45 Amendments of Karim ZÉRIBI related to 2013/0157(COD)
Amendment 88 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on market access to port services and financial transparency of ports (Text with EEA relevance)
Amendment 93 #
Proposal for a regulation
Recital 1
Recital 1
(1) The full integration of ports in seamless logistic and transport chains is needed to contribute to growth and a more efficient use and functioning ofModern port services should help make ports more efficient and foster a climate conducive to the development of port investments in line with current and future transport and logistics requirements and a better interconnection with the trans- European transportil network and the internal market. This requires modern port services contributing to an efficient use of ports and a climate favourable to investments to develop ports in line with current and future transport and logistics requirements. A financial framework for financial transparency should serve as a basis for increased cross-border cooperation and coordination between ports in terms of planning infrastructure and management capacities.
Amendment 97 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 98 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) The Commission should put forward a trans-European plan, in the context of the Motorways of the Sea, in order to be able to develop ports in border regions, in particular on the Mediterranean, Black Sea, Atlantic and Baltic Sea coasts, so as to ensure the provision of appropriate port services in terms of distance of flows of goods between the port of departure and port of arrival, thereby contributing to a reduction in pollution and noise pollution from transport by land.
Amendment 112 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Pilotage, mooring and towing services are technical nautical services which have public service characteristics such as the universality and continuity of service, regulation and supervision by the public authorities, and the satisfaction of public interest requirements, such as maritime safety and environmental protection. These characteristics justify the fact that some Member States have established a specific legal framework governing the providers of these services, and that they are excluded from the scope of Chapter II of this Directive;
Amendment 115 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Mooring services have the characteristics of a public service, such as universality and continuity of service, regulation and supervision by the public authorities and the satisfaction of public interest requirements such as maritime safety and environmental protection. These characteristics were recognised for mooring services by the Court of Justice of the EU in its judgment of 18 June 1998 Corsica Ferries France (C-266/96);
Amendment 125 #
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 thatimpose on 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 concerninginclude, inter alia, the professional qualifications of the operators, including in terms of training, and the equipment required insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port services well as respect for the collective agreements and national social standards applicable to the service concerned, the necessary equipment, respect for the requirements as regards maritime safety, port security and environmental requirements.
Amendment 138 #
Proposal for a regulation
Recital 14
Recital 14
(14) The recourse toMember States should be able to impose public service obligations leading tojustifying a limitation in the number of providers of a port service should only be justified for reasons of public interest in order to ensure the accessibility of the port service to all users, the availability of the port service all year long or the affordability of the port service to certain category of users, maritime security and safety and protection of the environment.
Amendment 143 #
Proposal for a regulation
Recital 17
Recital 17
(17) The managing body of the port should not discriminate between providers of port services, in particular in favour of an undertaking or body in which it holds an interest.
Amendment 191 #
Proposal for a regulation
Recital 28
Recital 28
(28) The different independent supervisory bodies should exchange information on their work and cooperate in order to ensure a uniformconsistent application of this RegulationDirective.
Amendment 194 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to supplement and amtrengthend certain non-essential elements of this Regulation and in particular to promote the uniform applicationDirective in terms of environmental charging, reinforce the Union-wide coherence of environmental charging and to ensure common charging principles in relation to the promotion of short sea shipping, and, more broadly, the Motorways of the Sea, as provided for within the framework of the rules on the Trans-European Transport Networks, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of common classifications of vessels, and fuels and types of operations according to which to vary the infrastructure charges and common charging principles for port infrastructure charges. It is of particular importance that. When adopting such delegated acts, the Commission shall take into account the Environmental Ship Index as well as progress made by the World Ports Climate Initiative (WPCI). These classifications should serve as a basis for variations in infrastructure charges without calling into question the Ccommission carry out appropriate consultations during its preparatory work, including at expert levelpetence of the relevant port authorities in terms of setting port infrastructure charges. The Commission, when preparing and drawing- up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 202 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to ensure uniformappropriate conditions for the implementation of this RegulationDirective, implementing powers relating to appropriate arrangements for the exchange of information between independent supervisory bodies should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers13. __________________ 13 OJ L 55, 28.02.11, p. 13. OJ L 55, 28.02.11, p. 13.
Amendment 206 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Working conditions in ports have a great impact on their efficiency. In this connection, the sectoral social dialogue committees for ports should play their role of conciliation in terms of social conditions, in particular working conditions, health and safety, training and qualifications. The Commission should facilitate and support negotiations and follow them up. The social partners are called upon to report on their progress in good time so that it can be included by the Commission when it draws up its report on the effects of this Directive.
Amendment 224 #
Proposal for a regulation
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) mooring;
Amendment 233 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This RegulationDirective shall apply to all seaports of the core network of the trans-European transport network, as defined in Annex I of Regulation XXX [regulation on the TEN-T Guidelines].
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. "mooring" means the mooring services in charge of berthing and un- berthing serviceoperations required for a waterborne vessel being anchored or otherwise fastened to the shore in the port or in the waterways access to the port;
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. "port infrastructure charge" means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of infrastructures, facilities and services, under the control and the administrative management of the managing body of the port, that allow vessels entry and exit in and out of the port, including the waterways giving access to those ports, as well asnd access to the processing of passengers and cargo and land connections with the port;
Amendment 255 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
12. "port service contract" means a formal and legally binding agreement between a provider of port service and a competent authority whereby this body designates a provider of port service to provide port services following a procedure to limit the number of providers of port services, without prejudice to the existing procedures for designating port service providers in the Member States;
Amendment 272 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The managing body of the port or the competent authority may require that providers of port services comply with minimum requirements to perform the corresponding port service.
