Activities of Siôn SIMON related to 2013/0157(COD)
Plenary speeches (2)
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
Amendments (48)
Amendment 24 #
Proposal for a regulation
Title 1
Title 1
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on market access to port services and financial transparency of ports
Amendment 28 #
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majorityA significant proportion of Union maritime traffic transits through the core 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 portsand in recognition of the extra support for those ports through Union measures and funding, this Regulation should apply to thonly to the core ports 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. 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 Regulationnetwork. Future consideration may be given to its extension subject to appropriate consultation and impact assessment.
Amendment 32 #
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 the provision of the port service. protection 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 grounds for a reduction in standards.
Amendment 40 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 43 #
Proposal for a regulation
Recital 11
Recital 11
(11) Any intention to limit the number of port service providers, and a justification for that limitation, should be published in advance by the Member State, competent authority and should be fully justifiedor managing body of the port that intends to apply that limitation, in order to give the interested parties the opportunity to comment. The criteria for any limitation should be objective, transparent and non- discriminatory.
Amendment 45 #
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 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 usersby Member States or competent authorities, for those port services classified as being of general interest, shall take place in accordance with principles and requirements of EU law.
Amendment 52 #
Proposal for a regulation
Recital 18
Recital 18
(18) The Member State or competent 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 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 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 73 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 76 #
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 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) common rules on the financial transparency and charges to be applied by managing bodies or providers of port servicesof port services covered by this Regulation.
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 88 #
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 core network, as defined in Annex I of Regulation XXX [regulation on the TEN-T Guidelines].
Amendment 90 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 91 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – 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, stowing, 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 cargo;
Amendment 92 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
2a. ‘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 93 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
18. ‘waterway access to a port’ means water access to the port from the open sea, such as port approaches, fairways, rivers, sea canals and fjords, if such a waterway falls within the legal competence of the managing body of the port or a competent authority.
Amendment 94 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
Amendment 96 #
Proposal for a regulation
Article 3
Article 3
Amendment 99 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. In the event that the managing body of the port does not require minimum requirements, the Member State or competent authority may impose such requirements on the managing body of the port.
Amendment 102 #
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, wh to intere applicable, tolia:
Amendment 106 #
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) 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 114 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The implementation of this regulation shall under no circumstances constitute grounds for a reduction in the level of minimum requirements for the provision of port services already afforded by Member States or competent authorities.
Amendment 118 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. By way of derogation from Article 3, the managing body of the portThe Member State or competent authority may limit the number of providers of a port service forin a given port service for one or several of the following reasonsreasons, including:
Amendment 122 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) to ensure compliance with minimum service requirements as provided for under Articles 4 and 5.
Amendment 125 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) In the cases provided for in Article 9 (1), whereby the port service provider is considered as an internal operator for the purpose of this Regulation;
Amendment 127 #
Proposal for a regulation
Article 6 – paragraph 1 – point b b (new)
Article 6 – paragraph 1 – point b b (new)
(bb) When the managing body of the port is neither the Member State nor the competent authority, that managing body may limit the number of providers in accordance with paragraph 1 in cases where national legislation so permits.
Amendment 130 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 131 #
Proposal for a regulation
Article 7
Article 7
Amendment 133 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member StatesIn the cases where Member States or competent authorities classify port services as being of general interest, they may decide to impose public service obligations related to portthose services on providers in order to ensure the following:, in accordance with principles and requirements of the Union law.
Amendment 135 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
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 138 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
Amendment 139 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 144 #
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 Member State or 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 Member State or competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 76 or shall apply Article 9.
Amendment 146 #
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 148 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where the national legislation of a Member State so permits, the managing body of a port may provide a port service itself or through 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 149 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 154 #
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 the accessibility of the port service to all users, the availability of the port service all year long or the affordability of by Member States or competent authorities, for those port services classified as being of general interest, shall take place in accordance withe port service to certain category of usersrinciples and requirements of EU law.
Amendment 167 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter, with the exception of Articles 4(2), 8(6) and Article 10 and the transitional provisions of Article 24 shall not apply to cargo handling services and, passenger services, pilotage, towage and mooring.
Amendment 176 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
No later than threewo years after the entry into forcedate of application of this Regulation, the Commission shall present a report to the European Parliament and the Council on the functioning and effect of this Regulation, accompanied, if appropriate, by relevant proposals. The report of the Commission shall take into account any progress achieved by the EU-level Sectoral Social Dialogue Committee for Ports.
Amendment 180 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
It shall apply with effect from 1 July 2015...* . * OJ: Please insert the date: 36 months after the entry into force of this Regulation.
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 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 363 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
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.