(fra kommisjonsforordningen)

(1) Regulation (EU) 2023/1805 provides for an exclusion from the definition of ‘port of call’ for stops of containerships in a neighbouring container transhipment port listed in the implementing act adopted pursuant to Article 2(2) of that Regulation. 

(2) In accordance with Article 2(2) of Regulation (EU) 2023/1805, a port is to be listed as a neighbouring container transhipment port where it meets two criteria. First, the port’s share of transhipment of containers, measured in 20 foot equivalent units, is to exceed 65 % of the total container traffic of that port during the most recent 12-month period for which relevant data are available. Second, the port is to be located outside the Union but less than 300 nautical miles from a port under the jurisdiction of a Member State. Furthermore, ports located in a third country for which that third country effectively applies measures equivalent to Regulation (EU) 2023/1805 are not be listed as a neighbouring container transhipment port. 

(3) Commission Implementing Regulation (EU) 2023/22972 identifies neighbouring container transhipment ports pursuant to Directive 2003/87/EC of the European Parliament and of the Council3 . The criteria for the identification of neighbouring container transhipment ports set out in Article 3ga(2) of Directive (EU) 2003/87 are identical to the criteria set out in Article 2(2) of Regulation (EU) 2023/1805. 

(4) For the identification of the neighbouring container transhipment ports in this Regulation, the same data and analyses were used as for the identification of the neighbouring container transhipment ports in Implementing Regulation (EU) 2023/2297 in order to create coherence between the two acts and streamline implementation and compliance for shipping companies, verifiers and Member State authorities. 

(5) 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 were available for Commission Implementing Regulation (EU) 2023/2297. Egypt does not apply measures equivalent to Regulation (EU) 2023/1805 for East Port Said. East Port Said should therefore be listed as a neighbouring container transhipment port. 

(6) 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 were available for Commission Implementing Regulation (EU) 2023/2297. Morocco does not apply measures equivalent to Regulation (EU) 2023/1805 for Tanger Med. Tanger Med should therefore be listed as a neighbouring container transhipment port. 

(7) The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,