Activities of Elisabeth SCHROEDTER related to 2013/0157(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports
Amendments (12)
Amendment 6 #
Draft opinion
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The Committee on Employment and Social Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments into its report:propose rejection of the Commission proposal.
Amendment 9 #
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 at least a clearly defined set of conditions concerning the professional qualifications of the operators, including in terms of training, and the equipment required iensofar asuring that these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port service.
Amendment 13 #
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 users.
Amendment 15 #
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should retain the full power to ensure an adequathe level of social protection for the staff of undertaking providing port services in full autonomy and line with subsidiarity. This Regulation shall not affect the application of thcurrent or future 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 ask the chosen service operator to apply thethe competent authorities are invited to advocate to the chosen service operator the full application of the relevant 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 25 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Port labour relations have a large influence on the working of the ports. Therefore the sectoral Social Dialogue Committee for ports gives the social partners a framework to establish results regarding work organisation and working conditions, health and safety, training and qualifications, EU policy on low sulphur fuels, improving diversity by increasing attractiveness of the sector to underrepresented groups such as young workers and female workers. The Commission should facilitate the negotiations, support and monitor them closely. If no clear agreement is reached by 2016, the Commission should consider whether it is appropriate to come forward with a legal proposal.
Amendment 37 #
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, where applicable, to:
Amendment 38 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the professional qualifications of the port service provider, its personnel or the natural persons who effectively and continuously are managing the activities of the port service provider;
Amendment 39 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the compliance with requirements on the maritime safety or the safety and security of the port or access to it, its installations, equipment and persons, including the provisions on health and safety at work which apply to the port concerned;
Amendment 45 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 (new)
Article 5 – paragraph 2 – subparagraph 2 (new)
Amendment 52 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the availability and quality of the service without interruption during the day, the night, the week and the year;
Amendment 58 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. This Regulation shall not affect the application of the current or future social and labour rules of the Member States.
Amendment 60 #
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 mayshall 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.