Commission Decision (EU) 2019/1246 of 23 November 2018 on alleged State aid SA.35905(2016/C) (ex 2015/NN)(ex 2012/CP) — Belgium Concessionaires active in the Port of Antwerp (notified under document C(2018) 7690) (Only the Dutch and French texts are authentic) (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,

Having called on interested parties to submit their comments pursuant to the provisions cited above⁽¹⁾ and having regard to their comments

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

The measures which Belgium implemented and which consisted, first, in the reduction of contractual minimum tonnage requirements and the subsequent reduction of compensation payments due by two terminal concessionaires in the Port of Antwerp with a retroactive effect from 2009, and, second, in maintaining the reduced minimum tonnage requirements with regard to one of those concessionaires beyond 2013 do not constitute aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.

Article 2

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 23 November 2018.

For the Commission

Margrethe Vestager

Member of the Commission