Article 2 2

2.   By 31 December 2025, the Commission shall adopt implementing acts establishing a list of neighbouring container transhipment ports. The Commission shall update that list by 31 December every two years thereafter.

The implementing acts referred to in the first subparagraph shall list a port as a neighbouring container transhipment port where the share of transhipment of containers, measured in 20 foot equivalent units, exceeds 65 % of the total container traffic of that port during the most recent 12-month period for which relevant data are available and where that port is located outside the Union but less than 300 nautical miles from a port under the jurisdiction of a Member State.

For the purpose of those implementing acts, containers shall be considered to be transhipped when they are unloaded from a ship to a port for the sole purpose of being loaded onto another ship.

The list of neighbouring container transhipment ports established by the Commission shall not include ports located in a third country for which that third country effectively applies measures equivalent to this Regulation.

The implementing acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 29(3).