BETA

46 Amendments of Philip BRADBOURN related to 2013/0157(COD)

Amendment 87 #
Proposal for a regulation
The European Parliament rejects the Commission proposal.
2013/12/04
Committee: TRAN
Amendment 89 #
Proposal for a regulation
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)
2013/12/04
Committee: TRAN
Amendment 95 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 101 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 102 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 104 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 109 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 135 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 144 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 167 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 173 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 175 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 178 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 182 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 188 #
Proposal for a regulation
Recital 28
(28) The different independent supervisory bodies should exchange information on their work and cooperate in order to ensure a uniform application of this Regulation.deleted
2013/12/04
Committee: TRAN
Amendment 198 #
Proposal for a regulation
Recital 30
(30) In order to ensure uniform conditions for the implementation of this Regulation implementing powers relating to appropriate arrangements for the exchange of information between independent supervisory bodies should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers13 . __________________ 13deleted OJ L 55, 28.2.2011, p. 13.
2013/12/04
Committee: TRAN
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) cargo handling;deleted
2013/12/04
Committee: TRAN
Amendment 217 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
(c) dredging;deleted
2013/12/04
Committee: TRAN
Amendment 222 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
(d) mooring;deleted
2013/12/04
Committee: TRAN
Amendment 227 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
(g) pilotage and;deleted
2013/12/04
Committee: TRAN
Amendment 231 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
(h) towage.deleted
2013/12/04
Committee: TRAN
Amendment 294 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 357 #
Proposal for a regulation
Article 10
Article 10 Safeguarding of employees' rights 1. This Regulation shall not affect the application of the social and labour rules of the Member States. 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port may 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 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. 3. Where managing bodies of the port require providers of port services to comply with certain social standards as regards the provision of relevant port services, tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services.deleted
2013/12/04
Committee: TRAN
Amendment 404 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 411 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 417 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 432 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 435 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 441 #
Proposal for a regulation
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".
2013/12/04
Committee: TRAN
Amendment 446 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 465 #
Proposal for a regulation
Article 17 – title
Independent supervisory bodyApplication of this Regulation
2013/12/04
Committee: TRAN
Amendment 469 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 475 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 476 #
Proposal for a regulation
Article 17 – paragraph 2
2. The independent supervisory body shall be legally distinct from and functionally independent of any managing body of the port or providers of port services. Member States that retain ownership or control of ports or port managing bodies shall ensure an effective structural separation between the functions relating to the supervision and monitoring of this Regulation and the activities associated with that ownership or control. The independent supervisory body shall exercise its powers impartially and transparently and with due respect to the right to freely conduct business.deleted
2013/12/04
Committee: TRAN
Amendment 481 #
Proposal for a regulation
Article 17 – paragraph 3
3. The independent supervisory body shall handle the complaints lodged by any party with a legitimate interest and the disputes brought before it arising in connection with the application of this Regulation.deleted
2013/12/04
Committee: TRAN
Amendment 484 #
Proposal for a regulation
Article 17 – paragraph 4
4. In the event that the dispute arises between parties established in different Member States, the independent supervisory body of the Member State of the port where the dispute is presumed to have its origin shall have competence to solve the dispute.deleted
2013/12/04
Committee: TRAN
Amendment 489 #
Proposal for a regulation
Article 17 – paragraph 5
5. The independent supervisory body shall have the right to require managing bodies of the ports, providers of port services and port users to submit information needed to ensure monitoring and supervision of the application of this Regulation.deleted
2013/12/04
Committee: TRAN
Amendment 492 #
Proposal for a regulation
Article 17 – paragraph 6
6. The independent supervisory body may issue opinions at the request of a competent authority in the Member State on any issues in relation to the application of this Regulation.deleted
2013/12/04
Committee: TRAN
Amendment 496 #
Proposal for a regulation
Article 17 – paragraph 7
7. The independent supervisory body may consult the port users' advisory committee of the port concerned when dealing with the complaints or disputes.deleted
2013/12/04
Committee: TRAN
Amendment 499 #
Proposal for a regulation
Article 17 – paragraph 8
8. The decisions of the independent supervisory body shall have binding effects, without prejudice to judicial review.deleted
2013/12/04
Committee: TRAN
Amendment 504 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 509 #
Proposal for a regulation
Article 18
Article 18 Cooperation between independent supervisory bodies 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 the work of the network. 2. The independent supervisory bodies shall cooperate closely for the purposes of mutual assistance in their tasks, including in carrying out investigations required to handle complaints and disputes in cases involving ports in different Member States. For this purpose, an independent supervisory body shall make available to another such body, after a substantiated request, the information necessary to allow that body to fulfil its responsibilities under this Regulation. 3. The Member States shall ensure that the independent supervisory bodies shall provide the Commission, after a reasoned request, with the information necessary for it to carry its tasks. The information requested by the Commission shall be proportionate to the performance of those tasks. 4. Where information is considered confidential by the independent supervisory body in accordance with Union or national rules on business confidentiality, the other national supervisory body and the Commission shall ensure such confidentiality. This information may only be used for the purpose which it was requested. 5. Based on the experience of the independent supervisory bodies and on the activities of the network referred to in paragraph 1, and in order to ensure efficient cooperation, the Commission may adopt common principles on the appropriate arrangements for the exchange of information between independent supervisory bodies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).deleted
2013/12/04
Committee: TRAN
Amendment 521 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 524 #
Proposal for a regulation
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.
2013/12/04
Committee: TRAN
Amendment 526 #
Proposal for a regulation
Article 21
Article 21 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for an indeterminate period of time. 3. The delegation of power referred to in Article 14 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 14 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.deleted
2013/12/04
Committee: TRAN
Amendment 539 #
Proposal for a regulation
Article 25 – paragraph 2
It shall apply with effect from 1 July 20158.
2013/12/04
Committee: TRAN