The document is a submission by FEPORT to the consultation on the revision of the General Block Exemption Regulation (GBER), arguing for the extension of the GBER’s scope to include port superstructures and equipment. Currently, the GBER’s exemption for maritime ports (Section 15, largely covering basic port infrastructure like quays and dredging) explicitly excludes superstructures and terminal equipment. FEPORT highlights that this exclusion creates a structural gap and legal inconsistency, as port operators are vital for the European economy, handling the majority of extra-EU freight, sustaining supply chains, and acting as critical nodes in the transport system. Furthermore, this lack of a dedicated, simplified framework for port superstructures contrasts sharply with other transport modes like aviation and rail, which already benefit from sector-specific block exemptions or guidelines that cover both infrastructure and essential operational assets.
FEPORT asserts that extending GBER’s Article 56b to cover superstructures is indispensable for aligning the regulation with key EU policy priorities and closing the gap between Union ambition and practical tools. These priorities include the energy transition (requiring low-emission handling equipment and onshore power supply), TEN-T completion (necessitating cranes, automation, and intermodal transfer platforms), digitalisation (requiring terminal operating systems and cybersecurity), and resilience/dual-use capability (demanding heavy-lift equipment and secure storage for military mobility). Such investments, especially dual-use assets, often have uncertain returns or limited bankability, making public support crucial. By block-exempting aid for superstructures that directly enable these EU-mandated goals, Member States could mobilise national and regional resources, reduce legal uncertainty, and accelerate the roll-out of critical projects, which are currently subject to cumbersome and delaying notification procedures.
To address this, FEPORT proposes a targeted amendment to Article 56b of the GBER to explicitly include investments in “port infrastructures and superstructures” as eligible costs. The paper also provides a comprehensive definition of “Port superstructures,” encompassing cargo handling equipment, storage facilities, energy and environmental facilities (like Onshore Power Supply), and digital assets and smart port technologies. The submission stresses that all existing safeguards of Article 56b—such as non-transport-related activity exclusions, open access, and anti-overcompensation measures—would remain fully applicable to superstructures. Ultimately, this measured expansion is positioned as a necessity to ensure competitive neutrality, legislative coherence across transport modes, and a proportionate, non-distortive framework that supports the coordination of transport as per Article 93 TFEU.
