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26 Amendments of Sławomir NITRAS related to 2013/0157(COD)

Sławomir NITRAS, Artur ZASADA, Jarosław WAŁĘSA

Proposal for a regulation
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The European Parliament rejects the motion for a resolution.

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

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 body.~~

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Recital 27

~~(27) In order to ensure the proper and effective application of this Regulation, an independent supervisory body, which could be an already existing body, should be designated in every Member State.~~deleted

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

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

Sławomir NITRAS, Artur ZASADA

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

Sławomir NITRAS, Artur ZASADA

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

2. "cargo handling services" means the organisation and handling of cargo between the carrying waterborne vessel and the shore be it for import, export or transit of the cargo, including the processing, transporting and temporary storage of the cargo on the relevant cargo handling terminal ~~and directly related to the transporting of the cargo, but excluding~~, warehousing, stripping, repackaging or anyd other ~~value added services related to the handled~~services directly related to the transportation of the cargo;

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Article 4 – paragraph 2 – introductory part

2. The minimum requirements provided for in paragraph 1 may ~~only~~ relate particularly, where applicable, to:

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Article 4 – paragraph 4

4. Where the minimum requirements include specific local knowledge or acquaints with local conditions, the managing body of the port ~~shall~~may ensure that ~~adequate~~ access to relevant training exists, under transparent and non-discriminatory conditions, unless adequate access to such training is ensured by the Member State.

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA, Jarosław WAŁĘSA

Proposal for a regulation
Article 7 – paragraph 2

2. If the estimated value of the port service exceeds the threshold defined in paragraph 3, the rules on the award procedure, the procedural guarantees and the maximum duration of the concessions as set out in Directive …./…. [concession] shall apply.deleted

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA, Jarosław WAŁĘSA

Proposal for a regulation
Article 7 – paragraph 3

~~3. The threshold and the method to determine the value of the port service shall be those of the relevant and applicable provisions of Directive .…/…. [concession].~~deleted

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA, Jarosław WAŁĘSA

Proposal for a regulation
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 a new port service contract and shall require a new procedure as referred to in paragraph 2.deleted

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
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 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.deleted

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Article 10 – paragraph 3

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

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Article 12 – paragraph 4

4. The managing body of the port shall keep the information concerning the financial relations as referred to in paragraphs 1 and 2 of this Article at the disposal of the Commission and of the competent ~~independent supervisory~~public body as referred to in Article 17 for five years from the end of the fiscal year to which the information refers.

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Article 12 – paragraph 5

5. The managing body of the port shall make available to the Commission and the competent ~~independent supervisory~~public body, upon request, any additional information that they deem necessary in order to complete a thorough appraisal of the data submitted and to assess compliance with this Regulation. The information shall be transmitted within two months from the date of the request.

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Article 13 – paragraph 3

3. The port service provider shall make available to the competent ~~independent supervisory body as referred to in Article 17~~public body, upon request, 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.~~

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

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.

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Article 14 – paragraph 7

7. The managing body of the port shall make available to the competent ~~independent supervisory~~public body 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

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Article 15

Article 15 Consultation of port users 1. The managing body of the port 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". 2. The managing body of the port 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 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.deleted

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Article 16 – paragraph 1 – introductory part

1. The managing body of the port shall ~~regularly consult stakeholders such as~~establish a stakeholders’ committee whose composition should include, in particular, undertakings established in the port, providers of port services, operators of waterborne vessels, cargo owners, land transport operators and public administrations operating in the port area ~~on the following~~. The agreement of the port management shall not be required in order to join this committee. Stakeholders shall have full freedom to select their representatives in the committee. Port management shall consult the stakeholders’ committee on decisions – including investment decisions – that may have a significant impact on port operations, including in particular:

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)

(c a) the structure and level of charges for the use of port infrastructure.

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Article 17

~~[...]~~deleted

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

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

Sławomir NITRAS, Artur ZASADA

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, by the managing body of the port or by the ~~independent supervisory~~competent public body to an appeal body which is independent of the parties involved. This appeal body may be a court.

2013/12/04
Committee: TRAN

Sławomir NITRAS, Artur ZASADA

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

Sławomir NITRAS, Artur ZASADA

Proposal for a regulation
Article 25 – paragraph 2

It shall apply with effect from 1 July 20158.

2013/12/04
Committee: TRAN