Activities of Ivo BELET related to 2013/0157(COD)
Plenary speeches (1)
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) NL
Amendments (67)
Amendment 108 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Ports can contribute to the long term competitiveness of European industries in world markets while adding value and jobs in all EU coastal regions. In order to address the challenges facing the maritime transport sector, such as the inefficiencies in the sustainable transport and logistics chain, it is essential that the actions set out in the Commission communication entitled 'Ports: an engine for growth' be implemented in tandem with this Regulation. The complexity of administrative procedures for customs clearance, resulting in delays in ports, represents a major obstacle to the competitiveness of short-sea shipping and the efficiency of Union ports.
Amendment 114 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In accordance with Protocol 26 to the Treaty on the Functioning of the European Union, this Regulation does not affect the competence of the Member States to organise the services covered by it as non-economic services of general interest.
Amendment 116 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) This Regulation does not affect the various port management models in the Member States, as long as they respect the rules on market access and financial transparency, and applies irrespective of the division of powers between the government and port management bodies in the Member States.
Amendment 121 #
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 in accordance with Protocol 26 the Treaty on the Functioning of the European Union, in particular arrangements under which a Member State assigns its port management competences and responsibilities in the execution of the public prerogatives to decentralised managing bodies that stay under its supervision.
Amendment 127 #
Proposal for a regulation
Recital 5
Recital 5
(5) The objective of Article 56 of the Treaty on the Functioning of the European Union is to eliminate restrictions on freedom to provide services in the Union. In accordance with Article 58 of the Treaty on the Functioning of the European Union should be achieved within the framework offreedom to provide services in the field of transport is governed by the provisions of the Title relating to transport, more specifically Article 100 (2).
Amendment 128 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In accordance with Protocol 26 of the Treaty on the Functioning of the European Union the provisions of this regulation should not affect in any way the competence of Member States to provide, commission and organise the activities or services mentioned in this regulation as non-economic services of general interest. Consequently Member States and public authorities should retain the power to organise those services or activities either as economic or as non- economic activities.
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 164 #
Proposal for a regulation
Recital 18
Recital 18
(18) The managing body of the port concerned or the competent authorities designated in a Member State 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 competent authority decides to provide the service itself, this may cover the provision of services through agents employed by the competent authority or commissioned by the competent authority. When such limitation is applied in all the TEN-T seaports 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 choice, 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, the port service charges applied by such an operator should be subject to supervision by the independent supervisory bodyion.
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 185 #
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 contractscontracts or agreements having as their object the right of such providers to exploit parts of the public domains or resources under private or public law. This type of contracts willcan 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 212 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure the proper and effective application of this Regulation, an independent supervisory body, which could be an already existing body, should be designated in every Member Statat an independent complaints mechanism is in place, one or more bodies providing independent supervision should be designated in every Member State. Already existing bodies, such as competition authorities, courts, ministries or departments within ministries not linked to the managing body of the port could be designated for this purpose.
Amendment 214 #
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Regulation shall apply to the provision of the following categories of port services, if they are organised as economic activities, either inside the port area or on the waterway access to and from the ports.
Amendment 215 #
Proposal for a regulation
Recital 28
Recital 28
(28) The different bodies providing independent supervisory bodies should exchange information on their work and cooperate in order to ensure a uniform application of this Regulationion should cooperate with each other and exchange information on their work in cases concerning cross- border disputes and complaints .
Amendment 225 #
Proposal for a regulation
Recital 29
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 shippreinforce 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, fuels and types of opinternations 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 leval classifications of vessels and fuels. 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.
Amendment 227 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 237 #
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Regulation shall apply to the provision of the following categories of port services, when organised as economic activities, either inside the port area or on the waterway access to and from the ports.:
Amendment 245 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 259 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. "provider of port services" means any natural or legal person providing, or wishing to provide, for remuneration, one or more categories of port services listed in Article 1(2) if organised as an economic activity;
Amendment 265 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
18 a. "Access and defence infrastructure" means all infrastructure that allows sea and land access to a port area including maritime access and defence works, land access connections to general transport facilities and infrastructure for utilities necessary for the activities in the port area;
Amendment 267 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18 b (new)
Article 2 – paragraph 1 – point 18 b (new)
18 b. "Terminal or project-related infrastructure" means civil works within the port area that include berths used for the mooring of ships, the reclamation of land used for terminal construction, dredging alongside berths and access to terminals from the general public transport facilities within the port area, mentioned under Article 2(1)(18a);
Amendment 268 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18 c (new)
Article 2 – paragraph 1 – point 18 c (new)
Amendment 269 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. Member States may also apply this Regulation to other port services in which case they shall notify their Decision to the Commission.
