BETA

Activities of Elena GENTILE related to 2013/0157(COD)

Plenary speeches (1)

Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) IT
2016/11/22
Dossiers: 2013/0157(COD)

Amendments (17)

Amendment 30 #
Proposal for a regulation
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 appears therefore appropriate at this stage not to regulate this issue at Union level and to leave it 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.deleted
2015/09/07
Committee: EMPL
Amendment 34 #
Proposal for a regulation
Recital 7
(7) In the interest of efficient, safe and environmentally and socially 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 provisions. These minimum requirements should also take into account environmental requirements as well as national social standards, compliance with the provisions on health and safety that apply to the port concerned and the good repute of the port service provider.
2015/09/07
Committee: EMPL
Amendment 36 #
Proposal for a regulation
Recital 7 a (new)
(7 a) Each service provider, and especially one that is a new market entrant, should demonstrate its ability to serve a minimum number of vessels with its own staff and equipment. The service provider should apply the relevant provisions and rules including applicable labour laws, applicable collective agreements, and quality requirements of the port concerned.
2015/09/07
Committee: EMPL
Amendment 48 #
Proposal for a regulation
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 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, or safe, secure and environmentally and socially sustainable port operations.
2015/09/07
Committee: EMPL
Amendment 59 #
Proposal for a regulation
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 workers’ health and safety, as well as the quality of services. Adequate training should 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 workers, to minimise the risk of accidents and to meet future skill requirements.
2015/09/07
Committee: EMPL
Amendment 63 #
Proposal for a regulation
Recital 19 c (new)
(19c) All models for the organisation of port labour that secure quality jobs and safe working conditions should be supported by the Commission and the Member States. Any necessary adjustments should only be promoted through negotiations between the social partners, and the Commission should duly take into account the results of such negotiations.
2015/09/07
Committee: EMPL
Amendment 72 #
Proposal for a regulation
Recital 31 a (new)
(31a) Labour relations have a significant influence on the activities and working of the ports. Therefore the EU level Sectoral Social Dialogue Committee for Ports should be able to provide the EU social partners with a framework for the possible adoption of common results regarding social issues related to port labour relations. The Commission should facilitate, support and offer technical assistance to the negotiations where necessary, while respecting the autonomy of the social partners. The EU social partners should have the possibility to report on any progress made, if they wish so, so that their outcomes could be taken into account by the Commission when reporting on the effect of this Regulation.
2015/09/07
Committee: EMPL
Amendment 95 #
Proposal for a regulation
Chapter 2 – title
Market acOrganisation of port servicess
2015/09/07
Committee: EMPL
Amendment 97 #
Proposal for a regulation
Article 3
Freedom to provide services 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 Chapter. 2. Providers of port services shall have access to essential 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.Article 3 deleted
2015/09/07
Committee: EMPL
Amendment 111 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
(da) the compliance with national social standards;
2015/09/07
Committee: EMPL
Amendment 112 #
Proposal for a regulation
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 and with agreements to protect health and safety.
2015/09/07
Committee: EMPL
Amendment 141 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
(ca) the safety, security or environmental sustainability of ports operations.
2015/09/07
Committee: EMPL
Amendment 142 #
Proposal for a regulation
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 9or shall apply Article 9. Collective actions shall not be a disruption of port services for which emergency measures can be taken.
2015/09/07
Committee: EMPL
Amendment 155 #
Proposal for a regulation
Article 10 – paragraph 2
2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the portMember States 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 and where the incumbent provider ceases its commercial operations, 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.
2015/09/07
Committee: EMPL
Amendment 163 #
Proposal for a regulation
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.
2015/09/07
Committee: EMPL
Amendment 172 #
Proposal for a regulation
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, cargo owners, land transport operators and, public administrations and representatives of the employers and employees operating in the port area on the following:
2015/09/07
Committee: EMPL
Amendment 174 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
(ca) the compliance with the minimum requirements provided for in Article 4(2), including the proper application of health and safety at work which apply to the port concerned;
2015/09/07
Committee: EMPL