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Consultation Responses

DK Consultation on State Aid – General Block Exemption Regulation (GBER)

Danish Ports has read with interest the European Commission’s draft amendment to the Block Exemption Regulation, which provides a common interpretation of when state aid related to ports is exempt from the general state aid rules. The proposal is of interest because commercial ports are a key component of Denmark’s overall infrastructure, and because, if properly formulated and clearly defined, the proposal could curb the Danish authorities’ excessive caution regarding state aid for infrastructure investments. Danske Havne believes that the exact content of the proposal should be examined more closely to ensure sensible implementation and consistency with current practice:

  1. The proposal must not hinder existing or potential future financing arrangements for the development of port infrastructure in accordance with Danish practice. The Ministry of Business and Growth should, for example, consider the possibility of municipal guarantees for public ports,
  2. The definitions in the proposal must be consistent with existing EU legislation, particularly with regard to ports and types of infrastructure,
  3. that services of general economic interest (SGEI) should be included in the proposal, and that the scope of this should be defined in relation to Danish commercial ports,
  4. Maintenance and dredging are integral parts of port infrastructure. The government has certain dredging obligations in, among other places, navigation channels. It should be just as natural for the government to maintain and expand both the “blue roads” at sea and the “gray roads” on land, as this is in line with ensuring equal framework conditions for all modes of transportation,
  5. It is necessary to invest in infrastructure for alternative fuels and to establish stricter requirements for environmentally friendly transportation solutions. Therefore, there should be an opportunity to provide support for these areas to the extent that it leads to innovation and new approaches,
  6. that the proposal does not allow for significantly more government subsidies and speculation in loss-making activities,
  7. that the proposal is consistent with existing legislation and EU strategy.

Read the Danish consultation responses here Read the European Commission's proposal here For more information, contact Bjarne Løf Henriksen, business policy consultant