Amendment 282 #
Proposal for a regulation
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
2 a. ‘competent authority’ means any public or private body which, on behalf of a regional or national level, is entitled to carry out under national law or regulations activities related to the organisation and management of port activities in a seaport, in conjunction with or alternatively to the managing body of the port;
Amendment 285 #
Proposal for a regulation
Article 2 – point 3
Article 2 – point 3
3. ‘dredging’ means the removal of sand, sediment or other substances from the bottom of the waterway access to a port in order to allow waterborne vessel to have access to the port and comprises both the initial removal (capital dredging) and the maintenance dredging in order to keep the waterway accessible and is not a port service offered to the users;
Amendment 289 #
Proposal for a regulation
Article 2 – point 5
Article 2 – point 5
5. ‘managing body of the port’ means any public or private body which, whether or not in conjunction with other activities, has as its objectivepublic responsibility assigned under national law or instrumentregulations the administration and management of the port infrastructures, port traffic in the seaport in question, the coordination and, where appropriate, the carrying-out, organisation or control of the activities of the operators present in the seaport concerned, and the development of the seaport;
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 298 #
Proposal for a regulation
Article 2 – point 8
Article 2 – point 8
8. ‘pilotage’ means the guidance service of a waterborne vessel by a pilot or a pilotage station in order to allow for a safe entry or exit of the waterborne vessel in the waterways access to the seaport or safe navigation within the port;
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 306 #
Proposal for a regulation
Article 2 – point 13
Article 2 – point 13
13. ‘provider of port services’ means any natural or legal person providing, or wishing to provide, for remuneration, one or more categories of port services l, when organisted in Article 1(2)as economic activities;
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 311 #
Proposal for a regulation
Article 2 – point 17
Article 2 – point 17
17. ‘towage’ means the assistance to a waterborne vessel by means of a tug in order to allow for a safe entry or exit of the seaport or safe navigation within the seaport by providing assistance to the manoeuvring of the waterborne vessel;
Amendment 314 #
Proposal for a regulation
Article 2 – point 18
Article 2 – point 18
18. ‘waterway access to a port’ means a water access to the port from the open sea, such as port approaches, fairways, rivers, sea canals and fjordbody connecting the open sea with the seaport and/or the inland waterways.
Amendment 316 #
Proposal for a regulation
Article 2 – point 18 a (new)
Article 2 – point 18 a (new)
18a. General infrastructure: all access and defence infrastructure that provides sea or land access to port infrastructure, that benefits a wider region and that does not result in any specific advantage for one or more identifiable port users within a bigger group of port users.
Amendment 319 #
Proposal for a regulation
Article 2 – point 18 b (new)
Article 2 – point 18 b (new)
18b. Port infrastructure means the project related infrastructure and facilities commercially exploited by port users that generate a direct income for the port managing body including berths used for the mooring of ships (quay walls, jetties and floating pontoon ramps in tidal areas).
Amendment 321 #
Proposal for a regulation
Article 2 – point 18 c (new)
Article 2 – point 18 c (new)
18c. ‘port superstructure’ means the surface arrangements, buildings (warehouses, workshops, office buildings), as well as mobile and fixed equipment.
Amendment 328 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Freedom to provideorganise port services
Amendment 331 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Freedom to provide services in seaports covered by this Regulation shall apply to the providers of port services established in the Union under the conditions set out in this ChapterThe managing body of the port or the competent authority shall be free to: (a) impose minimum requirements to port service providers; (b) limit the number of providers; (c) impose public service obligations; (d) allow internal operators or; (e) provide free open access to the market of port services.
Amendment 334 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Providers of port services shall have access to When organising the port services as foresseential port facilities to the extent necessary for them to carry out their activities. The terms of the access shall be fair, reasonable and non- discriminatory in paragraph 1 the managing body of the port or the competent authority shall respect the conditions set out in this Chapter.
Amendment 340 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. TWithout prejudice to the possibility of imposing public service obligations according to Article 8, the managing body of the port or the competent authority may require that providers of port services comply with minimum requirements to perform the corresponding 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 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 400 #
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7a. Public funds, referred to in paragraph 1 and 3, made available to the managing body of the port in order to either partly or entirely finance the access and land infrastructure as well as the terminal or project related infrastructure stay within the public remit, as long as these infrastructures are managed and exploited by the managing body of the port in a non-commercial way.
