37 Amendments of David Maria SASSOLI related to 2013/0157(COD)
Amendment 130 #
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 demonstrathave to guarantee that they meet minimum requirements to perform the services 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 equipthe equipment needed in order to provide the relevant port service and compliance with maritime safety requirements. These conditions should take into account environmental required insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port servicements as well as national social standards. These minimum requirements, which include environmental and social standards, should be decided at national level and verified in each port by the relative managing body.
Amendment 146 #
Proposal for a regulation
Recital 18
Recital 18
(18) The managing body of the port or 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 thean independent supervisory body.
Amendment 166 #
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 to 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. OJ L 82, 22.3.2001, p. 16.
Amendment 199 #
Proposal for a regulation
Recital 23
Recital 23
(23) Port service charges applied by providers of port services which are not designated in accordance with an open, transparent and non-discriminatory procedure entail a higher risk of price abuse given their monopolistic or oligopolistic situation and the fact that their market cannot be contested. The same is true for charges levied by internal operators in the meaning of this Regulationand which are not exposed to effective competition, entail a higher risk of price abuse. For those services, in the absence of fair market mechanisms, arrangements should be established to ensure that the charges they levy reflect the normal conditions of the relevant marketlevied are not disproportionate to the economic value of the services provided and are set in a transparent and non- discriminatory way.
Amendment 203 #
Proposal for a regulation
Recital 30
Recital 30
(30) In order to ensure fair and 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 principlesidentification of a European body whose decisions are binding for the ports should be concferning mechanisms for control by the Member States of the Commission's exercise of implementing powers13 red on the Commission. __________________ 13 OJ L 55, 28.2.2011, p. 13.
Amendment 204 #
Proposal for a regulation
Recital 31
Recital 31
(31) Since the objectives of this Regulation, namely ensuring the modernisation of port services and the appropriate framework to attract necessary investments in all the ports of the trans- European transport network, cannot be sufficiently achieved by the Member States because of the European dimension, and the international and cross-border nature of port and related maritime business, and can therefore, by reason of the need for a European level playing field, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 217 #
Proposal for a regulation
Recital 28
Recital 28
(28) The different independent supervisory bodies should exchange information on their work and cooperateIn the event of a cross-border dispute or complaint, the European supervisory body which receives the necessary information from the independent supervisory bodies in the various cooperating Member States should have competence, in order to ensure a uniform application of this Regulation.
Amendment 221 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 230 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 276 #
Proposal for a regulation
Article 2 – point 2
Article 2 – 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, unless otherwise determined by Member State, warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 304 #
Proposal for a regulation
Article 2 – point 12
Article 2 – point 12
12. ‘port service contract’ means a formal and legally binding agreement between a provider of port service and a competent authority whereby this body designates a provider of port service to provide port services following a procedure to limit the number ofcontract or any other act of equivalent effect between a provider of port service and the managing body of the port or a competent authority; having as its subject-matter the provision of one or more port services as defined in Article 1(2), without prejudice to the form of designating providers of port services;.
Amendment 312 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) shipping safety in the port and environmental protection;
Amendment 332 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the availability of the service without interruption during the day, the night, the week and the year, as well as on safety grounds;
Amendment 336 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) thegreater affordability of the service for certainall potential categories of users.
Amendment 352 #
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 the 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 372 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The managing body of the port shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with Article 4 within onea reasonable time, and in any events not exceeding four months from receiving a request for the granting of such a right. Any refusal shall be duly justified on the basis of objective, transparent, non- discriminatory and proportionate criteria.
Amendment 374 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. For the service rendered by tugs, being vessels to which the reference made in paragraph 2 to Directive 2001/23/EC is not applicable, the port management bodies shall require that staff previously taken on by the incumbent provider of port services are guaranteed the right to be given priority in recruitment by the designated service provider over other workers; only in the event that said staff renounce the aforesaid right may the designated services provider seek alternative staff, offering them the same terms of employment.
