Activities of Isabella DE MONTE related to 2013/0157(COD)
Plenary speeches (1)
Market access to port services and financial transparency of ports (debate) IT
Amendments (16)
Amendment 166 #
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 should 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 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 199 #
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 Regulationand which are not exposed to effective competition, entail a higher risk of price abuse. For those services, in the absence of fair market mechanisms, arrangements should be established to ensure that the charges they levy reflect the normal conditions of the relevant marketlevied are not disproportionate to the economic value of the services provided and are set in a transparent and non- discriminatory way.
Amendment 217 #
Proposal for a regulation
Recital 28
Recital 28
(28) The different independent supervisory bodies should exchange information on their work and cooperateIn the event of a cross-border dispute or complaint, the European supervisory body which receives the necessary information from the independent supervisory bodies in the various cooperating Member States should have competence, in order to ensure a uniform application of this Regulation.
Amendment 276 #
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, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding, unless otherwise determined by Member State, warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 304 #
Proposal for a regulation
Article 2 – point 12
Article 2 – 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 ofcontract or any other act of equivalent effect between a provider of port service and the managing body of the port or a competent authority; having as its subject-matter the provision of one or more port services as defined in Article 1(2), without prejudice to the form of designating providers of port services;.
Amendment 372 #
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 time, and in any events not exceeding four 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 397 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the absence of limitation leads to a financial compensation for the public service obligations which is excessively high for the managing body of the port or the competent authority, or for the port users;
Amendment 546 #
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, it shall keep the accounts of each port service activity or investment separate from the accounts of its other activities, in such a way that :
Amendment 554 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) all costs and revenues are correctly assigned or allocated for every single service provided on the basis of consistently applied and objectively justifiable cost accounting principles; and
Amendment 573 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The charges for the services provided by an internal operator as, referred to in Article 9 and the charges levied by providers of port service, in cases of limitation of the number of providers which have not been designated on the basis of procedures which are open, transparent and non- discriminatory, shall bs are set in a transparent and non- discriminatory way. These charges shall reflect the conditions on a competitive relevant market and shall not be disproportionate to the economic value of the service provided.
Amendment 581 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The managing body of the port shall levyMember State shall ensure that a port infrastructure charge is levied. This shall not prevent providers of port services which are using port infrastructures from levying port service charges.
Amendment 586 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In order to contribute to an efficient infrastructure charging system, the structure and the level of port infrastructure charges shall be deftermined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of theaccording to national ports policy and/or the individual port’s commercial strategy and investment plan and comply with competition reulevant market and in accordance with State aid rus, where applicables.
Amendment 609 #
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 thein a transparent manner ambount of the port infrastructure charges, including the total costs and revenues serving as a basis to determine the structure and the levelstructure and the criteria used to determine the amount of the port infrastructure charges. 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 645 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that there is an independent supervisory body to monitors and supervises the application of this Regulation in all the seaports covered by this Regulation on the territory of each Member State.
Amendment 650 #
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 business. The supervisory bodies of Member States shall be coordinated by an independent European supervisory body, which shall be competent in the event of a cross- border dispute or complaint or a dispute with other international authorities.
Amendment 659 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. In the event that the dispute arises between parties established in different Member States, the independent European supervisory body of the Member State of the port where the dispute is presumed to have its origin shall have competence to solve the dispute.