Amendment 401 #
Proposal for a regulation
Article 12 – paragraph 7 b (new)
Article 12 – paragraph 7 b (new)
7b. Public funds made available to the managing body of the port in order to either partly or entirely finance the superstructure fall outside the public remit as they are directly related to the benefit of the individual port service involved.
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 439 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 440 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 442 #
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 require a new procedure as referred to in paragraph 2. This covers cases when the modification renders the contract materially different in character from the one initially concluded, including when the scope of the port service contract is considerably extended.
Amendment 446 #
Proposal for a regulation
Article 7 – paragraph 7
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 2014/23/EU, the provisions of that Directive shall apply. This Regulation is without prejudice to Directive 2014/25/EU (public utilities]16) and Directive …/… 2014/24/EU[public procurement]17 __________________ 17 Proposal for a Directive on public procurement (COM/2011/0896 final)
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 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 485 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The managing body of the port or the competent authority itself, or a legally distinct entity over which it exercises a control similar to that exercised over its own departments, may provide a port service without any restrictions, provided that the provisions of article 4 of this Regulation apply equally to all operators providing the service concerned. In such cases, the provider of the port service shall be deemed, for the purpose of this Regulation, to constitute an internal operator. In the cases provided for in Article 6 (1) (b), the managing body of the port or the competent authority may decide either 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, including an agent (such as a pilot) employed or commissioned by the managing body of the port ofr this Regulatione competent authority.
Amendment 494 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The managing body of the port competent authority shall be considered asdeemed to be exercising a control ofver a legally distinct entity similar to that exercised to its own departments only if it exercises a decisive influence overn both theits own and the controlled legal entity’s strategic objectives and the significant decisions of the controlled legal entityrelating to the port service concerned.
Amendment 499 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. TheIn cases provided for in point (b) of Article 6(1), an internal operator shall be confinpermitted to perform the assigned port service only in the port(s) for which the assignment to provide the port service has been attributssigned to him and article 13 shall apply.
Amendment 504 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If, without prejudice to Article 8(3), a competent authority decides to apply paragraph 1 in all the seaports covered by this Regulation in a Member State, it shall inform the Commission.
Amendment 527 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 549 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where the managing body of the port that receives public funds provides port services itself or dredging, it shall keep the accoany public funtds of each port service activityreceived fully transparent and separate from its other accounts of its otivities in ther activitiescounting system, in such a way that:
Amendment 556 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The public funds referred to in paragraph 1 shall include share capital or quasi-capital funds, non-refundable grants, grants only refundable in certain circumstances, award of loans including overdrafts and advances on capital injections, guarantees given to the managing body of the port by public authorities, dividends paid out and profits retained or any other form of public financial support.
Amendment 561 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The managing body of the port shall make available to the Commission and the competent independent supervisory body, upon request,, or other entity that provides port services on its behalf, shall, in the event of a formal complaint and upon request, make available to the relevant national authority the information referred to in paragraphs 1 and 2 and any additional information that they deem necessary in order to complete a thorough appraisal of the data submitted and to assess compliance with this Regulation. The information shall be transmitted within two months from the date of the request.
Amendment 563 #
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7a. Public funds, referred to in paragraph 1 and 3 made available to the managing body of the port in order to either partly or entirely finance general infrastructure or port infrastructure stay within the public remit, as long as these infrastructures are managed in a non-commercial way and do not favour one or more identifiable port users within a larger group.
Amendment 568 #
Proposal for a regulation
Article 12 – paragraph 7 b (new)
Article 12 – paragraph 7 b (new)
7b. Public funds made available to the managing body of the port in order to either partly or entirely finance the superstructure fall outside the public remit as they are directly related to the benefit of the individual port user involved.
Amendment 587 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In order to contribute to an efficient infrastructure charging system, the nature, structure and the level of port infrastructure charges shall be deftermined in an autonomous way by the managing body of the port according to its ownaccording to national or individual ports policy and/or the individual port’s commercial economic strategy and investment plan reflecting competitive conditions of theand comply with competition reulevant market and in accordance with State aid rus, where applicables.
Amendment 596 #
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 terms.
Amendment 607 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. The Commission shall be empowered to adopt, where necessary, delegated acts in accordance with the procedure referred to in Article 21 concerning common international classifications of vessels, fuels and types of operation and fuels according to which the infrastructure charges can vary and common charging principles for port infrastructure chargesin line with the International Maritime Organization.
Amendment 641 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Independent supervisory bodyion
Amendment 678 #
Proposal for a regulation
Article 18
Article 18