The European Commission has issued informal guidance regarding the compatibility of a sustainability agreement with EU competition rules. This agreement focuses on the joint purchasing and setting of technical specifications for electric container-handling equipment in European ports, aiming to facilitate the transition from diesel to electric equipment and reduce CO2 emissions.

APM Terminals, part of the Maersk Group, sought this guidance to clarify the legality of their agreement with other port terminal operators. The agreement intends to address the high costs and interoperability issues associated with battery-electric straddle and shuttle carriers, which are commonly used in ports but are currently mostly diesel-powered.

The Commission's guidance indicates that the proposed agreement does not raise concerns under Article 101 of the Treaty on the Functioning of the European Union (TFEU), provided certain safeguards are included. These safeguards ensure that participating operators can continue to make independent purchases, that the pooled demand does not lead to anti-competitive effects, and that the exchange of sensitive information is limited to what is necessary for the agreement's functioning.

This guidance is part of the Commission's revised Notice on Informal Guidance, which allows businesses to seek clarity on competition rules for novel situations. The guidance remains valid for five years and is specific to the European Economic Area (EEA).

Overall, the Commission aims to support companies in their efforts to transition to a net-zero economy without the hindrance of uncertainty regarding competition law, thereby promoting a cleaner and more competitive market environment.