BETA

Activities of Richard HOWITT related to 2013/0157(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2013/0157(COD)

Shadow opinions (1)

2016/11/22
Committee: EMPL
Dossiers: 2013/0157(COD)
Documents: PDF(207 KB) DOC(402 KB)

Amendments (36)

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 ~~appear~~is therefore not appropriate ~~at this stage not~~ to regulate this issue at Union level and ~~to leave i~~it should 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.

2013/11/21
Committee: EMPL

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 equipment required insofar as these requirements are transparent, non- discriminatory, objective and relev~~relevant local knowledge essential for safe operations, the equipment needed in order to provide the relevant port service and compliance with maritime safety requirements, including the application of laws and agreements to protect health and safety antd for the pro~~vis~~tection of the ~~port service~~employees including the good repute of the provider regarding the respect of social and labour rights.

2013/11/21
Committee: EMPL

Proposal for a regulation
Recital 7 a (new)

(7a) Each service provider and especially new market entrants should demonstrate their ability to serve a minimum number of vessels with their own staff and equipment. All must comply with the relevant provisions and rules including applicable labour laws, applicable collective agreements and quality requirements of the ports.

2013/11/21
Committee: EMPL

Proposal for a regulation
Recital 9 a (new)

(9a) The significant variations in the economic capacity, the size of ports, and the amount of space available for operations on the water 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.

2013/11/21
Committee: EMPL

Proposal for a regulation
Recital 13

(13) The ~~selection~~ procedure for selecting providers of port service ~~in the cas~~s where the number of those providers is limited should follow the principles and approach determined in Directive ../../… [concession]7, including the threshold 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 open to all interested parties and should be non- discriminatory.

2013/11/21
Committee: EMPL

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, and safe, secure, environmentally and socially sustainable port operations.

2013/11/21
Committee: EMPL

Proposal for a regulation
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. 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~~should 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, terms and conditions 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.

2013/11/21
Committee: EMPL

Proposal for a regulation
Recital 20

(20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of public concession contracts. This type of contracts will be covered by the Directive ..../…[concessions]. Consequently, Chapter II of this Regulation should not apply to the provision of cargo-handling and passenger ~~services, but Member States should remain free to decide to apply nevertheless the rules of this Chapter to these two~~ services. For other types of contracts used by public authorities for granting market access to cargo handling and terminal passenger services, the Court of Justice of the European Union has confirmed that the competent authorities are bound by the principles of transparency and non-discrimination when concluding these contracts. These principles are fully applicable as regards the provision of any port service.

2013/11/21
Committee: EMPL

Proposal for a regulation
Recital 20 a (new)

(20a) According to Resolution A.960 of the International Maritime Organization (IMO), each pilotage area needs highly specialised experience and local knowledge on the part of the pilot. Given that the IMO recognises the appropriateness of regional or local administration of pilotage, pilotage should be exempt from the market access provisions laid down in Chapter II of this Regulation.

2013/11/21
Committee: EMPL

Proposal for a regulation
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. This includes infrastructure for rail and road land access connections to the national transport system, infrastructure necessary for utilities in the port area, and all infrastructure that allows access to a port area, including maritime access, navigable channels and defence works. These types of infrastructure should be accessible to all potential users on equal and non-discriminatory terms and fall within the State's responsibility to meet the general needs of the population.

2013/11/21
Committee: EMPL

Proposal for a regulation
Recital 29

(29) In order to supplement and amend certain non-essential elements of this Regulation and in particular to promote the uniform application of environmental charging, reinforce the Union-wide coherence of environmental charging and to ensure common charging principles in relation to the promotion of short sea shipp, reinforce the Union-wide coherence of environmental charging, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of common classifications of vessels, and fuels and types of operations according to which to vary the infrastructure charges and common charging principles for port infrastructure charges. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. When adopting such delegated acts, the Commission should take into account the Environmental Ship Index (ESI) and the progress made by the World Ports Climate Initiative (WPCI). These classifications should serve only as basis for allowing variations of port infrastructure charges and should not affect the competence of the managing body of a port to set the level of port infrastructure charges autonomously, in accordance with applicable rules. The Commission, when preparing and drawing- up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 2 – point c

~~(c) dredging;~~deleted

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 2 – point d

~~(d) mooring;~~deleted

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 2 – point g

~~(g) pilotage and;~~deleted

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 2 – point h

~~(h) towage.~~deleted

2013/11/21
Committee: EMPL

Proposal for a regulation
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, unlashing, 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;

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)

18a. "subcontractor" means any natural person or any legal entity, to whom the execution of all or part of the obligations of a prior contract is assigned.

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)

(da) the good repute of the applicant regarding respect of social and labour rights, including the application of laws and agreement to protect health and safety.

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)

(ba) the need to ensure the provision of safe, secure, environmentally and socially sustainable port operations.

