Brussels, 15/01/2016 (Agence Europe) - On Friday 15 January, the European Commission announced that it has decided, following a complaint from a competitor, to open an in-depth investigation into reductions in compensation payments granted by the Port of Antwerp to two container terminal operators, PASA Antwerp NV and Antwerp Gateway NV. The Port of Antwerp is wholly owned by the city of Antwerp and managed by a public body, the Port of Antwerp Authority.
The concession agreements for PSA Antwerp NV and Antwerp Gateway NV contained a requirement that a minimum amount of containers must be handled in the port every year. Between 2009 and 2012 PSA Antwerp NV and Antwerp Gateway NV did not reach these minimum tonnage requirements. Under the agreements, they were obliged to pay compensation to the Authority.
However, instead of collecting the compensation due from the two companies, in March 2013 the Antwerp Port Authority retroactively revised the minimum tonnage requirements downwards (by around 80%).
The Commission's investigation will examine whether a private investor would have agreed to reduce its compensation in a similar manner. If the operation was not carried out on market terms, it might constitute state aid as defined by EU rules. The Commission would then verify whether such aid could be authorised under state aid rules that allow member states to grant state aid for certain public interest goals. (Original version in French by Élodie Lamer)