[ParlTrack]

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

2015/07/02
Committee: TRAN

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

Jacqueline FOSTER

Proposal for a regulation
Recital 14 a (new)

(14a) While public service obligations may be defined and designated by national authorities, a general obligation set by national or European legislation for a port to accept any vessel physically capable of entering and mooring without discrimination or hindrance should not be understood to be a public service obligation for the purposes of this Regulation.

2015/07/02
Committee: TRAN

Philip BRADBOURN, Jacqueline FOSTER

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

Philip BRADBOURN, Jacqueline FOSTER

Proposal for a regulation
Article 1 – paragraph 2 – point b

~~(b) cargo handling;~~deleted

2013/12/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
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 shipping, 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 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. 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 Council.deleted

2015/07/02
Committee: TRAN

Philip BRADBOURN, Jacqueline FOSTER

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

Jacqueline FOSTER

Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)

(ba) where it has been established pursuant to Article 35 of Directive 2014/25/EU that a port sector or sub- sector within a Member State carries out an activity directly exposed to competition in accordance with Article 34 of that Directive. In such case, paragraphs 2 and 3 of this Article shall not apply.

2015/07/02
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 6 – paragraph 4 a (new)

4a. Member States may decide that their ports of the comprehensive network which do not meet the criteria in point (b) of Article 20(2) of Regulation (EU) No 1315/2013 may limit the number of service providers for a given port service. In such case, Article 7 of this Regulation shall not apply and the Member States shall inform the Commission thereof.

2015/07/02
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 9 – paragraph 3

3. TIn the cases provided for in Article 6(1), with the exception of point (ba), the internal operator shall be confined to perform the assigned port service only in the port~~(s)~~ or ports for which the assignment to provide the port service has been attributed to him.

2015/07/02
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 12 – paragraph 7 a (new)

7a. Member States may decide that paragraph 2 shall not apply to their ports of the comprehensive network which do not meet the criteria in point (b) of Article 20(2) of Regulation (EU) No 1315/2013 in case of disproportionate administrative burdens, provided that any public funds received, and their use for providing port services, remain fully transparent in the accounting system. In such case, the Member States shall inform the Commission thereof in advance.

2015/07/02
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
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 classifications of vessels, fuels and types of operations according to which the infrastructure charges can vary and common charging principles for port infrastructure charges.

2015/07/02
Committee: TRAN

Jacqueline FOSTER

Proposal for a regulation
Article 21

~~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.1 deleted Exercise of the delegation

2015/07/02
Committee: TRAN

Activities of Jacqueline FOSTER related to 2013/0157(COD)

Plenary speeches (1)

Amendments (13)

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