73 Amendments of Karima DELLI related to 2013/0157(COD)
Amendment 21 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal
Amendment 23 #
Proposal for a regulation
Title 1
Title 1
Amendment 25 #
Proposal for a regulation
Recital 1
Recital 1
(1) The full integration of ports in seamless logistic and transport chains is needed to contribute to growth and a more efficient use and functioning of the trans- European transport network and the internal market. This requires modern port servModern port services should contribute to an efficient use of ports, a climate favourable to develop ports and create jobs in line with current and future transport and logistices contributing to an efficient use of ports and a climate favourable to investments to develop ports in line with current and future transport and logistics requiremenrequirements and decent working conditions. A legal framework for financial transparency should create a basis for enhanced cross- border cooperation and coordination between ports.
Amendment 33 #
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 toserve to deliver 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 transparent, non- discriminatory, objective and relevant for the provision of the port serviceneeded in order to safely provide the relevant port service and compliance with maritime safety requirements. These conditions should take into account social and employment standards applicable at the concerned port as well as environmental requirements.
Amendment 41 #
Proposal for a regulation
Recital 10
Recital 10
(10) Since ports are constituted of limited geographical areas, access to the market could, in certain cases, be subject to limitations relating to the scarcity of land or in case the land is reserved for certain type of activities in accordance with a formal development plan which plans in a transparent way the land use and with relevant national legislation such as those related to town and country planning objectives.
Amendment 42 #
Proposal for a regulation
Recital 11
Recital 11
(11) Any intention to limit the number of port service providers should be published in advance by the competent authority and should be fultimely justified, in order to give the interested parties the opportunity to comment. The criteria for any limitation should be objective, transparent and non- discriminatory.
Amendment 44 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 46 #
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 onlyalways 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.
Amendment 49 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation does not preclude the possibility of competent authorities to grant compensation for the accomplishment of the public service obligations provided that it complies with the applicable State aid rules. Where public service obligations qualify as SGEI compliance should be ensured with Commission Decision of 20 November 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest8 , Commission Regulation (EU) No 360/2012 of 25 April 2012 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest9 and the European Union framework for State aid in the form of public service compensation10 . __________________ 10 OJ C 8, 11.01.2012.
Amendment 50 #
Proposal for a regulation
Recital 17
Recital 17
(17) The managing body of the port should not discriminate between providers of port services, in particular in favour of an undertaking or body in which it holds an interest.
Amendment 57 #
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should under all circumstances retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services. This RegulationDirective shall not affect the application of the social and labour rules of the Member States. 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 possiblean obligation 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.
Amendment 58 #
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 the concerned 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 tasked to develop guidelines for the establishment of training requirements to ensure a high quality of education and training of dockworkers, to minimise the risk of accidents and to meet future skill requirements.
Amendment 68 #
Proposal for a regulation
Recital 26
Recital 26
(26) Adequate facilities should be in place to ensure that the users of the ports which are requested to pay a port infrastructure charge and/or a port service charge are regularly consulted when the port infrastructure charge and the port service charge are defined and changed. The managing bodies of the ports should also regularly consult other stakeholders on key issues related to the sound development of the port, its performance and its capacity to attract qualified workers and generate economic activities such as the coordination of port services within the port area and the efficiency of the connections with the hinterland and of the administrative procedures in ports.
Amendment 69 #
Proposal for a regulation
Recital 28
Recital 28
(28) The different independent supervisory bodies should exchange information on In the event of any cross-border dispute or complaint, the different bodies providing independent supervision should cooperate with each otheir work and cooperate in order to ensure a uniform applicand exchange information ofn this Regulationeir work.
Amendment 71 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) a clear framework for access to the market ofthe organisation of sea port services;
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) common rules on the financial transparency and charges to be applied by managing bodies or providers of sea port services.
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 83 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 102 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. AdopRejects its position at first reading hereinafter set out;
Amendment 106 #
Proposal for a regulation
Title
Title
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on market access to port services and financial transparency of ports (Text with EEA relevance)
Amendment 107 #
Proposal for a regulation
Recital 1
Recital 1
(1) The full integration of ports in seamless logistic and transport chains is needed to contribute to growth and a more efficient use and functioning ofModern port services should contribute to an efficient use of ports, a climate favourable to investments to develop ports in line with current and future transport and logistics requirements and better inter-connectivity with the trans- European transportilway network and the internal market. This requires modern port services contributing to an efficient use of ports and a climate favourable to investments to develop ports in line with current and future transport and logistics requir. A legal framework for financial transparency should create a basis for enhanced cross-border cooperation and coordination between ports in terms of infrastructure capacity planning and managements. .
