45 Amendments of Rina Ronja KARI related to 2013/0157(COD)
Amendment 22 #
Proposal for a regulation
Title 1
Title 1
Amendment 26 #
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 of the trans- European transport 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 portModern port services should contribute to an efficient use and functioning of ports and a climate favourable to develop ports and create quality jobs in line with current and future transport and logistics requirements.
Amendment 31 #
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 toprovide 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 the provision of the port service order to provide the specific port service in compliance with maritime safety requirements and environmental requirements. These requirements should take into account relevant social and labour standards as well as the good repute of the port service provider with regards to the respect of social and labour rights as well as applicable collective bargaining agreements.
Amendment 47 #
Proposal for a regulation
Recital 14
Recital 14
(14) The recourse to public service obligations leading to a limitation in the number of providers of a port service should only be justified for reasons of public interest in order to ensure inter alia 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, environmentally sustainable port operations or safe and secure port operations.
Amendment 51 #
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 54 #
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 and it shall take into account Article 28 of the Charter of Fundamental Rights of the European Union. 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 asky shall ensure that the chosen service operator to applyies 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 60 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
Amendment 70 #
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 uniform application of this Regulationcase of any cross-border dispute or complaint.
Amendment 77 #
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 recognition of safety, environmental and labour standards and Social Dialogue in the port service sector;
Amendment 110 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In order to address the challenges facing the maritime transport sector, it is essential that the actions on administrative simplifications set out in the Commission communication entitled 'Ports: an engine for growth' on administrative simplification be implemented in tandem with this Regulation. The complexity of administrative procedures for customs clearance, resulting in delays at ports, represents a major obstacle to the competitiveness of short sea shipping and the efficiency of Union ports.
Amendment 126 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 131 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 139 #
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 the equipment needed in order to provide the relevant port service, and compliance with maritime safety requiprement required insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port services. These minimum requirements should also take into account environmental requirements as well as national social standards and the good repute of the port service provider regarding the respect of social and labour rights, and compliance with the applicable collective bargaining agreements.
Amendment 145 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 152 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 168 #
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. In cases of limitation and should take into account Article 28 of the numbCharter of port service providers, wFundamental Rights of the European Union. 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 askthe Member States shall require 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 175 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In a highly complex and dangerous sector such as port services, training of new recruits as well as lifelong training of staff are essential for ensuring dockworkers' health and safety, as well as the quality of services. Adequate training shall be a right for every worker entering the port sector. The EU-level Sectoral Social Dialogue Committee for Ports should be able to develop guidelines for the establishment of training requirements to ensure a high quality of education and training of dockworkers, to minimise the risk of accidents and to meet future skill requirements.
Amendment 177 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Developments in the maritime industry, such as the increasing size of vessels and overcapacity, aggravate the already fluctuating demand for dockworkers. In many ports this has resulted in an increase of casual work arrangements, which lead to precarious and unsocial working conditions. The Member States, together with the social partners, shall take measures to ensure employment continuity and social protection, despite the fluctuations in demand for dock labour, in accordance with the principles set out in the ILO Convention concerning the Social Repercussions of the New Methods of Cargo Handling in Docks (ILO Convention No. 137).
Amendment 228 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 247 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 280 #
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, unlashing, securing 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 cargowithout prejudice to the definitions in place in the Member States;
Amendment 324 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
Amendment 327 #
Proposal for a regulation
Article 3
Article 3
Amendment 341 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The managing body of the portWithout prejudice to the possibility of imposing public service obligations as provided for in Article 8, the managing body of the port or the competent national authority may require that providers of port services, including subcontractors, comply with minimum requirements to perform the corresponding port service.
Amendment 344 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The minimum requirements provided for in paragraph 1 may only relate, where applicable,relate to:
Amendment 347 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the compliance with requirements on the maritime safety or the safety and security of the port or access to it, its installations, equipment, workers and persons;
Amendment 357 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the compliance with social and labour laws, including applicable collective agreements, and agreements on the protection of health and safety of workers;
Amendment 360 #
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(db) the good repute of the port service provider with regard to the respect of social and labour rights, including the compliance with applicable Union and national law, with standards set by collective bargaining agreements and with agreements to protect health and safety, including accidental prevention.
