Activities of Inés AYALA SENDER related to 2013/0157(COD)
Plenary speeches (3)
Market access to port services and financial transparency of ports (debate) ES
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) ES
Market access to port services and financial transparency of ports (debate) ES
Amendments (29)
Amendment 100 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) A high level of simplification of customs procedures can represent a major economic advantage for a port in terms of competitiveness. In order to avoid unfair competition of ports and reduce customs formalities which might seriously harm the Union's financial interests, port authorities must include a proper and effective risk-based policy approach in order to avoid distortion of competition. These procedures should be effectively monitored regularly by the Commission and Member States and the Commission should evaluate the need to take appropriate measure to tackle unfair competition.
Amendment 114 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) A high level of simplification of customs procedures can represent a major economic advantage for a port in terms of competitiveness. In order to avoid unfair competition of ports and reduce customs formalities which might seriously harm the Union's financial interests, port authorities must include a proper and effective risk-based policy approach in order to avoid distortion of competition. These procedures should be effectively monitored on a regular basis by the Commission and the Member States, and the Commission should evaluate, if needed, to take appropriate measures to tackle unfair competition.
Amendment 148 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Pilotage is a service of general interest performed in ports. It ensures maritime safety and security are safeguarded, as is shipping, and that the marine environment is protected. Moreover and by virtue of the Directive on port State control (2009/16/EC) it is the responsibility of port pilots to inform the port authority concerned of any potential defects in ships entering port which may prejudice the safe navigation of the ship or pose a threat to the marine environment. Therefore, the number of operators providing this port service should be limited in order to provide an essential nautical public service which is independent of commercial interests so that public safety and the safety of port waters may be maintained.
Amendment 161 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The Connecting Europe Facility provides that ports in the Trans-European Transport Network may benefit from EU subsidies during the forthcoming 2014- 2020 period. Furthermore, the Commission intends to set up a revised framework on state aid to ports and given that the new Directive on Concessions establishes likewise a new legislative framework which will also affect port services provided under a concession agreement, strict rules on the transparency of financial flows need to be introduced in this Regulation to prevent unfair competition between ports in the Union or dumping.
Amendment 190 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The Connecting Europe Facility provides that ports in the Trans-European Transport Network may benefit from EU subsidies during the forthcoming 2014- 2020 period. Furthermore, the Commission intends to set up a revised framework on state aid to ports and given that the new Directive on Concessions establishes likewise a new legislative framework which will also affect port services provided under a concession agreement, strict rules on the transparency of financial flows need to be introduced in this Regulation to prevent unfair competition between ports in the Union or dumping.
Amendment 208 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) 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 issues such as improved working conditions, occupational health and safety, training and qualifications. The Commission should facilitate the negotiations, support and monitor them closely. The social partners should be encouraged to report on progress on time so that the progress can be taken into account by the Commission when reporting on the effect of this Regulation.
Amendment 211 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 219 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) 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 issues such as improved working conditions, occupational health and safety, training and qualifications. The Commission should facilitate the negotiations, support and monitor them closely. The social partners should be encouraged to report on progress on time so that the progress can be taken into account by the Commission when reporting on the effect of this Regulation.
Amendment 345 #
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 guaranteeing compliance with national legislation on social and labour rights, in particular the right to strike. 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.
Amendment 353 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. When a managing body of a port carries out dredging in its port area with public funds as referred to Article 12(3), it may not carry out dredging in other port areas.
Amendment 368 #
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 comply with the rights to information and consultation laid down in national legislation and 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 390 #
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 accounts of each port service activity and of dredging separate from the accounts of its other activities, in such a way that :
Amendment 400 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the need to safeguard by means of port pilotage, which is a service of general public interest, maritime safety and security in the port and the safety of shipping in the adjoining urban port area.
Amendment 416 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In order to contribute to an efficient infrastructure charging system, the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment planby the competent authority reflecting competitive conditions of the relevant market and in accordance with State aid rules.
Amendment 455 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
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, workers representatives, cargo owners, land transport operators and public administrations operating in the port area on the following:
Amendment 461 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) measures to ensure and improve safety in the port area, including measures to improve the training, health and safety of port workers;
Amendment 474 #
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 guaranteeing compliance with national legislation on social and labour rights, in particular the right to strike. 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.
Amendment 501 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. When a managing body of a port carries out dredging in its port area with public funds as referred to Article 12(3), it may not carry out dredging in other port areas.
Amendment 508 #
Proposal for a regulation
Article 17 – paragraph 9 a (new)
Article 17 – paragraph 9 a (new)
9a. Without prejudice to this article, the Commission may at any time request further information from the managing bodies or the providers of port services in regard to the obligations laid down in this Regulation, and may start infringement proceedings against Member States.
Amendment 513 #
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 comply with the rights to information and consultation laid down in national legislation and 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 517 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
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 financially support the work of the network.
Amendment 534 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 547 #
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 accounts of each port service activity and of dredging separate from the accounts of its other activities, in such a way that :
Amendment 589 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In order to contribute to an efficient infrastructure charging system, the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment planby the competent authority reflecting competitive conditions of the relevant market and in accordance with State aid rules.
Amendment 629 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
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, workersʼ representatives, cargo owners, land transport operators and public administrations operating in the port area on the following:
Amendment 634 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) measures to ensure and improve safety in the port area, including measures to improve the training, health and safety of port workers.
Amendment 674 #
Proposal for a regulation
Article 17 – paragraph 9 a (new)
Article 17 – paragraph 9 a (new)
9a. Without prejudice to this article, the Commission may at any time request further information from the managing bodies or the providers of port services in relation to the obligations laid down in this Regulation.
Amendment 679 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
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 and finance the work of the network.
Amendment 703 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. PFort service contracts conclude the purposes of evaluating the functioning and before [date of adoptionfect of theis Regulation] which were entrusted to selected providers of port services based on an open, transparent and non-discriminatory procedure or are otherwise in conformity with the rules of this Regulation shall continue to be valid until their expiry, two reports shall be presented to the European Parliament and the Council. This report shall include also an analysis of custom policies across EU ports that could lead to a distortion of competition. No later than three years after the entry into force of this Regulation, the Commission shall present a mid-term report and no later than six years after the entry into force of this Regulation, the Commission shall present a report accompanied, if appropriate, by relevant proposals. The reports of the Commission shall take into account the progress achieved by the Sectoral Social Dialogue Committee for Ports.