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 7 – paragraph 2

2. If the estimated value of the port service exceeds the threshold defined in paragraph 3, the rules on the award procedure, the procedural guarantees and the maximum duration of the concessions as set out in Directive …./…. [concession] shall apply.deleted

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 7 – paragraph 3

~~3. The threshold and the method to determine the value of the port service shall be those of the relevant and applicable provisions of Directive .…/…. [concession].~~deleted

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 7 – paragraph 5

5. For the purposes of this Regulation, a substantial modification within the meaning of Directive …./… [concession] of the provisions of a port service contract during its term shall be considered as a new port service contract and shall require a new procedure as referred to in paragraph 2.deleted

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 7 – paragraph 6

6. Paragraphs 1 to 54a of this Article shall not apply in the cases referred to in Article 9(1).

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 7 – paragraph 7

7. ~~This Regulation is without prejudice to Directive …/… [concession]15 , Directive .…/…~~Where contracts for the provision of port services take the form of service concessions within the meaning of Directive …/… [concession]15 , the provisions of that Directive shall apply. This Regulation is without prejudice to Directive ..../....[public utilities]16 and Directive …/… [public procurement]17 __________________ 15 Proposal for a Directive on the award of concession contracts (COM 2011) 897 final 16 Proposal for a Directive on procurement by entities operating in the water, energy, transport and postal services sectors (COM/2011/0895 final) 17 Proposal for a Directive on public procurement (COM/2011/0896 final)

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)

(ca) the safety, security or environmental sustainability of port operations.

2013/11/21
Committee: EMPL

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 9.deleted

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 10 – paragraph 1

1. This Regulation shall not affect the application of the social and labour rules ofapplicable in the Member States.

2013/11/21
Committee: EMPL

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 port may~~Member States shall require theat when 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.

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 10 – paragraph 3

3. Where managing bodies of the port require providers of port services to comply with certain social standards as regards the provision of relevant port services, tender documents and port service contracts shall list the staff concerned and ~~give transparent detail~~indicate the status of their contractual rights and the conditions under which employees are deemed to be linked to the port services.

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 11

This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services ~~and~~, passenger services and pilotage.

2013/11/21
Committee: EMPL

Proposal for a regulation
Chapter II a (new)

Chapter IIa Subcontracting 1. A provider of port services as referred to in Article 2(13) may not subcontract services except if it is temporarily unable to provide these services due to force majeure. Collective action shall not be considered force majeure. 2. Subcontractors may not subcontract port services. 3. Any provider of port services using one or more subcontractors shall inform the managing body of the port of the name and activities of the subcontractors concerned. 4. Where the employer is a subcontractor and without prejudice to the provisions of national law concerning the rights of contribution or recourse, or to provisions of national law in the field of social security, Member States shall ensure that the contractor of which the employer is a direct subcontractor may, in addition to or in place of the employer, be liable to pay: (a) any financial sanction imposed; and (b) any back payments. 5. Where the service provider is a subcontractor, Member States shall ensure that the main contractor and any intermediate subcontractor, where they knew that the employing subcontractor employed illegally staying third-country nationals, may be liable to make the payments referred to in paragraph 4 in addition to or in place of the employing subcontractor or the contractor of which the employer is a direct subcontractor. 6. Member States may provide for more stringent liability rules under national law.

2013/11/21
Committee: EMPL

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 workforce operating in the port area on the following:

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 17

1. Member States shall ensure that an independent supervisory body monitors and supervises the application of this Regulation in all the seaports covered by this Regulation on the territory of each Member State. 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. 3. The independent supervisory body shall handle the complaints lodged by any party with a legitimate interest and the disputes brought before it arising in connection with the application of this Regulation. 4. In the event that the dispute arises between parties established in different Member States, the independent 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. 5. The independent supervisory body shall have the right to require managing bodies of the ports, providers of port services and port users to submit information needed to ensure monitoring and supervision of the application of this Regulation. 6. The independent supervisory body may issue opinions at the request of a competent authority in the Member State on any issues in relation to the application of this Regulation. 7. The independent supervisory body may consult the port users' advisory committee of the port concerned when dealing with the complaints or disputes. 8. The decisions of the independent supervisory body shall have binding effects, without prejudice to judicial review. 9. Member States shall notify to the Commission the identity of the independent supervisory bodies by 1 July 2015 at the latest and subsequently any modification thereof. The Commission shall publish and update the list of the independent supervisory bodies on its website.Article 17 deleted Independent supervisory body

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 18

1. The independent supervisory bodies shall exchange information about their work and decision-making principles and practices in order to facilitate a uniform implementation of this Regulation. For this purpose, they shall participate and work together in a network that convenes at regular intervals and at least once a year. The Commission shall participate, coordinate and support the work of the network. 2. The independent supervisory bodies shall cooperate closely for the purposes of mutual assistance in their tasks, including in carrying out investigations required to handle complaints and disputes in cases involving ports in different Member States. For this purpose, an independent supervisory body shall make available to another such body, after a substantiated request, the information necessary to allow that body to fulfil its responsibilities under this Regulation. 3. The Member States shall ensure that the independent supervisory bodies shall provide the Commission, after a reasoned request, with the information necessary for it to carry its tasks. The information requested by the Commission shall be proportionate to the performance of those tasks. 4. Where information is considered confidential by the independent supervisory body in accordance with Union or national rules on business confidentiality, the other national supervisory body and the Commission shall ensure such confidentiality. This information may only be used for the purpose which it was requested. 5. Based on the experience of the independent supervisory bodies and on the activities of the network referred to in paragraph 1, and in order to ensure efficient cooperation, the Commission may adopt common principles on the appropriate arrangements for the exchange of information between independent supervisory bodies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).Article 18 deleted Cooperation between independent supervisory bodies

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 21 – paragraph 2

2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for a~~n indeterminate~~ period of five years from ...*. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of ~~time~~an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period. _________________ * OJ: Please insert the date of entry into force of this Regulation.

2013/11/21
Committee: EMPL

Proposal for a regulation
Article 22

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.Article 22 deleted Committee procedure

2013/11/21
Committee: EMPL