ESPO urges EU and Member States to allocate funds to decarbonise ships and ports
Brussels
Earmarking Innovation Fund proceeds to stimulate demand for clean marine fuels
China Antitrust Launches Investigation into Hutchison Ports' Panama Terminal Sale
Beijing/Hong Kong
Panama Ports Company operates the Balboa and Cristobal ports
PSA posts annual revenue growth, but profits fall
Singapore
Sharp increase in operating costs across the board
Temporary Port Labor Supply Company in Cagliari Extended for Another 18 Months
Cagliari
In 2024, cargo traffic in Chinese seaports grew by +3.5%
Beijing
Increase of +6.9% in traffic with foreign countries. In the first two months of 2025, 1.75 billion tons were moved (+1.6%)
Chinese container maker CIMC posts bumper 2024
In February, freight traffic in the port of Genoa fell by -4.4% and in Savona-Vado it increased by +24.5%
Genoa
Cruise and ferry passenger decline
ICS, Trump's proposed measures against Chinese ships risk having significant unwanted consequences, even for the US
Washington
Strong opposition to their introduction also expressed by the WSC
Intercargo, international measures for decarbonisation of shipping must be simple and clear
London
Gkonis: Must not compromise operational efficiency and smooth global transport of essential goods
Port of Barcelona invests 124 million to develop sustainable fuel traffic
Barcelona
Construction of three new moorings at Moll de l'Energia
In 2024, freight traffic in the port of Catania began to grow again. A decline in Augusta
In 2024, freight traffic in the port of Catania began to grow again. A decline in Augusta
Augusta
A total of 7.9 million and 23.0 million tons of cargo were handled
In 2024, the terminal operator HHLA recorded record revenues with a growth of +10.5%
Hamburg
Profit after taxes amounted to 56.4 million euros (+33.1%)
Launch of a public consultation for the updating of the PRPs of the ports of Genoa and Savona-Vado
Genoa
The involvement of territorial, economic and social communities is foreseen
ITU, ICAO and IMO highlight risks to maritime and air transport caused by attacks on satellite communications
Geneva/Montreal/London
London Government presents its strategy for decarbonising maritime transport
London
The measures for ports will be defined after a public consultation that will take place in the coming months
For security, military ships are not enough, merchant ships are also essential
London
TUI in talks with shipyards for two new cruise ships for Marella
Hanover
Slots available starting from the 2031 financial year
ANESCO, with the Port Employment Centers, accidents have decreased in the three main Spanish ports
Madrid
67% reduction in lost work days per year
Filt, Fit and Uilt, no to the transformation from "article 18" to "16" of the Livorno port company LTM
Leghorn
Unions ask port authority to block proliferation of new economic entities
Last year Fincantieri recorded record revenues and new orders
Last year Fincantieri recorded record revenues and new orders
Trieste
Folgiero: the first fruits of our strategy and industrial vision have been harvested
COSCO Shipping Holdings revenue increased by +44.8% in the fourth quarter of 2024
COSCO Shipping Holdings revenue increased by +44.8% in the fourth quarter of 2024
Shanghai
In the period, the container ships of the Chinese group's fleet transported 6.9 million TEUs (+13.1%). Containers on the Asia-Europe/Med routes fell
Porto Marghera, renewal of concession to Terminal Rinfuse Venezia
Venice
New 25-year contract. Investments of over 53 million euros expected
Carnival Sets New Low Season Quarter Records December-February
Carnival Sets New Low Season Quarter Records December-February
Miami
Positive outlook for the remainder of the 2025 financial year
In the last quarter of 2024, container traffic alone increased in French ports
Paris
Le Aziende informanoSponsored Article
AAL Shipping sceglie il sistema di consulenza marina di ABB per ottimizzare la flotta Super B-Class
Rail Losing Ground in Transalpine Freight Traffic Through Switzerland
Bern
In 2024, trains transported 25.7 million tons of cargo (-3.7%)
CK Hutchison's Port Division revenues grew by 10.8% last year
Hong Kong
In 2024, Hapag-Lloyd revenues increased by +6.5%. Net profit decreased by -18.9%
In 2024, Hapag-Lloyd revenues increased by +6.5%. Net profit decreased by -18.9%
Hamburg
New historical record of containers transported by the fleet
The OPS also serves to charge the batteries of ships while they are in port
The OPS also serves to charge the batteries of ships while they are in port
Brussels
The ferry companies remind us of this by highlighting the need to have an adequate supply of electricity.
