Activities of Gesine MEISSNER related to 2013/0157(COD)
Plenary speeches (3)
Market access to port services and financial transparency of ports (debate) DE
Market access to port services and financial transparency of ports (debate) DE
Market access to port services and financial transparency of ports (debate) DE
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports PDF (883 KB) DOC (566 KB)
Amendments (46)
Amendment 122 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) This Regulation does not impose a specific port management model to the managing bodies of ports. Provided that rules relating to market access and financial transparency are respected, existing port management models established at national level in the Member States can be maintained.
Amendment 129 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In accordance with Protocol 26 of the Treaty on the Functioning of the European Union the provisions of this Regulation should not affect in any way the competence of Member States to provide, commission and organise the activities or services mentioned in this regulation as non-economic services of general interest.
Amendment 138 #
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and environmentally sound port management, the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way. These minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators, including in terms of training, and the equipment required and the availability of the service insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port service.
Amendment 169 #
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services. This Regulation shall not affect the application of the social and labour rules of the Member States, provided that these rules are in line with the EU Treaty rules. In cases of limitation of the number of port service providers, where the conclusion of a port service contract may entail a change of port service operator, it should be possible for the competent authorities to ask the chosen service operator to apply the provisions of Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses11 . __________________ 11 OJ L 82, 22.3.2001, p. 16. OJ L 82, 22.3.2001, p. 16.
Amendment 188 #
Proposal for a regulation
Recital 20
Recital 20
(20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of public concession contracts. This type of contracts will be covered by the Directive ..../…[concessions]. Consequently, Chapter II of this Regulation should not apply to the provision of cargo- handling and passenger services, but Member States should remain free to decide to apply nevertheless the rules of this Chapter to these two services. For other types ofIn any case, the Court of Justice of the European Union has confirmed that in contracts used by public authorities for granting market access to cargo handling and terminal passenger services, the Court of Justice of the European Union has confirmed that the competent authorities are bound by the principles of transparency and non-discrimination when concluding these contracts. These principles are fully applicable as regards the provision of any port service.
Amendment 194 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) The Commission should, in writing, clarify the notion of State aid with regard to the financing of port infrastructures, taking into consideration that the exploitation of a port is an economic activity and public access and defence infrastructure have a non-economic nature by their predominant public goal.
Amendment 201 #
Proposal for a regulation
Recital 23
Recital 23
(23) Port service charges applied by providers of port services which are not designated in accordance with an open, transparent and non-discriminatory procedure entail a higher risk of price abuse given their monopolistic or oligopolistic situation and the fact that their market cannot be contested. The same is true for charges levied by internal operators in the meaning of this Regulation. For those services, in the absence of fair market mechanisms, arrangements should be established to ensure thcharges set by providers of port services which are not exposed to effective competition within the meaning of Article 9(1) and Article 6(1), should not be disproportionate the charges they levy reflect the normal conditions of the relevant market and aro the economic value of the services provided and should be set in a transparent and non-discriminatory way.
Amendment 218 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Port labour relations have a large influence on the working of the ports. Therefore the sectoral Social Dialogue Committee for ports gives the social partners a framework to establish results regarding work organisation and working conditions, such as health and safety, training and qualifications, EU policy on low sulphur fuels, attractiveness of the sector to young workers and female workers.
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Article 12(2) shall also apply to dredging.
Amendment 271 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. Member States may also apply this Regulation to other port services. In this case, they shall notify the Commission of their decision.
Amendment 274 #
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
2. "‘cargo handling services"’ means the organisation and handling of cargo between the carrying waterborne vessel and the shore be it for import, export or transit of the cargo, including the processing, lashing, stowing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 335 #
Proposal for a regulation
Article 3
Article 3
Amendment 351 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(d a) the availability of the service to all users;
Amendment 354 #
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(d b) the availability of the service without interruption during the day, the night, the week and the year;
Amendment 386 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the scarcity or reserved use of land provided that the managing body can demonstrate that the land constitutes an essential port facility to provide the port service anor waterside space provided that the limitation is in accordance with the formal development plan of the portdecisions or plans as agreed by the management body of the port and where appropriate any other public competent authorities according to the national legislation;
Amendment 391 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) Having regard to the existing different models for the organisation of port services, in the cases referred to in Article 9, where the internal operator carries out an activity directly exposed to effective competition, the remaining provisions of this Article shall not apply;
Amendment 404 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
The limitations applied according to paragraph 1 of this Article shall be proportionate to the grounds on which those limitations are put in place.
Amendment 425 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 434 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
Amendment 467 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 472 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that an independent supervisory body monitors and supervises the application of this Regulation in all the seaports covered by this Regulation on the territory of each Member Statetake appropriate measures, in accordance with European and national law to monitor the proper application of this Regulation.
