29 Amendments of Dominique VLASTO related to 2013/0157(COD)
Amendment 105 #
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. They will also allow the removal of persistent barriers to intra-Community maritime transport, which impede the creation of a genuine internal market for maritime transport.
Amendment 110 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The particular nature of the organisation and tasks performed by the managing bodies of ports and the extreme diversity of European ports render any standardisation initiative at Community level impossible and irrelevant. In this context, it is vitally important to recognise the competence of Member States in determining how their ports are to be managed, taking due account of the specificities and characteristics of each port and the national legislation in force, without this creating an obstacle to compliance with the rules of the Treaty on the Functioning of the European Union in respect of competition and financial transparency.
Amendment 120 #
Proposal for a regulation
Recital 6
Recital 6
(6) The self-provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of Member States for safety or social reasons. The stakeholders consulted by the Commission when preparing its proposal highlighted that imposing a generalised allowance of the self-provision of service at Union level would require additional rules on safety and social issues in order to avoid possibleany negative impacts in these areas. It appears therefore appropriate at this stage not to regulate this issue at Union level and to lreave it to the Member States toffirm the competence and the responsibility of Member States to examine the advisability of regulateing the self-provision of port services or not. Therefore, this Regulation should only cover the provision of port services for remuneration.
Amendment 131 #
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and environmentally sound port management, the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way. These minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators, including in terms of training, and the equipment required insofar asto provide quality port services in a continuous manner, and ensure respect for these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port service. in terms of maritime safety and security. These conditions should also take account environmental requirements, as well as national social standards.
Amendment 141 #
Proposal for a regulation
Recital 14
Recital 14
(14) The recourse to public service obligations leading to a limitation inMember States should be able to impose public service obligations with regard to port services in order to limit the number of providers of a port service should only be justified for reasons of public interest in order to ensure the accessibility of the port service to all users, the availability of the port service all year long orand in the entire port area, the affordability of the port service to certain category of users, maritime safety and security and the environmental sustainability of port operations.
Amendment 152 #
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services. This Regulation shall not affect the application of the social and labour rules of the Member States. In cases of limitation of the number of port service providers, where the conclusion of a port service contract may entail a change of port service operator, it should be possible for the competent authorities to askrequire the chosen service operator to apply the provisions of Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses11. __________________ 11 OJ L 82, 22.03.01, p. 16.
Amendment 160 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
Amendment 163 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Commission should clarify the concept of State aid with regard to the financing of port infrastructures, taking into account the non-commercial nature of public access and defence infrastructures, in particular rail and road access infrastructures and their connections to the national transport system, the infrastructure necessary for public services in port areas, berths, and any infrastructure allowing access to a port area, including access by sea, inland waterways and defences. These types of infrastructure should be accessible to all potential users on an equal footing and without discrimination. It should be solely the responsibility of the State in question to meet the general needs of the population.
Amendment 225 #
Proposal for a regulation
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) mooring;
Amendment 243 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. "managing body of the port" means any public or private body which, whether or not in conjunction with other activities, has as its objective under national law or instruments the administration and management of the port infrastructures, port traffic, the coordination and, where appropriate, the realisation, organisation or the control of the activities of the operators present in the port concerned, the administration and the management of port traffic in the port in question and the development of the port area;
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. "mooring" means the services, land and maritime equipment and personnel for the berthing and un- berthing serviceoperations required for a waterborne vessel being anchored or otherwise fastened to the shore in the port or in the waterways access to the port infrastructures;
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. "port infrastructure charge" means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of facilities and services that allow vessels entry and exit in and out of the port, including the waterways giving access to those ports, as well as where these waterways are administered and managed by the port itself, access to the processing of passengers and cargo, and land connections with the port;
Amendment 260 #
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
16. "seaport" means an area of land and water made up of such works and equipment so as to permit, principally, the reception of ships, their loading and unloading, the storage of goods, the receipt and delivery of these goods and the embarkation and disembarkation of passengers and other persons; and any other infrastructure necessary for transport operators within the port area;
Amendment 274 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The managing body of the port mayshall require that providers of port services comply with minimum requirements to perform the corresponding port service.
Amendment 275 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The minimum requirements provided for in paragraph 1 may only relate, where applicable,relate to:
Amendment 278 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the equipment needed to provide the relevant port service in normal and safe conditions and theto any vessel which the port may receive, at all berths, in normal and safe conditions, in a continuous manner, and the technical and technical capacity to maintain this equipment at the appropriate level;
Amendment 304 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the scarcity or reserved use of land, provided that the managing body can demonstrate that the land constitutes an essential port facility to provide thewhich is essential for the provision of port services and that the limitation is, where applicable, in accordance with the formal development plan of the port as agreed by the management body of the port and where appropriate any other public competent authorities according to the national legislation;
Amendment 314 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) where the characteristics of the port market of a given port do not enable multiple providers to provide quality port services in conditions which guarantee the security, continuity and quality of the service;
Amendment 327 #
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The duration of the port service contract shall be limited. The managing body of the port, or where appropriate the competent authority, shall determine that duration on the basis of the nature and purpose of the service to which the contract relates. The calculation shall include both initial investments and investments during the duration of the contract.
Amendment 335 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the availability of the service to all users and all berths;
Amendment 349 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the cases provided for in Article 6 (1) (b), the managing body of the port or the competent authority may decide either to provide a port service under public service obligations itselfthemselves, through agents employed or commissioned by the competent authority, where appropriate, or to impose such obligations directly on a legally distinct entity over which ithey exercises a control similar to that exercised over itstheir own departments. In such a case, the port service provider shall be considered as an internal operator for the purpose of this Regulation.
Amendment 351 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The managing body of the port or the competent authority shall be considerdeemed asto exercising ae control ofver a legally distinct entity similar to that exercised to itsin their own departments only if ithey exercises a decisive influence over both the strategic objectives identified and the significant decisions of the controlledrelating to the port service concerned, taken by the legal entity concerned.
Amendment 371 #
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 may require the designated provider of port services, newly 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.
Amendment 381 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter and the transitional provisions of Article 24 shall notonly apply to cargo handlbunkering services and passenger servicort reception facilities.
Amendment 384 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where the managing body of the port thatprovides port services itself and receives public funds provides portfor those services itself, it shall keep thwo separate accounts, of eachne for the port service activity separate from the accounts of itsies for which it receives public funding and a second one for the other activities, in such a way that :
Amendment 399 #
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
Amendment 408 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The port service provider shall make available to the competent independent supervisory body as referred to in Article 17, upon requesbody designated pursuant to Article 17, in the event of a formal complaint, information on the elements serving as a basis to determine the structure and the level of the port service charges that falls under the application of paragraph 1 of this Article. This information shall include the methodology used for setting the port charges with regard to the facilities and services to which these port service charges relate to.
Amendment 431 #
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 classifications of vessels, fuels and types of operations according to which the infrastructure charges can vary and common charging principles for port infrastructure charges, internationally recognised classifications of vessels and fuels according to which the infrastructure charges can vary.
Amendment 437 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The managing body of the port shall make available to the competent independent supervisory body, in the event of a formal complaint and upon request, make available to the 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,, which shall servinge 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.