European Shippers’ Council on Block Exemption Regulation
The European Shippers’ Council recommends to revoke and replace the EU Consortia Block Exemption Regulation (the BER) as it exists today.
In its position submitted to the European Commission’s consultation last December, ESC states that the new BER shall apply under a lower than 30% market share and to consortia which do not exceed a certain size. For the others, a self-assessment of the benefits of the collaboration for the stakeholders shall include criteria formulated in a SMART way.
Finally, the replaced BER shall provide for a review by the EC of the consequences on the market of M&A between 2 members of different very large consortia. Also, to reach a well-functioning market despite its high level of concentration, other (legal) instruments shall be considered as part of a paradigm shift, such as offering certain protection to smaller shippers against the conditions applied to them by the market.
If all these conditions are not met, ESC prefers the BER to be discontinued completely.