Activities of Isabelle THOMAS related to 2013/0157(COD)
Plenary speeches (2)
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) FR
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) FR
Amendments (21)
Amendment 137 #
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 toinclude a clearly defined set of conditions concerning 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 thprotection of social and employment conditions, the equipment required, maritime safety standards and environmental requirements. These minimum requirements should serve only to improve the situation in a given port and do not constitute pgrovision of the port serviceunds for a reduction in standards.
Amendment 163 #
Proposal for a regulation
Recital 18
Recital 18
(18) The Member State or competent public authorities designated in a Member Statey should have the choice to decide to provide port services with public service obligations themselves or to entrust directly the provision of such services directly to an internal operator. In the case that a Member State or competent public authority decides to provide the service itself, this may cover the provision of services through agents employed by the competent public authority or commissioned by the competent public authority. When such limitation is applied in all the TEN-T ports in the territory of a Member State, the Commission should be informed. In the cases where the competent authorities in a Member State prevail on such a choicesuch cases, the provision of port services by the internal operators should be confined only to the port or ports for which those internal operators were designated. Moreover, in such cases, and the port service charges applied by such an operator should be subject to supervision by the independent supervisory body.
Amendment 236 #
Proposal for a regulation
Article 1 – paragraph 1 point a a (new)
Article 1 – paragraph 1 point a a (new)
(aa) a framework for the protection and recognition of safety, environmental and labour standards and Social Dialogue in the port services industry;
Amendment 248 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 260 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall apply to all seaports of the trans-European transport network, as defined in Annex I of Regulation XXX [regulation on the TEN-T Guidelines] and whose total annual freight volume is greater than 0.1% of total annual freight transiting through all EU seaports.
Amendment 281 #
Proposal for a regulation
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
2 a. ‘competent authority’ means any public competent authority or group of public competent authorities of a Member State or Member States, under whose jurisdiction a port or ports are established;
Amendment 283 #
Proposal for a regulation
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
2 a. ‘competent authority’ means any public or private body which, on behalf of a regional or national administrative level, is entitled to perform under national law or regulations activities related to the organisation and management of port activities in a seaport, in conjunction with or alternatively to the managing body of the port;
Amendment 286 #
Proposal for a regulation
Article 2 – point 4
Article 2 – point 4
Amendment 326 #
Proposal for a regulation
Article 3
Article 3
Amendment 342 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 348 #
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(c a) social requirements, including but not limited to health and safety obligations, fair terms of employment, decent living and working conditions including social protection and professional training, and the respect of collective bargaining agreements.
Amendment 358 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(d a) the continuity of the service.
Amendment 363 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 373 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The managing body of the port or the competent authority shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with Article 4 within one montha reasonable time, and within four months at the latest, from receiving a request for the granting of such a right and the necessary documents. Any refusal shall be duly justified on the basis of objective, transparent, non- discriminatory and proportionate criteria.
Amendment 382 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. By way of derogation from Article 3, tThe managing body of the port may limit the number of providers of port service for a given port service for one or sevin view, inter alia, of the following reasons:
Amendment 388 #
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 and that the limitation is 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 national legislation;
Amendment 424 #
Proposal for a regulation
Article 7
Article 7
Amendment 481 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Collective actions, including but not limited to strikes, shall not be considered a disruption of port services for which an emergency measure can be taken.
Amendment 515 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to natrelevant Unional and Unational law including rules on collective agreements between social partners, the managing bodies of the port mayor the competent authority shall 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 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. In the case of a port service governed by a public service obligation, the managing bodies of the port or the competent authority shall require the designated provider, where this provider is different from the incumbent provider of port services, to carry out the obligatory transfer of staff and to ensure that the staff are accorded the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 536 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services and passenger, passenger services or to pilotage, towing, mooring and bunkering services.
Amendment 538 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services and, passenger services, bunkering, mooring, port reception facilities, pilotage and towage.