37 Amendments of Georgios KOUMOUTSAKOS related to 2013/0157(COD)
Amendment 99 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Ports can contribute to the long term competitiveness of European industries in world markets while adding value and jobs in all EU coastal regions. In order to address the challenges facing the maritime transport sector, such as the inefficiencies in the sustainable transport and logistics chain, it is essential that the actions set out in the Commission's communication entitled 'Ports: an engine for growth' be implemented in tandem with this Regulation. The complexity of administrative procedures for customs clearance, resulting in delays in ports, represents a major obstacle to the competitiveness of short-sea shipping and the efficiency of Union ports.
Amendment 134 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Due to the significant variations in the size of ports, the economic capacity and the amount of space available for operations on the water also need to be taken into account when limiting the number of providers of port services. Moreover, it should be possible to limit access to the market so as to ensure safe, secure or environmentally sustainable port operations.
Amendment 145 #
Proposal for a regulation
Recital 18
Recital 18
(18) 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 such as pilots employed by the competent authority or commissioned by the competent authority. When such limitation is applied in all the TEN-T seaports 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 the independent supervisory bodyion.
Amendment 148 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Pilotage services have an important role to ensure maritime safety and contribute to the protection of the environment. Providers of pilotage services should keep a degree of independence from the port users when taking decisions affecting safety and environment. In this context, imposing limitations on the number of providers of pilotage services and the provision of these services by internal operators can be justified on the grounds of public service obligations.
Amendment 165 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) The Commission should clarify the notion of State aid with regard to the financing of port infrastructure, taking into consideration the non-commercial nature of public access and defence infrastructure.
Amendment 186 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure the proper and effective application of this Regulation, an independent supervisory body, which could be an already existing body, should be designated in every Member Statat an independent complaints mechanism is in place, one or more bodies providing independent supervision should be designated in every Member State. Already existing bodies, such as competition authorities, courts, ministries or departments within ministries not linked to the managing body of the port could be designated for this purpose.
Amendment 192 #
Proposal for a regulation
Recital 28
Recital 28
(28) The different bodies providing independent supervisory bodies should exchange information on their work and cooperate in order to ensure a uniform application of this Regulationion should cooperate with each other and exchange information on their work in cases concerning cross- border disputes and complaints.
Amendment 195 #
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 shipping, 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, 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 levreinforce 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 international classifications of vessels and fuels. 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 to the Council.
Amendment 200 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 219 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 242 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
3. ‘dredging’ means the removal of sand, sediment or other substances from the bottom of the waterway access to a port in order to allow waterborne vessel to have access to the port and comprises both the initial removal (capital dredging) and the maintenance dredging in order to keep the waterway accessible, and is not a port service offered to the users;
Amendment 283 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(d a) the compliance with social and labour legislation;
Amendment 296 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. In the cases provided for in paragraph 1, the minimum requirements referred to in paragraph 2 and the procedure for the granting of the right to provide port services under those requirements shall have beenbe published by the managing body of the port by 1 July 2015 or for3 years after the entry into force of this Regulation at the latest or, in the case of minimum requirements being applicable after that date at least three months before the date on which those requirements would become applicable. Providers of port services shall be informed in advance of any change in the criteria and of the procedure.
Amendment 305 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) the scarcity of waterside space where this constitutes an essential element of the ability to provide the port service concerned in a safe and efficient way;
Amendment 306 #
Proposal for a regulation
Article 6 – paragraph 1 – point a b (new)
Article 6 – paragraph 1 – point a b (new)
(ab) specific market constraints due to the economic capacity of the port;
Amendment 307 #
Proposal for a regulation
Article 6 – paragraph 1 – point a c (new)
Article 6 – paragraph 1 – point a c (new)
(ac) the need to ensure the provision of safe, secure or environmentally sustainable port operations;
Amendment 333 #
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, where appropriate on equal terms;
Amendment 338 #
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 port operations;
Amendment 340 #
Proposal for a regulation
Article 8 – paragraph 1 – point c b (new)
Article 8 – paragraph 1 – point c b (new)
(cb) the provision of adequate transport services to the public;
Amendment 355 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Pilotage Without prejudice to Article 6(1), Member States or managing bodies of a port may limit the number of providers of pilotage service on the ground of public service obligations, contributing to ensure maritime safety, security and protect the environment. Member States or managing bodies of a port may consider providers of pilotage service provided by agents commissioned by a competent authority which entrusted them with obligations of public services as internal operators for the purpose of this Regulation. In such cases, the paragraphs 1 to 5 of Article 7 shall not apply.
Amendment 363 #
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 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 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 386 #
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 or dredging, it shall keep the accounts of each port service activityublicly funded activity or investment, and of dredging separate from the accounts of its other activities, in such a way that :
Amendment 422 #
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 the port's economic strategy and commercial practices, relateding inter alia to frequent users, or in order to promote, among others, 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 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 term, while ensuring compliance with the State aid and competition rules.
Amendment 429 #
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 international classifications of vessels, fuels and types of operation and fuels according to which the infrastructure charges can vary and common charging principles for port infrastructure charges.
Amendment 466 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Independent supervisory bodyion
Amendment 471 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that an independent supervisory body monitors and superviseseffective mechanisms are in place to handle complaints arising from the application of this Regulation infor all the seaports covered by this Regulation on the territory of each Member State. To that end, the Member States shall designate one or several bodies to handle different types of complaints or cover different geographical areas.
Amendment 477 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The independent supervisory bodyion shall be carried out in a manner which is 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 anthat there is effective structural separation between the functions relating to the supervision and monitoring of this Regulationhandling of complaints and the activities associated with that ownership or control. The independent supervisory body shall exercise its powersion shall be impartially and transparently and withshall duely respect to the right to freely conduct business.
Amendment 482 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The independent supervisory body shall handle the complaints lodged byMember States shall ensure that any party with a legitimate interest andhas the disputes brought before iright to be, and is, informed about how to lodge a complaint arising in connection with the application of this Regulation.
Amendment 488 #
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 supervisory body of the Member State of the port where the dispute is presumed to have its origin shall have competence to resolve the dispute. The Member States concerned shall cooperate with each other and exchange information concerning their work.
Amendment 490 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. TheIn the event that a formal complaint is lodged by any party with a legitimate interest, the relevant body providing independent supervisory bodyion shall have the right to require managing bodies of the ports, providers of port services and port users to submit information needed to ensure monitoring and supervision of the application of this Regulation.
Amendment 493 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 498 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. TWhen dealing with complaints or disputes, the relevant body providing independent supervisory bodyion may consult those members of the port users' advisory committee of the port concerned when dealing withich are affected by the complaints or disputes.
Amendment 501 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
8. The decisions of the relevant body providing independent supervisory bodyion shall have binding effects, without prejudice to judicial review.
Amendment 505 #
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 bodiesmechanisms and procedures put in place to comply with paragraph 1 and 2 of this Article by 1 July 20158 at the latest and, subsequently, any modification thereof. The Commission shall publish and update the list of the relevant bodies providing independent supervisory bodiesion on its website.
Amendment 507 #
Proposal for a regulation
Article 17 – paragraph 9 a (new)
Article 17 – paragraph 9 a (new)
9a. The bodies providing independent supervision shall exchange information on their work and decision-making principles and practices to the extent necessary for the coherent application of this Regulation. The Commission shall support them in these tasks.
Amendment 510 #
Proposal for a regulation
Article 18
Article 18
Amendment 525 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 1 July 20153 years after the entry into force at the latest and shall notify it without delay of any subsequent amendment affecting them.