26 Amendments of Deirdre CLUNE related to 2013/0157(COD)
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 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 153 #
Proposal for a regulation
Recital 13
Recital 13
(13) The selection procedure for selecting providers of port service in the cass where the number of those providers is limited should follow the principles and approach determined in Directive ../../… [concession]7 , including the threbe made public and should and method for determining the value of the contracts as well as the definition of substantial modifications and the elements related to the duration of the contract. __________________ 7 Proposal for a Directive on the award of concession contracts (COM 2011) 897 finalbe non-discriminatory, transparent and open to all interested parties.
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 227 #
Proposal for a regulation
Recital 30
Recital 30
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 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 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 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 593 #
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 commercial practices related to frequentthe port’s economic strategy and the port’s spatial planning policy, related inter 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 tnon-discriminatory on the basis of nationality and shall comply with state aid and competition rules. Port infrastructure charges may vary also in accordance with commercial practices related inter alia to certain categories of userms.