Amendment 385 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where the managing body of the port that receives public funds provides port services itself, it shall keep the accounts of each port service activity and of public funds received separate from the accounts of its other activities, in such a way that :
Amendment 388 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where the managing body of the port that receives public funds provides port services itself, it shall keep the accounts of each port service activitythat publicly funded activity or investment separate from the accounts of its other activities, in such a way that :
Amendment 392 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) all costs and revenues are correctly assigned or allocated for each individual service on the basis of consistently applied and objectively justifiable cost accounting principles; and
Amendment 394 #
Proposal for a regulation
Article 12 – paragraph 4
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 body as referred to inbody designated pursuant to Article 17 for five years from the end of the fiscal year to which the information refers.
Amendment 397 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The managing body of the port shall make available to the Commission and the competent independent supervisory bodybody designated pursuant to Article 17, 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.
Amendment 397 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the absence of limitation leads to a financial compensation for the public service obligations which is excessively high for the managing body of the port or the competent authority, or for the port users;
Amendment 473 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. In respect of the subsidiary principle and the national Regulations, each Member States shall ensure that an independent supervisory body monitors and supervises the application of this Regulation in all the seaports covered by this Regulation on theits territory of each Member State.
Amendment 487 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 495 #
Proposal for a regulation
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6a. To guarantee fair and uniform conditions in judging litigations originated by the application of this Regulation, it is suitable to empower the Commission to identify a European body whose decisions are binding for the interested parts. This European body takes care of issues that its national branches are not able to solve because of the crossing of territorial/jurisdiction boundary limits.
Amendment 506 #
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
9. Member States shall notify to the Commission the identity of the independent supervisory bodies by 1 July 2015within 12 months after the entry in force of the present Regulation at the latest and subsequently any modification thereof. The Commission shall publish and update the list of the independent supervisory bodies on its website.
Amendment 537 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply with effect from 12 months after the entry in force of the Regulation.
Amendment 546 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where the managing body of the port that receives public funds provides port services itself, it shall keep the accounts of each port service activity or investment separate from the accounts of its other activities, in such a way that :
Amendment 554 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) all costs and revenues are correctly assigned or allocated for every single service provided on the basis of consistently applied and objectively justifiable cost accounting principles; and
Amendment 573 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The charges for the services provided by an internal operator as, referred to in Article 9 and the charges levied by providers of port service, in cases of limitation of the number of providers which have not been designated on the basis of procedures which are open, transparent and non- discriminatory, shall bs are set in a transparent and non- discriminatory way. These charges shall reflect the conditions on a competitive relevant market and shall not be disproportionate to the economic value of the service provided.
Amendment 581 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The managing body of the port shall levyMember State shall ensure that a port infrastructure charge is levied. This shall not prevent providers of port services which are using port infrastructures from levying port service charges.
Amendment 586 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In order to contribute to an efficient infrastructure charging system, the structure and the level of port infrastructure charges shall be deftermined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of theaccording to national ports policy and/or the individual port’s commercial strategy and investment plan and comply with competition reulevant market and in accordance with State aid rus, where applicables.
Amendment 609 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The managing body of the port shall inform port users and the representatives or associations of port users about the structure and the criteria used to determine thein a transparent manner ambount of the port infrastructure charges, including the total costs and revenues serving as a basis to determine the structure and the levelstructure and the criteria used to determine the amount of the port infrastructure charges. It shall inform users of the port infrastructures of any changes in the amount of the port infrastructure charges or in the structure or criteria used in order to determine such charges at least three months in advance.
Amendment 645 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that there is an independent supervisory body to monitors and supervises the application of this Regulation in all the seaports covered by this Regulation on the territory of each Member State.
Amendment 650 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The independent supervisory body shall be legally distinct from and functionally independent of any managing body of the port or providers of port services. Member States that retain ownership or control of ports or port managing bodies shall ensure an effective structural separation between the functions relating to the supervision and monitoring of this Regulation and the activities associated with that ownership or control. The independent supervisory body shall exercise its powers impartially and transparently and with due respect to the right to freely conduct business. The supervisory bodies of Member States shall be coordinated by an independent European supervisory body, which shall be competent in the event of a cross- border dispute or complaint or a dispute with other international authorities.
Amendment 659 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. In the event that the dispute arises between parties established in different Member States, the independent European supervisory body of the Member State of the port where the dispute is presumed to have its origin shall have competence to solve the dispute.