Activities of Luis de GRANDES PASCUAL related to 2013/0157(COD)
Plenary speeches (1)
Market access to port services and financial transparency of ports (debate) ES
Amendments (47)
Amendment 106 #
Proposal for a regulation
Recital 3
Recital 3
(3) Facilitating access to the port services market at Union level and introducing the financial transparency and autonomy of seaports will improve the quality and efficiency of service provided to users of the port and contribute to a climate more favourable to investments in ports, and thereby help reduce costs for transport users and contribute to promoting short sea shipping and a better integration of maritime transport with rail, inland waterway and road transport.
Amendment 108 #
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majority of Union maritime traffic transits through the seaports of the trans-European transport network. In order to achieve the aim of this Regulation in a proportionate way without imposing any unnecessary burden on other ports, this Regulation should apply to the ports of the trans-European transport network, each of which playing a significant role for the European transport system either because it handles more than 0.1% of the total EU freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas, without prejudice, however, to the possibility of Member States deciding to apply this Regulation to other ports as well. Pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this Regulation.
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 118 #
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majority of Union maritime traffic transits through the seaports of the trans-European transport network. In order to achieve the aim of this Regulation in a proportionate way without imposing any unnecessary burden on other ports, this Regulation should only apply to the seaports of the trans-European transport network, each of which playing a significant role for the European transport system either because it handles more than 0.1% of the total EU freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas, without prejudice, however, to the possibility of Member States deciding to apply this Regulation to other ports as well. However, this Regulation should give Member States the possibility to decide whether to apply or not this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions. Member States may also introduce derogations in order to avoid disproportionate administrative burdens for those maritime ports of the comprehensive trans-European transport network whose annual traffic does not justify the full application of this Regulation. Pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this Regulation.
Amendment 123 #
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
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 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 162 #
Proposal for a regulation
Recital 18
Recital 18
(18) The managing body of the port or 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 choiceor the managing body of the port in a Member State provide a port service under public service obligations, 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 body.
Amendment 180 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to be efficient, tThe port infrastructure charges of each individual port should be set in a transparent andway guaranteeing a certain degree of autonomous way in accordance with that port's own commercial and investment strategy.
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 182 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 197 #
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, 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 a 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 the port infrastructure charges, in accordance with the 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.
Amendment 204 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to be efficient, the port infrastructure charges of each individual port should be set in a transparent and autonomous way in accordance with national port's policy and/or that port's own commercial and investment strategy.
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 245 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 263 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Member States have the possibility to decide not to apply this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions as referred to in Article 349 TFEU. When Member States decide not to apply this Regulation to such maritime ports, they shall notify their decision to the Commission.
Amendment 264 #
Proposal for a regulation
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. This Regulation is without prejudice to the principle of freedom to provide services as foreseen in the Articles 56 and 58 of the TFEU.
Amendment 333 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. ProvidThe terms of port services shall havethe market access to essential port facilities to the extent necessary for them to carry out their activities. The terms, installations and equipment of the accessport shall be fair, reasonable and non- discriminatory.
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 355 #
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(d b) the availability of the service without interruption during the day, the night, the week and the year;
Amendment 377 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 394 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the characteristics of the traffic do not enable multiple providers of port services to operate in economically satisfactory conditions in the port.
Amendment 415 #
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 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 428 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. AnyIn the case of limitation 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 choose providers of port services which shall be open to all interested parties, non- discriminatory and transparent.
Amendment 431 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The selection procedure shall fulfil the following conditions:
Amendment 432 #
Proposal for a regulation
Article 7 – paragraph 1 a (new) – point a (new)
Article 7 – paragraph 1 a (new) – point a (new)
(a) A port service contract notice, containing at least information on the port service to be provided, the award criteria, indications of how the relevant document can be accessed and the address and the time limit for the submission of tenders, shall be published in the Official Journal of the European Union;
Amendment 433 #
Proposal for a regulation
Article 7 – paragraph 1 a (new) – point b (new)
Article 7 – paragraph 1 a (new) – point b (new)
(b) The minimum time limit for receipt of tenders shall be 30 days from publication of the notice;
Amendment 434 #
Proposal for a regulation
Article 7 – paragraph 1 a (new) – point c (new)
Article 7 – paragraph 1 a (new) – point c (new)
(c) All technical and functional requirements shall be communicated to interested parties;
Amendment 435 #
Proposal for a regulation
Article 7 – paragraph 1 a (new) – point d (new)
Article 7 – paragraph 1 a (new) – point d (new)
(d) The award criteria shall not confer an unrestricted freedom of choice on the managing body of the port or the competent authority;
Amendment 436 #
Proposal for a regulation
Article 7 – paragraph 1 a (new) – point e (new)
Article 7 – paragraph 1 a (new) – point e (new)
(e) The duration of the port service contract shall be limited on the basis of the nature of the purpose of and the investments necessary for the services to which the contract relates.
Amendment 437 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
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 445 #
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 9.
Amendment 470 #
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 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. Collective actions complying with the national legislation of their respective Member State are not considered to be disruptions of port services for which emergency measures can be taken.
Amendment 497 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. TIn the cases provided for in Article 6(1)(b), the internal operator shall be confined to perform the assigned port service only in the port(s) for which the assignment to provide the port service has been attributed to him.
Amendment 528 #
Proposal for a regulation
Article 21
Article 21
Amendment 528 #
Proposal for a regulation
Article 11
Article 11
Amendment 566 #
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7a. Member States will have the possibility to decide that paragraph 2 shall not apply to their ports of the comprehensive network that do not meet the criteria in point (b) of Article 20(2) of Regulation (EU) No 1315/2013 in case of disproportionate administrative burdens, seeing that any public funds received, and their use for providing port services, remain fully transparent in the accounting system. In that case, the Member States shall inform the Commission accordingly in advance.
Amendment 578 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The managing body of the port shall levyMember States shall ensure that a port infrastructure charge is levied. This shall not prevent providers of port services which are using port infrastructures from levying port service charges.
Amendment 583 #
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 deftermined in an autonomous way by the managing body of the port according to its ownaccording to its national ports policy and/or the individual port’s commercial strategy and investment plan reflecting competitive conditions of theand comply with competition reulevant market and in accordance with State aid rus, where applicables.
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 611 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The managing body of the port shall, upon request, make available to the competent independent supervisory bodybody designated pursuant to Article 17 and to the Commission, upon request, the information referred to in paragraph 4 and the detailed costs and revenues, serving as a basis to determine the structure and, the level of the port infrastructure charges and the methodology used for setting the port infrastructure charges with regard to the facilities and services to which these port charges relate to.
Amendment 678 #
Proposal for a regulation
Article 18
Article 18