14 Amendments of Carlo FIDANZA related to 2013/0157(COD)
Amendment 111 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The services of pilotage, towage and mooring are an essential part of the measures ensuring a safe transit, manoeuvre and presence of the ships in ports, in the interests of the users of services, of the port community and of the entire local community. These services are better identified as technical-nautical services, having the common feature to guarantee professional human resources and adequate equipment at the disposal of the users at the best economic conditions. The competent authority should particularly guarantee the safe navigation and mooring of ships in port and a defence in case of necessity and / or emergency.
Amendment 117 #
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5 c) Because of the link between technical-nautical services and maritime safety, security and environmental protection, national legislation of Member States may provide a regulatory framework to direct and control the related service providers, coordinating their activity and adopting specific rules about the transparent and non- discriminatory access to the profession, the organisation and how to offer such services;
Amendment 124 #
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 concerningconcerning inter alia the professional qualifications of the operators, including in terms of training, and the equipment required, the availability of the service, the compliance of the requirements regarding maritime safety or regarding security and safety of the port or one of its accesses, its facilities, its equipment, its personnel, as well as the respect of environmental requiredments, insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port service.
Amendment 140 #
Proposal for a regulation
Recital 14
Recital 14
(14) The recourMember states shall be authorised to impose public service obligations leading towhich may justify a limitation in 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 or the affordability of the port service to certain category of users, the maritime security and safety, and to protect environment.
Amendment 220 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 229 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 244 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 262 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 281 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(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, and on the availability of the service;
Amendment 309 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the characteristics of the traffic in any given port does not permit that more than a certain number of providers of port services may operate profitably in that port with regards to that particular port service;
Amendment 339 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) maritime security and safety, and environment protection missions within and at the entrance of ports;
Amendment 350 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
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. This may occur, in particular, when (a) how the business is managed and selection of staff depend on decisions by the competent authority; (b) the latter is empowered to supervise and check on the activities of the legally distinct entity or its personnel, which also bears on the appointment of persons empowered to represent and/or manage the body itself.
Amendment 362 #
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 appointed in accordance with the procedure established by Article 7 and Article 9, 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 375 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The aforegoing paragraphs 2 and 3 shall not however prejudice the right of port management bodies to include among the contract award criteria, in the selection procedure to appoint a port service provider, the stipulation that service provider candidates shall already possess qualified staff with specific experience in performing the services concerned.