The extension of the EU ETS to the maritime transport sector has not brought about significant changes in the shipping market
Brussels
This is stated in a report adopted by the European Commission, which found no evidence of tendencies towards evasion or avoidance of the law
In February, freight traffic in the port of Barcelona decreased by -4.2%
Barcelona
Containers down -4.2% due to -18.8% reduction in transhipped boxes
Complaint filed for fraud and corruption against Bolloré Group
Paris
Allegations relating to activities carried out in the context of logistics and port operations in Africa sold in 2022
US FMC surveys seven major global maritime corridors
Washington
Federal agency threatens to ban Panamanian-flagged ships from US ports
Last year, freight traffic in German ports began to grow again (+2.3%)
Wiesbaden
It is still lower than the pre-Covid level, as is container traffic alone which amounted to 13.3 million TEU (+4.9%)
BIMCO: The application of specific port charges to Chinese ships calling at the US will prove a disaster for the American economy
London
The impact of the proposed measures on China's dominance in shipbuilding is highly uncertain
Federagenti hopes for greater involvement of global financial groups in logistics, ports and infrastructure
Rome
Pessina: necessary to make the leap in quality
Conference in Genoa for the centenary of Ente Bacini
Genoa
The company was established on 19 February 1925
Interporto Bologna Board of Directors Renewed
Bentivoglio
Stefano Caliandro Appointed President. Loss of 1.7 million euros in 2024
NYK invests 76 billion yen in NYK Energy Ocean Corporation
Tokyo
The newco has taken over the activities of ENEOS Ocean
Decarbonisation of maritime transport will be faster in the EU and the US
DHL Acquires CRYOPDP
Bonn/Nashville
The company provides courier services for clinics and healthcare
Over a million to the port companies of Livorno and Piombino to acquire green vehicles
Leghorn
The ranking for admission to the PNRR-Next Gen Eu contributions has been published
COSCO Shipping Development Co.'s container sales increased by +204.1% in 2024
Shanghai
The related turnover increased by +124.0%
The call for funding for the purchase of electric vehicles in the ports of Genoa and Savona-Vado has been published
Genoa
Yang Ming Buys Three New 8,000 TEU Containerships
Keelung
They will be delivered between 2028 and 2029
Construction of a cruise ship for Regent Seven Seas Cruises begins in Marghera
Trieste
Fincantieri will deliver the unit in 2026
Federlogistica establishes operational offices in Spain and Brazil
Genoa
The aim is to go beyond theoretical cooperative relationships
Over a Ton of Cocaine Seized in the Port of Gioia Tauro
Reggio Calabria
If placed on the market it would have generated over 187 million euros
In 2024, the economic results of Interporto Padova reached record values
Padua
Revenues up +17%
Three ceremonies at the Saint-Nazaire shipyard for three new MSC Cruises ships
Geneva
New flagship "MSC World America" delivered
German railway company DB Cargo reduced losses in 2024
Berlin
Revenues down again. -9.0% drop in freight volumes
NovaAlgoma orders second 38,000 dwt cement carrier in China
Lugano
It will be taken over in 2027
Customs agreement between Italy and Brazil to facilitate trade
Brasilia
Mission of the Customs and Monopolies Agency in the South American nation
A team from La Spezia Container Terminal in Rotterdam to test advanced technologies
The Spice
ECT Hutchinson Ports Training Center Visited
The assembly of Genoese freight forwarders on Monday
Genoa
It will be held at the Palazzo della Borsa in Genoa
Assarmatori, in Italy the ferry segment cannot bear the burden of the EU ETS in a very fragile market situation
Brussels
Messina: Protecting shipping from the ideological excesses of the Green Deal
The website of the Port Authority Corps - Coast Guard has been renewed
Rome
It has become a single digital access point to documents and services
In 2024, inland waterway freight transport in Germany increased by +1.2%
Wiesbaden
The volume, at 173.8 million tonnes, is the second lowest since 1990.
APM Terminals Granted Port of New York - New Jersey Concession Renewal
New York
Contract for a period of 33 years. Investments of 500 million dollars are expected
Experimentation of crane automation has begun at the Interporto Padova terminal
Padua
The interport company awarded the "Industria Felix 2025 Award"
Container traffic in the port of Algeciras fell by -17.0% in February
Algeciras
Both import-export volumes and transhipment are decreasing
New cruise company Crescent Seas has been founded in Miami
Miami
The fleet, initially consisting of one ship from Regent Seven Seas Cruises, will grow to five units within the next five years
In 2024, the volume of vehicles transported by Wallenius Wilhelmsen's fleet decreased by -9.7%
Oslo
Traffic down on almost all global routes
SAILING LIST
Visual Sailing List
Departure ports
Arrival ports by:
- alphabetical order
- country
- geographical areas
Agreement between Assoporti and Assologistica and the Florida trade, transport and port authorities
Rome
It was signed today
In April a mission in Albania of The International Propeller Clubs - Italy
Genoa
It will take place on the 9th and 10th in Tirana and Durres
COSCO Shipping Ports revenues rose to a record $1.5 billion in 2024 (+3.3%)
Hong Kong
In the fourth quarter alone, a decrease of -3.0%
SO.RI.MA. (FHP group) granted a concession of an area of 125 thousand square meters in the port of Chioggia
Venice
Investments of 11.5 million euros expected over 25 years
