Parliamentary Question on Exclusion of Port Superstructures from GBER – Brussels

On 12 November, MEP Kris Van Dijck (ECR, Belgium) submitted a priority written question (P-004500/2025) urging the European Commission to clarify whether it intends to revise the General Block Exemption Regulation (GBER) so that port superstructures can finally benefit from simplified State aid procedures. The MEP notes that the current text of Article 56b(3) explicitly excludes superstructures—such as cargo-handling equipment, terminal buildings, warehouses, energy facilities and digital systems—despite their essential role in port operations.

This political move directly echoes the concerns raised by FEPORT in its formal response to the Commission’s GBER consultation. In its submission, FEPORT highlighted that the current limitation of GBER to basic port infrastructure creates a structural imbalance: unlike aviation or rail, the maritime port sector lacks a dedicated State aid framework covering both infrastructure and the operational assets needed to deliver EU policy objectives.

Superstructures are indispensable for the EU’s strategic ambitions. Whether it concerns:

  • the energy transition (zero-emission handling equipment, onshore power supply),
  • TEN-T completion (cranes, intermodal platforms, automated systems),
  • digitalisation (terminal operating systems, cybersecurity), or
  • resilience and dual-use capability (heavy-lift equipment, secure storage),

these investments are at the heart of Europe’s transport and industrial policy — but they often come with uncertain returns or cannot be financed without public support.

The Parliamentary Question therefore provides an opportunity for the Commission to indicate whether the upcoming GBER revision will correct what FEPORT has consistently described as a gap in legislative coherence and a growing obstacle to competitiveness. Allowing Member States to support superstructures under block exemption — subject to existing safeguards on transparency, open access and anti-overcompensation — would align State aid policy with the objectives of the EU Ports Strategy and the Clean Industrial Deal, and enable the timely deployment of critical projects in EU ports.

The Commission’s reply, expected in early 2026, is likely to be closely scrutinised across the entire port ecosystem.

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