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

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 2003 establishing 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.

• (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

ANNEX

Neighbouring container transhipment ports referred to in Article 3ga(2) of Directive 2003/87/EC

ELI: http://data.europa.eu/eli/reg_impl/2023/2297/oj

ISSN 1977-0677 (electronic edition)