[ParlTrack]

Bogusław LIBERADZKI, Georges BACH, Tomasz Piotr PORĘBA

Proposal for a regulation
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The European Parliament rejects the Commission proposal.

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

Draft legislative resolution
Paragraph 1

1. ~~Adopts its position at first reading hereinafter set out~~Rejects the Commission's proposal;

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 3 – paragraph 1

1. Freedom to provide services in ~~sea~~maritime ports covered by this Regulation shall apply to the providers of port services established in the Union and to entities that carry out port service activities in the EU under the conditions set out in this Chapter.

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 4

Minimum requirements for the provision 1. The managing body of the port may require that providers of port services comply with minimum requirements to perform the corresponding port service. 2. The minimum requirements provided for in paragraph 1 may only relate, where applicable, to: a) the professional qualifications of the port service provider, its personnel or the natural persons who effectively and continuously are managing the activities of the port service provider; b) the equipment needed to provide the relevant port service in normal and safe conditions and the capacity to maintain this equipment at the appropriate level; c) the compliance with requirements on the maritime safety or the safety and security of the port or access to it, its installations, equipment and persons; d) the compliance with local, national, Union and international environmental requirements. 3. The minimum requirements shall be transparent, non-discriminatory, objective and relevant to the category and nature of port services concerned. 4. Where the minimum requirements include specific local knowledge or acquaints with local conditions, the managing body of the port shall 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. 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 2015 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.Article 4 deleted of port services

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 6

Limitations of the number of providers of 1. By way of derogation from Article 3, the managing body of the port may limit the number of providers of port service for a given port service for one or several of the following reasons: 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 the port service and that the limitation is 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; b) the public service obligations as provided for in Article 8, insofar as the absence of limitation can obstruct the performance of the obligations assigned to the providers of port services. 2. The managing body of the port shall publish any proposal to apply paragraph 1 at least six months in advance together with the grounds justifying it, giving any interested party the opportunity to comment within a reasonable period. 3. The managing body of the port shall publish the adopted decision. 4. When a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls, the Member State may entrust the adoption of the decision limiting the number of providers of port services to an authority which is independent from the managing body of the port. If the Member State does not entrust the adoption of the decision limiting the number of providers of port services to such an authority, the number of providers shall not be less than two.Article 6 deleted port services

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 7

1. Any limitation of the number of providers for a port service in accordance with Article 6 shall follow a selection procedure which shall be open to all interested parties, non-discriminatory and transparent. 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. 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 .…/…. 4. [concession]. The selected provider or providers and the managing body of the port shall conclude a port service contract. 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. 6. Paragraphs 1 to 5 of this Article shall not apply in the cases referred to in Article 9. 7. This Regulation is without prejudice to Directive …/… [concession]15 , Directive .…/….[public utilities]16 and Directive …/… [public procurement]17 __________________ 15Proposalfor a Directive on the award of concession contracts (COM 2011) 897 final 16Proposal by entities operating in the water, energy, transport and postal services sectors (COM/2011/0895 final) 17Proposal procurement (COM/2011/0896 final)Article 7 deleted Procedure for the limitation of the number of providers of port services for a Directive on procurement for a Directive on public

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 9

1. In the cases provided for in Article 6 (1) (b), the competent authority may decide to provide a port service under public service obligations itself or to impose such obligations directly on a legally distinct entity over which it exercises a control similar to that exercised over its own departments. In such a case, the port service provider shall be considered as an internal operator for the purpose of this Regulation. 2. The competent authority shall be considered as exercising a control of a legally distinct entity similar to that exercised to its own departments only if it exercises a decisive influence over both the strategic objectives and the significant decisions of the controlled legal entity. 3. The internal operator shall be confined to perform the assigned port service only in the port(s) for which the assignment to provide the port service has been attributed to him. 4. If a competent authority decides to apply paragraph 1 in all the seaports covered by this Regulation in a Member State, it shall inform the Commission. 5. This Article is without prejudice to Directive .…/….[concession].Article 9 deleted Internal operator

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 11 – paragraph 1 a (new)

Member States may decide not to apply any limitations and public service obligations to one or more categories of port services. In such cases, this Chapter and the transitional provisions of Article 24 do not apply to such services.

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

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

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 17

~~[...]~~deleted

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 18

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).Article 18 deleted Cooperation between independent supervisory bodies

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

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.Article 21 deleted Exercise of the delegation

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 22

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.Article 22 deleted Committee procedure

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 24 – paragraph 1

1. Port service contracts and fixed-term and open-ended lease agreements concluded before [date of adoption of the Regulation] which were entrusted to selected providers of port services based on an open, transparent and non- discriminatory procedure or are otherwise in conformity with the rules of this Regulation shall continue to be valid until their expiry.

2015/07/02
Committee: TRAN

Tomasz Piotr PORĘBA

Proposal for a regulation
Article 24 – paragraph 2

2. Port service contracts concluded before [date of adoption of the Regulation] which do not meet the conditions provided in paragraph 1 shall remain valid until they expire but not after ~~1 July 2025~~36 months after the entry into force of this Regulation.

2015/07/02
Committee: TRAN

15 Amendments of Tomasz Piotr PORĘBA related to 2013/0157(COD)

ParlTrack - 2011-2024