Container traffic in the port of Valencia grew by +15.2% last month
Valencia
The overall volume of goods handled increased by +6.8%
Contship Italia’s intermodal network has been extended to the Gulf Terminal in La Spezia
Melzo
Connections with the inland terminals of Milan, Modena and Padua
The Northern Tyrrhenian Sea Port Authority obtains gender equality certification
Leghorn
It is the first Italian port authority to obtain this recognition
Container traffic growth weakens at ports of Los Angeles and Long Beach
Los Angeles/Long Beach
Last month, increases of +2.6% and +13.4% respectively were recorded
Assarmatori, the Italian government's position on the impact of the EU ETS on shipping and ports is good
Rome
Messina: fully understood the risks and distortions of European climate regulation
PSA Italy's Genoa port terminals awarded anti-corruption certification
Genoa
The UNI EN ISO 37001 standard defines the requirements for an effective anti-corruption management system
Assiterminal presents three projects for the sustainable transition of the Italian port sector
Rome
Work completed on docks 33 and 34 of the port of Civitavecchia
Civitavecchia
50,000 square meters of yards prepared
The completion and doubling of the Pontremolese is the dream-nightmare of the La Spezia port community
The Spice
Fontana: Money is not found when enormous resources are channeled into railway lines of dubious utility
Hanwha acquires 9.9% stake in shipbuilding company Austal
Sydney
Investment worth approximately 116 million US dollars
The European fleet is growing but competing fleets are growing at a faster rate
Brussels
Raptis (European Shipowners): investing ETS revenues in clean shipping technologies and fuels
Trasportounito has confirmed the national halt to the transport of goods
Rome
Proclaimed for the duration of five days from March 31st to April 4th
PORTS
Italian Ports:
Ancona Genoa Ravenna
Augusta Gioia Tauro Salerno
Bari La Spezia Savona
Brindisi Leghorn Taranto
Cagliari Naples Trapani
Carrara Palermo Trieste
Civitavecchia Piombino Venice
Italian Interports: list World Ports: map
DATABASE
ShipownersShipbuilding and Shiprepairing Yards
ForwardersShip Suppliers
Shipping AgentsTruckers
MEETINGS
The assembly of Genoese freight forwarders on Monday
Genoa
It will be held at the Palazzo della Borsa in Genoa
Tomorrow in Naples a conference of studies on the fight against illicit trafficking by sea
Naples
It will be held at the University of "Parthenope"
››› Meetings File
PRESS REVIEW
Damen Mangalia Unionists Protest Friday Against Possible Closure
(The Romania Journal)
Govt. to woo top ten shipping liners in world for Colombo port expansion
(Daily Mirror)
››› Press Review File
FORUM of Shipping
and Logistics
Relazione del presidente Nicola Zaccheo
Roma, 18 settembre 2024
››› File
Container traffic in Hong Kong port increased by +9.1% in February
Hong Kong
However, for the second time in the last 25 years, cargo volume was below one million TEU.
Cargo traffic in Greek ports stable in Q3 2024
Piraeus
The increase in volumes transported on domestic routes has offset the decline in traffic with foreign countries
At the Vado Ligure container terminal a 21,000 teu container ship fully loaded
I go to Liguria
The 400-meter-long Cosco Shipping Nebula has landed
UIR proposes a permanent table for the development of intermodality
Verona
The main task is to build a project financing program.
Restructuring plan approved for Spanish company Armas Trasmediterránea
Las Palmas de Gran Canaria
Creditors' appeal rejected
The decline in cargo traffic at the port of Singapore worsened in February
Singapore
Containerized cargoes amounted to 27.4 million tons (-3.6%)
Accelleron revenue surpassed $1 billion for the first time in 2024
Baden
Net profit up +63.1%
Fincantieri has delivered the new ship Norwegian Aqua to Norwegian Cruise Line
Trieste
It has a gross tonnage of 156,300 tons.
The tender for the first lot of the new electricity distribution network in the port of La Spezia has started
The Spice
Intervention worth 36.9 million euros
In 2024 d'Amico International Shipping recorded a decline in time charter revenues
Luxembourg
-7.6% decline on the previous record year
Global Ports Holding's port terminals handled record cruise traffic in 2024
Istanbul
The company's revenue increased by +21%
In the first two months of 2025, cargo traffic in Russian ports decreased by -5.7%
St. Petersburg
Only import loads are growing
The latest reading of the WTO Goods Trade Barometer shows a variable trend towards good
Geneva
Trasportounito will propose a national haulage ban from March 31st
Rome
Longo: from the Ministry evanescent and contentless answers
The introduction of ESG standards represents a profound transformation for port companies
Rome
Attica Reports Record Revenue and Operating Performance in 2024
Athens
Profits down due to costs of merger with Anek and purchase of emission allowances
Man arrested in investigation into collision between Solong and Stena Immaculate
Southampton
The charge is manslaughter due to gross negligence
Beijing: Measures to revive US shipbuilding industry won't work
Beijing
New duties and tariffs - the government underlines - are harmful for both parties
Messina Gets $50M Funding to Support Full Container Investment
Genoa
Agreement with BPER Banca and Banca Popolare di Sondrio
The tanker Sounion attacked in August in the Red Sea has passed through the Suez Canal
Ismailia
Collision between two ships near the port of Hull
Southampton / Jacksonville / Rotterdam
Fires broke out on both units
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