34 Amendments of Bogusław LIBERADZKI related to 2013/0157(COD)
Amendment 100 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal.
Amendment 142 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Each service provider, and especially one that is a new market entrant should apply the relevant provisions and rules including applicable labour laws, applicable collective agreements.
Amendment 171 #
Proposal for a regulation
Recital 23
Recital 23
(23) Port service charges applied by providers of port services which are not designated in accordance with an open, transparent and non-discriminatory procedure entail a higher risk of price abuse given their monopolistic or oligopolistic situation and the fact that their market cannot be contested. The same is true for charges levied by internal operators in the meaning of this Regulation. For those servthat are not exposed to effective competition within the meaning of Articles, in the absence of fair market mechanisms, arrangements should be established to ensure th 9(1) and 6(1) should not be disproportionate the charges they levy reflect the normal conditions of the relevant market and aro the economic value of the services provided and should be set in a transparent and non- discriminatory way.
Amendment 173 #
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, 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 179 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) In accordance with the rules of the Treaty all models 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.
Amendment 181 #
Proposal for a regulation
Recital 19 c (new)
Recital 19 c (new)
(19c) Automation and technological innovation should be dealt with in a timely manner by the employers and employees together, in order to guarantee the necessary training and retraining and to find shared solutions to give the employees the chances to acquire the necessary skills to perform their tasks in a secure and highly professional way. Public authorities and management bodies should be consulted as appropriate, whenever they are involved in automation, innovation and expansion plans.
Amendment 184 #
Proposal for a regulation
Recital 20
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.
Amendment 192 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Commission should, in writing, clarify the notion of State aid regarding the financing of seaports and port infrastructure and should carry on with enforcing principles of state aid to ensure fair competition.
Amendment 200 #
Proposal for a regulation
Recital 23
Recital 23
(23) Port service charges applied by providers of port services which are not designated in accordance with an open, transparent and non-discriminatory procedure entail a higher risk of price abuse given their monopolistic or oligopolistic situation and the fact that theire relevant market cannot be contested. The same is true for charges levied by internal operators in the meaning of this Regulation. For those services, in the absence of fair market mechanisms, arrangements should be established to ensure that the charges they levy reflect the normal conditions of the relevant market and are set in a transparent and non- discriminatory way.
Amendment 278 #
Proposal for a regulation
Article 2 – point 2
Article 2 – 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, 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 318 #
Proposal for a regulation
Article 2 – point 18 a (new)
Article 2 – point 18 a (new)
18a. “port infrastructure” means port water areas, as well as landside facilities, installations and equipment connected with the functioning of the port and intended for use by the managing body of the port in carrying out tasks, which are located within the boundaries of the port or of the sea harbour.
Amendment 338 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 379 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 407 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 410 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 412 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Any limitation of the number of providers for a port service shall follow a transparent procedure. The managing body of the port or the competent authority shall communicate to all interested parties information concerning the procedure and the submission deadline, as well as all relevant award criteria and requirements.
Amendment 415 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 426 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Procedure for the limitation of the number of providers of port serviceseding by the choice of providers of port services in case of control of their number
Amendment 427 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any limitationIn the case of control of the number of providers for a port service in accordance with Article 6 shall follow a selection procedure, the managing body of the port or the competent authority shall follow a procedure to select providers of port services which shall be open to all interested parties, non-discriminatory and transparent.
Amendment 430 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Amendment 441 #
Proposal for a regulation
Article 7 – paragraph 5
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 the conclusion of a new port service contract and shall requirecall for a new procedure as referred to in paragraph 21. This covers cases when the modification renders the contract materially different in character from the one originally concluded, including when the scope of the port service contract is considerably extended.
Amendment 444 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Paragraphs 1 to, 1a and 5 of this Article shall not apply in the cases referred to in Article 96(1)(aa) and Article 9(1).
Amendment 477 #
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 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 diffCollective actions should be taken into account only when all other possible ways of dialogue and possible alternative solutions have been explored to keep from negative impact on port activities. Emergent 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 9cy measures can be taken in situations where collective actions cannot be avoided thus causing disruptions of port.
Amendment 483 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 486 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. IExclusively in the cases provided for in Article 6 (1) (baa), the competent authorityor in cases where the national legislation of a Member State already so allows, the managing body of a port may decide to provide a port service under public service obligations itself or to impose such obligations directly on 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 492 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 496 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 502 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 506 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 523 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Training 1. The employer shall ensure that its employees receive the necessary training to acquire appropriate knowledge of the conditions in which their work is conducted and that they are properly trained to perform the work. 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. Those guidelines would enable port workers to acquire the necessary skills to perform their tasks and would aim at ensuring the highest level of safety and health for port workers. Such training requirements shall be regularly updated in order to reduce on an ongoing basis the occurrence of accidents at the workplace.
Amendment 574 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The charges for the services provided by an internal operator under public service obligation as referred to in Aarticle 9 and(1), the charges levied by providers of port service, in cases of limitation of the number of providers which have not been designated on the basis of procedures which are open, transparent and non- discriminatoryfor pilotage services that are not exposed to effective competition and the charges levied by providers of port service, as referred to in Article 6(1)(aa), shall be set in a transparent and non-discriminatory way. These charges shall, reflect the conditions on a competitive relevant market and shall not be disproportionate to the economic value of the service provided.
Amendment 610 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The managing body of the port shall inform port users and the representatives or associations of port users about the structure and the criteria used to determine thein a transparent way ambount of the port infrastructure charges, including the total costs and revenues serving as a basis to determine the structure and the levelstructure and the criteria used to determine the amount of the port infrastructure charges. It shall inform users of the port infrastructures of any changes in the amount of the port infrastructure charges or in the structure or criteria used in order to determine such charges at least three months in advance. In situations where port authorities introduce differentiated charging, it is important that clear and transparent criteria will be communicated by port authorities to port infrastructure users.
Amendment 624 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users’ advisory committee on the structure and level of such charges. The providers of port services as referred to in Article 6 and in Article 9 shall consult on an annual basis prior to the setting of port service charges the port users’ advisory committee on the structure and level of such charges. The managing body of the port shall provide adequate facilities for such consultation and shall be informed of the results of the consultation by the providers of port servicesabove mentioned obligations can be done within bodies, also of distinct composition, already established within the managing body of the port either by law or by a normative act by a Member State.
Amendment 694 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2