On 23 April, FEPORT submitted its contribution to the European Commission’s public consultation on the draft revision of the General Block Exemption Regulation (GBER), which sets the conditions under which Member States can grant State aid without prior notification.
FEPORT’s reply focuses on the need to ensure that the revised framework reflects the evolving role of ports and terminals, which are increasingly required to contribute to a wide range of EU policy objectives, including decarbonisation, digitalisation, resilience and security.
The paper particularly elaborates on the following topics:
- Recognition of new types of port investments: FEPORT highlights that a growing number of assets traditionally considered as “superstructure” – such as cargo handling equipment, digital systems or energy infrastructure – are now essential for the functioning of ports and for delivering EU policy objectives. These investments should therefore be eligible for State aid under the GBER framework.
- Need to adapt the definition of port infrastructure: The current distinction between infrastructure and superstructure no longer reflects operational realities. FEPORT calls for a broader and clearer definition of port infrastructure to ensure legal certainty and enable support for assets that are indispensable to transport-related port services.
- Addressing the financing gap linked to new requirements: Terminal operators are facing increasing investment needs driven by EU policies (decarbonisation, security, digitalisation), while the return on these investments is often limited. This creates a mismatch between costs and revenues, which justifies stronger public support mechanisms.
- Ensuring competitiveness vis-à-vis non-EU ports: FEPORT underlines that ports outside the EU often benefit from broader and more flexible public support schemes. By contrast, EU State aid rules can limit the level and scope of support, creating an uneven playing field and affecting the attractiveness of investments in European ports.
- Supporting EU policy objectives through State aid: Investments in ports increasingly generate wider societal benefits, including climate transition, energy security, supply chain resilience and defence preparedness. FEPORT stresses that the GBER should better reflect this public value dimension when defining eligible support.
