46 Amendments of Cláudia MONTEIRO DE AGUIAR related to 2013/0157(COD)
Amendment 108 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Ports can contribute to the long term competitiveness of European industries in world markets while adding value and jobs in all EU coastal regions. In order to address the challenges facing the maritime transport sector, such as the inefficiencies in the sustainable transport and logistics chain, it is essential that the actions set out in the Commission communication entitled 'Ports: an engine for growth' be implemented in tandem with this Regulation. The complexity of administrative procedures for customs clearance, resulting in delays in ports, represents a major obstacle to the competitiveness of short-sea shipping and the efficiency of Union ports.
Amendment 118 #
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majority of Union maritime traffic transits through the seaports of the trans-European transport network. In order to achieve the aim of this Regulation in a proportionate way without imposing any unnecessary burden on other ports, this Regulation should only apply to the seaports of the trans-European transport network, each of which playing a significant role for the European transport system either because it handles more than 0.1% of the total EU freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas, without prejudice, however, to the possibility of Member States deciding to apply this Regulation to other ports as well. However, this Regulation should give Member States the possibility to decide whether to apply or not this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions. Member States may also introduce derogations in order to avoid disproportionate administrative burdens for those maritime ports of the comprehensive trans-European transport network whose annual traffic does not justify the full application of this Regulation. Pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this Regulation.
Amendment 123 #
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 127 #
Proposal for a regulation
Recital 5
Recital 5
(5) The objective of Article 56 of the Treaty on the Functioning of the European Union is to eliminate restrictions on freedom to provide services in the Union. In accordance with Article 58 of the Treaty on the Functioning of the European Union should be achieved within the framework offreedom to provide services in the field of transport is governed by the provisions of the Title relating to transport, more specifically Article 100 (2).
Amendment 133 #
Proposal for a regulation
Recital 6
Recital 6
(6) The self-provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of Member States for safety or social reasons. The stakeholders consulted by the Commission when preparing its proposal highlighted that imposing a generalised allowance of the self-provision of service at Union level would require additional rules on safety and social issues in order to avoid possible negative impacts in these areas. It appearis therefore not appropriate at this stage not to regulate this issue at Union level and to leave iit should instead be left to the Member States to regulate the self-provision of port services or not. Therefore, this Regulation should only cover the provision of port services for remuneration.
Amendment 146 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Due to the significant variations in the size of ports, the economic capacity and the amount of space available for operations on the water also need to be taken into account when limiting the number of providers of port services. Moreover, it should be possible to limit access to the market so as to ensure safe, secure or environmentally sustainable port operations.
Amendment 164 #
Proposal for a regulation
Recital 18
Recital 18
(18) The managing body of the port concerned or the competent authorities designated in a Member State 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 competent authority decides to provide the service itself, this may cover the provision of services through agents employed by the competent authority or commissioned by the competent authority. When such limitation is applied in all the TEN-T seaports 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 choice, 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, the port service charges applied by such an operator should be subject to supervision by the independent supervisory bodyion.
Amendment 170 #
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should retain the full power to ensure an adequate level of social protection for the staff of undertakings providing port services. This Regulation shallould not affect the application of the social and labour rules of the Member States. 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 askshould 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.
Amendment 176 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In a highly complex, and competitive sector such as port services, training of new recruits as well as lifelong training of staff are essential for ensuring port worker's health and safety, as quality of services and competitiveness of EU ports. Relevant training should be provided to 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 port workers, to minimise the risk of accidents and take into consideration the future needs of the sector in light of technological and logistical changes imposed by customers' demand.
Amendment 180 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) The European port sector is facing certain challenges that can impact both its competitiveness and social dimension. These challenges are: the ever increasing size of ships, the competition from non- EU ports, increasing market power as a result of alliances between shipping lines, the need to timely negotiate new working patterns and provide adequate training for technological innovation and minimise its social impact, the growing volumes which are more and more clustered, the lack of adequate investments on hinterland infrastructures, the removal of administrative barriers to the internal market, the changing energy landscape and the growing societal and environmental pressure. The Member States, together with the social partners, should address these challenges with the aim to safeguard both the competitiveness of the sector and the good working conditions in ports.
Amendment 193 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Commission should clarify the notion of State aid with regard to the financing of port infrastructure, taking into consideration the non-commercial nature of public access and defence infrastructure.
Amendment 212 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure the proper and effective application of this Regulation, an independent supervisory body, which could be an already existing body, should be designated in every Member Statat an independent complaints mechanism is in place, one or more bodies providing independent supervision should be designated in every Member State. Already existing bodies, such as competition authorities, courts, ministries or departments within ministries not linked to the managing body of the port could be designated for this purpose.
Amendment 215 #
Proposal for a regulation
Recital 28
Recital 28
(28) The different bodies providing independent supervisory bodies should exchange information on their work and cooperate in order to ensure a uniform application of this Regulationion should cooperate with each other and exchange information on their work in cases concerning cross- border disputes and complaints .
Amendment 225 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to supplement and amend certain non-essential elements of this Regulation and in particular to promote the uniform application 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 shippreinforce the Union-wide coherence of environmental charging, 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, fuels and types of opinternations according to which to vary the infrastructure charges and common charging principles for port infrastructure charges. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert leval classifications of vessels and fuels. 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 to the Council.
Amendment 227 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 245 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 259 #
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 definlisted in Annex II of Regulation XXX [regulationEU No 1315/2013 of the European Parliament and onf the TEN- T Guidelines]Council.
