Date: 2023-10-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2023/2297 of 26 October 2023 identifying neighbouring container transhipment ports pursuant to Directive 2003/87/EC of the European Parliament and of the Council
**Executive Summary:**
Commission Implementing Regulation (EU) 2023/2297 identifies neighbouring container transhipment ports, East Port Said (Egypt) and Tanger Med (Morocco), according to Directive 2003/87/EC, to address potential evasive port calls related to the EU ETS. This regulation is crucial for the effective functioning of the EU ETS, which will include emissions from maritime transport starting 1 January 2024. The regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union.
**Key Points / Main Content:**
* **Identification of Neighbouring Container Transhipment Ports:**
* East Port Said (Egypt) and Tanger Med (Morocco) are identified as neighbouring container transhipment ports.
* These ports are located outside the Union but less than 300 nautical miles from a port under the jurisdiction of a Member State, with container transhipment exceeding 65% of their total container traffic.
* Neither Egypt nor Morocco effectively apply measures equivalent to Directive 2003/87/EC for these ports.
* **EU ETS and Maritime Transport:**
* Directive 2003/87/EC was amended to include maritime transport emissions within the EU ETS to reduce the risk of evasive port calls by containerships to ports outside of the Union.
* Stops of containerships in identified neighbouring container transhipment ports are excluded from the definition of "port of call".
* **Monitoring and Evasive Behaviour:**
* The Commission will monitor the implementation of the EU ETS in relation to maritime transport.
* The Commission will detect evasive behaviour and propose measures to address it.
* **Effective Date:**
* The regulation applies from 1 January 2024.
**Impact Analysis:**
* **Containerships/Maritime Transport Sector:**
* *Impact:* Containerships calling at East Port Said and Tanger Med are excluded from the definition of "port of call" under the EU ETS, potentially affecting their emissions reporting and allowance obligations.
* *Action Required:* Containership operators need to be aware of the updated definition of "port of call" and adjust their operations and reporting accordingly from 1 January 2024.
* **European Commission:**
* *Impact:* Responsible for monitoring the implementation of the EU ETS concerning maritime transport and detecting/addressing evasive behaviour.
* *Action Required:* Monitor maritime transport activities, analyze port call patterns, and propose measures to counter any identified evasive behaviour.
* **Member States:**
* *Impact:* Responsible for implementing and enforcing the EU ETS, including the updated definition of "port of call."
* *Action Required:* Ensure national regulations and enforcement mechanisms align with the new regulation and support the monitoring of maritime transport emissions.
Key Entities Referenced
Directive 2003/87/EC: Directive of the European Parliament and of the Council establishing a system for greenhouse gas emission allowance trading within the Union.
European Parliament: One of the legislative bodies of the European Union.
Council Directive 96/61/EC: A directive amended by Directive 2003/87/EC.
Directive EU 2023/959: Directive amending Directive 2003/87/EC to include maritime transport emissions within the EU ETS.
EU ETS: The system for greenhouse gas emission allowance trading within the Union.
East Port Said: A container transhipment port located in Egypt, identified as a neighbouring port.
Tanger Med: A container transhipment port located in Morocco, identified as a neighbouring port.
Ursula VON DER LEYEN: The President of the European Commission.
Official Journal EN
of the European Union L series
2023/2297 27.10.2023
COMMISSION IMPLEMENTING REGULATION (EU) 2023/2297
of 26 October 2023
identifying neighbouring container transhipment ports pursuant to Directive 2003/87/EC of the
European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003establishing a
system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC(1), and
in particular Article 3ga(2) thereof,
Whereas:
(1) Directive 2003/87/EC was amended by Directive (EU) 2023/959(2)to include maritime transport emissions within
the system for greenhouse gas emission allowance trading within the Union (the ‘EU ETS’).
(2) In order to reduce the risk of evasive port calls by containerships to ports outside of the Union and relocation of
container transhipment activities to ports outside of the Union, Directive 2003/87/EC provides for an exclusion
from the definition of ‘port of call’ of stops of containerships in a neighbouring container transhipment port
identified in the implementing act adopted pursuant to Article 3ga(2) of that Directive.
(3) In accordance with Article 3ga(2), second subparagraph, of Directive 2003/87/EC, a port to be identified as a
neighbouring container transhipment port, needs to meet several criteria. The port’s share of transhipment of
containers must exceed 65 % of the total container traffic of that port during the most recent twelve-month period
for which relevant data are available. The port must be located outside the Union but less than 300 nautical miles
from a port under the jurisdiction of a Member State. However, the implementing act is not to identify ports located
in a third country for which that third country effectively applies measures equivalent to Directive 2003/87/EC.
(4) East Port Said is located less than 300 nautical miles from a port under the jurisdiction of a Member State. The share
of transhipment of containers of East Port Said exceeded 65 % of the total container traffic of that port during the
most recent twelve-month period for which relevant data are available. Egypt does not apply measures equivalent to
Directive 2003/87/EC for East Port Said. East Port Said should therefore be identified as a neighbouring container
transhipment port.
(5) Tanger Med is located less than 300 nautical miles from a port under the jurisdiction of a Member State. The share of
transhipment of containers of Tanger Med exceeded 65 % of the total container traffic of that port during the most
recent twelve-month period for which relevant data are available. Morocco does not apply measures equivalent to
Directive 2003/87/EC for Tanger Med. Tanger Med should therefore be identified as a neighbouring container
transhipment port.
(6) The Commission should monitor the implementation of the EU ETS in relation to maritime transport, in particular
to detect evasive behaviour in order to address such behaviour at an early stage. The Commission should propose,
where appropriate, measures to address evasive behaviour.
(7) To ensure the effective functioning of the EU ETS, which is to include emissions from maritime transport released
from 1 January 2024, this Regulation should apply from that date.
(1) OJ L 275, 25.10.2003, p. 32.
(2) Directive (EU) 2023/959 of the European Parliament and of the Council of 10 May 2023 amending Directive 2003/87/EC establishing
a system for greenhouse gas emission allowance trading within the Union and Decision (EU) 2015/1814 concerning the establishment
and operation of a market stability reserve for the Union greenhouse gas emission trading system (OJ L 130, 16.5.2023, p. 134).
ELI: http://data.europa.eu/eli/reg_impl/2023/2297/oj 1/3EN
OJ L, 27.10.2023
(8) The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The neighbouring container transhipment ports referred to in Article 3ga(2) of Directive 2003/87/EC are identified in the
Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
It shall apply from 1 January 2024.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 October 2023.
For the Commission
The President
Ursula VON DER LEYEN
2/3 ELI: http://data.europa.eu/eli/reg_impl/2023/2297/ojEN
OJ L, 27.10.2023
ANNEX
Neighbouring container transhipment ports referred to in Article 3ga(2) of Directive 2003/87/EC
No. Name of the port Country
1. EAST PORT SAID EGYPT
2. TANGER MED MOROCCO
ELI: http://data.europa.eu/eli/reg_impl/2023/2297/oj 3/3