Amendment 108 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) the compliance with local, national, Union and international social and employment as well as environmental requirements.
Amendment 109 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The Commission should propose a trans-European concept within the 'Motorways of the sea' that boosts the ports in cross-border regions, such as the Mediterranean, Black Sea, Atlantic and the Baltic sea in order to realise port services nearer to the departure or final destination of the transport flows and therefore contributes to the reduction and avoidance of less sustainable land transport.
Amendment 110 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the credentials of the applicant with regard to respect for social and labour rights, including respect for existing collective agreements and the legal provisions in terms of health and safety at the workplace;
Amendment 113 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The minimum requirements shall be transparent, non-discriminatory, objective and relevant to the category and nature of port services concerned and objective.
Amendment 117 #
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 one month from receiving a request for the granting of such a right. Any refusal shall be duly justified on the basis of objective, transparent, and non- discriminatory and proportionate criteria.
Amendment 120 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(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 th port facility, which is essential for the provision of safe, environmentally and socially sound and sustainable port services 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 toin conformity with the national legislation;
Amendment 121 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) the need to ensure the provision of safe, secure or environmentally sustainable port operations;
Amendment 123 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(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.
Amendment 124 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) where the characteristics of the port traffic of a given port do not enable multiple providers to provide port services in economically satisfactory conditions and/or in terms of security and quality of service and workers;
Amendment 134 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States may decide to impose public service obligations related to port services on providers in order to inter alia ensure the following:
Amendment 140 #
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 143 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure. The exercise of the right to collective bargaining and collective measures, including the right to strike, shall not constitute grounds for taking emergency measures. The emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9.
Amendment 150 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. This Regulation shall notDirective shall under no circumstances affect the application of or overrule the social and labour rules ofapplicable in the Member States.
Amendment 156 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to national andlaw, Union law, including particular Directive 2001/23/EC, and collective agreements between social partners at the European, national, regional or local level, the managing bodies of the port mayshall 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 respect rights in terms of informing and consulting workers and to grant staff previously taken on by the incumbent provider of port services, irrespective of whether they perform their tasks on board vessels or on land for the services in question, the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 158 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 164 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Training and labour protection 1. The employer shall ensure that its employees receive the necessary training to acquire a sound knowledge of the conditions in which their work is conducted and that they are properly trained to tackle the hazards which the work may entail. Member States shall take the necessary measures to ensure that such a principle is properly enforced. 2. In full respect of the autonomy of social partners, the EU-level Sectoral Social Dialogue Committee for Ports is invited to develop guidelines for the establishment of training requirements to prevent accidents and ensure the highest level of safety and health for port workers. Such training requirements shall be regularly updated in order to reduce on an ongoing basis the occurrence of accidents at the workplace. 3. Member States, in full cooperation with social partners, shall take measures in order to set up arrangements which ensure a balance between the fluctuation in the demand for port work the needs of port operations, on the one hand, and continuity, health and safety of port workers and protection of employment, on the other hand.
Amendment 168 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter, with the exception of Articles 4(2), 8(6) and Article 10 and the transitional provisions of Article 24 shall not apply to cargo handling services and passenger services, pilotage, towage and mooring.
Amendment 173 #
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, social partners, cargo owners, land transport operators, port workers, and public administrations operating in the port area, inhabitants in and near to the port area and organisations addressing working and living conditions in and near the ports on the following:
Amendment 174 #
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 dockworkers' health and safety, as well as the quality of services. Adequate training shall 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 dockworkers, to minimise the risk of accidents and to meet future skill requirements.
Amendment 177 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Transposition Member States shall adopt and publish, by [two years after adoption of this Directive] at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those measures from [two years after adoption of this Directive].
