23 Amendments of Dominique RIQUET related to 2013/0157(COD)
Amendment 117 #
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majority of Union maritime traffic transits through the seaports of the trans-European transport network. In order to achieve the aim of this Regulation in a proportionate way without imposing any unnecessary burden on other ports, this Regulation should apply to the ports of the trans-European transport network, each of which playing a significant role for the European transport system either because it handles more than 0.1% of the total EU freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas, without prejudice, however, to the possibility of Member States deciding to apply this Regulation to other ports as well. PHowever, ports whose total annual freight volume is greater than 0.1% of total annual freight transiting through all EU seaports should not be covered under this Regulation. Member States should be able to exclude seaports located in the outermost regions from the scope of this Regulation. Finally, pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this Regulation.
Amendment 138 #
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 concerning the professional qualifications of the operators, including in terms of training, and the equipment required and the availability of the service insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port service.
Amendment 141 #
Proposal for a regulation
Recital 14
Recital 14
(14) The recourse to public service obligations leading to a limitation inMember States should be able to impose public service obligations with regard to port services in order to limit 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 orand in the entire port area, the affordability of the port service to certain category of users, maritime safety and security and the environmental sustainability of port operations.
Amendment 189 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) In view of the public service that they provide, which is vital for the safety, security and protection of the environment, maritime pilots should not be subject to the application of Chapter II of this Regulation. For the same reasons, Member States should be able to exclude berthing services from the scope of this Chapter.
Amendment 220 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 225 #
Proposal for a regulation
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(f) mooring;
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. "mooring" means the services, land and maritime equipment and personnel for the berthing and un- berthing serviceoperations required for a waterborne vessel being anchored or otherwise fastened to the shore in the port or in the waterways access to the port infrastructures;
Amendment 251 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) moorberthing;
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. "port infrastructure charge" means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of facilities and services that allow vessels entry and exit in and out of the port, including the waterways giving access to those ports, as well as where these waterways are administered and managed by the port itself, access to the processing of passengers and cargo, and land connections with the port;
Amendment 258 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall apply to all seaports of the trans-European transport network, as defined in Annex I of Regulation XXX [regulation on the TEN- T Guidelines](EU) No 1316/2013 of the European Parliament and of the Council1a, provided that they meet the criteria laid down in Article 20(2)(b) of the aforementioned regulation. __________________ 1aRegulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).
Amendment 272 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. Member States may decide not to apply this Regulation to maritime ports of the comprehensive network located in the outermost regions referred to in Article 349 of the Treaty on the Functioning of the European Union. When Member States decide not to apply this Regulation to such maritime ports, they shall notify the Commission of this decision.
Amendment 278 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the equipment needed to provide the relevant port service in normal and safe conditions and theto any vessel which the port may receive, at all berths, in normal and safe conditions, in a continuous manner, and the technical and technical capacity to maintain this equipment at the appropriate level;
Amendment 284 #
Proposal for a regulation
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
2 a. “competent authority” means any public or private body which, on behalf of a local, regional or national level, is entitled to carry out under national law or instruments activities related to the organisation and supervision of port activities, in conjunction with or alternatively to the managing body of the port;
Amendment 296 #
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
6. "moorberthing" means the berthing and un- berthing services required for a waterborne vessel being anchored or otherwise fastened to the shoretechnical-nautical services required for the mooring, shifting or undocking of a vessel in the port or in the waterways access to the port;
Amendment 314 #
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 market of a given port do not enable multiple providers to provide quality port services in conditions which guarantee the security, continuity and quality of the service;
Amendment 335 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the availability of the service to all users and all berths;
Amendment 346 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the equipment needed to provide the relevant port service in normal and safe conditions and theto any vessel which the port may receive, at all berths, in normal and safe conditions, in a continuous manner, and the technical and financial capacity to maintain this equipment at the appropriate level;
Amendment 351 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(d a) the availability of the service to all users;
Amendment 354 #
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(d b) the availability of the service without interruption during the day, the night, the week and the year;
Amendment 431 #
Proposal for a regulation
Article 14 – paragraph 5
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, internationally recognised classifications of vessels and fuels according to which the infrastructure charges can vary.
Amendment 437 #
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, in the event of a formal complaint and upon request, make available to the body designated pursuant to Article 17 and to the Commission, upon request, the information referred to in paragraph 4 and the detailed costs and revenues,, which shall servinge 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 531 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter and the transitional provisions of Article 24 shall not apply to pilotage services and cargo handling services and passenger services.
Amendment 540 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The Member States may decide not to apply this Regulation to mooring services. When Member States decide not to apply this Regulation to such services, they shall notify the Commission of this decision.