46 Amendments of Philip BRADBOURN related to 2013/0157(COD)
Amendment 87 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 89 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on market access to port services and financial transparency of ports (Text with EEA relevance)
Amendment 95 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) It is essential that the complexities of administrative procedures for customs clearance are dealt with given that these are major obstacles to the competitiveness of short-sea shipping.
Amendment 101 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) While greater financial transparency is vital in publicly funded ports, there is a limit to the level of transparency necessary for privately funded ports given that they are already covered by EU competition rules.
Amendment 102 #
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1 c) Port managers should organise a dialogue with customers and therefore, there is no need for an independent supervisory body, which would risk being overly bureaucratic.
Amendment 104 #
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 publicly funded 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 109 #
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 only 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. Its application should be limited, where appropriate, to those seaports in receipt of substantial public subsidy. 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 135 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to be open and transparent at publicly funded ports, the procedure to select the providers of port services and its result should be made public and full documentation should be communicated to interested parties.
Amendment 144 #
Proposal for a regulation
Recital 18
Recital 18
(18) 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 ports 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 167 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) The Commission should, as soon as possible, clarify the rules for State Aid with regard to the financing of port development, in accordance with the principles applied in the Leipzig-Halle airport decision.
Amendment 173 #
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 175 #
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 or by internal operators, which are wholly or mainly publicly funded, entail a higher risk of price abuse given theirwhere there is a 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 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 178 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to be efficient, the port infrastructure charges of each individual ports should be set in a transparentby the managing body of the port in and autonomous way in accordance with that port's own commercial and investment strategy. Where the managing body of the port is wholly or mainly publicly funded such charges shall be set in a transparent way.
Amendment 182 #
Proposal for a regulation
Recital 26
Recital 26
(26) Adequate facilities should be in place to ensure that the users of theUsers of publicly funded ports which are requested to pay athe port infrastructure charge and/or a port service charge arshould be regularly consulted when the port infrastructure charge and the port service charge are defined and changed. The managing bodies of the ports should also regularly consult other stakeholders on key issues related to the sound development of the port, its performance and its capacity to attract and generate economic activities such as the coordination of the port services within the port area and the efficiency of the connections with the hinterland and of the administrative procedures in ports.
Amendment 188 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 198 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 217 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 222 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 227 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 231 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 294 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. In the cases provided for in paragraph 1, the minimum requirements referred to in paragraph 2 and the procedure for the granting of the right to provide port services under those requirements shall have been published by the managing body of the port by 1 July 20158 or for minimum requirements being applicable after that date at least three months before the date on which those requirements would become applicable. Providers of port services shall be informed in advance of any change in the criteria and of the procedure.
Amendment 357 #
Proposal for a regulation
Article 10
Article 10
Amendment 404 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The charges for theport services provided either by an internal operator as referred to in Article 9 and the charges leviedor 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- discriminatory, which in either case are wholly or mainly publicly funded, 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 411 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The payment of the port infrastructure charges may be integrated inwith other payments, such as the payment of the port service charges. In this case, where the managing body of the port is wholly or mainly publicly funded, it shall make sure that the amount of the port infrastructure charge remains easily identifiable by the user of the port infrastructure.
Amendment 417 #
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 the port's economic strategy and commercial practices, relateding inter alia to frequent 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, transparentcomply with State anid 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 termand competition rules.
Amendment 432 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The managing body of the porta port which is wholly or mainly publicly funded shall inform port users and the representatives or associations of port users about the structure and the criteria used to determine the amount of the port infrastructure charges, including the total costs and revenues serving as a basis to determine the structure and the level 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.
Amendment 435 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The managing body of thea port shall make available to the competent independent supervisory bodywhich is wholly or mainly publicly funded shall, in the event of a formal complaint, make available to the relevant body 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 441 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The managing body of the porta port which is wholly or mainly publicly funded shall establish a committee of representatives of operators of waterborne vessels, cargo owners or other port users which are requested to pay an infrastructure charge or a port service charge or both. This committee shall be called the ‘"port users’' advisory committee‘".
Amendment 446 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The managing body of the porta port which is wholly or mainly publicly funded 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 in either case which is wholly or mainly publicly funded 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 services.
Amendment 465 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 469 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
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 Statetake appropriate measures, in accordance with national law, to monitor the proper application of this Regulation.
Amendment 475 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. Member States shall ensure that any party with a legitimate interest has the right and is informed about how to lodge a complaint against the decisions or individual measures taken pursuant to the provisions of this Regulation.
Amendment 476 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 481 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 484 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 489 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 492 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 496 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
Amendment 499 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 504 #
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
9. Member States shall notify to the Commission the identity of the independent supervisory bodies by 1 July 2015 at the latest and subsequwhich mechanisms and procedures are used or put in place to comply with paragraph 1 and 2 of this Article twelve months after the entlry any modification thereof. The Commission shall publish and updinto force of the Regulation ate the list of the independent supervisoratest and subsequently any bmodies on its websitefication thereof.
Amendment 509 #
Proposal for a regulation
Article 18
Article 18
Amendment 521 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Any party with a legitimate interest shall have the right to appeal against the decisions or individual measures taken under this Regulation by the competent authorities, or by the managing body of the port or by the independent supervisory body to an appeal body which is independent of the parties involved. This appeal body may be a court.
Amendment 524 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 1 July 20158 at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 526 #
Proposal for a regulation
Article 21
Article 21
Amendment 539 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
It shall apply with effect from 1 July 20158.