28 Amendments of Jutta STEINRUCK related to 2013/0157(COD)
Amendment 30 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 34 #
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and environmentally and socially 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 the equipment needed in order to provide the relevant port service, and compliance with maritime safety requiprement required insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provisions. These minimum requirements should also take into account environmental requirements as well as national social standards, compliance with the provisions on health and safety that apply to the port concerned and the good repute of the port service provider.
Amendment 36 #
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 36 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Each service provider, and especially one that is a new market entrant, should demonstrate its ability to serve a minimum number of vessels with its own staff and equipment. The service provider should apply the relevant provisions and rules including applicable labour laws, applicable collective agreements, and quality requirements of the port concerned.
Amendment 41 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) respect for national employees’ rights and social minimum standards, including collective agreements which are in force concerning terms of employment.
Amendment 48 #
Proposal for a regulation
Recital 14
Recital 14
(14) The recourse to public service obligations leading to 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, or safe, secure and environmentally and socially sustainable port operations.
Amendment 55 #
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 and should take into account Article 28 of the Charter of Fundamental Rights of the European Union. 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 toMember States should ask 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, 22.3.2001, p. 16.
Amendment 59 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In a highly complex and dangerous sector such as port services, training of new recruits as well as lifelong training of staff are essential for ensuring workers’ health and safety, as well as the quality of services. Adequate training should be a right for every worker entering the port sector. The EU-level Sectoral Social Dialogue Committee for Ports should be able to develop guidelines for the establishment of training requirements to ensure a high quality of education and training of workers, to minimise the risk of accidents and to meet future skill requirements.
Amendment 62 #
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 mayust 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.
Amendment 62 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Developments in the maritime industry, such as the increasing size of vessels and overcapacity, aggravate the already fluctuating demand for labour. In many ports this has resulted in an increase of casual work arrangements, which led to precarious and unsocial working conditions. The Member States, together with the social partners, should take measures to ensure employment continuity and social protection, despite the fluctuations in demand for labour, in accordance with the principles set out in the ILO Convention concerning the Social Repercussions of the New Methods of Cargo Handling in Docks (ILO Convention No. 137).
Amendment 63 #
Proposal for a regulation
Recital 19 c (new)
Recital 19 c (new)
(19c) All models for the organisation of port labour that secure quality jobs and safe working conditions should be supported by the Commission and the Member States. Any necessary adjustments should only be promoted through negotiations between the social partners, and the Commission should duly take into account the results of such negotiations.
Amendment 64 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where managing bodies of the port require all providers ofwhich are involved in providing port services to comply with certaall the existing 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.
Amendment 64 #
Proposal for a regulation
Recital 19 d (new)
Recital 19 d (new)
(19d) Automation and technological innovation should be dealt with in a timely manner by the employers and workers’ representatives jointly, in order to guarantee the necessary training and retraining and to find shared solutions to minimise the negative effect of such processes on occupational health and safety, employability and job security. Such dialogue should also involve public authorities and management bodies, as appropriate, whenever they are involved in automation, innovation and expansion plans.
Amendment 66 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Member States shall arrange for national labour inspectorates to conduct regular checks for compliance with the existing social standards.
Amendment 72 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Labour relations have a significant influence on the activities and working of the ports. Therefore the EU level Sectoral Social Dialogue Committee for Ports should be able to provide the EU social partners with a framework for the possible adoption of common results regarding social issues related to port labour relations. The Commission should facilitate, support and offer technical assistance to the negotiations where necessary, while respecting the autonomy of the social partners. The EU social partners should have the possibility to report on any progress made, if they wish so, so that their outcomes could be taken into account by the Commission when reporting on the effect of this Regulation.
Amendment 73 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The managing body of the port shall regularly consult stakeholders such as, including representatives of employers and employees at 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:
Amendment 75 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) compliance with the existing social standards.
Amendment 104 #
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, including the provisions on health and safety at work which apply to the port concerned;
Amendment 111 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the compliance with national social standards;
Amendment 112 #
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(db) the good repute of the port service provider with regard to the respect of social and labour rights, including the compliance with applicable Union and national law and with agreements to protect health and safety.
Amendment 126 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the need to ensure the provision of safe, secure or environmentally sustainable port operations;
Amendment 129 #
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and, environmentally and socially sound port management, the managing body of the port should be able to require that port service providers, including subcontractors, 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 as these requirements are transparneeded in order to provide the relevant port service, compliance with maritime safety requirements, respect of environmental requirements, non- discriminatory, objective and relevthe good repute of the provider regarding the respect of social and labour rights, including the application of laws and agreements to protect health and safety, antd for the provistection of the port serviceemployees.
Amendment 141 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the safety, security or environmental sustainability of ports operations.
Amendment 154 #
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 mayMember States shall 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 and where the incumbent provider ceases its commercial operations, 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 172 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The managing body of the port shall regularly consult stakeholders such as undertakings established in the port, providers of port services, operators of waterborne vessels, cargo owners, land transport operators and, public administrations and representatives of the employers and employees operating in the port area on the following:
Amendment 174 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) the compliance with the minimum requirements provided for in Article 4(2), including the proper application of health and safety at work which apply to the port concerned;
Amendment 264 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
18 a. "Subcontractor" means any natural person or any legal entity, to whom the execution of all or part of the obligations of a prior contract is assigned;
Amendment 269 #
Proposal for a regulation
Article -3 (new)
Article -3 (new)