Amendment 284 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the credentials of the applicant with regard to respect for social and labour rights, including respect for existing collective agreements and the legal provisions in terms of health and safety at the workplace;
Amendment 291 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 298 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The managing body of the port shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with Article 4 within onea reasonable period of time and in any case no more than six months from receiving a request for the granting of such a right. Any refusal shall be duly justified on the basis of objective, transparent, non- discriminatory and proportionate criteria.
Amendment 302 #
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 thewhich is essential for the provision of port services and that the limitation is, where applicable, in accordance with the formal development plan of the port as agreed by the management body of the port and where appropriate any other public competent authorities according to the relevant national legislation;
Amendment 308 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) where the characteristics of the port traffic of a given port do not enable multiple providers to provide port services in economically satisfactory conditions and/or in terms of security and quality of service;
Amendment 342 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure whilst strictly complying with the applicable national rules on social rights. The emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9.
Amendment 358 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. This RegulationDirective shall not affect the application of the social and labour rules of the Member States or the relevant collective agreements applicable.
Amendment 365 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to relevant national andlaw, Union law, including collective agreements between social partners particular Directives 2002/14/EC and 2001/23/EC, and collective agreements between social partners at the European, national, regional or local level, the managing bodies of the port mayshall require the designated provider of port services appointed in accordance with the procedure established by Article 7, in the case where this provider is different from the incumbent provider of port services, to respect rights in terms of informing and consulting workers and to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 373 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where mManaging bodies of the port require providers of port services to comply with certain social standards as regards the provision of relevant port services. To that end, tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services.
Amendment 381 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter and the transitional provisions of Article 24 shall notonly apply to cargo handlbunkering services and passenger servicort reception facilities.
Amendment 389 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where the managing body of the port that receives public funds provides port services itself and receives public funds for those port services, it shall keep thwo separate accounts, of eachne for the port service activity separate from the accounts ofies for which it receives public funding and another for its other activities, in such a way that :
Amendment 421 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with commercial practices related to frequent users, or in order to the port's economic strategy, commercial practices and spatial planning policy, as defined by the port. These charges may thus vary in particular according to how frequently the port is used, the promoteion of a more efficient use of the port infrastructure, short sea shipping or a high environmental performance, energy efficiency or carbon efficiency of transport operations. The criteria used for such a variation shall be relevant, objective, transparecomply with the rules on state aid and competition, take into and non-discriminatory and in dueccount external costs and respect of the competition rules. The resulting variation shall in particular be available to all relevant port service users on equal termsprinciple of non- discrimination on grounds of nationality.
Amendment 427 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission shall be empowered to adopt, where necessary, delegated acts in accordance with the procedure referred to in Article 21 concerning commoninternational classifications of vessels, and fuels and types of operations according to which thethat are liable to affect the variation of infrastructure charges can vary and common charging principles for port infrastructure chargesd the common environmental guidelines that enable the port authority to take into account the existing fleet.
Amendment 433 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The managing body of the port shall inform port users and the representatives or associations of port users about the structure and the criteria used to determine the amount of the port infrastructure charges, including the total costs and revenues serving as a basis to determine the structure and the level of the port infrastructure charges, without, however, any connection being made between them. It shall inform users of the port infrastructures of any changes in the amount of the port infrastructure charges or in the structure or criteria used in order to determine such charges at least three months in advance.
Amendment 436 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The managing body of the port shall make available to the competent independent supervisory body and to the Commission, upon request and in a transparent manner, the information referred to in paragraph 4 and the detailed costs and revenues, serving as a basis to determine the structure and the level of the port infrastructure charges and the methodology used for setting the port infrastructure charges with regard to the facilities and services to which these port charges relate to.
Amendment 442 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The managing body of the port shall establish a committee of representatives of operators of waterborne vessels, cargo owners or other port users which are requested to pay an infrastructure charge or a port service charge or both. This committee shnsure that appropriate consultation mechanisms exist, bringing together, amongst others, representatives of operators of waterborne vessels, cargo owners or other port users, including representatives of interconnected transport service providers. These consultations shall enable stakeholders to be adequately informed about the structure and level of port infrastructure charges, especially where they are modified substantially, be called the "port users' advisory committee"fore such modifications are implemented and before such charges are set.
Amendment 445 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users' advisory committee on the structure and level of such charges. The providers of port services as referred to in Article 6 and in Article 9(1) shall consult on an annual basis, prior to the setting of port service charges, the port users' advisory committee on the structure and level of such charges. The managing body of the port shall provide adequate facilities for such consultation andlatter shall be informed of the results of the consultation by the providers of port services.
Amendment 454 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The managing body of the port shall regularly consult stakeholders such as undertakings established in the port, providers of port services, operators of waterborne vessels, representatives of port service workers, cargo owners, land transport operators and public administrations operating in the port area, in addition to representatives of residents living near the port area and representatives of non-governmental organisations (NGOs) on the following:
Amendment 460 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) the consequences of planning and of spatial planning decisions in terms of environmental performance;
Amendment 468 #
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 Regulationcompliance with this Directive in all the seaports covered by this RegulationDirective on the territory of each Member State.
Amendment 515 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory bodies shall exchange information about their work and decision-making principles and practices in order to facilitate a uniformharmonised implementation of this RegulationDirective. For this purpose, they shall participate and work together in a network that convenes at regular intervals and at least once a year. The Commission shall participate, coordinate in and support the work of the network.
Amendment 519 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Member States shall ensure that the independent supervisory bodies shall provide the Commission, after a reasoned request, with the information necessary for it to carry out its tasks. The information requested by the Commission shall be necessary and proportionate to the performance of those tasks.
Amendment 532 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 536 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Transposition Member States shall adopt and publish, by [two years after adoption] at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those measures from [two years after adoption].
Amendment 538 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 541 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3