Amendment 263 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Member States have the possibility to decide not to apply this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions as referred to in Article 349 TFEU. When Member States decide not to apply this Regulation to such maritime ports, they shall notify their decision to the Commission.
Amendment 264 #
Proposal for a regulation
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. This Regulation is without prejudice to the principle of freedom to provide services as foreseen in the Articles 56 and 58 of the TFEU.
Amendment 285 #
Proposal for a regulation
Article 2 – point 3
Article 2 – point 3
3. ‘dredging’ means the removal of sand, sediment or other substances from the bottom of the waterway access to a port in order to allow waterborne vessel to have access to the port and comprises both the initial removal (capital dredging) and the maintenance dredging in order to keep the waterway accessible and is not a port service offered to the users;
Amendment 293 #
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
6. ‘mooring’ means the berthtying and un- berthing services required for a waterborne vessel being anchored or otherwise ftying of a waterborne vessel to the berth, the quayside or a buoy in order to immobilise the vessel thereby allowing people, pastsened to the shore in the port or in the waterways access to the portgers, goods or cargo to be safely moved onto or from the waterborne vessel;
Amendment 302 #
Proposal for a regulation
Article 2 – point 9
Article 2 – 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 that allow vessels entry and exit in and out of the port, including the waterways giving access to those ports, as well as access to the processing of passengers and cargo where these waterways are administered and managed by the port itself, access to the processing of passengers and cargo, but excluding land lease rates and charges having equivalent effect;
Amendment 310 #
Proposal for a regulation
Article 2 – point 16
Article 2 – point 16
16. ‘seaport’ means an delimited area of land and water made up of such works and equipmen, amongst other things, of infrastructures and facilities managed autonomously by the managing body of the port so as to permit, principally, the reception of ships, their loading and unloading, the storage of goods, the receipt and delivery of these goods and the embarkation and disembarkation of passengers; and any other infrastructure necessary for transport operators within the port areapersons;
Amendment 328 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Freedom to provideorganise port services
Amendment 331 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Freedom to provide services in seaports covered by this Regulation shall apply to the providers of port services established in the Union under the conditions set out in this ChapterThe managing body of the port or the competent authority shall be free to: (a) impose minimum requirements to port service providers; (b) limit the number of providers; (c) impose public service obligations; (d) allow internal operators or; (e) provide free open access to the market of port services.
Amendment 334 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Providers of port services shall have access to When organising the port services as foresseential port facilities to the extent necessary for them to carry out their activities. The terms of the access shall be fair, reasonable and non- discriminatory in paragraph 1 the managing body of the port or the competent authority shall respect the conditions set out in this Chapter.
Amendment 340 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. TWithout prejudice to the possibility of imposing public service obligations according to Article 8, 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 services.
Amendment 350 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the availability of the port service to all users;
Amendment 355 #
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 362 #
Proposal for a regulation
Article 4 – paragraph 2 – point d c (new)
Article 4 – paragraph 2 – point d c (new)
(dc) the compliance with social and labour legislation of the Member States.
Amendment 418 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When a managing body of a port or a competent authority 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 limitingshall take necessary measures to avoid conflicts of interest. In the absence of such measures, the number of providers of port serviceshall not be less to han 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 twotwo, unless any of the reasons listed in paragraph 1 justifies a limitation to a single provider.
Amendment 429 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any limitation of the number of providers for a port service in accordance with Article 6 shall follow a selection procedure which shall be open to all interested parties, non-discriminatory and transparent. The managing body of the port or the competent authority shall communicate to all interested parties information concerning the organisation of the selection procedure and the submission deadline, as well as all relevant award criteria and requirements.
Amendment 450 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The Member States may decideshall designate the competent authorities within their territory, which may be the managing body of the port, entitled to impose public service obligations related to port services on providers in order to ensure the following:
Amendment 454 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the availability of the service to all users, where appropriate on equal terms;
Amendment 458 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the provision of adequate transport services to the public;
Amendment 476 #
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 onetwo 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 487 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. IOnly in the cases provided for in Article 6 (1) (b), the competent authorityor in cases where the national legislation of a Member State already so permits, the managing body of a port may decide to provide a port service under public service obligations itself or to impose such obligations directly on 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 516 #
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 mayight 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.
Amendment 527 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 533 #
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 pilotage, cargo handling services and passenger services.
Amendment 556 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The public funds referred to in paragraph 1 shall include share capital or quasi-capital funds, non-refundable grants, grants only refundable in certain circumstances, award of loans including overdrafts and advances on capital injections, guarantees given to the managing body of the port by public authorities, dividends paid out and profits retained or any other form of public financial support.
Amendment 566 #
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7a. Member States will have the possibility to decide that paragraph 2 shall not apply to their ports of the comprehensive network that do not meet the criteria in point (b) of Article 20(2) of Regulation (EU) No 1315/2013 in case of disproportionate administrative burdens, seeing that any public funds received, and their use for providing port services, remain fully transparent in the accounting system. In that case, the Member States shall inform the Commission accordingly in advance.
Amendment 595 #
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 the port’s economic strategy, the port’s spatial planning policy, and/or commercial practices, related to frequentinter alia to certain categories of users, or in order to promote 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, transparent and non-discriminatory and in due respect of the competition rules. The resulting variation shall in particular be available to all relevant port service users on equal term, objective and comply with state aid and competition rules.
Amendment 607 #
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 common international classifications of vessels, fuels and types of operation and fuels according to which the infrastructure charges can vary and common charging principles for port infrastructure chargesin line with the International Maritime Organization.
Amendment 641 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Independent supervisory bodyion
Amendment 678 #
Proposal for a regulation
Article 18
Article 18