European Commission decision not to extend the Consortia Block Exemption Regulation (CBER)

6 November 2023

Following the recent announcement by the European Commission not to extend the Consortia Block Exemption Regulation (CBER) and the discussions in the press we are reaching out to you to provide our view of what this means for our customers.

What this means

The decision to discontinue the CBER means to the specific legal framework under which the operational agreements with minor market share (less than 30% combined) have been working in the EU until now, will now change. Prior to this change in legislation, such minor operational agreements for joint services did not have to undergo a specific assessment under EU competition law.

From 24 April 2024, carriers operating jointly to or from the EU, will now have to assess the compatibility of their operational agreements with the general EU competition law rules to ensure they are or remain compliant.

There will be no change for agreements above the market share threshold, this is already the case until now.

All Maersk operational agreements covering the Europe market and European trades currently under the scope of the CBER, will undergo compliance assessment in line with the EU competition law rules (prior to April 2024). We anticipate such assessments to confirm the continuation of those operational agreements beyond expiration of the CBER.

What does this mean for your business

Your supply chain is of the utmost importance to us, and the integrity of our customer promise is paramount when serving you.

We do not expect the changes associated with CBER to impact your supply chain moves. Should we see a change in this, we will ensure to inform you. Your supply chain is of the utmost importance to us, and the integrity of our customer promise is paramount when serving you.

Should you have any further questions, please see our Questions and Answers section online or reach out to your local customer representative. Our customer experience and commercial teams are always available to support should you need assistance.

External Q&A in connection with the discontinuation of the Consortia Block Exemption Regulation

The Consortia Block Exemption Regulation (CBER) was first adopted by the European Commission in 2009 and extended in 2014 and 2020.

The CBER acted as a simplified framework that allowed carriers with a minor market share (less than 30% combined) to cooperate under operational agreements such as vessel-sharing agreements for provision of joint cargo transport services without having to do a specific competition law assessment provided certain conditions were met.

On 10 October 2023, the European Commission announced that it will not be extending the Consortia Block Exemption Regulation (CBER) beyond 24 April 2024.

With this decision, operational agreements that have minor market share serving European trades will now also fall under the EC’s general competition rules instead of the simplified framework. For agreements above the market share threshold, this has already been the case until now.

Changes associated with CBER are not expected to impact your supply chain moves with Maersk.

All Maersk operational agreements covering the Europe market and European trades currently under the scope of the CBER, will undergo compliance assessment in line with the EU competition law rules prior to April 2024. We anticipate such assessments to confirm that we can continue those operational agreements also beyond expiration of the CBER.