Amendment 178 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 179 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 181 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 224 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to supplement and amend certain non-essential elements of this Regulation and in particular to promote the uniform application of environmental charging, reinforce the Union-wide coherence of environmental charging and to ensure common charging principles in relation to the promotion of short sea shippreinforce the Union-wide coherence of environmental charging, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of common classifications of vessels, and fuels and types of operations according to which to vary the infrastructure charges and common charging principles for port infrastructure charges. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. When adopting such delegated acts, the Commission should take into account the Environmental Ship Index (ESI) and the progress made by the World Ports Climate Initiative (WPCI). The common classifications should serve only as a basis for allowing variations of port infrastructure charges and should not affect the competence of the managing body of a port to set the level of the port infrastructure charges autonomously, in accordance with the applicable rules. The Commission, when preparing and drawing- up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 233 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) a clear framework for access to the marketthe organisation of seaport services;
Amendment 235 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) common rules on the financial transparency and charges to be applied by managing bodies or providers of seaport services.
Amendment 240 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 356 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the credentials of the applicant with regard to respect for social and labour rights, including respect for existing collective agreements and the legal provisions in terms of health and safety at the workplace;
Amendment 387 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(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 th port facility, which is essential for the provision of safe, environmentally and socially sound and sustainable port services 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 toin conformity with the national legislation;
Amendment 392 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) the need to ensure the provision of safe, secure or environmentally sustainable port operations;
Amendment 399 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) where the characteristics of the port traffic of a given port do not enable multiple providers to provide port services in economically satisfactory conditions and/or in terms of security and quality of service;
Amendment 457 #
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 478 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure. The exercise of the right to collective bargaining and collective measures, including the right to strike, shall not constitute grounds for taking emergency measures. The emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9.
Amendment 509 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. This RegulationDirective shall not affect the application of the social and labour rules of the Member States.
Amendment 514 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to national andlaw, Union law, including particular Directive 2001/23/EC, and collective agreements between social partners at the European, national, regional or local level, the managing bodies of the port mayshall 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 respect rights in terms of informing and consulting workers and 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 525 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Training and labour protection 1. The employer shall ensure that its employees receive the necessary training to acquire a sound knowledge of the conditions in which their work is conducted and that they are properly trained to tackle the hazards which the work may entail. Member States shall take the necessary measures to ensure that such a principle is properly enforced. 2. In full respect of the autonomy of social partners, the EU-level Sectoral Social Dialogue Committee for Ports is invited to develop guidelines for the establishment of training requirements to prevent accidents and ensure the highest level of safety and health for port workers. Such training requirements shall be regularly updated in order to reduce on an ongoing basis the occurrence of accidents at the workplace. 3. Member States, in full cooperation with social partners, shall take measures in order to set up arrangements which ensure a balance between the fluctuation in the demand for port work and flexibility required by port operations, on the one hand, and continuity and protection of employment, on the other hand.
Amendment 535 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter, with the exception of Articles 4(2), 8(6) and 10 and the transitional provisions of Article 24 shall not apply to cargo handling services and, passenger services, pilotage, towage and mooring.
Amendment 552 #
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 and receives public funds for those port services, it shall keep thwo separate accounts, of eachne for the port service activity separate from the accounts ofies for which it receives public funding and another for its other activities, in such a way that:
Amendment 598 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with commercial practices relatedthe port’s economic strategy, commercial practices and spatial planning policy. These charges may thus vary in relation to frequent users, or in order to promote a more efficient use of the port infrastructure, short sea shipping or a high environmental performance, energy efficiency or carbon efficiency of transport operations. The criteria used for such a variation shall take into account external costs, be relevant, objective, transparent and non-discriminatory and in due respect of the competition rules. The resulting variation shall in particular be available to all relevant port service users on equal non-discriminatory terms.
Amendment 613 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The managing body of the port shall make available to the competent independent supervisory body and to the Commission, upon request, in a transparent manner 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.
Amendment 621 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The managing body of the port shall establish a committee of representatives of operators of waterborne vessels, cargo owners or other port users such as representatives from interconnected transport service operators 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’.
Amendment 631 #
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, port workers, and public administrations operating in the port area, inhabitants in and near to the port area and representatives of environmental non-governmental organisations on the following:
Amendment 633 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) the consequences of planning and of spatial planning decisions in terms of environmental performance;
Amendment 707 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Transposition Member States shall adopt and publish, by [two years after adoption] at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those measures from [two years after adoption].
Amendment 708 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 712 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3