Amendment 478 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The independent supervisory body shall be legally distinct from and functionally independent of any managing body of the port or providers of port services. Member States that retain ownership or control of ports or port managing bodies shall ensure an effective structural separation between the functions relating to the supervision and monitoring of this Regulation and the activities associated with that ownership or control. The independent supervisory body shall exercise its powers impartially and transparently and with due respect to the right to freely conduct businessMember States shall ensure that any party with a legitimate interest has the right to lodge a complaint against the decisions or individual measures taken pursuant to the provisions of this Regulation.
Amendment 483 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The independent supervisory body shall handleMember States shall notify to the cComplaints lodged by any party with a legitimate interest and the disputes brought before it arising in connecmission which mechanisms and procedures are used or put in place to comply with paragraph 1 and 2 of this Article twelve months after the entry into force of the Regulation withat the application of this Regulationlatest and subsequently any modification thereof.
Amendment 486 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 489 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. IOnly in the cases provided for in Article 6 (1) (b),a) or in cases when the national legislation of a Member State already so permits, the managing body of the port or the competent authority may decide to provide a port service under public service obligations itself or to impose such obligations directly onhrough a legally distinct entity over which it exercises a control similar to that exercised over its own departments. In such a case, the port service provider shall be considered as an internal operator for the purpose of this Regulation.
Amendment 494 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 497 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
Amendment 500 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 503 #
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
Amendment 508 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. This Regulation shall not affect the application of the social and labour rules of the Member States, provided these rules are in conformity with the EU Treaty rules.
Amendment 522 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Any party with a legitimate interest shall have the right tomay, under the conditions laid down in Article 263 paragraph 4 TFEU, appeal against thea decisions or individual measures taken under this Regulation by the competent authorities, or by the managing body of the port or by the independent supervisory body to an appeal body which is independent of the parties involved. This appeal body may be a court.
Amendment 524 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Training 1. The employer shall ensure that its employees receive the necessary training to acquire appropriate knowledge of the conditions in which their work is conducted and that they are properly trained to perform the work. 2. In full respect of the autonomy of social partners, the EU-level Sectoral Social Dialogue Committee for Ports is invited to develop guidelines for the establishment of training requirements. Those guidelines would enable port workers to acquire the necessary skills to perform their tasks and would aim at ensuring the highest level of safety and health for port workers. Such training requirements shall be regularly updated in order to reduce on an ongoing basis the occurrence of accidents at the workplace.
Amendment 527 #
Proposal for a regulation
Article 21
Article 21
Amendment 543 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 544 #
Proposal for a regulation
Article 11 b (new)
Article 11 b (new)
Article 11b Pilotage Exemption Certificate 1. When safety conditions allow it, Member States shall ensure that Pilotage Exemption Certificates can be granted for regular maritime lines. The criteria to grant such certificates shall be defined by the Member States after a risk assessment and take into account local conditions. 2. The corresponding requirements shall be transparent, non-discriminatory and not go beyond what is necessary to fulfil the objectives which the Pilot Exemption Certificates pursue.
Amendment 545 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The financial relations between public authorities and a managing body of the port thata port, or other entity that provides port services on its behalf, in receivespt of public funds shall be reflected in a transparent way in the accountsing system in order to clearly show the following:
Amendment 550 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where the managing body of thea port thatin receivespt of public funds provides port services itseor dredging, within the port area which falls into the legal competence of the managing body of the port, itself, or other entity provides port services or dredging, within the port area which falls into the legal competence of the managing body of the port, on its behalf, it shall keep the accounts of eachthat publicly funded port service activity or dredging separate from the accounts of its other activities, in such a way that:
Amendment 640 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 646 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that aneffective independent supervisory body monitors and supervisesmechanisms are in place to monitor the application of this Regulation and to handle complaints arising from the application of this Regulation in all the seaports covered by this Regulation on the territory of each Member State. To that end, the Member States shall designate one or several independent bodies.
Amendment 651 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The independent supervisory body shall be legally distinct from andhandling of complaints shall be carried out in a manner which excludes conflicts of interest and which is functionally independent of any managing body of the port or providers of port services. Member States tshat retain ownership or control of ports or port managing bodies shall ensull ensure that there anis effective structurfunctional separation between the functions rehandling of complating to the supervision and monitoring of this Regulation and the activities associated with that ownership or control. The independent supervisory body shall exercise its powersts on the one hand and the ownership and management of ports, provision of port services and port use on the other hand. The handling of complaints shall be impartially and transparently and withshall duely respect to the right to freely conduct business.
Amendment 654 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The independent supervisory body shall handle the complaints lodged by any party with a legitimate interest and the disputes brought before it arisMember States shall ensure that port users and other relevant stakeholders are informed of where and how to lodge a complaint, including, an indication of the authorities responsible for the handling inof connection with the application of this Regulationmplaints and relevant national authorities referred to in Articles 12(5), 13(3) and 14(7).
Amendment 658 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 662 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 665 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 668 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
Amendment 671 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8