Amendment 368 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. When a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls, the competent national authority shall exercise the powers provided for in paragraph 1.
Amendment 383 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. BWithout prejudice to the different models for the organisation of port services and by way of derogation from Article 3, the managing body of the port or the competent national authority may limit the number of providers of port service for a given port service for one or several of the following reasons:
Amendment 393 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) the need to ensure the health and safety of workers, or the provision of secure or environmentally sustainable port operations;
Amendment 419 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls, the Member State may entrust the adoption of the decision limiting the number of providers of port services to an authority which is independent from the managing body of the port. If the Member State does not entrust the adoption of the decision limiting the number of providers of port services to such an authority, the number of providers shall not be less than two except if any of the reasons laid down in paragraph 1 justifies a single provider.
Amendment 425 #
Proposal for a regulation
Article 7
Article 7
Amendment 459 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the health and safety of workers and the safety, security or environmental sustainability of ports operations.
Amendment 462 #
Proposal for a regulation
Article 8 – paragraph 1 – point c b (new)
Article 8 – paragraph 1 – point c b (new)
(cb) the compliance with social and labour law, including applicable collective agreements.
Amendment 465 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. TWhile the obligations referred to in paragraph 1 shall be clearly defined, transparent, non- discriminatory, verifiable and shall guarantee equality of access to all port service providers established in the Union, they are not subject to restrictions by the Union.
Amendment 479 #
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. 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 480 #
Proposal for a regulation
Article 8 – paragraph 6 – subparagraph 1 (new)
Article 8 – paragraph 6 – subparagraph 1 (new)
Collective actions do not constitute a disruption of port services for which emergency measures can be taken.
Amendment 510 #
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, including applicable collective agreements, of the Member State in which the port is located.
Amendment 517 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port may 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 servicesat European, national, regional or local level, the Member States shall require the designated provider of port services, in the case where this provider is different from the incumbent provider of port services and where the incumbent provider ceases its commercial operations, to respect the rights in terms of information and consultation of workers and to grant staff previously taken on by the incumbent provider of port services, irrespective of whether they perform their tasks on board vessels or on land for the services in question, the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 520 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where mManaging bodies of the port require all providers of port services to comply with certainall social and labour standards as regards the provision of relevant port servicesset out in Union or national law including applicable collective agreements. To this 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 521 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Working arrangement shall ensure the protection and continuation of employment in accordance with Member States rules and applicable collective agreements, and in line with ILO Convention No 137. Member States, in full cooperation with the social partners, shall take actions to ensure a balance between the fluctuation in demand for port work and the continuity and protection of employment.
Amendment 526 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Training and labour protection 1. The employer shall ensure that its employees receive the necessary training to acquire a sound knowledge of the conditions in which their work is conducted and that they are properly trained to tackle the hazards which the work may entail. Member States shall take the necessary measures to ensure that such a principle is properly enforced. 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 to prevent accidents and ensure the highest level of safety and health for dockworkers. Such training requirements shall be regularly updated in order to reduce on an ongoing basis the occurrence of accidents at the workplace. 3. Member States, in full cooperation with social partners, shall take measures in order to set up arrangements which ensure a balance between the fluctuation in the demand for port work and flexibility required by port operations, on the one hand, and continuity and protection of employment, on the other hand. 4. Without prejudice to national law and applicable collective agreements, the employer shall ensure that working time arrangements safeguard the health and safety of its employees and are in line with Directive 2003/88/EC.
Amendment 537 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter, with the exception of Articles 4(2), 8(6), 10, and the transitional provisions of Article 24 shall not apply to cargo handling services and, passenger services, pilotage and towage.
Amendment 632 #
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 trade unions, the local community, environmental organisations, the local business community, undertakings established in the port, providers of port services, operators of waterborne vessels, cargo owners, land transport operators and public administrations operating in the port area on the following: