2013/0157(COD) Provision of port services and financial transparency of ports
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | TRAN |
FLECKENSTEIN Knut ( S&D)
|
VOZEMBERG-VRIONIDI Elissavet ( PPE),
VAN DALEN Peter ( ECR),
MEISSNER Gesine ( ALDE),
TAYLOR Keith ( Verts/ALE),
D'AMATO Rosa ( EFDD)
|
| Former Responsible Committee | TRAN | ||
| Committee Opinion | ECON | ||
| Committee Opinion | EMPL | ||
| Committee Opinion | IMCO | ||
| Committee Opinion | REGI | ||
| Former Committee Opinion | REGI | ||
| Former Committee Opinion | ECON | ||
| Former Committee Opinion | EMPL |
Georges BACH ( PPE)
|
|
| Former Committee Opinion | IMCO |
Lead committee dossier:
Legal Basis:
RoP 59-p4, TFEU 100-p2
Legal Basis:
RoP 59-p4, TFEU 100-p2Subjects
Events
2017/03/08
EC - Commission response to text adopted in plenary
Documents
2017/03/03
Final act published in Official Journal
Details
PURPOSE: to establish a framework on market access to port services and financial transparency of ports.
LEGISLATIVE ACT: Regulation (EU) 2017/352 of the European Parliament and of the Council establishing a framework for the provision of port services and common rules on the financial transparency of ports.
CONTENT: this Regulation establishes a framework for the provision of port services and common rules on financial transparency and on port service and port infrastructure charges.
Scope : this Regulation applies to all maritime ports of the trans-European transport network (as listed in Regulation (EU) No 1315/2013 of the European Parliament and of the Council) through which the overwhelming majority of Union maritime traffic transits.
Member States are given the possibility to decide whether or not to apply this Regulation to maritime ports of the comprehensive network located in the outermost regions.
As regards the different categories of port services, cargo-handling and passenger services will be subject to the rules of financial transparency, but shall be are excluded from the provisions on the provision of port services.
Member States may also decide to apply the rules for access to pilotage services. In such cases, they shall inform the Commission accordingly. The accounts for dredging should be kept separate from those for other activities.
Access to port services : the Regulation will create a more level playing field by establishing clear and fair conditions for access to the port services market throughout Europe.
In order to take account of the diversity of the port sector in Europe and the particular circumstances of the Member States, Member States and port management bodies may: (i) impose certain minimum requirements for the provision of port services, (ii) limit the number of service providers in a limited number of cases, or (iii) impose public service obligations.
Minimum requirements concern:
the professional qualifications of the provider of port services and their good repute; compliance with requirements on maritime safety or the safety and security of the port or access to it, its installations, equipment and workers and other persons; compliance with environmental requirements; compliance with obligations in the field of social and labour law that apply in the Member State of the port concerned.
The reasons to limit the number of providers of port services include :
the scarcity or reserved use of land or waterside space; the characteristics of the port infrastructure or the nature of the port traffic are such that the operations of multiple providers of port services in the port would not be possible.
Public service obligations may concern, for instance:
the safety, security or environmental sustainability; the provision of adequate transport services to the public.
Where the managing body of the port decides to limit the number of providers of a port service, it shall follow a selection procedure which shall be open to all interested parties, non-discriminatory and transparent .
Employees’ rights : the managing body of the port shall require the designated provider of port services to grant staff working conditions in accordance with applicable obligations in the field of social and labour law and to comply with social standards as set out in Union law, national law or collective agreements.
Financial transparency : the Regulation ensures transparency of port services and port infrastructure charges. Financial relations between maritime ports in receipt of public funds and providers of port services, on the one hand, and public authorities, on the other hand, shall be made transparent.
When the managing body of a port receives public funds, it shall keep the accounts separate from those for its other activities.
Member States shall ensure that a port infrastructure charge is levied . The Regulation stipulates that port infrastructure charges may vary, in accordance with the port’s own economic strategy and its spatial planning policy, in relation to, inter alia , certain categories of users.
The criteria for such a variation shall be transparent, objective and non-discriminatory , and shall be consistent with competition law, including rules on State aid.
Handling of complaints : each Member State shall ensure that an effective procedure is in place to handle complaints from its maritime ports covered by this Regulation.
ENTRY INTO FORCE: 23.3.2017.
The Regulation shall apply from 24.3.2019.
2017/02/15
CSL - Draft final act
Documents
2017/02/15
CSL - Final act signed
2017/01/23
EP/CSL - Act adopted by Council after Parliament's 1st reading
2017/01/23
EP - End of procedure in Parliament
2017/01/23
CSL - Council Meeting
2016/12/14
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 546 votes to 140, with 22 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports.
The issue had been sent back to the committee for review at its 8 March 2016 plenary session.
Parliament’s position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows:
Subject matter and scope : this Regulation establishes a framework for the provision of port services and common rules on financial transparency and on port service and port infrastructure charges.
This Regulation should give Member States the possibility to decide whether or not to apply this Regulation to maritime ports of the comprehensive network located in the outermost regions.
Parliament noted that the Regulation should:
in no way prejudice the rules in Member States governing the system of property ownership applicable to maritime ports, and should allow for different port structures in Member States; not impose a specific model for the management of maritime ports and does not affect in any way the competence of Member States to provide, in conformity with Union law, non-economic services of general interest.
Different port management models are possible , provided that the framework for the provision of port services and the common rules on financial transparency set out in this Regulation are respected.
Organisation of port services : access to the market for the provision of port services in maritime ports may, in accordance with this Regulation, be subject to: (i) minimum requirements for the provision of port services; (ii) limitations on the number of providers; (iii) public service obligations; (iv) restrictions related to internal operators.
Member States may decide by national law not to impose any of the conditions on one or more categories of port services.
The terms of access to the facilities, installations and equipment of the port shall be fair, reasonable and non-discriminatory.
The Chapter on the organisation of port services should not apply to the provision of cargo-handling, passenger services or pilotage .
Minimum requirements for the provision of port services : these requirements concern:
the availability of the relevant port service to all users, at all berths and without interruptions, day and night, throughout the year; compliance with requirements on maritime safety or the safety and security of the port or access to it, its installations, equipment and workers and other persons; compliance with obligations in the field of social and labour law that apply in the Member State of the port concerned, including the terms of applicable collective agreements, manning requirements and requirements relating to hours of work and hours of rest for seafarers, and with applicable rules on labour inspections; the good repute of the port service provider.
The minimum requirements shall be: (i) transparent, objective, non-discriminatory, proportionate, and relevant to the category and nature of the port service concerned; (ii) complied with until the right to provide a port service expires.
Procedure to ensure compliance with the minimum requirements : the managing body of the port, or the competent authority, shall grant or refuse the right to provide port services on the basis of the minimum requirements within a reasonable period , which in any event shall not exceed four months , from receiving a request for the granting of such a right and the necessary documents. Any such refusal shall be duly justified.
Limitations on the number of providers of port services : the managing body of the port, or the competent authority, may limit the number of providers of port services for a given port service for one or more of the following reasons:
the scarcity or reserved use of land or waterside space; the absence of such a limitation is obstructing the performance of public service obligations as well as the need to ensure safe, secure or environmentally sustainable port operations; the characteristics of the port infrastructure or the nature of the port traffic are such that the operations of multiple providers of port services in the port would not be possible; where it has been established that a port sector or sub-sector, together with its port services, within a Member State carries out an activity that is directly exposed to competition.
The procedure for choosing providers of port services and its result should be made public and should be non-discriminatory, transparent and open to all interested parties.
If the managing body of a port, or the competent authority, provides port services itself or through a legally distinct entity which it directly or indirectly controls, measures should be taken to avoid conflicts of interests and to ensure fair and transparent market access to port services when the number of providers of port services is limited.
Public service obligations : Member States may decide to impose public service obligations related to port services on providers of port services and may entrust the right to impose such obligations to the managing body of the port, or to the competent authority, in order to ensure at least one of the following:
the availability of the port service to all port users, at all berths, without interruption, day and night, throughout the year; the availability of the service to all users on equal terms; the affordability of the service for certain categories of users; the safety, security or environmental sustainability of port operations; the provision of adequate transport services to the public; and territorial cohesion.
Employees' rights : Parliament stated that the managing body of the port, or the competent authority, shall require the designated provider of port services to grant staff working conditions in accordance with applicable obligations in the field of social and labour law and to comply with social standards as set out in Union law, national law or collective agreements.
Parliament introduced a new Article stipulating that providers of port services shall ensure that employees receive the necessary training to acquire the knowledge which is essential for their work, with particular emphasis on health and safety aspects, and that training requirements are regularly updated to meet the challenges of technological innovation.
Financial transparency : Parliament specified where the managing body of a port in receipt of public funds provides port services or dredging itself, or another entity provides such services on its behalf, it shall keep the accounts for that publicly funded port service or dredging separate from those for its other activities.
Port infrastructure charges : the amended text stipulates port infrastructure charges may vary, in accordance with the port's own economic strategy and its spatial planning policy, in relation to, inter alia, certain categories of users. The criteria for such a variation shall be transparent, objective and non-discriminatory, and shall be consistent with competition law, including rules on State aid.
Consultation of port users and other stakeholders : the managing body of the port shall, in accordance with applicable national law, consult port users on its charging policy. Such consultation shall include any substantial changes to the port infrastructure charges and port service charges in cases where internal operators provide port services under public service obligations.
The providers of port services shall make available to port users adequate information about the nature and level of the port service charges.
The managing body of the port shall, in accordance with applicable national law, consult port users and other relevant stakeholders on essential matters within its competence regarding: (i) environmental matters; (ii) spatial planning; and (iii) measures to ensure safety in the port area, including, where appropriate, health and safety of port workers.
Handling of complaints : each Member State shall ensure that an effective procedure is in place to handle complaints arising from the application of this Regulation for its maritime ports covered by this Regulation. Member States shall ensure that there is effective functional separation between the handling of complaints, on the one hand, and the ownership and management of ports, provision of port services and port use, on the other hand.
Transitional measures : port service contracts concluded before the date of adoption of this Regulation which are not limited in time, or have similar effects, shall be amended in order to comply with this Regulation by 1 July 2025.
Documents
2016/12/12
EP - Debate in Parliament
Documents
2016/10/10
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2016/10/05
CSL - Coreper letter confirming interinstitutional agreement
Documents
2016/10/05
EP - Text agreed during interinstitutional negotiations
Documents
2016/03/08
EP - Results of vote in Parliament
Documents
2016/03/08
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted (by 451 votes to 243, with 18 abstentions) amendments to the proposal for a regulation of the European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports.
The matter has been referred back to the committee. The vote has been postponed to a subsequent sitting.
The main elements adopted in plenary are as follows:
Subject matter and scope : although the Commission proposal sought to establish a framework on market access to port services, Parliament proposed that the Regulation shall establish a clear framework for the organisation of port services which shall apply to all maritime ports of the trans-European transport network, listed in Annex II of Regulation (EU) No 1315/2013 of the European Parliament and the Council. Dredging is excluded from the list of services.
Parliament stated that this Regulation shall not impose a specific port management model to the managing bodies of ports . Provided that rules relating to market access and financial transparency are respected, existing port management models established at national level in the Member States can be maintained .
Organisation of port services : Chapter II of the Commission proposal (market access) as amended, now relates to the organisation of port services which may be subject to: (a) minimum requirements to port service providers; (b) limitations of the number of providers; (c) public service obligations; (d) internal operators; (e) free open access to the market of port services.
This Chapter, with the exception of provisions on training and labour protection and certain transitional provisions shall not apply to cargo handling services, passenger services and pilotage .
- Minimum requirements : these requirements shall relate to:
the availability of the port service to all users, at all berths and without interruptions day and night, throughout the year; the compliance with national social and labour legislation of the Member State of the port concerned , including the terms of collective bargaining agreements the good repute of the port service provider, as determined by the Member State.
- Limit the number of providers of port service : the list of reasons limiting the number of providers of port services shall include:
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; the inability of the characteristics of the port traffic; the need to ensure the provision of safe, secure or environmentally sustainable port operations .
Any limitation of providers for a port service shall follow a selection procedure, which shall be open to all interested parties, non-discriminatory and transparent .
When a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls, the Member State shall take necessary measures to avoid conflicts of interest .
- Public service obligations : Member States shall designate the competent authority within their territory, which may be the managing body of the port, entitled to implement public service obligations related to port services on providers in order to ensure at least one of the following:
the availability of the service to all users, where appropriate on equal terms ; the safety, security or environmental sustainability of ports operations; the provision of adequate transport services to the public and territorial cohesion.
- Workers’ rights : Parliament stipulated that the competent authority shall require the designated provider of port services to grant staff working conditions on the basis of binding national, regional or local social standards. The managing bodies of the port or the competent authority shall require all providers of port services to comply with all social and labour standards as set out in Union and/or national law, as well as applicable collective agreements in accordance with national customs and traditions. Furthermore, the Member States shall ensure the employees’ rights in the case of a transfer of undertakings or businesses.
Members introduced a new article obliging the employer to 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.
Financial transparency : Parliament noted that where the managing body of the port that receives public funds provides port services or dredging itself, it shall keep the accounts of that publicly funded activity or investment separate from the accounts of its other activities.
Port charging : the amended text stipulated that the port infrastructure charges may vary in accordance with the port's economic strategy and the port's spatial planning policy related, inter alia, to certain categories of users. The criteria used for such a variation shall be fair, non-discriminatory as to nationality and shall comply with State aid and competition rules.
The managing body of the port may set the charges autonomously according to their business strategy. To that end, Members restricted the Commission’s power for delegated acts to the classifications of vessels and fuels and types of operations according to which the infrastructure charges can vary and common charging principles for port infrastructure charges.
Consultation of port users and stakeholders : the managing body of the port shall ensure that adequate mechanisms for the consultation of port users, including relevant interconnected transport operators, are in place. It shall consult port users in the event of substantial changes to port infrastructure charges.
T he providers of port services shall provide port users with adequate information about the structure of port service charges and the criteria used to determine them.
The managing body of the port shall regularly consult the relevant stakeholders operating in the port area, where appropriate on the following: (i) the consequences of planning and of spatial planning decisions in terms of environmental performance; (ii) measures to ensure and improve safety in the port area, including health and safety of port workers and information on access to training of port workers.
Independent controls : the amended text stipulates that Member States shall ensure that effective mechanisms are in place to handle complaints for all the maritime ports covered by this Regulation on the territory of each Member State. To that end, the Member States shall designate one or more bodies and ensure that port users and other relevant stakeholders are informed of where and how to lodge a complaint.
Entry into force : Members proposed that the Regulation shall apply two years after the date of entry into force of the Regulation (rather than from 1 July 2015).
Documents
2016/03/08
EP - Matter referred back to the committee responsible
2016/03/07
EP - Debate in Parliament
Documents
2016/02/17
EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2016/02/16
EP - Committee report tabled for plenary, 1st reading
Documents
2016/01/25
EP - Vote in committee, 1st reading
2015/07/10
EP - Amendments tabled in committee
Documents
2015/07/02
EP - Amendments tabled in committee
Documents
2015/05/13
EP - Committee draft report
Documents
2014/10/20
EP - Committee referral announced in Parliament, 1st reading
2014/10/08
CSL - Debate in Council
Documents
2014/10/08
CSL - Council Meeting
2014/07/16
EP - FLECKENSTEIN Knut (S&D) appointed as rapporteur in TRAN
2014/06/05
CSL - Debate in Council
Details
The Council took note of the state of play regarding proposed new rules for market access to port services and financial transparency of ports, based on a progress report drawn up by the Presidency.
To recall, the examination by the Shipping Working Party began in October 2013, during the Lithuanian Presidency and continued under the Lithuanian Presidency.
The Committee on Transport and Tourism (TRAN), the responsible committee of the European Parliament, has appointed Mr Knut Fleckenstein (S&D-Germany) as rapporteur for the proposal. The rapporteur submitted his draft report on 11 November 2013. However, due to lack of time and to the fact that several key questions remained open, TRAN decided not to vote on the report before the elections to the European Parliament.
It should be noted that seven national parliaments submitted a reasoned opinion on the proposal (Belgium, Spain, France, Latvia, Malta, Poland and Sweden).
The majority of Member States supports the general objectives of the proposal. However, they express concerns with regard to both the substance of the Directive and the choice of legal instrument, the majority of delegations prefer a Directive, considering that "soft law", e.g. guidelines, would suffice, in place of a Regulation.
The concerns expressed by delegations relate to, among other things, the scope of the Regulation, so far as it concerns both the services and the ports subject to the Regulation.
Scope for the provision of services : many Member States have proposed additional exclusions of port services, first and foremost of services related to safety aspects (pilotage) and to port infrastructure (dredging). It has been suggested that either only seaports which are part of the core network (i.e. mostly larger ports) be included in the scope or any TEN
-T seaport that receive public funds.
Procedures : most Member States would like to see simpler, more coherent and less cumbersome procedures throughout the proposal. Many delegations have called for:
more flexibility as regards the procedural framework when ensuring compliance with the minimum requirements for the provision of port services; more flexibility with regard to limiting the number of service providers. For the limitation of the number of port services it has been asked to add considerations for safety, security and environmental sustainability.
Consulting the port users and supervision : Member States support the principle of consulting the port users and relevant stakeholders, but they believe it should be left to the ports or to the Member States to decide on the nature and timing of this consultation.
With regard to the national independent supervisory bodies, the majority of Member States expressed concerns about the risk of creating additional administrative burdens and about the functioning of the supervision mechanism.
Port infrastructure charges : several Member States expressed concerns as regards the impact of the proposed regulation on the autonomy and commercial freedom of ports. A broad majority of Member States is against the proposed right of the Commission to harmonise port infrastructure charges through delegated acts.
State aid : some Member States have pointed out that it is important to clarify the State aid regime in ports. Furthermore, the proposal should be read and re-evaluated in conjunction with the new concessions Directive
Finally, it should be noted that several Member States have referred to the draft report by the EP rapporteur as containing improvements of several aspects of the proposal.
Documents
2014/06/05
CSL - Council Meeting
2013/11/28
CofR - Committee of the Regions: opinion
Documents
2013/09/29
DE_BUNDESRAT - Contribution
Documents
2013/07/24
PT_PARLIAMENT - Contribution
Documents
2013/07/23
PL_SENATE - Contribution
Documents
2013/07/11
ESC - Economic and Social Committee: opinion, report
Documents
2013/06/10
EP - Committee referral announced in Parliament, 1st reading
2013/05/23
EC - Document attached to the procedure
Details
This communication reviews European Ports Policy and builds on the progress achieved. It accompanies and supplements a proposal for a Regulation of the European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports. This revised European Ports Policy covers the trans-European transport network seaports, which account for 96% of freight and 93% of passengers transiting through ports in the Union.
According to the Commission, ports can contribute significantly to the economic recovery and long term competitiveness of European industries in world markets while adding value and jobs in all EU coastal regions. Ports will have a key role to play in the development of an efficient and sustainable trans-European network by diversifying transport choices and contributing to multimodal transport.
Nevertheless, today, European Ports Policy finds itself at a crossroads. While some European ports perform well, structural problems regarding the insufficient connectivity to the hinterland, the lack of transparency in the use of public funds, market entry barriers, outdated governance models and excessive bureaucracy affect the performance of many other ports.
With a view to addressing these long-standing problems, the communication identifies a set of EU actions needed to further unlock the potential of ports.
1. Connect ports to the trans-European network:
in the governance of corridors which will be set-up in the framework of guidelines for the development of the TEN-T, ports will be encouraged to act as enablers of inter-modality; in partnership with the Member States, the Commission will strengthen the alignment of transport projects funded under the Structural and Cohesion Funds with the TEN-T, promoting priority to projects concerning port access and hinterland connections.
2. Modernise port services:
for cargo-handling and passenger terminal concessions, the Commission will ensure that the horizontal Directives on Concessions (soon to be adopted) and Public Contracts are effectively applied; the future Regulation on the access of third-country goods and services to the Union’s internal market in public procurement proposed by the Commission in 2012 will be used as a lever to facilitate the negotiation of reciprocal access to non-EU markets for EU-based global players; the Regulation proposed in parallel to this Communication introduces common rules to ensure supervision by an independent authority of the port service charges levied by operators which have exclusive rights and which have not been designated through a procedure which is transparent and non-discriminatory; the Commission will present new initiatives aiming to further simplify administrative procedures in ports, in particular customs procedures; initiatives such as the “Blue Belt”, the “e-maritime” initiative and “e-freight” should be further developed or complemented.
3. Attract investment to ports:
action will focus on the transparency of public funding in ports, the clarification of state aid rules, and the increase efficiency of port infrastructure charges, it is also necessary to enhance cooperation with neighbouring countries, in order to achieve a sustainable transport system benefiting all EU partners based on the core principles of fair competition, transparent use of public funds and fiscal instruments and respect of social and environmental standards.
4. Promote Social Dialogue:
the Commission will facilitate the Social Dialogue at Union level by providing technical and administrative support, and a review will be carried out in 2016 that will assess the functioning and progress of the European Social Dialogue for the ports sector ; under the 7th RTD framework programme for transport, the Commission will launch before the end of 2013 a concerted action project to examine health and safety, training and qualification challenges in EU ports.
5. Raise the environmental profile of ports:
to encourage a more consistent application of environmentally differentiated port infrastructure charges, the Commission will propose principles for environmental charging and promote the exchange of good practices by 2015; the Commission is planning a review of the Directive on port reception facilities in 2013/2014 with the view to further improving the effectiveness and efficiency of the system.
6. Encourage innovation: the competitiveness of European ports will depend on their ability to innovate in terms of technology, organisation and management. Their critical roles as multi-modal hubs require innovative and efficient ways of cross-modal connections and use of management tools in order to further increase their attractiveness. In the context of the implementation of the Horizon 2020 programme to support research, development and innovation from 2014 to 2020, the Commission will propose priority tasks where EU support could be envisaged.
Follow-up: the Commission will check progress against delivery of the policy objectives defined in this Communication, notably progress in developing multimodal connections to the port hinterland, modernising port services and attracting investments.
Documents
2013/05/23
EC - Document attached to the procedure
Documents
2013/05/23
EC - Document attached to the procedure
Documents
2013/05/23
EC - Document attached to the procedure
Documents
2013/05/23
EC - Legislative proposal published
Details
PURPOSE: to establish a framework on market access to port services and financial transparency of ports.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: there are more 1200 sea ports in Europe. Port activities represent up to 3 million (direct and indirect) jobs in the 22 maritime Member States. 96% of all freight and 93% of all passengers through the EU ports transit through the 319 seaports identified in the Commission's proposal for Guidelines on the trans-European transport network (TEN-T) .
While the need to develop hinterland connections is well identified as a key challenge and already addressed through the TEN-T policy, other key challenges for TEN-T ports remain unresolved. First, there is the fact that today not all TEN-T ports are offering the same high-level service. Second, the current port governance framework is not in all cases attractive enough for investors.
The objective is to contribute to the goal of a more efficient, interconnected and sustainable functioning of the TEN-T by creating a framework which improves the performance of all ports and helps them to cope with changes in transport and logistics requirements. The proposal fits within the policy announced by the Commission in the White Paper on Transport (2011) . It complements other initiatives, such as the proposal for a Directive on the awards of concession contracts which applies to concession contracts in ports.
In the Communication on the “Single Market Act II: Together for new growth” , the Commission recalled that the attractiveness of maritime transport is dependent on the availability, efficiency and reliability of port services and the necessity of addressing questions regarding the transparency of public funding and port charges, administrative simplification efforts in ports and reviewing restrictions on the provision of services at ports.
IMPACT ASSESSMENT: the impact assessment identified five operational objectives related to the two main challenges :
1. Modernise port services and operations: (i) clarify and facilitate access to the port services market; (ii) prevent market abuse by designated port service providers; and (iii) improve coordination mechanisms within ports.
2. Create framework conditions to attract investments in ports: (i) make the financial relations between public authorities, port authorities and providers of port services transparent; and (ii) ensure autonomously set and transparent port infrastructure charges.
The preferred option is that of regulated competition and port autonomy.
The impact assessment highlights the potential benefits in terms of costs savings (EUR 10 billion up to 2030), the development of short sea shipping and reduction of road congestion and creation of jobs.
LEGAL BASIS: Article 100 (2) of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: the proposed Regulation seeks to establish: (a) a clear a clear framework for access to the market of port services; and (b) common rules on the financial transparency and charges to be applied by managing bodies or providers of port services.
Scope: the Regulation shall apply to all seaports listed in the Commission’s proposal for a Regulation on the trans-European Transport Network Guidelines.
Freedom to provide services: the freedom to provide services will be applicable to port services. However, managing bodies of a port may impose minimum requirements on the providers of specific port services. When imposed, these requirements shall only relate to professional qualifications, the necessary equipment or maritime safety, general safety and security in the port and relevant environmental requirements.
These requirements should not be used as a way of implicitly introducing market barriers and therefore the criteria should be objective and proportionate ensuring a fair treatment of all operators, existing and potential ones. Potential operators should have access to training to acquire relevant specific local knowledge.
The above mentioned provision will not be imposed to cargo handling services and passengers terminals . These services are often organised by means of concession contracts falling in the scope of the future Directive on the award of concession contracts proposed by the Commission.
Limitation on the number of service providers: where relevant, the stated freedom to provide services could be subjected to a limitation of the number of service providers. This restriction should be based on two elements: (i) either in the case of space constraints or reservation which, if clearly documented in a formal port development plan, can justify limiting the number of operators active in the port perimeter or (ii) in the case of a public service obligation imposed on an operator and for which the intention should be clear and publicly available.
Public service obligations: a Member State should have the possibility to designate authorities competent to impose public service obligation, in line with the applicable State aid rules. The obligations of public services must be clearly defined transparent, non-discriminatory and verifiable and must relate to the availability (no-interruption), the accessibility (to all users) or the affordability (of certain categories of users) of the port service.
In the case of public service obligations being imposed by a competent authority in a port or in several ports such an authority will have the opportunity to organise and commercially exploit specific port services itself under the condition that its activity remains confined to the port or ports where it imposes public service obligations.
Employees’ rights: employees' rights should be safeguarded and the Member States should have the option to further strengthen these rights in the event of a transfer of undertakings and the relevant staff working for the old undertaking.
Regulated competition: where managing bodies of the port benefit from public funds, there shall be a transparent accounting in order to show the effective and appropriate use of these public funds.
Where designated port service providers have not been subject to an open public tendering procedure and in the case of internal operators, it should be ensured that the price for the service is transparent, non-discriminatory and that it is set according to normal market conditions, in particular in such way that the total charges do not exceed the total incurred costs and a reasonable profit.
Transparent port infrastructure charges: managing bodies of the port shall define the port infrastructure charges in an autonomous way and according to its own commercial and investment strategy.
The port infrastructure charges may be varied in accordance to commercial practices related to the frequent use of the port 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.
Advisory committee: a port users' advisory committee should be set up in every port. This committee would bring together representatives of operators of waterborne vessels, cargo owners or other port users which are requested to pay a port infrastructure charge or port service charge. This committee should be consulted on the structure and the level of the port infrastructure charges and, in certain cases, the port service charges.
Consultation of stakeholders: the managing body of the port shall consult stakeholders such as undertakings established in the ports, providers of port services, and port users on issues like the coordination of port services, hinterland connections or administrative procedures.
Monitoring and supervision: Member States shall ensure that an independent supervisory body monitors and supervises the application of this Regulation. It can be an existing body. The different national independent supervisory bodies shall exchange information about their work and decision-making principles and shall cooperate closely for the purpose of mutual assistance in their tasks.
BUDGETARY IMPACT: the proposal has no impact on the budget of the European Union.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
Documents
Documents
- Commission response to text adopted in plenary: SP(2017)131
- Final act published in Official Journal: Regulation 2017/352
- Final act published in Official Journal: OJ L 057 03.03.2017, p. 0001
- Draft final act: 00041/2016/LEX
- Decision by Parliament, 1st reading: T8-0499/2016
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE610.787
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2016)010793
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2016)010793
- Text agreed during interinstitutional negotiations: PE610.787
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0069/2016
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A8-0023/2016
- Committee report tabled for plenary, 1st reading: A8-0023/2016
- Amendments tabled in committee: PE560.894
- Amendments tabled in committee: PE557.328
- Committee draft report: PE557.153
- Debate in Council: 3335
- Debate in Council: 3318
- Committee of the Regions: opinion: CDR3610/2013
- Contribution: COM(2013)0296
- Contribution: COM(2013)0296
- Contribution: COM(2013)0296
- Economic and Social Committee: opinion, report: CES4030/2013
- Document attached to the procedure: COM(2013)0295
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0181
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0182
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2013)0183
- Legislative proposal published: COM(2013)0296
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: COM(2013)0295 EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2013)0181
- Document attached to the procedure: EUR-Lex SWD(2013)0182
- Document attached to the procedure: EUR-Lex SWD(2013)0183
- Economic and Social Committee: opinion, report: CES4030/2013
- Committee of the Regions: opinion: CDR3610/2013
- Committee draft report: PE557.153
- Amendments tabled in committee: PE557.328
- Amendments tabled in committee: PE560.894
- Committee report tabled for plenary, 1st reading/single reading: A8-0023/2016
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2016)010793
- Text agreed during interinstitutional negotiations: PE610.787
- Draft final act: 00041/2016/LEX
- Commission response to text adopted in plenary: SP(2017)131
- Contribution: COM(2013)0296
- Contribution: COM(2013)0296
- Contribution: COM(2013)0296
Activities
- Knut FLECKENSTEIN
Plenary Speeches (6)
- 2016/11/22 Market access to port services and financial transparency of ports (debate) DE
- 2016/11/22 Market access to port services and financial transparency of ports (debate) DE
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) (vote) DE
- 2016/11/22 Market access to port services and financial transparency of ports (debate) DE
- 2016/11/22 Market access to port services and financial transparency of ports (debate) DE
- 2016/11/22 Market access to port services and financial transparency of ports (debate) DE
- Lucy ANDERSON
Plenary Speeches (4)
- 2016/11/22 Market access to port services and financial transparency of ports (debate)
- 2016/11/22 Market access to port services and financial transparency of ports (debate)
- 2016/11/22 Market access to port services and financial transparency of ports (debate)
- 2016/11/22 Market access to port services and financial transparency of ports (debate)
- Martin SCHULZ
Plenary Speeches (4)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) (vote)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) (vote) DE
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) (vote) DE
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) (vote) DE
- Jill SEYMOUR
Plenary Speeches (4)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
- 2016/11/22 Market access to port services and financial transparency of ports (debate)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
- 2016/11/22 Market access to port services and financial transparency of ports (debate)
- Pavel TELIČKA
Plenary Speeches (4)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
- 2016/11/22 Market access to port services and financial transparency of ports (debate)
- 2016/11/22 Market access to port services and financial transparency of ports (debate)
- Marie-Christine ARNAUTU
Plenary Speeches (3)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) FR
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) FR
- 2016/11/22 Market access to port services and financial transparency of ports (debate) FR
- Jonathan ARNOTT
Plenary Speeches (3)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
- 2016/11/22 Market access to port services and financial transparency of ports (debate)
- Inés AYALA SENDER
Plenary Speeches (3)
- James CARVER
Plenary Speeches (3)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) (vote)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
- Nicola CAPUTO
Plenary Speeches (3)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) IT
- 2016/11/22 Market access to port services and financial transparency of ports (debate) IT
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) IT
- Tania GONZÁLEZ PEÑAS
Plenary Speeches (3)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) ES
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) ES
- 2016/11/22 Market access to port services and financial transparency of ports (debate) ES
- Paloma LÓPEZ BERMEJO
Plenary Speeches (3)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) ES
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) ES
- 2016/11/22 Market access to port services and financial transparency of ports (debate) ES
- Notis MARIAS
Plenary Speeches (3)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) EL
- 2016/11/22 Market access to port services and financial transparency of ports (debate) EL
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) EL
- Gesine MEISSNER
- Christine REVAULT D'ALLONNES BONNEFOY
Plenary Speeches (3)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) FR
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) FR
- 2016/11/22 Market access to port services and financial transparency of ports (debate) FR
- Claude ROLIN
Plenary Speeches (3)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) FR
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) FR
- 2016/11/22 Market access to port services and financial transparency of ports (debate) FR
- Igor ŠOLTES
Plenary Speeches (3)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) SL
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) SL
- 2016/11/22 Market access to port services and financial transparency of ports (debate) SL
- Tibor SZANYI
Plenary Speeches (3)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) HU
- 2016/11/22 Market access to port services and financial transparency of ports (debate) HU
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) HU
- Ramon TREMOSA i BALCELLS
Plenary Speeches (3)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
- 2016/11/22 Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
- 2016/11/22 Market access to port services and financial transparency of ports (debate)
- Tim AKER
- Marina ALBIOL GUZMÁN
- Jean ARTHUIS
- Amjad BASHIR
- Zigmantas BALČYTIS
- Xabier BENITO ZILUAGA
- Renata BRIANO
- Steeve BRIOIS
- Alberto CIRIO
- Jane COLLINS
- Andi CRISTEA
- Javier COUSO PERMUY
- Edward CZESAK
- Michel DANTIN
- Rachida DATI
- Marielle DE SARNEZ
- Mireille D'ORNANO
- Georgios EPITIDEIOS
- Edouard FERRAND
- Lorenzo FONTANA
- Ashley FOX
- Doru-Claudian FRUNZULICĂ
- Ildikó GÁLL-PELCZ
- Françoise GROSSETÊTE
- Takis HADJIGEORGIOU
- Marian HARKIN
- Mike HOOKEM
- Cătălin Sorin IVAN
- Diane JAMES
- Marc JOULAUD
- Ivan JAKOVČIĆ
- Barbara KAPPEL
- Afzal KHAN
- Giovanni LA VIA
- Monica MACOVEI
- Ivana MALETIĆ
- Jiří MAŠTÁLKA
- Dominique MARTIN
- Jean-Luc MÉLENCHON
- Louis MICHEL
- Bernard MONOT
- Marlene MIZZI
- Sophie MONTEL
- Franz OBERMAYR
- Marijana PETIR
- Miroslav POCHE
- Franck PROUST
- Julia REID
- Liliana RODRIGUES
- Maria Lidia SENRA RODRÍGUEZ
- Siôn SIMON
- Monika SMOLKOVÁ
- Davor ŠKRLEC
- Bart STAES
- Patricija ŠULIN
- Neoklis SYLIKIOTIS
- Keith TAYLOR
Plenary Speeches (2)
- Claudia ȚAPARDEL
- Isabelle THOMAS
- Mylène TROSZCZYNSKI
- Derek VAUGHAN
- Miguel VIEGAS
- Janusz ZEMKE
Plenary Speeches (2)
- Bendt BENDTSEN
Plenary Speeches (1)
- Ivo BELET
Plenary Speeches (1)
- Beatriz BECERRA BASTERRECHEA
Plenary Speeches (1)
- Hugues BAYET
Plenary Speeches (1)
- Joëlle BERGERON
Plenary Speeches (1)
- José BLANCO LÓPEZ
Plenary Speeches (1)
- Marie-Christine BOUTONNET
Plenary Speeches (1)
- Gianluca BUONANNO
Plenary Speeches (1)
- Soledad CABEZÓN RUIZ
Plenary Speeches (1)
- Wim van de CAMP
Plenary Speeches (1)
- Alain CADEC
Plenary Speeches (1)
- David COBURN
Plenary Speeches (1)
- Birgit COLLIN-LANGEN
Plenary Speeches (1)
- Therese COMODINI CACHIA
Plenary Speeches (1)
- Pál CSÁKY
Plenary Speeches (1)
- Daniel DALTON
Plenary Speeches (1)
- William (The Earl of) DARTMOUTH
Plenary Speeches (1)
- Isabella DE MONTE
Plenary Speeches (1)
- Norbert ERDŐS
Plenary Speeches (1)
- Jacqueline FOSTER
Plenary Speeches (1)
- Eugen FREUND
Plenary Speeches (1)
- Francisco de Paula GAMBUS MILLET
Plenary Speeches (1)
- Elena GENTILE
Plenary Speeches (1)
- Arne GERICKE
Plenary Speeches (1)
- Adam GIEREK
Plenary Speeches (1)
- Julie GIRLING
Plenary Speeches (1)
- Michela GIUFFRIDA
Plenary Speeches (1)
- Bruno GOLLNISCH
Plenary Speeches (1)
- Karoline GRASWANDER-HAINZ
Plenary Speeches (1)
- Luis de GRANDES PASCUAL
Plenary Speeches (1)
- Antanas GUOGA
Plenary Speeches (1)
- Sergio GUTIÉRREZ PRIETO
Plenary Speeches (1)
- Brian HAYES
Plenary Speeches (1)
- Hans-Olaf HENKEL
Plenary Speeches (1)
- Richard HOWITT
Plenary Speeches (1)
- Ian HUDGHTON
Plenary Speeches (1)
- Krišjānis KARIŅŠ
Plenary Speeches (1)
- Philippe JUVIN
Plenary Speeches (1)
- Dieter-Lebrecht KOCH
Plenary Speeches (1)
- Bernd KÖLMEL
Plenary Speeches (1)
- Constance LE GRIP
Plenary Speeches (1)
- Patrick LE HYARIC
Plenary Speeches (1)
- Marine LE PEN
Plenary Speeches (1)
- Bernd LUCKE
Plenary Speeches (1)
- Louis-Joseph MANSCOUR
Plenary Speeches (1)
- Vladimír MAŇKA
Plenary Speeches (1)
- Andrejs MAMIKINS
Plenary Speeches (1)
- Alex MAYER
Plenary Speeches (1)
- David MARTIN
Plenary Speeches (1)
- Miroslav MIKOLÁŠIK
Plenary Speeches (1)
- József NAGY
Plenary Speeches (1)
- Norica NICOLAI
Plenary Speeches (1)
- Liadh NÍ RIADA
Plenary Speeches (1)
- Rolandas PAKSAS
Plenary Speeches (1)
- Margot PARKER
Plenary Speeches (1)
- Alojz PETERLE
Plenary Speeches (1)
- Florian PHILIPPOT
Plenary Speeches (1)
- Andrej PLENKOVIĆ
Plenary Speeches (1)
- Salvatore Domenico POGLIESE
Plenary Speeches (1)
- Sofia RIBEIRO
Plenary Speeches (1)
- Fernando RUAS
Plenary Speeches (1)
- Lola SÁNCHEZ CALDENTEY
Plenary Speeches (1)
- Ricardo SERRÃO SANTOS
Plenary Speeches (1)
- Joachim STARBATTY
Plenary Speeches (1)
- Helga STEVENS
Plenary Speeches (1)
- Catherine STIHLER
Plenary Speeches (1)
- Beatrix von STORCH
Plenary Speeches (1)
- Kay SWINBURNE
Plenary Speeches (1)
- Eleftherios SYNADINOS
Plenary Speeches (1)
- Adam SZEJNFELD
Plenary Speeches (1)
- Dubravka ŠUICA
Plenary Speeches (1)
- Hannu TAKKULA
Plenary Speeches (1)
- Indrek TARAND
Plenary Speeches (1)
- Ivica TOLIĆ
Plenary Speeches (1)
- Ulrike TREBESIUS
Plenary Speeches (1)
- Elena VALENCIANO
Plenary Speeches (1)
- Ángela VALLINA
Plenary Speeches (1)
- Marie-Christine VERGIAT
Plenary Speeches (1)
- Lieve WIERINCK
Plenary Speeches (1)
- Sotirios ZARIANOPOULOS
Plenary Speeches (1)
- Jana ŽITŇANSKÁ
Plenary Speeches (1)
Votes
A8-0023/2016 - Knut Fleckenstein - Am 148 #
2016/03/08 Outcome: -: 454, +: 243, 0: 12
ENF
NI
GUE/NGLA8-0023/2016 - Knut Fleckenstein - Am 41 #
2016/03/08 Outcome: +: 524, -: 180, 0: 3
A8-0023/2016 - Knut Fleckenstein - Am 146 #
2016/03/08 Outcome: -: 484, +: 222, 0: 4
A8-0023/2016 - Knut Fleckenstein - Am 139 #
2016/03/08 Outcome: -: 513, +: 194, 0: 3
A8-0023/2016 - Knut Fleckenstein - Am 150 #
2016/03/08 Outcome: -: 613, +: 94, 0: 5
A8-0023/2016 - Knut Fleckenstein - Am 137 #
2016/03/08 Outcome: -: 609, +: 91, 0: 6
A8-0023/2016 - Knut Fleckenstein - Am 142 #
2016/03/08 Outcome: -: 545, +: 150, 0: 18
A8-0023/2016 - Knut Fleckenstein - Am 154 #
2016/03/08 Outcome: -: 569, +: 136, 0: 7
A8-0023/2016 - Knut Fleckenstein - Am 151 #
2016/03/08 Outcome: -: 569, +: 132, 0: 10
A8-0023/2016 - Knut Fleckenstein - Am 152 #
2016/03/08 Outcome: -: 562, +: 140, 0: 3
A8-0023/2016 - Knut Fleckenstein - Am 143=147 #
2016/03/08 Outcome: -: 484, +: 170, 0: 55
A8-0023/2016 - Knut Fleckenstein - Am 156 #
2016/03/08 Outcome: -: 524, +: 153, 0: 34
A8-0023/2016 - Knut Fleckenstein - Am 149 #
2016/03/08 Outcome: -: 569, +: 138, 0: 4
A8-0023/2016 - Knut Fleckenstein - Proposition modifiée #
2016/03/08 Outcome: +: 451, -: 243, 0: 18
A8-0023/2016 - Knut Fleckenstein - Report du vote #
2016/03/08 Outcome: +: 506, -: 144, 0: 56
A8-0023/2016 - Knut Fleckenstein - Résolution législative #
2016/12/14 Outcome: +: 546, -: 140, 0: 22
| Amendments | Dossier |
| 1307 |
2013/0157(COD)
2013/11/21
EMPL
74 amendments...
Amendment 10 #
Proposal for a regulation Recital 7 a (new) (7a) Each service provider and especially new market entrants should demonstrate their ability to serve a minimum number of vessels with their own staff and equipment. All must comply with the relevant provisions and rules including applicable labour laws, applicable collective agreements and quality requirements of the ports.
Amendment 11 #
Proposal for a regulation Recital 9 a (new) (9a) The significant variations in the economic capacity, the size of ports, and the amount of space available for operations on the water 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 12 #
Proposal for a regulation Recital 13 (13) The
Amendment 13 #
Proposal for a regulation Recital 14 (14) The recourse to public service obligations leading to a limitation in the number of providers of a port service should
Amendment 14 #
Proposal for a regulation 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, and safe, secure, environmentally and socially sustainable port operations.
Amendment 15 #
Proposal for a regulation Recital 19 (19) Member States
Amendment 16 #
Proposal for a regulation Recital 19 (19) Member States should retain the power to ensure an adequate level of social protection for the staff of undertakings providing port services. This Regulation shall not affect the application of the social and labour rules of the Member States. In
Amendment 17 #
Proposal for a regulation 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. 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,
Amendment 18 #
Proposal for a regulation 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 it shall fully respect 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 19 #
Proposal for a regulation Recital 19 a (new) (19a) European Union trade policy should help to reduce poverty worldwide by promoting improved working conditions, health and safety at work and fundamental rights. Public contracts should not be awarded to economic operators that have participated in a criminal organisation, in exploitation of human trafficking and child labour.
Amendment 20 #
Proposal for a regulation Recital 20 (20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of public concession contracts. This type of contracts will be covered by the Directive ..../…[concessions]. Consequently, Chapter II of this Regulation should not apply to the provision of cargo-handling and passenger
Amendment 21 #
Proposal for a regulation Recital 20 a (new) (20a) According to Resolution A.960 of the International Maritime Organization (IMO), each pilotage area needs highly specialised experience and local knowledge on the part of the pilot. Given that the IMO recognises the appropriateness of regional or local administration of pilotage, pilotage should be exempt from the market access provisions laid down in Chapter II of this Regulation.
Amendment 22 #
Proposal for a regulation Recital 22 a (new) (22a) 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. This includes infrastructure for rail and road land access connections to the national transport system, infrastructure necessary for utilities in the port area, and all infrastructure that allows access to a port area, including maritime access, navigable channels and defence works. These types of infrastructure should be accessible to all potential users on equal and non-discriminatory terms and fall within the State's responsibility to meet the general needs of the population.
Amendment 23 #
Proposal for a regulation Recital 29 (29) In order to
Amendment 24 #
Proposal for a regulation Recital 31 a (new) (31a) Port labour relations have a large influence on the working of the ports. Therefore the sectoral Social Dialogue Committee for ports gives the social partners a framework to establish results regarding working conditions, such as health and safety, training and qualifications, EU policy on low sulphur fuels, attractiveness of the sector to young workers and female workers. The Commission should facilitate the negotiations and monitor them closely.
Amendment 25 #
Proposal for a regulation Recital 31 a (new) (31a) Port labour relations have a large influence on the working of the ports. Therefore the sectoral Social Dialogue Committee for ports gives the social partners a framework to establish results regarding work organisation and working conditions, health and safety, training and qualifications, EU policy on low sulphur fuels, improving diversity by increasing attractiveness of the sector to underrepresented groups such as young workers and female workers. The Commission should facilitate the negotiations, support and monitor them closely. If no clear agreement is reached by 2016, the Commission should consider whether it is appropriate to come forward with a legal proposal.
Amendment 26 #
Proposal for a regulation Recital 32 a (new) (32a) Many of the positions adopted by national parliaments acting in accordance with Protocol No 2 on the application of the principles of subsidiarity and proportionality annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union consider the text proposed by the Commission to be contrary to the subsidiarity principle because the Commission fails to show that the establishment of a single European status for ports would make it possible to attain more effectively the development objectives of the internal market, as it does not prove that there would be a scale impact and does not clearly and precisely define the anticipated effects.
Amendment 32 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 1. "bunkering" means the provision of solid, liquid or gaseous fuel or any other energy source used for the propulsion of the waterborne vessel as well as for general and specific energy provision on board of the waterborne vessel
Amendment 33 #
Proposal for a regulation Article 2 – paragraph 1 – 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, lashing, unlashing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 34 #
Proposal for a regulation Article 2 – paragraph 1 – point 14 14. "public service obligation" means a
Amendment 35 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 a (new) 18a. "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 36 #
Proposal for a regulation Article 4 – paragraph 1 1. The managing body of the port
Amendment 37 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. The minimum requirements provided for in paragraph 1 may
Amendment 38 #
Proposal for a regulation Article 4 – paragraph 2 – point a (a) the professional qualifications of the port service provider, its personnel or the natural persons who effectively
Amendment 39 #
Proposal for a regulation 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 40 #
Proposal for a regulation 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, workers and persons;
Amendment 41 #
Proposal for a regulation 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 42 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (da) the good repute of the applicant regarding respect of social and labour rights, including the application of laws and agreement to protect health and safety.
Amendment 43 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (da) the compliance with social and labour legislation.
Amendment 44 #
Proposal for a regulation 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 must not be used implicitly to introduce market barriers.
Amendment 45 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 2 (new) Amendment 46 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) the need to ensure the provision of safe, secure, environmentally and socially sustainable port operations.
Amendment 47 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 48 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 49 #
Proposal for a regulation Article 7 – paragraph 5 Amendment 50 #
Proposal for a regulation Article 7 – paragraph 6 6. Paragraphs 1 to
Amendment 51 #
Proposal for a regulation Article 7 – paragraph 7 7.
Amendment 52 #
Proposal for a regulation Article 8 – paragraph 1 – point a (a) the availability and quality of the service without interruption during the day, the night, the week and the year;
Amendment 53 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) the safety, security or environmental sustainability of port operations.
Amendment 54 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) town and country planning.
Amendment 55 #
Proposal for a regulation Article 8 – paragraph 6 Amendment 56 #
Proposal for a regulation 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, while fully respecting Article 28 of the Charter of Fundamental Rights of the European Union. 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 57 #
Proposal for a regulation Article 10 – paragraph 1 1. This Regulation shall not affect the application of the social and labour rules
Amendment 58 #
Proposal for a regulation Article 10 – paragraph 1 1. This Regulation shall not affect the application of the current or future social and labour rules of the Member States.
Amendment 59 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners,
Amendment 6 #
Draft opinion – The Committee on Employment and Social Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to
Amendment 60 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port
Amendment 61 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port
Amendment 62 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port m
Amendment 63 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port may require the designated provider of port services appointed in accordance with the procedure established by Articles 7 and 9, 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 64 #
Proposal for a regulation Article 10 – paragraph 3 3. Where managing bodies of the port require all providers
Amendment 65 #
Proposal for a regulation Article 10 – paragraph 3 3. Where managing bodies of the port require providers of port services to comply with certain social standards as regards the provision of relevant port services, tender documents and port service contracts shall list the staff concerned and
Amendment 66 #
Proposal for a regulation 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 67 #
Proposal for a regulation Article 11 This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services
Amendment 68 #
Proposal for a regulation Chapter II a (new) Amendment 69 #
Proposal for a regulation Article 12 – paragraph 3 3. The public funds referred to in paragraph 1 shall include share capital or quasi-capital funds, non-refundable grants, grants only refundable in certain circumstances and not renewable, award of loans including overdrafts and advances on capital injections, guarantees given to the managing body of the port by public authorities, dividends paid out and profits retained or any other form of public financial support.
Amendment 7 #
Proposal for a regulation Recital 6 (6) The self-provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of Member States for safety or social reasons. The stakeholders consulted by the Commission when preparing its proposal highlighted that imposing a generalised allowance of the self-provision of service at Union level would require additional rules on safety and social issues in order to avoid possible negative impacts in these areas. It
Amendment 70 #
Proposal for a regulation Article 12 – paragraph 7 a (new) 7a. The procedures and information indicated in this chapter in relation to public finances shall be the subject of a certificate issued by an independent auditor, who may be that of the managing body of the port receiving public funding.
Amendment 72 #
Proposal for a regulation 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
Amendment 73 #
Proposal for a regulation Article 16 – paragraph 1 – introductory part 1. The managing body of the port shall regularly consult stakeholders
Amendment 74 #
Proposal for a regulation 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, workers representatives, 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) (ca) compliance with the existing social standards.
Amendment 76 #
Proposal for a regulation Article 16 – paragraph 1 – point c a (new) Amendment 77 #
Proposal for a regulation Article 17 Amendment 78 #
Proposal for a regulation Article 18 Amendment 79 #
Proposal for a regulation Article 21 – paragraph 2 2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for a
Amendment 8 #
Proposal for a regulation Recital 7 (7) In the interest of efficient, safe
Amendment 80 #
Proposal for a regulation Article 22 Amendment 9 #
Proposal for a regulation Recital 7 (7) In the interest of efficient, safe and
source: PE-524.539
2013/12/04
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458 amendments...
Amendment 100 #
Proposal for a regulation Recital 1 a (new) (1 a) A high level of simplification of customs procedures can represent a major economic advantage for a port in terms of competitiveness. In order to avoid unfair competition of ports and reduce customs formalities which might seriously harm the Union's financial interests, port authorities must include a proper and effective risk-based policy approach in order to avoid distortion of competition. These procedures should be effectively monitored regularly by the Commission and Member States and the Commission should evaluate the need to take appropriate measure to tackle unfair competition.
Amendment 101 #
Proposal for a regulation Recital 1 b (new) (1 b) While greater financial transparency is vital in publicly funded ports, there is a limit to the level of transparency necessary for privately funded ports given that they are already covered by EU competition rules.
Amendment 102 #
Proposal for a regulation Recital 1 c (new) (1 c) Port managers should organise a dialogue with customers and therefore, there is no need for an independent supervisory body, which would risk being overly bureaucratic.
Amendment 103 #
Proposal for a regulation Recital 2 (2) In the Communication on the Single Market Act II Together for new growth6, the Commission has recalled that the attractiveness of maritime transport is dependent on the availability efficiency and reliability of port services and the necessity of addressing questions regarding the transparency of public funding and port charges, administrative simplification efforts in
Amendment 104 #
Proposal for a regulation Recital 3 (3) Facilitating access to the port services market at Union level and introducing the financial transparency and autonomy of publicly funded seaports will improve the quality and efficiency of service provided to users of the port and contribute to a climate more favourable to investments in ports, and thereby help reduce costs for transport users and contribute to promoting short sea shipping and a better integration of maritime transport with rail, inland waterway and road transport.
Amendment 105 #
Proposal for a regulation Recital 3 (3) Facilitating access to the port services market at Union level and introducing the financial transparency and autonomy of seaports will improve the quality and efficiency of service provided to users of the port and contribute to a climate more favourable to investments in ports, and thereby help reduce costs for transport users and contribute to promoting short sea shipping and a better integration of maritime transport with rail, inland waterway and road transport. They will also allow the removal of persistent barriers to intra-Community maritime transport, which impede the creation of a genuine internal market for maritime transport.
Amendment 106 #
Proposal for a regulation Recital 3 (3) Facilitating access to the port services market at Union level and introducing the
Amendment 107 #
Proposal for a regulation Recital 3 a (new) (3a) In the interests of greater financial transparency, guaranteed by establishing a closer correlation between the arrangements for securing funding and the types of costs generated, the managing body of the port should have own resources whose level is determined on the basis of the volume of traffic handled by the port. The own resources would take the form of a share of the tax proceeds generated by the commercial activities carried out in the port and of standard port revenues. This provision would strengthen subsidiarity and reduce ports' dependence on government resources, which in some cases could be viewed as State aid.
Amendment 108 #
Proposal for a regulation 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.
Amendment 109 #
Proposal for a regulation 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
Amendment 110 #
Proposal for a regulation Recital 4 a (new) (4a) The particular nature of the organisation and tasks performed by the managing bodies of ports and the extreme diversity of European ports render any standardisation initiative at Community level impossible and irrelevant. In this context, it is vitally important to recognise the competence of Member States in determining how their ports are to be managed, taking due account of the specificities and characteristics of each port and the national legislation in force, without this creating an obstacle to compliance with the rules of the Treaty on the Functioning of the European Union in respect of competition and financial transparency.
Amendment 111 #
Proposal for a regulation Recital 5 a (new) (5 a) The services of pilotage, towage and mooring are an essential part of the measures ensuring a safe transit, manoeuvre and presence of the ships in ports, in the interests of the users of services, of the port community and of the entire local community. These services are better identified as technical-nautical services, having the common feature to guarantee professional human resources and adequate equipment at the disposal of the users at the best economic conditions. The competent authority should particularly guarantee the safe navigation and mooring of ships in port and a defence in case of necessity and / or emergency.
Amendment 112 #
Proposal for a regulation Recital 5 a (new) (5a) Pilotage, mooring and towing services are technical nautical services which have public service characteristics such as the universality and continuity of service, regulation and supervision by the public authorities, and the satisfaction of public interest requirements, such as maritime safety and environmental protection. These characteristics justify the fact that some Member States have established a specific legal framework governing the providers of these services, and that they are excluded from the scope of Chapter II of this Directive;
Amendment 113 #
Proposal for a regulation Recital 5 a (new) (5 a) All of the providers of port services should always, in particular within the scope of this Regulation, act in public interest.
Amendment 114 #
Proposal for a regulation Recital 5 a (new) (5a) In accordance with Protocol 26 to the Treaty on the Functioning of the European Union, this Regulation does not affect the competence of the Member States to organise the services covered by it as non-economic services of general interest.
Amendment 115 #
Proposal for a regulation Recital 5 b (new) (5b) Mooring services have the characteristics of a public service, such as universality and continuity of service, regulation and supervision by the public authorities and the satisfaction of public interest requirements such as maritime safety and environmental protection. These characteristics were recognised for mooring services by the Court of Justice of the EU in its judgment of 18 June 1998 Corsica Ferries France (C-266/96);
Amendment 116 #
Proposal for a regulation Recital 5 b (new) (5b) This Regulation does not affect the various port management models in the Member States, as long as they respect the rules on market access and financial transparency, and applies irrespective of the division of powers between the government and port management bodies in the Member States.
Amendment 117 #
Proposal for a regulation Recital 5 c (new) (5 c) Because of the link between technical-nautical services and maritime safety, security and environmental protection, national legislation of Member States may provide a regulatory framework to direct and control the related service providers, coordinating their activity and adopting specific rules about the transparent and non- discriminatory access to the profession, the organisation and how to offer such services;
Amendment 118 #
Proposal for a regulation Recital 6 (6) The self-provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of Member States for safety or social reasons. The stakeholders consulted by the Commission when preparing its proposal highlighted that imposing a generalised allowance of the self-provision of service at Union level would require additional rules on safety and social issues in order to avoid possible negative impacts in these areas. It
Amendment 119 #
Proposal for a regulation Recital 6 (6) The self-provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of Member States for safety or social reasons. The stakeholders consulted by the Commission when preparing its proposal highlighted that imposing a generalised allowance of the self-provision of service at Union level would require additional rules on safety and social issues in order to avoid possible negative impacts in these areas. It
Amendment 120 #
Proposal for a regulation Recital 6 (6) The self-provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of Member States for safety or social reasons. The stakeholders consulted by the Commission when preparing its proposal highlighted that imposing a generalised
Amendment 121 #
Proposal for a regulation Recital 6 a (new) (6a) In accordance with Protocol 26 to the Treaty on the Functioning of the European Union, the provisions of this Regulation in no way affect the competence of the Member States to provide or organise the services covered by it as non-economic services of general interest. Consequently, the Member States and competent authorities retain the power to organize these activities and services on economic or non-economic lines.
Amendment 122 #
Proposal for a regulation Recital 6 b (new) (6b) This Regulation does not impose a specific port management model assigning a specific status, role or mission to the port management body. Provided that rules relating to market access and transparency are respected, existing port management models established at national level in the Member States may be retained, including arrangements under which port management rights and responsibilities are delegated to (other) authorities responsible for safeguarding public interests in this respect.
Amendment 123 #
Proposal for a regulation Recital 6 c (new) (6c) Under certain port management models, the port management bodies are assigned (specific) rights and responsibilities as the competent authority. The Regulation applies regardless of whether the competent authority is the Member State itself or a port management body authorized to act in this capacity.
Amendment 124 #
Proposal for a regulation 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
Amendment 125 #
Proposal for a regulation Recital 7 (7) In the interest of efficient, safe and environmentally sound port management, the managing body of the port should be able to
Amendment 126 #
Proposal for a regulation Recital 7 (7) In the interest of efficient, safe and socially and environmentally sound port management, the managing body of the port should be able to require that port service providers and 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 transparent, non- discriminatory, objective and relevant for the provision of the port service.
Amendment 127 #
Proposal for a regulation Recital 7 (7) In the interest of efficient, safe
Amendment 128 #
Proposal for a regulation Recital 7 (7) In the interest of efficient, safe
Amendment 129 #
Proposal for a regulation Recital 7 (7) In the interest of efficient, safe
Amendment 130 #
Proposal for a regulation Recital 7 (7) In the interest of efficient, safe and environmentally sound port management, the
Amendment 131 #
Proposal for a regulation 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
Amendment 132 #
Proposal for a regulation Recital 7 a (new) (7 a) Each service provider and especially new market entrants should demonstrate their ability to serve a minimum number of vessels with their own staff and equipment. They should apply the relevant provisions and rules including applicable labour laws, applicable collective agreements and quality requirements of the port.
Amendment 133 #
Proposal for a regulation 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 economic capacity of the market itself to supply operators or to the scarcity of land or in case the land is reserved for certain
Amendment 134 #
Proposal for a regulation 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 135 #
Proposal for a regulation Recital 12 (12) In order to be open and transparent at publicly funded ports, the procedure to select the providers of port services and its result should be made public and full documentation should be
Amendment 136 #
Proposal for a regulation Recital 13 Amendment 137 #
Proposal for a regulation Recital 13 (13) The
Amendment 138 #
Proposal for a regulation Recital 14 (14)
Amendment 139 #
Proposal for a regulation Recital 14 (14) The recourse to public service obligations leading to a limitation in the number of providers of a port service should
Amendment 140 #
Proposal for a regulation Recital 14 (14)
Amendment 141 #
Proposal for a regulation Recital 14 (14)
Amendment 142 #
Proposal for a regulation Recital 16 (16) This Regulation does not preclude the possibility of competent authorities to grant
Amendment 143 #
Proposal for a regulation 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 144 #
Proposal for a regulation 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 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.
Amendment 145 #
Proposal for a regulation 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
Amendment 146 #
Proposal for a regulation 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
Amendment 147 #
Proposal for a regulation 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 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.
Amendment 148 #
Proposal for a regulation 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 149 #
Proposal for a regulation 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 shall respect Article 28 of the Charter of Fundamental Rights of the European Union giving workers the right of collective bargaining and action. 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,
Amendment 150 #
Proposal for a regulation 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, provided that these rules are in line with the EU Treaty rules. 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.
Amendment 151 #
Proposal for a regulation Recital 19 (19) Member States should retain the full power to ensure an adequate level of social protection for the staff of undertaking providing port services. This Regulation sh
Amendment 152 #
Proposal for a regulation 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. In cases of limitation of the number of port service providers, where the conclusion of
Amendment 153 #
Proposal for a regulation Recital 19 (19) Member States should
Amendment 154 #
Proposal for a regulation Recital 19 (19) Member States should retain the power to ensure an adequate level of social protection for the staff of undertakings providing port services. This Regulation sh
Amendment 155 #
Proposal for a regulation Recital 20 Amendment 156 #
Proposal for a regulation Recital 20 (20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of public concession contracts. This type of contracts will be covered by the Directive ..../…[concessions]. Consequently, Chapter II of this Regulation should not apply to the provision of cargo-handling and passenger
Amendment 157 #
Proposal for a regulation Recital 20 (20)
Amendment 158 #
Proposal for a regulation Recital 20 a (new) (20 a) Pilotage, towing and mooring provide essential, unique and specialised services to the shipping industry, which if open to competition would jeopardise maritime safety and security, the protection of the environment and the efficiency of ports. They should be therefore exempted from the market access provisions laid down in Chapter II of this Regulation.
Amendment 159 #
Proposal for a regulation Recital 20 a (new) (20 a) Pilotage services are in most cases provided by a single provider for reasons of effectiveness and safety. However, provisions must be made so that this port service is awarded also with transparency and cost-efficiency in mind. Member States could choose to use a derogation of two years in order to prepare the safety and procurement mechanisms for this important service.
Amendment 160 #
Proposal for a regulation Recital 20 a (new) Amendment 161 #
Proposal for a regulation Recital 21 a (new) (21a) The Connecting Europe Facility provides that ports in the Trans-European Transport Network may benefit from EU subsidies during the forthcoming 2014- 2020 period. Furthermore, the Commission intends to set up a revised framework on state aid to ports and given that the new Directive on Concessions establishes likewise a new legislative framework which will also affect port services provided under a concession agreement, strict rules on the transparency of financial flows need to be introduced in this Regulation to prevent unfair competition between ports in the Union or dumping.
Amendment 162 #
Proposal for a regulation Recital 22 (22) It is necessary to impose on the managing body of the port which receives public funds, when it is also acting as a service provider, an obligation to keep separate accounts for
Amendment 163 #
Proposal for a regulation Recital 22 a (new) (22a) The Commission should clarify the concept of State aid with regard to the financing of port infrastructures, taking into account the non-commercial nature of public access and defence infrastructures, in particular rail and road access infrastructures and their connections to the national transport system, the infrastructure necessary for public services in port areas, berths, and any infrastructure allowing access to a port area, including access by sea, inland waterways and defences. These types of infrastructure should be accessible to all potential users on an equal footing and without discrimination. It should be solely the responsibility of the State in question to meet the general needs of the population.
Amendment 164 #
Proposal for a regulation Recital 22 a (new) (22 a) Due to the lack of clear State aid guidelines for ports, the port sector suffers from legal uncertainty as they now depend on a case by case approach. In order to create more transparency, the Commission should, after consulting all stakeholders including Member States and port authorities, come forward with clear guidelines on State aid to ports.
Amendment 165 #
Proposal for a regulation 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 166 #
Proposal for a regulation 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 that the operation of a port falls within the State's responsibility to meet general needs of the population, due to the important role ports play in the European economy. They should therefore be exempt from the State aid regime as far as they fulfil public functions and be covered by a regime such as SGEI or rules on infrastructure costs similar to the Regulation No 1370/2007 in all non-commercial operations, such as maintenance of access and defence infrastructure that is accessible to all potential users on equal and non-discriminatory terms.
Amendment 167 #
Proposal for a regulation Recital 22 a (new) (22 a) The Commission should, as soon as possible, clarify the rules for State Aid with regard to the financing of port development, in accordance with the principles applied in the Leipzig-Halle airport decision.
Amendment 168 #
Proposal for a regulation Recital 22 a (new) (22a) The Commission must clarify the term ' State aid ' with regard to port infrastructure funding, taking into account the non-commercial nature of public access and defence infrastructures. This includes overland rail or road infrastructures providing access to the national transport system, infrastructures necessary for port facilities and all facilities necessary for port access, including access by sea, navigable canals and defence works. Such infrastructures must be accessible under equal and non- discriminatory terms to all potential users and it is the responsibility of the competent authority to ensure that the needs of the general public are met in this connection. The Commission must also take into account the precise role, status and mission of the port management body receiving and/or allocating aid, reflecting existing differences between the management models referred to in recital 6b (new).
Amendment 169 #
Proposal for a regulation Recital 22 a (new) (22 a) The Commission should clarify the notion of the State aid with regard to the financing of port infrastructure, taking into consideration the non-commercial nature of public access and defence infrastructure to all potential users on non-discriminatory terms and that it falls within the public responsibility to meet the general needs of the population.
Amendment 170 #
Proposal for a regulation Recital 22 a (new) (22a) The rules on State aid should, however, make provision for derogations for aid intended to fund the construction of facilities in ports situated on islands. Due account should be taken of the importance of ports for island regions and the rules on State aid should be reviewed in the light of the economic problems facing those regions, which are already at a disadvantage on account of their location.
Amendment 171 #
Proposal for a regulation Recital 23 (23) Port service charges applied by providers of port services
Amendment 172 #
Proposal for a regulation 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 Regulation. For those services, in the absence of fair market mechanisms, arrangements should be established to ensure that the charges they levy are
Amendment 173 #
Proposal for a regulation Recital 23 (23) Port service charges applied by providers of port services
Amendment 174 #
Proposal for a regulation Recital 23 (23) Port service charges applied by providers of port services which are not designated in accordance with an open,
Amendment 175 #
Proposal for a regulation 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 or by internal operators, which are wholly or mainly publicly funded, entail a higher risk of price abuse
Amendment 176 #
Proposal for a regulation Recital 23 (23) Port service charges applied by providers of port services in accordance with point (b) of Article 6(1), which are not designated in accordance with an open, transparent and non-discriminatory procedure
Amendment 177 #
Proposal for a regulation Recital 23 (23)
Amendment 178 #
Proposal for a regulation Recital 24 (24) In order to be efficient, the port infrastructure charges of
Amendment 179 #
Proposal for a regulation Recital 24 (24) In order to be efficient, the port infrastructure charges of each individual port should be set by the managing body of the port in a transparent and autonomous way in accordance with that port's own commercial and investment strategy.
Amendment 180 #
Proposal for a regulation Recital 24 (24)
Amendment 181 #
Proposal for a regulation Recital 25 (25) The
Amendment 182 #
Proposal for a regulation Recital 26 (26)
Amendment 183 #
Proposal for a regulation Recital 26 (26)
Amendment 184 #
Proposal for a regulation Recital 27 Amendment 185 #
Proposal for a regulation Recital 27 Amendment 186 #
Proposal for a regulation Recital 27 (27) In order to ensure th
Amendment 187 #
Proposal for a regulation Recital 27 (27) In order to ensure the proper and effective application of this Regulation, every Member State should designate an independent supervisory body, which could be an already existing body
Amendment 188 #
Proposal for a regulation Recital 28 Amendment 189 #
Proposal for a regulation Recital 28 Amendment 190 #
Proposal for a regulation Recital 28 Amendment 191 #
Proposal for a regulation Recital 28 (28) The different independent supervisory bodies should exchange information on their work and cooperate in order to ensure a
Amendment 192 #
Proposal for a regulation Recital 28 (28) The different bodies providing independent supervis
Amendment 193 #
Proposal for a regulation Recital 29 Amendment 194 #
Proposal for a regulation Recital 29 (29) In order to s
Amendment 195 #
Proposal for a regulation Recital 29 (29) In order to
Amendment 196 #
Proposal for a regulation Recital 29 (29) In order to
Amendment 197 #
Proposal for a regulation Recital 29 (29) In order to
Amendment 198 #
Proposal for a regulation Recital 30 Amendment 199 #
Proposal for a regulation Recital 30 Amendment 200 #
Proposal for a regulation Recital 30 Amendment 201 #
Proposal for a regulation Recital 30 Amendment 202 #
Proposal for a regulation Recital 30 (30) In order to ensure
Amendment 203 #
Proposal for a regulation 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
Amendment 204 #
Proposal for a regulation 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
Amendment 205 #
Proposal for a regulation Recital 31 a (new) (31 a) Port labour relations have a large influence on the working of the ports. Therefore the sectoral Social Dialogue Committee for ports gives the social partners a framework to establish results regarding work organisation and working conditions, such as health and safety, training and qualifications, EU policy on low sulphur fuels, attractiveness of the sector to young workers and female workers. The Commission should facilitate the negotiations and monitor them closely. If no clear agreement is reached by 2016, the Commission should, if appropriate, come forward with a legal proposal.
Amendment 206 #
Proposal for a regulation Recital 31 a (new) (31a) Working conditions in ports have a great impact on their efficiency. In this connection, the sectoral social dialogue committees for ports should play their role of conciliation in terms of social conditions, in particular working conditions, health and safety, training and qualifications. The Commission should facilitate and support negotiations and follow them up. The social partners are called upon to report on their progress in good time so that it can be included by the Commission when it draws up its report on the effects of this Directive.
Amendment 207 #
Proposal for a regulation Recital 31 a (new) Amendment 208 #
Proposal for a regulation Recital 31 a (new) (31 a) Port labour relations have a large influence on the working of the ports. Therefore the sectoral Social Dialogue Committee for ports gives the social partners a framework to establish results regarding issues such as improved working conditions, occupational health and safety, training and qualifications. The Commission should facilitate the negotiations, support and monitor them closely. The social partners should be encouraged to report on progress on time so that the progress can be taken into account by the Commission when reporting on the effect of this Regulation.
Amendment 209 #
Proposal for a regulation Recital 31 b (new) (31 b) This Regulation does not impose a specific port management model prescribing a specific status, role or mission for managing bodies of the port. Insofar as the rules on market access and financial transparency are respected, Member States' port management models laid down in national legislation can be maintained. This includes models delegating port management rights and responsibilities to public entities safeguarding the general port interest.
Amendment 210 #
Proposal for a regulation Article 1 Amendment 211 #
Proposal for a regulation Article 1 – paragraph 1 – point a Amendment 212 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) a
Amendment 213 #
Proposal for a regulation Article 1 – paragraph 2 – introductory part 2. This Regulation shall apply to the provision of the following categories of port services, either inside the port area or on the waterway access to and from the ports, if they are organised as economic activities.
Amendment 214 #
Proposal for a regulation Article 1 – paragraph 2 – introductory part 2. This Regulation shall apply to the provision of the following categories of port services, if they are organised as economic activities, either inside the port area or on the waterway access to and from the ports.
Amendment 215 #
Proposal for a regulation Article 1 – paragraph 2 – introductory part 2. This Regulation shall apply to the provision of the following categories of port services, either inside the port area or on the waterway access to and from the ports, and to dredging.
Amendment 216 #
Proposal for a regulation Article 1 – paragraph 2 – point b Amendment 226 #
Proposal for a regulation Article 1 – paragraph 2 – point f Amendment 233 #
Proposal for a regulation Article 1 – paragraph 3 3. This
Amendment 234 #
Proposal for a regulation Article 1 – paragraph 3 (3) This Regulation shall apply to all seaports and fluvio-maritime ports of the trans-European transport network, as defined in Annex I of Regulation XXX [regulation on the TEN-T Guidelines].
Amendment 235 #
Proposal for a regulation Article 1 – paragraph 4 a (new) 4 a. Member States may also apply this Regulation to other port services. In this case, they shall notify the Commission of their decision.
Amendment 237 #
Proposal for a regulation Article 2 – paragraph 1 – 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 warehousing, stripping, repackaging or any other value added services related to
Amendment 238 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 2.
Amendment 239 #
Proposal for a regulation Article 2 – paragraph 1 – 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
Amendment 240 #
Proposal for a regulation Article 2 – paragraph 1 – point 3 Amendment 241 #
Proposal for a regulation 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 or inside the port itself 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;
Amendment 242 #
Proposal for a regulation 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 243 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 5. "managing body of the port" means any public or private body which, whether or not in conjunction with other activities, has as its objective under national law or instruments the administration and management of the port infrastructures, port traffic, the coordination and, where appropriate, the realisation, organisation or the control of the activities of the operators present in the port concerned, the administration and the management of port traffic in the port in question and the development of the port area;
Amendment 244 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 Amendment 245 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 Amendment 246 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6. "mooring" means the mooring services in charge of berthing and un-
Amendment 247 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6. "mooring" means the berthing and un- berthing services required for a waterborne vessel being
Amendment 248 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6. "mooring" means the services, land and maritime equipment and personnel for the berthing and un-
Amendment 249 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 Amendment 250 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8.
Amendment 251 #
Proposal for a regulation 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 infrastructures, facilities and services, under the control and the administrative management of the managing body of the port, that allow vessels entry and exit in and out of the port, including the waterways giving access to those ports, a
Amendment 252 #
Proposal for a regulation 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 th
Amendment 253 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9.
Amendment 254 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 Amendment 255 #
Proposal for a regulation Article 2 – paragraph 1 – 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 of providers of port services, without prejudice to the existing procedures for designating port service providers in the Member States;
Amendment 256 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 13. ‘provider of port services’ means any natural or legal person providing, or wishing to provide
Amendment 257 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 13. "provider of port services" means any natural or legal person providing,
Amendment 258 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 13. „"provider of port services" means any natural or legal person providing, or wishing to provide, for remuneration, one or more categories of port services
Amendment 259 #
Proposal for a regulation Article 2 – paragraph 1 – point 13 13.
Amendment 260 #
Proposal for a regulation Article 2 – paragraph 1 – point 16 16. "seaport" means an area of land and water made up of such works and equipment so as to permit, principally, the reception of ships, their loading and unloading, the storage of goods, the receipt and delivery of these goods and the embarkation and disembarkation of passengers and other persons; and any other infrastructure necessary for transport operators within the port area;
Amendment 261 #
Proposal for a regulation Article 2 – paragraph 1 – point 16 16. „"seaport" means a
Amendment 262 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 Amendment 263 #
Proposal for a regulation Article 2 – paragraph 1 – point 17 Amendment 264 #
Proposal for a regulation 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 265 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 a (new) 18 a. "Access and defence infrastructure" means all infrastructure that allows sea and land access to a port area including maritime access and defence works, land access connections to general transport facilities and infrastructure for utilities necessary for the activities in the port area;
Amendment 266 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 a (new) 18 a. 'Privately owned and operated port' means a port that is not owned and operated by a national authority, a region, a province or a municipality;
Amendment 267 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 b (new) 18 b. "Terminal or project-related infrastructure" means civil works within the port area that include berths used for the mooring of ships, the reclamation of land used for terminal construction, dredging alongside berths and access to terminals from the general public transport facilities within the port area, mentioned under Article 2(1)(18a);
Amendment 268 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 c (new) Amendment 269 #
Proposal for a regulation Article -3 (new) Amendment 270 #
Proposal for a regulation Article 3 Amendment 271 #
Proposal for a regulation Article 4 Amendment 272 #
Proposal for a regulation Article 4 – paragraph 1 1. The managing body of the port or the competent authority may require that providers of port services comply with minimum requirements to perform the corresponding port service.
Amendment 273 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 274 #
Proposal for a regulation Article 4 – paragraph 1 1. The managing body of the port
Amendment 275 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. The minimum requirements provided for in paragraph 1
Amendment 276 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. The minimum requirements provided for in paragraph 1 may
Amendment 277 #
Proposal for a regulation Article 4 – paragraph 2 – point b (b)
Amendment 278 #
Proposal for a regulation Article 4 – paragraph 2 – point b (b) the equipment needed to provide the relevant port service
Amendment 279 #
Proposal for a regulation 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, workers and persons;
Amendment 280 #
Proposal for a regulation 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, on the availability of the service and on the cooperation between the technical- nautical services;
Amendment 281 #
Proposal for a regulation 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, and on the availability of the service;
Amendment 282 #
Proposal for a regulation Article 4 – paragraph 2 – point d (d) the compliance with local, national, Union and international social and environmental requirements.
Amendment 283 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (d a) the compliance with social and labour legislation;
Amendment 284 #
Proposal for a regulation 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 285 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (da) compliance with social and labour standards, including the provisions on health protection and accident prevention;
Amendment 286 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) Amendment 287 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (d a) availability requirements;
Amendment 288 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (d a) the good repute of the applicant regarding the respect of social and labour rights, including the application of laws and the agreement to protect health and safety;
Amendment 289 #
Proposal for a regulation Article 4 – paragraph 2 a (new) 2 a. the compliance with social and labour legislation, including the application of laws and agreement to protect health and safety;
Amendment 290 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3a. The body managing the port which is part of the TEN-T network may become involved in the development of terrestrial links to markets by making its own investments in works and/or infrastructure.
Amendment 291 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 292 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 293 #
Proposal for a regulation Article 4 – paragraph 4 4. Where the minimum requirements include specific local knowledge or acquaints with local conditions, the managing body of the port
Amendment 294 #
Proposal for a regulation 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 been published by the managing body of the port by 1 July 201
Amendment 295 #
Proposal for a regulation 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 been published by the managing body of the port by 1 July 2015 or for minimum requirements being applicable after that date at least
Amendment 296 #
Proposal for a regulation 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
Amendment 297 #
Proposal for a regulation Article 5 Amendment 298 #
Proposal for a regulation 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
Amendment 299 #
Proposal for a regulation 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
Amendment 300 #
Proposal for a regulation Article 5 – paragraph 3 a (new) (3a) The port service provider may forfeit the right to provide port services before the expiry of the authorization period if the competent body ascertains failure to comply with minimum requirements , failure to meet contractual obligations in relations with the management body, or in the event of insolvency or bankruptcy.
Amendment 301 #
Proposal for a regulation Article 6 Amendment 302 #
Proposal for a regulation 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 a
Amendment 303 #
Proposal for a regulation 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
Amendment 304 #
Proposal for a regulation 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 a
Amendment 305 #
Proposal for a regulation 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) (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) (ac) the need to ensure the provision of safe, secure or environmentally sustainable port operations;
Amendment 308 #
Proposal for a regulation 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;
Amendment 309 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) the characteristics of the traffic in any given port does not permit that more than a certain number of providers of port services may operate profitably in that port with regards to that particular port service;
Amendment 310 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) market capacity is not sufficient to guarantee the presence of more operators;
Amendment 311 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) The limitations applied according to paragraph 1 of this Article shall be proportionate to the grounds on which those limitations are put in place;
Amendment 312 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) shipping safety in the port and environmental protection;
Amendment 313 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) the need to ensure the conduct of safe port operations, in accordance with international best practice;
Amendment 314 #
Proposal for a regulation 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 315 #
Proposal for a regulation Article 7 Amendment 316 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 317 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 318 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 319 #
Proposal for a regulation Article 7 – paragraph 2 2.
Amendment 320 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 321 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 322 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 323 #
Proposal for a regulation Article 7 – paragraph 3 3.
Amendment 324 #
Proposal for a regulation Article 7 – paragraph 4 4. Th
Amendment 325 #
Proposal for a regulation Article 7 – paragraph 5 Amendment 326 #
Proposal for a regulation Article 7 – paragraph 5 Amendment 327 #
Proposal for a regulation Article 7 – paragraph 5 a (new) 5a. The duration of the port service contract shall be limited. The managing body of the port, or where appropriate the competent authority, shall determine that duration on the basis of the nature and purpose of the service to which the contract relates. The calculation shall include both initial investments and investments during the duration of the contract.
Amendment 328 #
Proposal for a regulation Article 7 – paragraph 6 Amendment 329 #
Proposal for a regulation Article 7 – paragraph 7 Amendment 330 #
Proposal for a regulation Article 7 – paragraph 7 a (new) 7a. The duration of port service contracts shall be proportional to the investments made.
Amendment 331 #
Proposal for a regulation Article 8 Amendment 332 #
Proposal for a regulation 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 333 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) the availability of the service to all users, where appropriate on equal terms;
Amendment 334 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) the availability of the service to all users, where appropriate on equal terms;
Amendment 335 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) the availability of the service to all users and all berths;
Amendment 336 #
Proposal for a regulation Article 8 – paragraph 1 – point c (c)
Amendment 337 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) environmental protection and safety of the port and port activities;
Amendment 338 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) the safety, security, or environmental sustainability of port operations;
Amendment 339 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) maritime security and safety, and environment protection missions within and at the entrance of ports;
Amendment 340 #
Proposal for a regulation Article 8 – paragraph 1 – point c b (new) (cb) the provision of adequate transport services to the public;
Amendment 341 #
Proposal for a regulation Article 8 – paragraph 6 6. In the event of a disruption of port
Amendment 342 #
Proposal for a regulation 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 whilst strictly complying with the applicable national rules on social rights. 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 343 #
Proposal for a regulation 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 344 #
Proposal for a regulation 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. Collective actions are not included amongst the disruptions for which emergency measures can be taken. 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 345 #
Proposal for a regulation 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 guaranteeing compliance with national legislation on social and labour rights, in particular the right to strike. 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
Amendment 346 #
Proposal for a regulation Article 8 – paragraph 6 – subparagraph 1 (new) Collective actions shall not be considered as an event of a disruption, for which the emergency measures may be taken.
Amendment 347 #
Proposal for a regulation Article 9 Amendment 348 #
Proposal for a regulation Article 9 – paragraph 1 1. In the cases provided for in Article 6 (1) (b) only, the competent authority may decide to provide a port service under public service obligations itself or to impose such obligations directly on a legally distinct entity over which it exercises a control similar to that exercised over its own departments. In such a case, the port service provider shall be considered as an internal operator for the purpose of this Regulation.
Amendment 349 #
Proposal for a regulation Article 9 – paragraph 1 1. In the cases provided for in Article 6
Amendment 350 #
Proposal for a regulation 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 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 351 #
Proposal for a regulation Article 9 – paragraph 2 2. The managing body of the port or the competent authority shall be
Amendment 352 #
Proposal for a regulation 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 353 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3a. When a managing body of a port carries out dredging in its port area with public funds as referred to Article 12(3), it may not carry out dredging in other port areas.
Amendment 354 #
Proposal for a regulation Article 9 – paragraph 4 4. If, without prejudice to Article 8(3), a competent authority decides to apply paragraph 1 in all the seaports covered by this Regulation in a Member State, it shall inform the Commission.
Amendment 355 #
Proposal for a regulation 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 356 #
Proposal for a regulation Article 10 Amendment 357 #
Proposal for a regulation Article 10 Amendment 358 #
Proposal for a regulation Article 10 – paragraph 1 1. This
Amendment 359 #
Proposal for a regulation Article 10 – paragraph 1 1. This Regulation shall not affect the application of the social and labour rules of the Member States, provided these rules are in conformity with the EU Treaty rules.
Amendment 360 #
Proposal for a regulation Article 10 – paragraph 1 1. This Regulation shall
Amendment 361 #
Proposal for a regulation Article 10 – paragraph 2 Amendment 362 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements
Amendment 363 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port
Amendment 364 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port may 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, including those on board vessels hired 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 365 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to relevant national
Amendment 366 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port may contractually 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 367 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the
Amendment 368 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port
Amendment 369 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port
Amendment 370 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners,
Amendment 371 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port may require the designated provider of port services, newly 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 372 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 373 #
Proposal for a regulation Article 10 – paragraph 3 3.
Amendment 374 #
Proposal for a regulation 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 375 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3a. The aforegoing paragraphs 2 and 3 shall not however prejudice the right of port management bodies to include among the contract award criteria, in the selection procedure to appoint a port service provider, the stipulation that service provider candidates shall already possess qualified staff with specific experience in performing the services concerned.
Amendment 376 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3a. When a managing body of a port carries out dredging in its port area with public funds as referred to Article 12(3), it may not carry out dredging in other port areas.
Amendment 377 #
Proposal for a regulation Article 11 – paragraph 1 Amendment 378 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services and passenger services or to pilotage and mooring services.
Amendment 379 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services
Amendment 380 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to pilotage, cargo handling services and passenger services.
Amendment 381 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall
Amendment 382 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services and passenger services. Article 24 shall likewise not apply to dredging, port reception facilities, pilotage, towage and mooring.
Amendment 383 #
Proposal for a regulation Article 12 – paragraph 1 a (new) 1a. In the interests of greater financial transparency, guaranteed by establishing a closer correlation between the arrangements for securing funding and the cost centres, the port management body should have own resources whose level is determined on the basis of the volume of traffic handled by the port. The own resources would take the form of a share of the tax revenue generated by the commercial activities carried out in the port and of standard port revenues. This provision would strengthen the EU s principle of subsidiarity and impose restrictions on the allocation of government resources, which in some cases could take the form of State aid.
Amendment 384 #
Proposal for a regulation Article 12 – paragraph 2 – introductory part 2. Where the managing body of the port
Amendment 385 #
Proposal for a regulation 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 386 #
Proposal for a regulation 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 p
Amendment 387 #
Proposal for a regulation 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 activity and of dredging 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 2. Where the managing body of the port that receives public funds provides port services itself, it shall keep the accounts of
Amendment 389 #
Proposal for a regulation Article 12 – paragraph 2 – introductory part 2. Where the managing body of the port that receives public funds provides port
Amendment 390 #
Proposal for a regulation 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 activity and of dredging separate from the accounts of its other activities, in such a way that :
Amendment 391 #
Proposal for a regulation Article 12 – paragraph 2 – point a (a) all costs and revenues are correctly assigned or allocated for each service on the basis of consistently applied and objectively justifiable cost accounting principles; and
Amendment 392 #
Proposal for a regulation 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 393 #
Proposal for a regulation Article 12 – paragraph 3 3. The public funds referred to in paragraph 1 shall include share capital or quasi-capital funds, non-refundable grants, grants only refundable in certain circumstances, award of loans including overdrafts and advances on capital injections, guarantees given to the managing body of the port by public authorities
Amendment 394 #
Proposal for a regulation 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
Amendment 395 #
Proposal for a regulation 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
Amendment 396 #
Proposal for a regulation Article 12 – paragraph 5 5. The managing body of the port shall
Amendment 397 #
Proposal for a regulation Article 12 – paragraph 5 5. The managing body of the port shall make available to the Commission and the
Amendment 398 #
Proposal for a regulation Article 12 – paragraph 5 5. The managing body of the port shall make available to the Commission and the competent
Amendment 399 #
Proposal for a regulation Article 12 – paragraph 7 a (new) Amendment 400 #
Proposal for a regulation Article 12 – paragraph 7 a (new) 7a. Public funds, referred to in paragraph 1 and 3, made available to the managing body of the port in order to either partly or entirely finance the access and land infrastructure as well as the terminal or project related infrastructure stay within the public remit, as long as these infrastructures are managed and exploited by the managing body of the port in a non-commercial way.
Amendment 401 #
Proposal for a regulation Article 12 – paragraph 7 b (new) 7b. Public funds made available to the managing body of the port in order to either partly or entirely finance the superstructure fall outside the public remit as they are directly related to the benefit of the individual port service involved.
Amendment 402 #
Proposal for a regulation Article 13 – paragraph 1 1. The charges for the services provided by an internal operator as referred to in Article 9
Amendment 403 #
Proposal for a regulation 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 be set in a transparent and non-discriminatory way. These charges shall reflect the conditions on a competitive relevant market and shall
Amendment 404 #
Proposal for a regulation Article 13 – paragraph 1 1. The charges for
Amendment 405 #
Proposal for a regulation Article 13 – paragraph 1 1. The charges for the services provided by an internal operator, as referred to in Article 9(1), and the charges levied by providers of a port service
Amendment 406 #
Proposal for a regulation 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
Amendment 407 #
Proposal for a regulation Article 13 – paragraph 3 3. The port service provider shall make available to the competent independent supervisory body as referred to in Article 17
Amendment 408 #
Proposal for a regulation Article 13 – paragraph 3 3. The port service provider shall make available to the
Amendment 409 #
Proposal for a regulation Article 13 – paragraph 3 3. The port service provider shall make available to the competent
Amendment 410 #
Proposal for a regulation Article 14 – paragraph 1 1. The managing body of the port shall levy a port infrastructure charge. These charges may have the nature and form of taxes. This shall not prevent providers of port services which are using port infrastructures from levying port service charges.
Amendment 411 #
Proposal for a regulation Article 14 – paragraph 2 2. The payment of the port infrastructure charges may be integrated
Amendment 412 #
Proposal for a regulation 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 defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of the relevant market and in accordance with rules on State aid
Amendment 413 #
Proposal for a regulation 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 defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive
Amendment 414 #
Proposal for a regulation 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 defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of the relevant market and in accordance with State aid rules, bearing in mind in relation to the latter that geographically disadvantaged regions such as islands have a greater need for specific support.
Amendment 415 #
Proposal for a regulation 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 defined
Amendment 416 #
Proposal for a regulation 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 defined
Amendment 417 #
Proposal for a regulation 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, relat
Amendment 418 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary, inter alia, in accordance with commercial practices related 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 be
Amendment 419 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with the port's economic strategy and with commercial practices related to frequent users, or in order to promote amongst 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
Amendment 420 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with commercial practices related to frequent users, or in order to promote a more efficient use of the port infrastructure
Amendment 421 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with
Amendment 422 #
Proposal for a regulation 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, relat
Amendment 423 #
Proposal for a regulation 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, relat
Amendment 424 #
Proposal for a regulation Article 14 – paragraph 4 a (new) 4a. Port management bodies shall levy differentiated charges for the use of port infrastructures so as to promote energy- saving and carbon-efficient transport, favouring to ships with good environmental performances over those lagging behind in this respect.
Amendment 425 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 426 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 427 #
Proposal for a regulation 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
Amendment 428 #
Proposal for a regulation 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
Amendment 429 #
Proposal for a regulation 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
Amendment 430 #
Proposal for a regulation Article 14 – paragraph 5 5. The Commission shall be empowered to adopt, where necessary, delegated acts in
Amendment 431 #
Proposal for a regulation 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
Amendment 432 #
Proposal for a regulation Article 14 – paragraph 6 6. The managing body of
Amendment 433 #
Proposal for a regulation 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 the amount of the port infrastructure charges, including the total costs and revenues serving as a basis to determine the structure and the level of the port infrastructure charges, without, however, any connection being made between them. 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 434 #
Proposal for a regulation Article 14 – paragraph 7 Amendment 435 #
Proposal for a regulation Article 14 – paragraph 7 7. The managing body of
Amendment 436 #
Proposal for a regulation 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 and 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 437 #
Proposal for a regulation Article 14 – paragraph 7 7. The managing body of the port shall
Amendment 438 #
Proposal for a regulation Article 14 – paragraph 7 7. The managing body of the port shall make available to the competent
Amendment 439 #
Proposal for a regulation Article 14 a (new) Article 14a Financial transparency of privately owned and operated ports Without prejudice to requirements under State aid, competition law and other relevant legislation, transparency requirements under Articles 13 and 14 may not apply in the cases of privately owned and operated ports if the disclosure of information in the setting of charges relates to impending developments or matters in the course of negotiations that may, as a consequence, interfere with the business model, and ultimately, distort competition. For this reason, the managing body should be able to decide whether disclosing such information would be seriously prejudicial to the interests of the undertaking. Where the managing body has not disclosed information according to this paragraph, it shall provide a statement to this effect.
Amendment 440 #
Proposal for a regulation Article 15 Amendment 441 #
Proposal for a regulation Article 15 – paragraph 1 1. The managing body of
Amendment 442 #
Proposal for a regulation Article 15 – paragraph 1 1. The managing body of the port shall e
Amendment 443 #
Proposal for a regulation 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 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‘. The managing body of a privately owned and operated port may decide not to establish such a committee.
Amendment 444 #
Proposal for a regulation Article 15 – paragraph 1 1. The managing body of the port shall e
Amendment 445 #
Proposal for a regulation Article 15 – paragraph 2 2.
Amendment 446 #
Proposal for a regulation Article 15 – paragraph 2 2. The managing body of
Amendment 447 #
Proposal for a regulation Article 15 – paragraph 2 2. The managing body of the port shall consult on an annual basis
Amendment 448 #
Proposal for a regulation Article 15 – paragraph 2 2. The managing body of the port shall
Amendment 449 #
Proposal for a regulation Article 15 – paragraph 2 2.
Amendment 450 #
Proposal for a regulation Article 15 – paragraph 2 a (new) Amendment 451 #
Proposal for a regulation Article 15 – paragraph 2 a (new) 2a. The managing body shall make efforts to ensure that significant changes to the structure or level of infrastructure charges are made in agreement with the port users' advisory committee.
Amendment 452 #
Proposal for a regulation Article 15 – paragraph 2 b (new) Amendment 453 #
Proposal for a regulation 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' representatives and public administrations operating in the port area on the following:
Amendment 454 #
Proposal for a regulation 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, representatives of port service workers, cargo owners, land transport operators and public administrations operating in the port area, in addition to representatives of residents living near the port area and representatives of non-governmental organisations (NGOs) on the following:
Amendment 455 #
Proposal for a regulation 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, workers representatives, cargo owners, land transport operators and public administrations operating in the port area on the following:
Amendment 456 #
Proposal for a regulation 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
Amendment 457 #
Proposal for a regulation 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 operating in the port area, environmental groups and workers' representatives on the following:
Amendment 458 #
Proposal for a regulation Article 16 – paragraph 1 – introductory part 1. The managing body of the port shall
Amendment 459 #
Proposal for a regulation Article 16 – paragraph 1 – point a (a) the proper coordination of port services within the port
Amendment 460 #
Proposal for a regulation Article 16 – paragraph 1 – point c a (new) (ca) the consequences of planning and of spatial planning decisions in terms of environmental performance;
Amendment 461 #
Proposal for a regulation Article 16 – paragraph 1 – point c a (new) (ca) measures to ensure and improve safety in the port area, including measures to improve the training, health and safety of port workers;
Amendment 462 #
Proposal for a regulation Article 16 – paragraph 1 – point c a (new) (c a) the structure and level of charges for the use of port infrastructure.
Amendment 465 #
Proposal for a regulation Article 17 – title Amendment 467 #
Proposal for a regulation Article 17 – title Amendment 468 #
Proposal for a regulation Article 17 – paragraph 1 1. Member States shall ensure that an independent supervisory body monitors and supervises
Amendment 469 #
Proposal for a regulation Article 17 – paragraph 1 1. Member States shall
Amendment 470 #
Proposal for a regulation Article 17 – paragraph 1 1. Member States shall ensure that
Amendment 471 #
Proposal for a regulation Article 17 – paragraph 1 1. Member States shall ensure that
Amendment 472 #
Proposal for a regulation Article 17 – paragraph 1 1. Member States shall
Amendment 473 #
Proposal for a regulation Article 17 – paragraph 1 1. In respect of the subsidiary principle and the national Regulations, each Member State
Amendment 474 #
Proposal for a regulation Article 17 – paragraph 1 (1) Member States shall
Amendment 475 #
Proposal for a regulation Article 17 – paragraph 1 a (new) 1a. Member States shall ensure that any party with a legitimate interest has the right and is informed about how to lodge a complaint against the decisions or individual measures taken pursuant to the provisions of this Regulation.
Amendment 476 #
Proposal for a regulation Article 17 – paragraph 2 Amendment 477 #
Proposal for a regulation Article 17 – paragraph 2 2. The independent supervis
Amendment 478 #
Proposal for a regulation Article 17 – paragraph 2 2.
Amendment 479 #
Proposal for a regulation Article 17 – paragraph 2 a (new) 2a. Member States shall ensure that the supervisory authority can take autonomous decisions, independently from any political body and that adequate human and financial resources are at its disposal in order to carry out its duties.
Amendment 480 #
Proposal for a regulation Article 17 – paragraph 2 a (new) 2a. Member States shall ensure that any party with a legitimate interest has the right and is informed about how to lodge a complaint against the decisions or individual measures taken pursuant to the provisions of this Regulation.
Amendment 481 #
Proposal for a regulation Article 17 – paragraph 3 Amendment 482 #
Proposal for a regulation Article 17 – paragraph 3 3. The
Amendment 483 #
Proposal for a regulation Article 17 – paragraph 3 3.
Amendment 484 #
Proposal for a regulation Article 17 – paragraph 4 Amendment 485 #
Proposal for a regulation Article 17 – paragraph 4 Amendment 486 #
Proposal for a regulation Article 17 – paragraph 4 Amendment 487 #
Proposal for a regulation Article 17 – paragraph 4 Amendment 488 #
Proposal for a regulation Article 17 – paragraph 4 4. In the event that the dispute arises between parties established in different Member States,
Amendment 489 #
Proposal for a regulation Article 17 – paragraph 5 Amendment 490 #
Proposal for a regulation Article 17 – paragraph 5 5.
Amendment 491 #
Proposal for a regulation Article 17 – paragraph 5 5. The independent supervisory body 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. The relevant Member State shall make the necessary efforts to ensure that managing bodies cooperate with the supervisory body to that end.
Amendment 492 #
Proposal for a regulation Article 17 – paragraph 6 Amendment 493 #
Proposal for a regulation Article 17 – paragraph 6 Amendment 494 #
Proposal for a regulation Article 17 – paragraph 6 Amendment 495 #
Proposal for a regulation 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 496 #
Proposal for a regulation Article 17 – paragraph 7 Amendment 497 #
Proposal for a regulation Article 17 – paragraph 7 Amendment 498 #
Proposal for a regulation Article 17 – paragraph 7 7.
Amendment 499 #
Proposal for a regulation Article 17 – paragraph 8 Amendment 500 #
Proposal for a regulation Article 17 – paragraph 8 Amendment 501 #
Proposal for a regulation Article 17 – paragraph 8 8. The decisions of the relevant body providing independent supervis
Amendment 502 #
Proposal for a regulation Article 17 – paragraph 8 a (new) 8a. The independent supervisory body may cooperate with relevant competition authorities in carrying out its duties.
Amendment 503 #
Proposal for a regulation Article 17 – paragraph 9 Amendment 504 #
Proposal for a regulation Article 17 – paragraph 9 9. Member States shall notify to the Commission
Amendment 505 #
Proposal for a regulation Article 17 – paragraph 9 9. Member States shall notify to the Commission the
Amendment 506 #
Proposal for a regulation Article 17 – paragraph 9 9. Member States shall notify to the Commission the identity of the
Amendment 507 #
Proposal for a regulation 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 508 #
Proposal for a regulation Article 17 – paragraph 9 a (new) 9a. Without prejudice to this article, the Commission may at any time request further information from the managing bodies or the providers of port services in regard to the obligations laid down in this Regulation, and may start infringement proceedings against Member States.
Amendment 509 #
Proposal for a regulation Article 18 Amendment 510 #
Proposal for a regulation Article 18 Amendment 511 #
Proposal for a regulation Article 18 Amendment 512 #
Proposal for a regulation Article 18 Amendment 513 #
Proposal for a regulation Article 18 Amendment 514 #
Proposal for a regulation Article 18 – title Cooperation between independent supervisory bodies and the European supervisory body
Amendment 515 #
Proposal for a regulation Article 18 – paragraph 1 1. The independent supervisory bodies shall exchange information about their work and decision-making principles and practices in order to facilitate a
Amendment 516 #
Proposal for a regulation Article 18 – paragraph 1 1. The
Amendment 517 #
Proposal for a regulation Article 18 – paragraph 1 1. The independent supervisory bodies shall exchange information about their work and decision-making principles and practices in order to facilitate a uniform implementation of this Regulation. For this purpose, they shall participate and work together in a network that convenes at regular intervals and at least once a year. The Commission shall participate, coordinate and financially support the work of the network.
Amendment 518 #
Proposal for a regulation Article 18 – paragraph 1 a (new) 1a. A European supervisory body responsible for coordinating and supervising the independent supervisory bodies shall be established.
Amendment 519 #
Proposal for a regulation Article 18 – paragraph 3 3. The Member States shall ensure that the independent supervisory bodies shall provide the Commission, after a reasoned request, with the information necessary for it to carry out its tasks. The information requested by the Commission shall be necessary and proportionate to the performance of those tasks.
Amendment 520 #
Proposal for a regulation Article 18 – paragraph 3 3. The Member States shall ensure that the independent supervisory bodies shall provide the
Amendment 521 #
Proposal for a regulation Article 19 – paragraph 1 1. Any party with a legitimate interest shall have the right to appeal against the decisions or individual measures taken under this Regulation by the competent authorities
Amendment 522 #
Proposal for a regulation Article 19 – paragraph 1 1. Any party with a legitimate interest
Amendment 523 #
Proposal for a regulation Article 19 – paragraph 1 1. Any party with a legitimate interest shall have the right to appeal against the decisions or individual measures taken under this Regulation by the competent authorities, by the managing body of the port or by the
Amendment 524 #
Proposal for a regulation 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
Amendment 525 #
Proposal for a regulation 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
Amendment 526 #
Proposal for a regulation Article 21 Amendment 527 #
Proposal for a regulation Article 21 Amendment 528 #
Proposal for a regulation Article 21 Amendment 529 #
Proposal for a regulation Article 21 Amendment 530 #
Proposal for a regulation Article 21 – paragraph 2 (2) The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for a
Amendment 531 #
Proposal for a regulation Article 23 – paragraph 1 No later than three years after the entry into force of this Regulation, the Commission shall present a report to the European Parliament and the Council on the functioning and effect of this Regulation, accompanied, if appropriate, by relevant proposals. Within two years after the entry into force of this Regulation, the Commission shall present a report to the European Parliament and the Council on the functioning and effect of Article 11 of this Regulation. If appropriate, this report shall be accompanied by relevant proposals. To this end, the Commission will consult all involved parties, including the users.
Amendment 532 #
Proposal for a regulation Article 23 – paragraph 1 Amendment 533 #
Proposal for a regulation Article 23 – paragraph 1 Amendment 534 #
Proposal for a regulation Article 23 – paragraph 1 Amendment 535 #
Proposal for a regulation Article 24 – paragraph 2 a (new) 2a. Member States may exempt pilotage services from the application of the provisions of Chapter II for a period of two years.
Amendment 536 #
Proposal for a regulation 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 537 #
Proposal for a regulation 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 538 #
Proposal for a regulation Article 25 – paragraph 2 Amendment 539 #
Proposal for a regulation Article 25 – paragraph 2 It shall apply with effect from 1 July 201
Amendment 540 #
Proposal for a regulation Article 25 – paragraph 2 It shall apply with effect from 1 July 201
Amendment 541 #
Proposal for a regulation Article 25 – paragraph 3 Amendment 542 #
Proposal for a regulation Article 25 – paragraph 3 Amendment 86 #
Proposal for a regulation – The European Parliament rejects the motion for a resolution.
Amendment 88 #
Proposal for a regulation Title 1 Proposal for a
Amendment 89 #
Proposal for a regulation Title 1 Proposal for a
Amendment 90 #
Proposal for a regulation Title 1 Proposal for a
Amendment 91 #
Proposal for a regulation Title 1 Proposal for a
Amendment 92 #
Proposal for a regulation Title 1 Proposal for a
Amendment 93 #
Proposal for a regulation Recital 1 (1)
Amendment 94 #
Proposal for a regulation Recital 1 (1) Whereas: 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
Amendment 95 #
Proposal for a regulation Recital 1 a (new) (1 a) It is essential that the complexities of administrative procedures for customs clearance are dealt with given that these are major obstacles to the competitiveness of short-sea shipping.
Amendment 96 #
Proposal for a regulation Recital 1 a (new) (1 a) In order to address the challenges facing the maritime transport sector, it is essential that the actions to improve the administrative and custom procedures in ports 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 97 #
Proposal for a regulation Recital 1 a (new) Amendment 98 #
Proposal for a regulation Recital 1 b (new) (1b) The Commission should put forward a trans-European plan, in the context of the Motorways of the Sea, in order to be able to develop ports in border regions, in particular on the Mediterranean, Black Sea, Atlantic and Baltic Sea coasts, so as to ensure the provision of appropriate port services in terms of distance of flows of goods between the port of departure and port of arrival, thereby contributing to a reduction in pollution and noise pollution from transport by land.
Amendment 99 #
Proposal for a regulation 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.
source: PE-523.043
2015/07/02
TRAN
614 amendments...
Amendment 101 #
Draft legislative resolution Paragraph 1 1.
Amendment 102 #
Draft legislative resolution Paragraph 1 1.
Amendment 103 #
Draft legislative resolution Paragraph 2 Amendment 105 #
Proposal for a regulation Title Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on
Amendment 106 #
Proposal for a regulation Title Proposal for a
Amendment 107 #
Proposal for a regulation Recital 1 (1)
Amendment 108 #
Proposal for a regulation Recital 1 a (new) (1a) 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 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 109 #
Proposal for a regulation 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 Recital 1 a (new) (1a) In order to address the challenges facing the maritime transport sector, it is essential that the actions on administrative simplifications set out in the Commission communication entitled 'Ports: an engine for growth' on administrative simplification be implemented in tandem with this Regulation. The complexity of administrative procedures for customs clearance, resulting in delays at ports, represents a major obstacle to the competitiveness of short sea shipping and the efficiency of Union ports.
Amendment 111 #
Proposal for a regulation Recital 2 Amendment 112 #
Proposal for a regulation Recital 3 Amendment 113 #
Proposal for a regulation Recital 3 (3) Facilitating access to the port services market at Union level and introducing the financial transparency and autonomy of seaports will improve the quality and efficiency of service provided to users of the port and contribute to a climate more favourable to investments in ports, and thereby help reduce costs for transport users and contribute to promoting short sea shipping and a better integration of maritime transport with rail, inland waterway and road transport. In this regard, attention should be drawn to the provisions of Article 11 of Decision 1692/96 of the Parliament and the Council concerning intermodal connections between inland waterways, industrial regions and ports.
Amendment 114 #
Proposal for a regulation Recital 3 a (new) (3a) A high level of simplification of customs procedures can represent a major economic advantage for a port in terms of competitiveness. In order to avoid unfair competition of ports and reduce customs formalities which might seriously harm the Union's financial interests, port authorities must include a proper and effective risk-based policy approach in order to avoid distortion of competition. These procedures should be effectively monitored on a regular basis by the Commission and the Member States, and the Commission should evaluate, if needed, to take appropriate measures to tackle unfair competition.
Amendment 115 #
Proposal for a regulation Recital 3 a (new) (3 a) In accordance with Protocol 26 of the Treaty on the Functioning of the European Union the provisions of this Regulation should not affect in any way the competence of Member States to provide, commission and organise the activities or services mentioned in this Regulation as non-economic services of general interest. Consequently Member States and public authorities should retain the power to organise those services or activities either as economic or as non- economic activities.
Amendment 116 #
Proposal for a regulation Recital 4 (4)
Amendment 117 #
Proposal for a regulation 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
Amendment 118 #
Proposal for a regulation 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 only apply to the
Amendment 119 #
Proposal for a regulation Recital 4 (4) The overwhelming majority of Union maritime traffic transits through the seaports of the trans-European transport
Amendment 120 #
Proposal for a regulation Recital 4 a (new) (4a) This Regulation does not impose a specific port management model to the managing bodies of ports. Provided that the existing rules concerning financial transparency and market access are respected, the existing port management models which are established at national level in the Member States, can be maintained in accordance with Protocol 26 the Treaty on the Functioning of the European Union, especially arrangements under which a Member State assigns its port management competences and responsibilities in the execution of the public prerogatives to decentralised managing bodies that stay under its supervision.
Amendment 121 #
Proposal for a regulation Recital 4 a (new) (4a) This Regulation does not impose a specific port management model to the managing bodies of ports. Provided that rules relating to market access and financial transparency are respected, existing port management models established at national level in the Member States can be maintained in accordance with Protocol 26 the Treaty on the Functioning of the European Union, in particular arrangements under which a Member State assigns its port management competences and responsibilities in the execution of the public prerogatives to decentralised managing bodies that stay under its supervision.
Amendment 122 #
Proposal for a regulation Recital 4 a (new) (4a) This Regulation does not impose a specific port management model to the managing bodies of ports. Provided that rules relating to market access and financial transparency are respected, existing port management models established at national level in the Member States can be maintained.
Amendment 123 #
Proposal for a regulation Recital 4 a (new) (4a) This Regulation does not impose a specific port management model to the managing bodies of ports. Provided that rules relating to market access and financial transparency are respected, existing port management models established at national level in the Member States can be maintained
Amendment 124 #
Proposal for a regulation Recital 5 Amendment 125 #
Proposal for a regulation Recital 5 Amendment 126 #
Proposal for a regulation Recital 5 Amendment 127 #
Proposal for a regulation Recital 5 (5) The objective of Article 56 of the Treaty on the Functioning of the European Union is to eliminate restrictions on freedom to provide services in the Union. In accordance with Article 58 of the Treaty on the Functioning of the European Union
Amendment 128 #
Proposal for a regulation Recital 5 a (new) (5a) In accordance with Protocol 26 of the Treaty on the Functioning of the European Union the provisions of this regulation should not affect in any way the competence of Member States to provide, commission and organise the activities or services mentioned in this regulation as non-economic services of general interest. Consequently Member States and public authorities should retain the power to organise those services or activities either as economic or as non- economic activities.
Amendment 129 #
Proposal for a regulation Recital 5 a (new) (5a) In accordance with Protocol 26 of the Treaty on the Functioning of the European Union the provisions of this Regulation should not affect in any way the competence of Member States to provide, commission and organise the activities or services mentioned in this regulation as non-economic services of general interest.
Amendment 130 #
Proposal for a regulation Recital 6 Amendment 131 #
Proposal for a regulation Recital 6 Amendment 132 #
Proposal for a regulation Recital 6 (6) The self-provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of Member States for safety or social reasons. The stakeholders consulted by the Commission when preparing its proposal highlighted that imposing a generalised allowance of the self-provision of service at Union level would require additional rules on safety and social issues in order to avoid possible negative impacts in these areas. It
Amendment 133 #
Proposal for a regulation Recital 6 (6) The self-provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of Member States for safety or social reasons. The stakeholders consulted by the Commission when preparing its proposal highlighted that imposing a generalised allowance of the self-provision of service at Union level would require additional rules on safety and social issues in order to avoid possible negative impacts in these areas. It
Amendment 134 #
Proposal for a regulation Recital 6 (6) The self-provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of Member States for safety or social reasons. The stakeholders consulted by the Commission when preparing its proposal highlighted that imposing a generalised allowance of the self-provision of service at Union level would require additional rules on safety and social issues in order to avoid possible negative impacts in these areas. It appears therefore appropriate
Amendment 135 #
Proposal for a regulation Recital 7 Amendment 136 #
Proposal for a regulation 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,
Amendment 137 #
Proposal for a regulation 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
Amendment 138 #
Proposal for a regulation 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
Amendment 139 #
Proposal for a regulation 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,
Amendment 140 #
Proposal for a regulation Recital 7 a (new) (7a) Each service provider, and especially one that is a new market entrant, should apply the relevant provisions and rules including applicable labour laws and applicable collective agreements.
Amendment 141 #
Proposal for a regulation Recital 7 a (new) (7a) Each service provider, and especially one that is a new market entrant, should demonstrate its ability to serve a minimum number of vessels, established by the managing body of the port, 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 142 #
Proposal for a regulation Recital 7 a (new) (7a) Each service provider, and especially one that is a new market entrant should apply the relevant provisions and rules including applicable labour laws, applicable collective agreements.
Amendment 143 #
Proposal for a regulation Recital 9 (9)
Amendment 144 #
Proposal for a regulation Recital 10 Amendment 145 #
Proposal for a regulation Recital 10 Amendment 146 #
Proposal for a regulation Recital 10 a (new) (10a) 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 147 #
Proposal for a regulation Recital 11 (11) Any intention to limit the number of port service providers, and a justification for that limitation, should be published in advance by the Member State, competent authority
Amendment 148 #
Proposal for a regulation Recital 11 a (new) (11a) Pilotage is a service of general interest performed in ports. It ensures maritime safety and security are safeguarded, as is shipping, and that the marine environment is protected. Moreover and by virtue of the Directive on port State control (2009/16/EC) it is the responsibility of port pilots to inform the port authority concerned of any potential defects in ships entering port which may prejudice the safe navigation of the ship or pose a threat to the marine environment. Therefore, the number of operators providing this port service should be limited in order to provide an essential nautical public service which is independent of commercial interests so that public safety and the safety of port waters may be maintained.
Amendment 149 #
Proposal for a regulation Recital 12 (12)
Amendment 150 #
Proposal for a regulation Recital 12 (12)
Amendment 151 #
Proposal for a regulation Recital 13 Amendment 152 #
Proposal for a regulation Recital 13 Amendment 153 #
Proposal for a regulation Recital 13 (13) The
Amendment 154 #
Proposal for a regulation Recital 14 (14) The recourse to public service obligations
Amendment 155 #
Proposal for a regulation Recital 14 a (new) (14a) While public service obligations may be defined and designated by national authorities, a general obligation set by national or European legislation for a port to accept any vessel physically capable of entering and mooring without discrimination or hindrance should not be understood to be a public service obligation for the purposes of this Regulation.
Amendment 156 #
Proposal for a regulation Recital 14 a (new) (14a) While public service obligations are defined and designated by national authorities, a general obligation set by national or European legislation for a port to accept any vessel physically capable of entering and mooring without discrimination or hindrance should not be understood to be a public service obligation for the purposes of this Regulation.
Amendment 157 #
Proposal for a regulation Recital 15 Amendment 158 #
Proposal for a regulation Recital 15 (15)
Amendment 159 #
Proposal for a regulation 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.
Amendment 160 #
Proposal for a regulation Recital 17 Amendment 161 #
Proposal for a regulation Recital 17 (17) The managing body of the port should not discriminate, except with regard to the principle of national preference, between providers of port services, in particular in favour of an undertaking or body in which it holds an interest.
Amendment 162 #
Proposal for a regulation Recital 18 (18) The managing body of the port or 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 seaports in the territory of a Member State, the Commission should be informed. In the cases where the competent authorities
Amendment 163 #
Proposal for a regulation Recital 18 (18) The Member State or competent public authorit
Amendment 164 #
Proposal for a regulation Recital 18 (18) The managing body of the port concerned 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
Amendment 165 #
Proposal for a regulation 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 employed by the competent authority or commissioned by the competent authority.
Amendment 166 #
Proposal for a regulation 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
Amendment 167 #
Proposal for a regulation 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
Amendment 168 #
Proposal for a regulation 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
Amendment 169 #
Proposal for a regulation 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, provided that these rules are in line with the EU Treaty rules. 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 170 #
Proposal for a regulation Recital 19 (19) Member States should retain the full power to ensure an adequate level of social protection for the staff of undertakings providing port services. This Regulation sh
Amendment 171 #
Proposal for a regulation 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.
Amendment 172 #
Proposal for a regulation Recital 19 a (new) (19a) Developments in the maritime industry, such as the increasing size of vessels and overcapacity, aggravate the already fluctuating demand for dockworkers. In many ports this has resulted in an increase of casual work arrangements, which lead to precarious and unsocial working conditions. The Member States, together with the social partners, may take measures to promote employment continuity and social protection.
Amendment 173 #
Proposal for a regulation Recital 19 a (new) (19a) In a highly complex, and competitive sector such as port services, training of new recruits as well as lifelong training of staff are essential for ensuring port worker's health and safety, quality of services and competitiveness of EU ports. Relevant training should be provided to 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 port workers, to minimise the risk of accidents and take into consideration the future needs of the sector in light of technological and logistical changes imposed by customers' demand.
Amendment 174 #
Proposal for a regulation 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 175 #
Proposal for a regulation 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 176 #
Proposal for a regulation Recital 19 a (new) (19a) In a highly complex, and competitive sector such as port services, training of new recruits as well as lifelong training of staff are essential for ensuring port worker's health and safety, as quality of services and competitiveness of EU ports. Relevant training should be provided to 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 port workers, to minimise the risk of accidents and take into consideration the future needs of the sector in light of technological and logistical changes imposed by customers' demand.
Amendment 177 #
Proposal for a regulation 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 dockworkers. In many ports this has resulted in an increase of casual work arrangements, which lead to precarious and unsocial working conditions. The Member States, together with the social partners, shall take measures to ensure employment continuity and social protection, despite the fluctuations in demand for dock 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 178 #
Proposal for a regulation Recital 19 b (new) (19b) Automation and technological innovation offer the opportunity to significantly improve efficiency and safety of ports. Before introduction of significant changes, employers should consult port workers´ unions in order to guarantee the necessary training and re- training and to find shared solutions to reduce any negative effect of such progresses on occupational health and safety and employability. Public authorities and management bodies should be consulted as appropriate, whenever they are involved in automation, innovation and expansion plans.
Amendment 179 #
Proposal for a regulation Recital 19 b (new) (19b) In accordance with the rules of the Treaty all models 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 180 #
Proposal for a regulation Recital 19 b (new) (19b) The European port sector is facing certain challenges that can impact both its competitiveness and social dimension. These challenges are: the ever increasing size of ships, the competition from non- EU ports, increasing market power as a result of alliances between shipping lines, the need to timely negotiate new working patterns and provide adequate training for technological innovation and minimise its social impact, the growing volumes which are more and more clustered, the lack of adequate investments on hinterland infrastructures, the removal of administrative barriers to the internal market, the changing energy landscape and the growing societal and environmental pressure. The Member States, together with the social partners, should address these challenges with the aim to safeguard both the competitiveness of the sector and the good working conditions in ports.
Amendment 181 #
Proposal for a regulation Recital 19 c (new) (19c) Automation and technological innovation should be dealt with in a timely manner by the employers and employees together, in order to guarantee the necessary training and retraining and to find shared solutions to give the employees the chances to acquire the necessary skills to perform their tasks in a secure and highly professional way. Public authorities and management bodies should be consulted as appropriate, whenever they are involved in automation, innovation and expansion plans.
Amendment 182 #
Proposal for a regulation Recital 20 Amendment 183 #
Proposal for a regulation Recital 20 Amendment 184 #
Proposal for a regulation Recital 20 (20)
Amendment 185 #
Proposal for a regulation Recital 20 (20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of
Amendment 186 #
Proposal for a regulation Recital 20 (20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of
Amendment 187 #
Proposal for a regulation Recital 20 (20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of public concession contracts or other types of contracts. Th
Amendment 188 #
Proposal for a regulation Recital 20 (20)
Amendment 189 #
Proposal for a regulation 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 190 #
Proposal for a regulation Recital 21 a (new) (21a) The Connecting Europe Facility provides that ports in the Trans-European Transport Network may benefit from EU subsidies during the forthcoming 2014- 2020 period. Furthermore, the Commission intends to set up a revised framework on state aid to ports and given that the new Directive on Concessions establishes likewise a new legislative framework which will also affect port services provided under a concession agreement, strict rules on the transparency of financial flows need to be introduced in this Regulation to prevent unfair competition between ports in the Union or dumping.
Amendment 191 #
Proposal for a regulation Recital 22 a (new) Amendment 192 #
Proposal for a regulation Recital 22 a (new) (22a) The Commission should, in writing, clarify the notion of State aid regarding the financing of seaports and port infrastructure and should carry on with enforcing principles of state aid to ensure fair competition.
Amendment 193 #
Proposal for a regulation Recital 22 a (new) (22a) 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 194 #
Proposal for a regulation Recital 22 a (new) (22 a) The Commission should, in writing, clarify the notion of State aid with regard to the financing of port infrastructures, taking into consideration that the exploitation of a port is an economic activity and public access and defence infrastructure have a non-economic nature by their predominant public goal.
Amendment 195 #
Proposal for a regulation Recital 22 a (new) (22 a) The Commission should, in writing, clarify the notion of State aid with regard to the financing of port infrastructure, taking into consideration that the exploitation of a port is an economic activity and public access and defence infrastructure have a non-economic nature by their predominant public goal.
Amendment 196 #
Proposal for a regulation Recital 22 b (new) (22 b) The Commission should, in consultation with the ports sector, clearly identify which public financing of road, rail and marine access fall under Commission Regulation (EU) No 651/2014 (General Block Exemption Regulation).
Amendment 197 #
Proposal for a regulation Recital 23 Amendment 198 #
Proposal for a regulation 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
Amendment 199 #
Proposal for a regulation 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
Amendment 200 #
Proposal for a regulation 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 th
Amendment 201 #
Proposal for a regulation 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
Amendment 202 #
Proposal for a regulation Recital 23 (23) Port service charges applied by providers of port services which are not
Amendment 203 #
Proposal for a regulation Recital 24 Amendment 204 #
Proposal for a regulation Recital 24 (24) In order to be efficient, the port infrastructure charges of each individual port should be set in a transparent and autonomous way in accordance with national port's policy and/or that port's own commercial and investment strategy.
Amendment 205 #
Proposal for a regulation Recital 24 a (new) (24a) This Regulation should not interfere with the rights, where applicable, of the ports and their customers to agree commercially on confidential discounts. This Regulation is not intended to require the disclosure to the public or to third parties of any such discounts.
Amendment 206 #
Proposal for a regulation Recital 25 Amendment 207 #
Proposal for a regulation Recital 25 (25) The
Amendment 208 #
Proposal for a regulation Recital 26 (26) Adequate facilities should be in place to ensure that
Amendment 209 #
Proposal for a regulation Recital 26 (26)
Amendment 210 #
Proposal for a regulation Recital 27 Amendment 211 #
Proposal for a regulation Recital 27 (27) In order to ensure the proper and effective application of this Regulation,
Amendment 212 #
Proposal for a regulation Recital 27 (27) In order to ensure th
Amendment 213 #
Proposal for a regulation Recital 28 (28)
Amendment 214 #
Proposal for a regulation Recital 28 (28) The different bodies providing independent supervis
Amendment 215 #
Proposal for a regulation Recital 28 (28) The different bodies providing independent supervis
Amendment 216 #
Proposal for a regulation Recital 28 (28)
Amendment 217 #
Proposal for a regulation Recital 28 (28)
Amendment 218 #
Proposal for a regulation Recital 28 a (new) (28a) Port labour relations have a large influence on the working of the ports. Therefore the sectoral Social Dialogue Committee for ports gives the social partners a framework to establish results regarding work organisation and working conditions, such as health and safety, training and qualifications, EU policy on low sulphur fuels, attractiveness of the sector to young workers and female workers.
Amendment 219 #
Proposal for a regulation Recital 28 a (new) (28a) Port labour relations have a large influence on the working of the ports. Therefore the sectoral Social Dialogue Committee for ports gives the social partners a framework to establish results regarding issues such as improved working conditions, occupational health and safety, training and qualifications. The Commission should facilitate the negotiations, support and monitor them closely. The social partners should be encouraged to report on progress on time so that the progress can be taken into account by the Commission when reporting on the effect of this Regulation.
Amendment 220 #
Proposal for a regulation Recital 29 Amendment 221 #
Proposal for a regulation Recital 29 Amendment 222 #
Proposal for a regulation Recital 29 Amendment 223 #
Proposal for a regulation Recital 29 Amendment 224 #
Proposal for a regulation Recital 29 (29) In order to
Amendment 225 #
Proposal for a regulation Recital 29 (29) In order to
Amendment 226 #
Proposal for a regulation Recital 30 Amendment 227 #
Proposal for a regulation Recital 30 Amendment 228 #
Proposal for a regulation Recital 30 Amendment 229 #
Proposal for a regulation Recital 30 Amendment 230 #
Proposal for a regulation 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, 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. European Union ports should be protected towards third countries ports which are not subject to the same organisation and operation criteria of this Regulation.
Amendment 231 #
Proposal for a regulation 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, international and cross-border nature of port and related maritime business
Amendment 232 #
Proposal for a regulation Article 1 – paragraph 1 – point a Amendment 233 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) a clear framework for
Amendment 234 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) common rules on the financial transparency
Amendment 235 #
Proposal for a regulation 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 236 #
Proposal for a regulation Article 1 – paragraph 1 point a a (new) (aa) a framework for the protection and recognition of safety, environmental and labour standards and Social Dialogue in the port services industry;
Amendment 237 #
Proposal for a regulation Article 1 – paragraph 2 – introductory part 2. This Regulation shall apply to the provision of the following categories of port services, when organised as economic activities, either inside the port area or on the waterway access to and from the ports
Amendment 238 #
Proposal for a regulation Article 1 – paragraph 2 – introductory part 2. This Regulation shall apply to the provision of the following categories of
Amendment 240 #
Proposal for a regulation Article 1 – paragraph 2 – point b Amendment 250 #
Proposal for a regulation Article 1 – paragraph 2 – point d (d) Mooring and unmooring;
Amendment 256 #
Proposal for a regulation Article 1 – paragraph 2 a (new) 2a. Article 12(2) shall also apply to dredging.
Amendment 257 #
Proposal for a regulation Article 1 – paragraph 3 3. This Regulation shall apply to all seaports of the trans-European transport core network, as defined in Annex I of Regulation XXX [regulation on the TEN-T
Amendment 258 #
Proposal for a regulation 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
Amendment 259 #
Proposal for a regulation Article 1 – paragraph 3 3. This Regulation shall apply to all seaports of the trans-European transport network, as
Amendment 260 #
Proposal for a regulation 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] and whose total annual freight volume is greater than 0.1% of total annual freight transiting through all EU seaports.
Amendment 261 #
Proposal for a regulation Article 1 – paragraph 3 3. This Regulation shall apply to all
Amendment 262 #
Proposal for a regulation Article 1 – paragraph 3 a (new) 3a. This Regulation is without prejudice to Directive 2014/23/EU [concession], Directive 2014/25/EU [public utilities] and Directive 2014/24/EU [public procurement]
Amendment 263 #
Proposal for a regulation Article 1 – paragraph 3 a (new) 3a. Member States have the possibility to decide not to apply this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions as referred to in Article 349 TFEU. When Member States decide not to apply this Regulation to such maritime ports, they shall notify their decision to the Commission.
Amendment 264 #
Proposal for a regulation Article 1 – paragraph 3 b (new) 3b. This Regulation is without prejudice to the principle of freedom to provide services as foreseen in the Articles 56 and 58 of the TFEU.
Amendment 265 #
Proposal for a regulation Article 1 – paragraph 4 Amendment 266 #
Proposal for a regulation Article 1 – paragraph 4 4. Member States may also apply this Regulation to other
Amendment 267 #
Proposal for a regulation Article 1 – paragraph 4 4. Member States may also apply this Regulation to other seaports.
Amendment 268 #
Proposal for a regulation Article 1 – paragraph 4 a (new) 4a. Member States may decide not to apply this Regulation to seaports where neither the managing body of the port nor the competent authority is in receipt of public funds. These public funds shall be as defined in Article 12(3) but shall exclude existing European wide programmes. Member States shall inform the European Commission of their decision.
Amendment 269 #
Proposal for a regulation Article 1 – paragraph 4 a (new) 4a. Member States may also apply this Regulation to other port services in which case they shall notify their Decision to the Commission.
Amendment 270 #
Proposal for a regulation Article 1 – paragraph 4 a (new) 4a. Member States may apply this Regulation to additional port services in which case they have to notify their decision to the Commission.
Amendment 271 #
Proposal for a regulation Article 1 – paragraph 4 a (new) 4a. Member States may also apply this Regulation to other port services. In this case, they shall notify the Commission of their decision.
Amendment 272 #
Proposal for a regulation 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 273 #
Proposal for a regulation 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 established by the Member State, warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 274 #
Proposal for a regulation Article 2 – point 2 2.
Amendment 275 #
Proposal for a regulation 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 276 #
Proposal for a regulation 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 277 #
Proposal for a regulation 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, lashing, stowing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 278 #
Proposal for a regulation 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, stowing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 279 #
Proposal for a regulation 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 warehousing, stripping, repackaging or any other value added services related to
Amendment 280 #
Proposal for a regulation 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, lashing, unlashing, securing transporting and temporary
Amendment 281 #
Proposal for a regulation Article 2 – point 2 a (new) 2 a. ‘competent authority’ means any public competent authority or group of public competent authorities of a Member State or Member States, under whose jurisdiction a port or ports are established;
Amendment 282 #
Proposal for a regulation Article 2 – point 2 a (new) 2 a. ‘competent authority’ means any public or private body which, on behalf of a regional or national level, is entitled to carry out under national law or regulations activities related to the organisation and management of port activities in a seaport, in conjunction with or alternatively to the managing body of the port;
Amendment 283 #
Proposal for a regulation Article 2 – point 2 a (new) 2 a. ‘competent authority’ means any public or private body which, on behalf of a regional or national administrative level, is entitled to perform under national law or regulations activities related to the organisation and management of port activities in a seaport, in conjunction with or alternatively to the managing body of the port;
Amendment 284 #
Proposal for a regulation 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 285 #
Proposal for a regulation Article 2 – 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 286 #
Proposal for a regulation Article 2 – point 4 Amendment 287 #
Proposal for a regulation Article 2 – point 5 5. "managing body of the port" means any public or private body which, whether or not in conjunction with other activities, has as its objective under national law or instruments
Amendment 288 #
Proposal for a regulation Article 2 – point 5 5. ‘managing body of the port’ means any public or private body which, whether or not in conjunction with other activities, has as its
Amendment 289 #
Proposal for a regulation Article 2 – point 5 5. ‘managing body of the port’ means any public or private body which, whether or not in conjunction with other activities, has as its
Amendment 290 #
Proposal for a regulation Article 2 – point 6 6. ‘mooring’ means the
Amendment 291 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6. ‘mooring’ means the
Amendment 292 #
Proposal for a regulation Article 2 – point 6 6. ‘mooring’ means the
Amendment 293 #
Proposal for a regulation Article 2 – point 6 6. ‘mooring’ means the
Amendment 294 #
Proposal for a regulation Article 2 – point 6 6. "mooring" means the safe berthing and un-
Amendment 295 #
Proposal for a regulation Article 2 – point 6 6. "
Amendment 296 #
Proposal for a regulation Article 2 – point 6 6. "
Amendment 297 #
Proposal for a regulation Article 2 – point 6 6. "mooring and unmooring" means the berthing and un-
Amendment 298 #
Proposal for a regulation Article 2 – point 8 8. ‘pilotage’ means the guidance service of a waterborne vessel by a pilot or a pilotage station in order to allow for a safe entry or exit of the waterborne vessel in the waterways access to the seaport or safe navigation within the port;
Amendment 299 #
Proposal for a regulation Article 2 – point 8 8. ‘pilotage’ means the guidance service of a waterborne vessel by a pilot or a pilotage station in order to allow for a safe entry or exit of the waterborne vessel in the waterways access to the seaport or safe navigation within the seaport;
Amendment 300 #
Proposal for a regulation Article 2 – point 9 9. ‘port infrastructure charge’ means a
Amendment 301 #
Proposal for a regulation Article 2 – point 9 9. ‘port infrastructure charge’ means a
Amendment 302 #
Proposal for a regulation Article 2 – 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 infrastructures, facilities and services that allow vessels entry and exit in and out of the port, including the waterways giving access to th
Amendment 303 #
Proposal for a regulation Article 2 – point 12 12. "port service contract" means a formal and legally binding agreement between a provider of port service and
Amendment 304 #
Proposal for a regulation Article 2 – point 12 12. ‘port service contract’ means a formal and legally binding
Amendment 305 #
Proposal for a regulation Article 2 – point 12 12. ‘port service contract’ means a formal and legally binding
Amendment 306 #
Proposal for a regulation Article 2 – point 13 13. ‘provider of port services’ means any natural or legal person providing, or wishing to provide, for remuneration, one or more categories of port services
Amendment 307 #
Proposal for a regulation Article 2 – point 13 13. ‘provider of port services’ means any natural or legal person providing, or wishing to provide, for remuneration, one or more categories of port services
Amendment 308 #
Proposal for a regulation Article 2 – point 16 16. ‘seaport’ means a
Amendment 309 #
Proposal for a regulation Article 2 – point 16 16. ‘seaport’ means a
Amendment 310 #
Proposal for a regulation Article 2 – point 16 16. ‘seaport’ means a
Amendment 311 #
Proposal for a regulation Article 2 – point 17 17. ‘towage’ means the assistance to a waterborne vessel by means of a tug in order to allow for a safe entry or exit of the seaport or safe navigation within the seaport by providing assistance to the manoeuvring of the waterborne vessel;
Amendment 312 #
Proposal for a regulation Article 2 – point 17 17. ‘towage’ means the assistance to a waterborne vessel by means of a tug in order to allow for a safe entry or exit of the seaport or safe navigation within the seaport by providing assistance to the manoeuvring of the waterborne vessel;
Amendment 313 #
Proposal for a regulation Article 2 – point 18 18. ‘waterway access to a port’ means water access to the port from the open sea, such as port approaches, fairways, rivers, sea canals and fjords, if such a waterway falls within the legal competence of the managing body of the port or a competent authority.
Amendment 314 #
Proposal for a regulation Article 2 – point 18 18. ‘waterway access
Amendment 315 #
Proposal for a regulation Article 2 – point 18 18. ‘waterway access
Amendment 316 #
Proposal for a regulation Article 2 – point 18 a (new) 18a. General infrastructure: all access and defence infrastructure that provides sea or land access to port infrastructure, that benefits a wider region and that does not result in any specific advantage for one or more identifiable port users within a bigger group of port users.
Amendment 317 #
Proposal for a regulation Article 2 – point 18 a (new) 18a. 'general infrastructure’ means all access and defence infrastructure that provides land or sea access to port infrastructure, that is beneficial for a wider region and that doesn't result in any specific advantage for one or more identifiable port users within a larger group of port users.
Amendment 318 #
Proposal for a regulation Article 2 – point 18 a (new) 18a. “port infrastructure” means port water areas, as well as landside facilities, installations and equipment connected with the functioning of the port and intended for use by the managing body of the port in carrying out tasks, which are located within the boundaries of the port or of the sea harbour.
Amendment 319 #
Proposal for a regulation Article 2 – point 18 b (new) 18b. Port infrastructure means the project related infrastructure and facilities commercially exploited by port users that generate a direct income for the port managing body including berths used for the mooring of ships (quay walls, jetties and floating pontoon ramps in tidal areas).
Amendment 320 #
Proposal for a regulation Article 2 – point 18 b (new) 18b. ‘port infrastructure’ means the project related infrastructure and facilities, commercially exploited by port users, that generates a direct income for the port managing body including berths used for the mooring of ships (quay walls, jetties and floating pontoon ramps in tidal areas);
Amendment 321 #
Proposal for a regulation Article 2 – point 18 c (new) 18c. ‘port superstructure’ means the surface arrangements, buildings (warehouses, workshops, office buildings), as well as mobile and fixed equipment.
Amendment 322 #
Proposal for a regulation Article 2 – point 18 c (new) 18c. ‘port superstructure’ means the surface arrangements, buildings (warehouses, workshops, office buildings), as well as mobile and fixed equipment.
Amendment 325 #
Proposal for a regulation Article 3 Amendment 326 #
Proposal for a regulation Article 3 Amendment 327 #
Proposal for a regulation Article 3 Amendment 329 #
Proposal for a regulation Article 3 – paragraph 1 1. Freedom to provide services in seaports covered by this Regulation shall apply to the providers of port services
Amendment 330 #
Proposal for a regulation Article 3 – paragraph 1 1. Freedom to provide services in
Amendment 331 #
Proposal for a regulation Article 3 – paragraph 1 1.
Amendment 332 #
Proposal for a regulation Article 3 – paragraph 1 a (new) 1a. When organising the port services as foreseen in paragraph 1 the managing body of the port or the competent authority shall respect the conditions set out in this Chapter.
Amendment 333 #
Proposal for a regulation Article 3 – paragraph 2 2.
Amendment 334 #
Proposal for a regulation Article 3 – paragraph 2 2.
Amendment 335 #
Proposal for a regulation Article 3 Amendment 336 #
Proposal for a regulation Article 4 Amendment 337 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 338 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 339 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 340 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 341 #
Proposal for a regulation Article 4 – paragraph 1 1.
Amendment 342 #
Proposal for a regulation Article 4 – paragraph 1 a (new) Amendment 343 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. The minimum requirements provided for in paragraph 1 may
Amendment 344 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. The minimum requirements provided for in paragraph 1
Amendment 345 #
Proposal for a regulation Article 4 – paragraph 2 – point b (b) the equipment needed to provide the relevant port service in normal and safe conditions
Amendment 346 #
Proposal for a regulation Article 4 – paragraph 2 – point b (b) the equipment needed to provide the relevant port service
Amendment 347 #
Proposal for a regulation 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, workers and persons;
Amendment 348 #
Proposal for a regulation Article 4 – paragraph 2 – point c a (new) (c a) social requirements, including but not limited to health and safety obligations, fair terms of employment, decent living and working conditions including social protection and professional training, and the respect of collective bargaining agreements.
Amendment 349 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (da) the availability of port service to all users;
Amendment 350 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (da) the availability of the port service to all users;
Amendment 351 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (d a) the availability of the service to all users;
Amendment 352 #
Proposal for a regulation Article 4 – paragraph 2 – point d b (new) (db) the availability of the service without interruption during the day, the night, the week and the year;
Amendment 353 #
Proposal for a regulation Article 4 – paragraph 2 – point d b (new) (db) the availability of the service without interruption during the day, the night, the week and the year;
Amendment 354 #
Proposal for a regulation 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 355 #
Proposal for a regulation 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 356 #
Proposal for a regulation 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 357 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (da) the compliance with social and labour laws, including applicable collective agreements, and agreements on the protection of health and safety of workers;
Amendment 358 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (d a) the continuity of the service.
Amendment 359 #
Proposal for a regulation Article 4 – paragraph 2 – point d a (new) (da) the compliance with national social standards;
Amendment 360 #
Proposal for a regulation 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, with standards set by collective bargaining agreements and with agreements to protect health and safety, including accidental prevention.
Amendment 361 #
Proposal for a regulation Article 4 – paragraph 2 – point d b (new) (db) the financial capacity to provide the port service.
Amendment 362 #
Proposal for a regulation Article 4 – paragraph 2 – point d c (new) (dc) the compliance with social and labour legislation of the Member States.
Amendment 363 #
Proposal for a regulation Article 4 – paragraph 3 a (new) Amendment 364 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 365 #
Proposal for a regulation Article 4 – paragraph 4 Amendment 366 #
Proposal for a regulation Article 4 – paragraph 4 4. Where the minimum requirements include specific local knowledge or acquaints with local conditions, the managing body of the port shall ensure that adequate access to relevant
Amendment 367 #
Proposal for a regulation 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
Amendment 368 #
Proposal for a regulation Article 4 – paragraph 5 a (new) 5a. When a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls, the competent national authority shall exercise the powers provided for in paragraph 1.
Amendment 369 #
Proposal for a regulation Article 5 – paragraph 1 1. The managing body of the port or the competent authority shall treat providers of port services equally and shall act in a transparent, objective, non-discriminatory and proportionate manner.
Amendment 370 #
Proposal for a regulation 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
Amendment 371 #
Proposal for a regulation Article 5 – paragraph 2 2. The managing body of the port or the competent authority shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with Article 4 within
Amendment 372 #
Proposal for a regulation 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
Amendment 373 #
Proposal for a regulation Article 5 – paragraph 2 2. The managing body of the port or the competent authority shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with Article 4 within
Amendment 374 #
Proposal for a regulation 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 for a period up to five years. Any refusal shall be duly justified on the basis of objective, transparent, non- discriminatory and proportionate criteria.
Amendment 375 #
Proposal for a regulation 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
Amendment 376 #
Proposal for a regulation 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 in full a request for the granting of such a right. Any refusal shall be duly justified on the basis of objective, transparent, non-
Amendment 377 #
Proposal for a regulation Article 6 Amendment 378 #
Proposal for a regulation Article 6 Amendment 379 #
Proposal for a regulation Article 6 – paragraph 1 Amendment 380 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. By way of derogation from Article 3, the managing body of the port or the competent authority may limit the number of providers of port services for a given port service for one or several of the following reasons:
Amendment 381 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1.
Amendment 382 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1.
Amendment 383 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1.
Amendment 384 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) the scarcity or reserved use of land provided that the
Amendment 385 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) the scarcity or reserved use of land or navigable space, provided that the managing body can demonstrate that the land constitutes an essential port facility to provide the port service and that the limitation is in accordance with the
Amendment 386 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) the scarcity or reserved use of land
Amendment 387 #
Proposal for a regulation 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 a
Amendment 388 #
Proposal for a regulation Article 6 – paragraph 1 – point a (a) the scarcity or reserved use of land provided that the
Amendment 389 #
Proposal for a regulation Article 6 – paragraph 1 – point a a (new) (aa) to ensure the availability of the service without interruption during the day, night, week and year and the availability of the port service to all users;
Amendment 390 #
Proposal for a regulation Article 6 – paragraph 1 – point a a (new) (aa) to ensure compliance with minimum service requirements as provided for under Articles 4 and 5.
Amendment 391 #
Proposal for a regulation Article 6 – paragraph 1 – point a a (new) (aa) Having regard to the existing different models for the organisation of port services, in the cases referred to in Article 9, where the internal operator carries out an activity directly exposed to effective competition, the remaining provisions of this Article shall not apply;
Amendment 392 #
Proposal for a regulation Article 6 – paragraph 1 – point a a (new) (aa) the need to ensure the provision of safe, secure or environmentally sustainable port operations;
Amendment 393 #
Proposal for a regulation Article 6 – paragraph 1 – point a a (new) (aa) the need to ensure the health and safety of workers, or the provision of secure or environmentally sustainable port operations;
Amendment 394 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) the characteristics of the traffic do not enable multiple providers of port services to operate in economically satisfactory conditions in the port.
Amendment 395 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) the absence of limitation of the number of service providers 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 396 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) where it has been established pursuant to Article 35 of Directive 2014/25/EU that a port sector or sub- sector within a Member State carries out an activity directly exposed to competition in accordance with Article 34 of that Directive. In such case, paragraphs 2 and 3 of this Article shall not apply.
Amendment 397 #
Proposal for a regulation 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 398 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) In cases provided for in Article 9 (1), whereby the port service provider is considered as an internal operator for the purpose of this Regulation;
Amendment 399 #
Proposal for a regulation 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 400 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) the need to safeguard by means of port pilotage, which is a service of general public interest, maritime safety and security in the port and the safety of shipping in the adjoining urban port area.
Amendment 401 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) 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 402 #
Proposal for a regulation Article 6 – paragraph 1 – point b b (new) (bb) the existence of objective reasons related to competitive conditions
Amendment 403 #
Proposal for a regulation Article 6 – paragraph 1 – point b c (new) (bc) the need to ensure the provision of port operations that are safe, secure, and sustainable in terms of the environment and maritime safety;
Amendment 404 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 a (new) The limitations applied according to paragraph 1 of this Article shall be proportionate to the grounds on which those limitations are put in place.
Amendment 405 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 a (new) Having regard to the existing different models for the organisation of port services, in the cases referred to in Article 9, where the internal operator carries out an activity directly exposed to effective competition, the remaining provisions of this Article shall not apply;
Amendment 406 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 a (new) When the managing body of the port is neither the Member State nor the competent authority, that managing body may limit the number of providers in accordance with paragraph 1 in cases where national legislation so permits.
Amendment 407 #
Proposal for a regulation Article 6 – paragraph 2 Amendment 408 #
Proposal for a regulation Article 6 – paragraph 2 2. The managing body of the port or the competent authority shall publish any proposal to apply paragraph 1 at least
Amendment 409 #
Proposal for a regulation Article 6 – paragraph 2 2.
Amendment 410 #
Proposal for a regulation Article 6 – paragraph 3 Amendment 411 #
Proposal for a regulation Article 6 – paragraph 3 3. The managing body of the port or the competent authority shall publish the adopted decision.
Amendment 412 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. Any limitation of the number of providers for a port service shall follow a transparent procedure. The managing body of the port or the competent authority shall communicate to all interested parties information concerning the procedure and the submission deadline, as well as all relevant award criteria and requirements.
Amendment 413 #
Proposal for a regulation Article 6 – paragraph 3 a (new) 3a. Any limitation of the number of providers for a port service shall follow a selection procedure which shall be open to all interested parties, non- discriminatory and transparent. The managing body of the port or the competent authority shall communicate to all interested parties information concerning the organisation of the selection procedure and the submission deadline, as well as all relevant award criteria and requirements. This paragraph shall not apply in the cases referred to in Article 9.
Amendment 414 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 415 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 416 #
Proposal for a regulation Article 6 – paragraph 4 4. When a managing body of a port
Amendment 417 #
Proposal for a regulation Article 6 – paragraph 4 4. When a managing body of a port or a competent authority provides port services itself or through a legally distinct entity which it directly or indirectly controls, the Member State
Amendment 418 #
Proposal for a regulation Article 6 – paragraph 4 4. When a managing body of a port or a competent authority provides port services itself or through a legally distinct entity which it directly or indirectly controls, the Member State
Amendment 419 #
Proposal for a regulation Article 6 – paragraph 4 4. When a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls, the Member State may entrust the adoption of the decision limiting the number of providers of port services to an authority which is independent from the managing body of the port. If the Member State does not entrust the adoption of the decision limiting the number of providers of port services to such an authority, the number of providers shall not be less than two except if any of the reasons laid down in paragraph 1 justifies a single provider.
Amendment 420 #
Proposal for a regulation Article 6 – paragraph 4 a (new) 4a. Member States may decide that their ports of the comprehensive network which do not meet the criteria in point (b) of Article 20(2) of Regulation (EU) No 1315/2013 may limit the number of service providers for a given port service. In such case, Article 7 of this Regulation shall not apply and the Member States shall inform the Commission thereof.
Amendment 421 #
Proposal for a regulation Article 6 – paragraph 4 a (new) 4a. Member States may decide that their ports of the comprehensive network which do not meet the criteria in point (b) of Article 20(2) of Regulation (EU) No 1315/2013 may limit the number of service providers for a given port service. In such case, the provisions of this Article shall not apply and the Member States shall inform the Commission thereof.
Amendment 422 #
Proposal for a regulation Article 7 Amendment 423 #
Proposal for a regulation Article 7 Amendment 424 #
Proposal for a regulation Article 7 Amendment 425 #
Proposal for a regulation Article 7 Amendment 426 #
Proposal for a regulation Article 7 – title Proce
Amendment 427 #
Proposal for a regulation Article 7 – paragraph 1 1.
Amendment 428 #
Proposal for a regulation Article 7 – paragraph 1 1.
Amendment 429 #
Proposal for a regulation Article 7 – paragraph 1 1. Any limitation of the number of providers for a port service
Amendment 430 #
Proposal for a regulation Article 7 – paragraph 1 a (new) Amendment 431 #
Proposal for a regulation Article 7 – paragraph 1 a (new) 1a. The selection procedure shall fulfil the following conditions:
Amendment 432 #
Proposal for a regulation Article 7 – paragraph 1 a (new) – point a (new) (a) A port service contract notice, containing at least information on the port service to be provided, the award criteria, indications of how the relevant document can be accessed and the address and the time limit for the submission of tenders, shall be published in the Official Journal of the European Union;
Amendment 433 #
Proposal for a regulation Article 7 – paragraph 1 a (new) – point b (new) (b) The minimum time limit for receipt of tenders shall be 30 days from publication of the notice;
Amendment 434 #
Proposal for a regulation Article 7 – paragraph 1 a (new) – point c (new) (c) All technical and functional requirements shall be communicated to interested parties;
Amendment 435 #
Proposal for a regulation Article 7 – paragraph 1 a (new) – point d (new) (d) The award criteria shall not confer an unrestricted freedom of choice on the managing body of the port or the competent authority;
Amendment 436 #
Proposal for a regulation Article 7 – paragraph 1 a (new) – point e (new) (e) The duration of the port service contract shall be limited on the basis of the nature of the purpose of and the investments necessary for the services to which the contract relates.
Amendment 437 #
Proposal for a regulation Article 7 – paragraph 2 Amendment 438 #
Proposal for a regulation Article 7 – paragraph 2 2.
Amendment 439 #
Proposal for a regulation Article 7 – paragraph 3 Amendment 440 #
Proposal for a regulation Article 7 – paragraph 4 Amendment 441 #
Proposal for a regulation Article 7 – paragraph 5 5. For the purposes of this Regulation, a substantial modification
Amendment 442 #
Proposal for a regulation Article 7 – paragraph 5 5. For the purposes of this Regulation, a substantial modification
Amendment 443 #
Proposal for a regulation Article 7 – paragraph 6 Amendment 444 #
Proposal for a regulation Article 7 – paragraph 6 6. Paragraphs 1
Amendment 445 #
Proposal for a regulation Article 7 – paragraph 6 6. Paragraphs 1
Amendment 446 #
Proposal for a regulation Article 7 – paragraph 7 7.
Amendment 447 #
Proposal for a regulation 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 ensure at least one of the following services:
Amendment 448 #
Proposal for a regulation 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 ensure
Amendment 449 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1.
Amendment 450 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1. The Member States
Amendment 451 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1.
Amendment 452 #
Proposal for a regulation Article 8 – paragraph 1 – point a Amendment 453 #
Proposal for a regulation Article 8 – paragraph 1 – point b Amendment 454 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) the availability of the service to all users, where appropriate on equal terms;
Amendment 455 #
Proposal for a regulation Article 8 – paragraph 1 – point b (b) the availability of the service to all users, with an obligation to meet all reasonable demands;
Amendment 456 #
Proposal for a regulation Article 8 – paragraph 1 – point c Amendment 457 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) the safety, security or environmental sustainability of ports operations.
Amendment 458 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) the provision of adequate transport services to the public;
Amendment 459 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) the health and safety of workers and the safety, security or environmental sustainability of ports operations.
Amendment 460 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) territorial cohesion.
Amendment 461 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) minimum measures in relation to maritime and environmental safety, rescue and emergencies.
Amendment 462 #
Proposal for a regulation Article 8 – paragraph 1 – point c b (new) (cb) the compliance with social and labour law, including applicable collective agreements.
Amendment 463 #
Proposal for a regulation Article 8 – paragraph 2 Amendment 464 #
Proposal for a regulation Article 8 – paragraph 2 2. The obligations referred to in paragraph 1 shall be
Amendment 465 #
Proposal for a regulation Article 8 – paragraph 2 2.
Amendment 466 #
Proposal for a regulation Article 8 – paragraph 3 3. The
Amendment 467 #
Proposal for a regulation Article 8 – paragraph 3 3. The Member States shall designate the competent authorities within their territory
Amendment 468 #
Proposal for a regulation Article 8 – paragraph 4 4. When the
Amendment 469 #
Proposal for a regulation Article 8 – paragraph 5 5. If a
Amendment 470 #
Proposal for a regulation 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 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. Collective actions complying with the national legislation of their respective Member State are not considered to be disruptions of port services for which emergency measures can be taken.
Amendment 471 #
Proposal for a regulation 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 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.
Amendment 472 #
Proposal for a regulation 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 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. Collective actions cannot disrupt the services given to port users. Any collective action that may disrupt port services should be subject to emergency measures in order to avoid possible damage to port users.
Amendment 473 #
Proposal for a regulation 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 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. Collective actions should be considered only when all other possible channels of dialogue and possible alternative solutions have been explored to avoid negative impact on port activities. Without prejudice to the right of collective actions as foreseen and regulated in the laws and regulations of the Member States.
Amendment 474 #
Proposal for a regulation 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 guaranteeing compliance with national legislation on social and labour rights, in particular the right to strike. 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 475 #
Proposal for a regulation 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 Member State or competent authority may take an emergency measure. 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,
Amendment 476 #
Proposal for a regulation 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 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
Amendment 477 #
Proposal for a regulation Article 8 – paragraph 6 6.
Amendment 478 #
Proposal for a regulation Article 8 – paragraph 6 6. In the event of a disruption of port services for which public service
Amendment 479 #
Proposal for a regulation 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 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
Amendment 480 #
Proposal for a regulation Article 8 – paragraph 6 – subparagraph 1 (new) Collective actions do not constitute a disruption of port services for which emergency measures can be taken.
Amendment 481 #
Proposal for a regulation Article 8 – paragraph 6 a (new) 6a. Collective actions, including but not limited to strikes, shall not be considered a disruption of port services for which an emergency measure can be taken.
Amendment 482 #
Proposal for a regulation Article 9 Amendment 483 #
Proposal for a regulation Article 9 – paragraph 1 Amendment 484 #
Proposal for a regulation Article 9 – paragraph 1 1.
Amendment 485 #
Proposal for a regulation Article 9 – paragraph 1 1. The managing body of the port or the competent authority itself, or a legally distinct entity over which it exercises a control similar to that exercised over its own departments, may provide a port service without any restrictions, provided that the provisions of article 4 of this Regulation apply equally to all operators providing the service concerned. In such cases, the provider of the port service shall be deemed, for the purpose of this Regulation, to constitute an internal operator. In the cases provided for in Article 6 (1) (b), the managing body of the port or the competent authority may decide either to provide a port service under public service obligations itself or to impose such
Amendment 486 #
Proposal for a regulation Article 9 – paragraph 1 1.
Amendment 487 #
Proposal for a regulation Article 9 – paragraph 1 1.
Amendment 488 #
Proposal for a regulation Article 9 – paragraph 1 1.
Amendment 489 #
Proposal for a regulation Article 9 – paragraph 1 1.
Amendment 490 #
Proposal for a regulation Article 9 – paragraph 1 1. The managing body of the port or the competent authority itself, or a legally distinct entity over which it exercises a control similar to that exercised over its own departments, may provide a port service without any restrictions, provided that the provisions of article 4 of this Regulation apply equally to all operators providing the service concerned. In such cases, the provider of the port service shall be deemed, for the purpose of this Regulation, to constitute an internal operator. In the cases provided for in Article 6 (1) (b), the managing body of the port or the competent authority may decide either to provide a port service under public service obligations itself or to impose such obligations directly on a legally distinct entity over which it exercises a control similar to that exercised over its own departments
Amendment 491 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1a. Where the national legislation of a Member State so permits, the managing body of a port may provide a port service itself or through a legally distinct entity over which it exercises a control similar to that exercised over its own departments. In such a case, the port service provider shall be considered as an internal operator for the purpose of this Regulation.
Amendment 492 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 493 #
Proposal for a regulation Article 9 – paragraph 2 2.
Amendment 494 #
Proposal for a regulation Article 9 – paragraph 2 2. The managing body of the port competent authority shall be
Amendment 495 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 496 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 497 #
Proposal for a regulation Article 9 – paragraph 3 3.
Amendment 498 #
Proposal for a regulation Article 9 – paragraph 3 3.
Amendment 499 #
Proposal for a regulation Article 9 – paragraph 3 3.
Amendment 500 #
Proposal for a regulation Article 9 – paragraph 3 3.
Amendment 501 #
Proposal for a regulation Article 9 – paragraph 3 a (new) 3a. When a managing body of a port carries out dredging in its port area with public funds as referred to Article 12(3), it may not carry out dredging in other port areas.
Amendment 502 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 503 #
Proposal for a regulation Article 9 – paragraph 4 Amendment 504 #
Proposal for a regulation Article 9 – paragraph 4 4. If, without prejudice to Article 8(3), a competent authority decides to apply paragraph 1 in all the seaports covered by this Regulation in a Member State, it shall inform the Commission.
Amendment 505 #
Proposal for a regulation Article 9 – paragraph 4 4. If, without prejudice to Article 8(3), a competent authority decides to apply paragraph 1 in all the seaports covered by this Regulation in a Member State, it shall inform the Commission.
Amendment 506 #
Proposal for a regulation Article 9 – paragraph 5 Amendment 507 #
Proposal for a regulation Article 9 – paragraph 5 Amendment 508 #
Proposal for a regulation Article 10 – paragraph 1 1. This Regulation shall not affect the application of the social and labour rules of the Member States, provided these rules are in conformity with the EU Treaty rules.
Amendment 509 #
Proposal for a regulation Article 10 – paragraph 1 1. This
Amendment 510 #
Proposal for a regulation Article 10 – paragraph 1 1. This Regulation shall not affect the application of the social and labour rules
Amendment 511 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing
Amendment 512 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port or the competent authority may 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 513 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port
Amendment 514 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national
Amendment 515 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to
Amendment 516 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port m
Amendment 517 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners,
Amendment 518 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port may require the designated provider of port services, newly 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 519 #
Proposal for a regulation Article 10 – paragraph 3 3. Where managing bodies of the port or competent authorities require providers of port services to comply with certain 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 520 #
Proposal for a regulation Article 10 – paragraph 3 3.
Amendment 521 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3a. Working arrangement shall ensure the protection and continuation of employment in accordance with Member States rules and applicable collective agreements, and in line with ILO Convention No 137. Member States, in full cooperation with the social partners, shall take actions to ensure a balance between the fluctuation in demand for port work and the continuity and protection of employment.
Amendment 522 #
Proposal for a regulation Article 10 a (new) Amendment 523 #
Proposal for a regulation Article 10 a (new) Article 10a Training 1. The employer shall ensure that its employees receive the necessary training to acquire appropriate knowledge of the conditions in which their work is conducted and that they are properly trained to perform the work. 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. Those guidelines would enable port workers to acquire the necessary skills to perform their tasks and would aim at ensuring 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.
Amendment 524 #
Proposal for a regulation Article 10 a (new) Article 10a Training 1. The employer shall ensure that its employees receive the necessary training to acquire appropriate knowledge of the conditions in which their work is conducted and that they are properly trained to perform the work. 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. Those guidelines would enable port workers to acquire the necessary skills to perform their tasks and would aim at ensuring 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.
Amendment 525 #
Proposal for a regulation 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 526 #
Proposal for a regulation 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 dockworkers. 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. 4. Without prejudice to national law and applicable collective agreements, the employer shall ensure that working time arrangements safeguard the health and safety of its employees and are in line with Directive 2003/88/EC.
Amendment 527 #
Proposal for a regulation Article 10 a (new) Amendment 528 #
Proposal for a regulation Article 11 Amendment 529 #
Proposal for a regulation Article 11 – paragraph 1 Amendment 530 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services
Amendment 531 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to pilotage services and cargo handling
Amendment 532 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to pilotage, cargo handling services and passenger services.
Amendment 533 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to pilotage, cargo handling services and passenger services.
Amendment 534 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to pilotage, cargo handling services
Amendment 535 #
Proposal for a regulation 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
Amendment 536 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services
Amendment 537 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter, with the exception of Articles 4(2), 8(6), 10, and the transitional provisions of Article 24 shall not apply to cargo handling services
Amendment 538 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services
Amendment 539 #
Proposal for a regulation Article 11 – paragraph 1 a1 (new) Amendment 540 #
Proposal for a regulation 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.
Amendment 541 #
Proposal for a regulation Article 11 – paragraph 1 a (new) Amendment 542 #
Proposal for a regulation Article 11 a (new) Article 11a Pilotage Exemption Certificates 1. Member States shall grant Pilotage Exemption Certificates. 2. The requirements set for the Pilotage Exemption Certificates should be transparent, non-discriminatory and not go beyond what is necessary to fulfil the objectives which they pursue.
Amendment 543 #
Proposal for a regulation Article 11 a (new) Amendment 544 #
Proposal for a regulation Article 11 b (new) Article 11b Pilotage Exemption Certificate 1. When safety conditions allow it, Member States shall ensure that Pilotage Exemption Certificates can be granted for regular maritime lines. The criteria to grant such certificates shall be defined by the Member States after a risk assessment and take into account local conditions. 2. The corresponding requirements shall be transparent, non-discriminatory and not go beyond what is necessary to fulfil the objectives which the Pilot Exemption Certificates pursue.
Amendment 545 #
Proposal for a regulation Article 12 – paragraph 1 – introductory part 1. The financial relations between public authorities and a managing body of
Amendment 546 #
Proposal for a regulation 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 547 #
Proposal for a regulation 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 activity and of dredging separate from the accounts of its other activities, in such a way that :
Amendment 548 #
Proposal for a regulation 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 549 #
Proposal for a regulation 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
Amendment 550 #
Proposal for a regulation Article 12 – paragraph 2 – introductory part 2. Where the managing body of
Amendment 551 #
Proposal for a regulation 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
Amendment 552 #
Proposal for a regulation 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 t
Amendment 553 #
Proposal for a regulation 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 554 #
Proposal for a regulation 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 555 #
Proposal for a regulation Article 12 – paragraph 3 3. The public funds referred to in paragraph 1 shall include share capital or quasi-capital funds, non-refundable grants, grants only refundable in certain circumstances, award of loans including overdrafts and advances on capital injections, guarantees given to the managing body of the port by public authorities,
Amendment 556 #
Proposal for a regulation Article 12 – paragraph 3 3. The public funds referred to in paragraph 1 shall include share capital or quasi-capital funds, non-refundable grants, grants only refundable in certain circumstances, award of loans including overdrafts and advances on capital injections, guarantees given to the managing body of the port by public authorities
Amendment 557 #
Proposal for a regulation Article 12 – paragraph 3 3. The public funds referred to in paragraph 1 shall include share capital or quasi-capital funds, non-refundable grants, grants only refundable in certain circumstances, award of loans including overdrafts and advances on capital injections, guarantees given to the managing body of the port by public authorities,
Amendment 558 #
Proposal for a regulation 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
Amendment 559 #
Proposal for a regulation Article 12 – paragraph 5 5. The managing body of the port shall make available to the Commission and the competent
Amendment 560 #
Proposal for a regulation Article 12 – paragraph 5 5. The managing body of the port
Amendment 561 #
Proposal for a regulation Article 12 – paragraph 5 5. The managing body of the port
Amendment 562 #
Proposal for a regulation Article 12 – paragraph 7 a (new) 7a. Member States may decide that paragraph 2 shall not apply to their ports of the comprehensive network which do not meet the criteria in point (b) of Article 20(2) of Regulation (EU) No 1315/2013 in case of disproportionate administrative burdens, provided that any public funds received, and their use for providing port services, remain fully transparent in the accounting system. In such case, the Member States shall inform the Commission thereof in advance.
Amendment 563 #
Proposal for a regulation Article 12 – paragraph 7 a (new) 7a. Public funds, referred to in paragraph 1 and 3 made available to the managing body of the port in order to either partly or entirely finance general infrastructure or port infrastructure stay within the public remit, as long as these infrastructures are managed in a non-commercial way and do not favour one or more identifiable port users within a larger group.
Amendment 564 #
Proposal for a regulation Article 12 – paragraph 7 a (new) 7a. Public funds, referred to in paragraph 1 and 3 made available to the managing body of the port in order to either partly or entirely finance general infrastructure or port infrastructure stay within the public remit, as long as these infrastructures are managed in a non-commercial way and do not favour one or more identifiable port users within a larger group.
Amendment 565 #
Proposal for a regulation Article 12 – paragraph 7 a (new) 7a. Member States may decide that paragraph 2 shall not apply to their ports of the comprehensive network which do not meet the criteria in point (b) of Article 20(2) of Regulation (EU) No 1315/2013 in case of disproportionate administrative burdens, provided that any public funds received, and their use for providing port services, remain fully transparent in the accounting system. In such case, the Member States shall inform the Commission thereof in advance.
Amendment 566 #
Proposal for a regulation Article 12 – paragraph 7 a (new) 7a. Member States will have the possibility to decide that paragraph 2 shall not apply to their ports of the comprehensive network that do not meet the criteria in point (b) of Article 20(2) of Regulation (EU) No 1315/2013 in case of disproportionate administrative burdens, seeing that any public funds received, and their use for providing port services, remain fully transparent in the accounting system. In that case, the Member States shall inform the Commission accordingly in advance.
Amendment 567 #
Proposal for a regulation Article 12 – paragraph 7 a (new) 7a. Member States may decide not to apply the rules on the separation of accounts of paragraph 2 to small ports in the comprehensive network, in cases where they do not meet the criteria set out in Article 20(2)(b) of Regulation (EU) No 1315/2013 and whose traffic do not justify this disproportionate administrative burden. Receipt and use of public funds shall continue be reflected in the accounting system in a transparent way. In such case the Member States shall inform the Commission beforehand.
Amendment 568 #
Proposal for a regulation Article 12 – paragraph 7 b (new) 7b. Public funds made available to the managing body of the port in order to either partly or entirely finance the superstructure fall outside the public remit as they are directly related to the benefit of the individual port user involved.
Amendment 569 #
Proposal for a regulation Article 12 – paragraph 7 b (new) 7b. Public funds made available to the managing body of the port in order to either partly or entirely finance the superstructure fall outside the public remit as they are directly related to the benefit of the individual port user involved.
Amendment 570 #
Proposal for a regulation Article 13 Amendment 571 #
Proposal for a regulation 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
Amendment 572 #
Proposal for a regulation Article 13 – paragraph 1 1.
Amendment 573 #
Proposal for a regulation Article 13 – paragraph 1 1. The charges for the services provided by an internal operator
Amendment 574 #
Proposal for a regulation Article 13 – paragraph 1 1. The charges for the services provided by an internal operator under public service obligation as referred to in
Amendment 575 #
Proposal for a regulation Article 13 – paragraph 2 2. The payment of the port service charges may be integrated in other payments, such as the payment of the port infrastructure charges. In this case, where the port infrastructure is publicly funded or where the port infrastructure is not exposed to effective competition, the provider of port service and, where appropriate, the managing body of the port shall make sure that the amount of the port service charge remains easily identifiable by the user of the port service.
Amendment 576 #
Proposal for a regulation Article 13 – paragraph 3 3. The port service provider shall make available to the competent
Amendment 578 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 579 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 580 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 581 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 582 #
Proposal for a regulation Article 14 – paragraph 2 2. The payment of the port infrastructure charges may be integrated in other payments, such as the payment of the port service charges. In this case, where the port infrastructure is publicly funded or where the port infrastructure is not exposed to effective competition, the managing body of the port shall make sure that the amount of the port infrastructure charge remains easily identifiable by the user of the port infrastructure.
Amendment 583 #
Proposal for a regulation 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 de
Amendment 584 #
Proposal for a regulation 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 defined
Amendment 585 #
Proposal for a regulation 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 de
Amendment 586 #
Proposal for a regulation Article 14 – paragraph 3 3. In order to contribute to an efficient infrastructure charging system, the
Amendment 587 #
Proposal for a regulation Article 14 – paragraph 3 3. In order to contribute to an efficient infrastructure charging system, the nature, structure and the level of port infrastructure charges shall be de
Amendment 588 #
Proposal for a regulation Article 14 – paragraph 3 3. In order to contribute to an efficient infrastructure charging system, the nature, the structure and the level of port infrastructure charges shall be
Amendment 589 #
Proposal for a regulation 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 defined
Amendment 590 #
Proposal for a regulation 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 defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of the relevant market and in accordance with rules on State aid
Amendment 591 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with
Amendment 592 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with
Amendment 593 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with
Amendment 594 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with the port’s economic strategy and with commercial practices related to frequent users, or in order to promote amongst 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
Amendment 595 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with the port’s economic strategy, the port’s spatial planning policy, and/or commercial practices, related
Amendment 596 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with
Amendment 597 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with
Amendment 598 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with
Amendment 599 #
Proposal for a regulation Article 14 – paragraph 4 4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with, inter alia, commercial practices related 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 be relevant, objective, transparent and non-discriminatory and in due respect of the competition rules. The resulting variation shall in particular be
Amendment 600 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 601 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 602 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 603 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 604 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 605 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 606 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 607 #
Proposal for a regulation 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
Amendment 608 #
Proposal for a regulation Article 14 – paragraph 6 6. The managing body of the port or the competent authority shall inform port users and the representatives or associations of port users about the structure and the criteria used to determine the amount of the port infrastructure charges, including the total costs and revenues serving as a basis to determine the structure and the level 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 609 #
Proposal for a regulation Article 14 – paragraph 6 6. The managing body of the port shall inform port users and the representatives or associations of port users
Amendment 610 #
Proposal for a regulation Article 14 – paragraph 6 6. The managing body of the port shall inform port users and the representatives or associations of port users
Amendment 611 #
Proposal for a regulation Article 14 – paragraph 7 7. The managing body of the port shall, upon request, make available to the
Amendment 612 #
Proposal for a regulation Article 14 – paragraph 7 7. The managing body of the port shall make available to the competent
Amendment 613 #
Proposal for a regulation 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 614 #
Proposal for a regulation Article 15 – title Consultation of port users and other stakeholders
Amendment 615 #
Proposal for a regulation Article 15 – title Consultation of port users and other stakeholders
Amendment 616 #
Proposal for a regulation Article 15 – title Consultation of port users and other stakeholders
Amendment 617 #
Proposal for a regulation Article 15 – paragraph 1 Amendment 618 #
Proposal for a regulation Article 15 – paragraph 1 1.
Amendment 619 #
Proposal for a regulation Article 15 – paragraph 1 1.
Amendment 620 #
Proposal for a regulation Article 15 – paragraph 1 1. The managing body of the port shall
Amendment 621 #
Proposal for a regulation 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 622 #
Proposal for a regulation Article 15 – paragraph 2 Amendment 623 #
Proposal for a regulation Article 15 – paragraph 2 Amendment 624 #
Proposal for a regulation Article 15 – paragraph 2 2. The managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users’ advisory committee on the structure and level of such charges. The
Amendment 625 #
Proposal for a regulation Article 15 – paragraph 2 2. The managing body of the port shall consult on an annual basis
Amendment 626 #
Proposal for a regulation Article 15 – paragraph 2 2. The managing body of the port shall consult on an annual basis
Amendment 627 #
Proposal for a regulation Article 16 Amendment 628 #
Proposal for a regulation Article 16 Amendment 629 #
Proposal for a regulation 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, workersʼ representatives, cargo owners, land transport operators and public administrations operating in the port area on the following:
Amendment 630 #
Proposal for a regulation 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
Amendment 631 #
Proposal for a regulation 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 632 #
Proposal for a regulation Article 16 – paragraph 1 – introductory part 1. The managing body of the port shall regularly consult stakeholders such as trade unions, the local community, environmental organisations, the local business community, 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 633 #
Proposal for a regulation Article 16 – paragraph 1 – point c a (new) (ca) the consequences of planning and of spatial planning decisions in terms of environmental performance;
Amendment 634 #
Proposal for a regulation Article 16 – paragraph 1 – point c a (new) (ca) measures to ensure and improve safety in the port area, including measures to improve the training, health and safety of port workers.
Amendment 638 #
Proposal for a regulation Article 17 – title Amendment 639 #
Proposal for a regulation Article 17 – title Amendment 640 #
Proposal for a regulation Article 17 – title Amendment 642 #
Proposal for a regulation Article 17 – paragraph 1 1. Member States shall ensure that an
Amendment 643 #
Proposal for a regulation Article 17 – paragraph 1 1. Member States shall ensure that an
Amendment 644 #
Proposal for a regulation Article 17 – paragraph 1 1. Member States shall ensure that an
Amendment 645 #
Proposal for a regulation Article 17 – paragraph 1 1. Member States shall ensure that there is an independent supervisory body to monitor
Amendment 646 #
Proposal for a regulation Article 17 – paragraph 1 1. Member States shall ensure that
Amendment 647 #
Proposal for a regulation Article 17 – paragraph 2 2. The
Amendment 648 #
Proposal for a regulation Article 17 – paragraph 2 2. The
Amendment 649 #
Proposal for a regulation Article 17 – paragraph 2 2.
Amendment 650 #
Proposal for a regulation 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
Amendment 651 #
Proposal for a regulation Article 17 – paragraph 2 2. The
Amendment 652 #
Proposal for a regulation Article 17 – paragraph 3 3.
Amendment 653 #
Proposal for a regulation Article 17 – paragraph 3 3.
Amendment 654 #
Proposal for a regulation Article 17 – paragraph 3 3.
Amendment 655 #
Proposal for a regulation Article 17 – paragraph 3 a (new) 3a. Member States shall ensure that port users and other relevant stakeholders are informed of where and how to lodge a complaint, including an indication of the authorities responsible for the handling of complaints and relevant national authorities referred to in Articles 12, 13 and 14.
Amendment 656 #
Proposal for a regulation Article 17 – paragraph 4 Amendment 657 #
Proposal for a regulation Article 17 – paragraph 4 Amendment 658 #
Proposal for a regulation Article 17 – paragraph 4 Amendment 659 #
Proposal for a regulation Article 17 – paragraph 4 4. In the event that the dispute arises between parties established in different Member States, the independent European supervisory body
Amendment 660 #
Proposal for a regulation Article 17 – paragraph 5 Amendment 661 #
Proposal for a regulation Article 17 – paragraph 5 Amendment 662 #
Proposal for a regulation Article 17 – paragraph 5 Amendment 663 #
Proposal for a regulation Article 17 – paragraph 6 Amendment 664 #
Proposal for a regulation Article 17 – paragraph 6 Amendment 665 #
Proposal for a regulation Article 17 – paragraph 6 Amendment 666 #
Proposal for a regulation Article 17 – paragraph 7 Amendment 667 #
Proposal for a regulation Article 17 – paragraph 7 Amendment 668 #
Proposal for a regulation Article 17 – paragraph 7 Amendment 669 #
Proposal for a regulation Article 17 – paragraph 8 Amendment 670 #
Proposal for a regulation Article 17 – paragraph 8 Amendment 671 #
Proposal for a regulation Article 17 – paragraph 8 Amendment 672 #
Proposal for a regulation Article 17 – paragraph 9 9. Member States shall notify t
Amendment 673 #
Proposal for a regulation Article 17 – paragraph 9 9. Member States shall notify to the Commission the identity of the independent supervisory bodies
Amendment 674 #
Proposal for a regulation Article 17 – paragraph 9 a (new) 9a. Without prejudice to this article, the Commission may at any time request further information from the managing bodies or the providers of port services in relation to the obligations laid down in this Regulation.
Amendment 675 #
Proposal for a regulation Article 17 a (new) Article 17a Handling of complaints 1. Member States shall ensure that an effective mechanism is in place to handle complaints arising from the application of this Regulation for all the maritime ports covered by this Regulation on the territory of each Member State. 2. The handling of complaints shall be carried out in a manner which excludes conflicts of interest and which is functionally independent of any managing body of the port or providers of port services. Member States shall ensure that there is effective functional separation between the handling of complaints on the one hand and the ownership and management of ports, provision of port services and port use on the other hand. The handling of complaints shall be impartial and transparent and shall duly respect the right to freely conduct business. 3. Member States shall ensure that port users and other relevant stakeholders are informed of where and how to lodge a complaint, including, an indication of the authorities responsible for the handling of complaints and relevant national authorities referred to in Articles 12(5), 13(3) and 14(7).
Amendment 676 #
Proposal for a regulation Article 18 Amendment 677 #
Proposal for a regulation Article 18 Amendment 678 #
Proposal for a regulation Article 18 Amendment 679 #
Proposal for a regulation Article 18 – paragraph 1 1. The independent supervisory bodies shall exchange information about their work and decision-making principles and practices in order to facilitate a uniform implementation of this Regulation. For this purpose, they shall participate and work together in a network that convenes at regular intervals and at least once a year. The Commission shall participate, coordinate
Amendment 680 #
Proposal for a regulation Article 18 – paragraph 1 1. The
Amendment 681 #
Proposal for a regulation Article 18 – paragraph 3 Amendment 682 #
Proposal for a regulation Article 18 – paragraph 4 4. Where information is considered confidential by the independent supervisory body in accordance with
Amendment 683 #
Proposal for a regulation Article 18 – paragraph 5 Amendment 684 #
Proposal for a regulation Article 19 Amendment 685 #
Proposal for a regulation Article 19 – paragraph 1 1. Any party with a legitimate interest shall have the right to appeal against the decisions or individual measures taken under this Regulation by the competent authorities, by the managing body of the port or by the independent supervisory body to an appeal body which is independent of the parties involved. This appeal body may not be a
Amendment 686 #
Proposal for a regulation 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
Amendment 687 #
Proposal for a regulation Article 20 – paragraph 1 The 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 th
Amendment 688 #
Proposal for a regulation Article 21 Amendment 689 #
Proposal for a regulation Article 21 Amendment 690 #
Proposal for a regulation Article 21 Amendment 691 #
Proposal for a regulation Article 21 Amendment 692 #
Proposal for a regulation Article 21 Amendment 693 #
Proposal for a regulation Article 21 Amendment 694 #
Proposal for a regulation Article 21 – paragraph 2 Amendment 695 #
Proposal for a regulation Article 21 – paragraph 2 2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for a
Amendment 696 #
Proposal for a regulation Article 22 Amendment 697 #
Proposal for a regulation Article 22 Amendment 698 #
Proposal for a regulation Article 22 Amendment 699 #
Proposal for a regulation Article 23 – paragraph 1 No later than t
Amendment 700 #
Proposal for a regulation Article 23 – paragraph 1 No later than three years after the entry into force of this Regulation, the Commission shall present a report to the European Parliament and the Council on the functioning and effect of this Regulation, accompanied, if appropriate, by relevant proposals. Within two years after the entry into force of this Regulation, the Commission shall present a report to the European Parliament and the Council on the functioning and effect of Article 11 of this Regulation. If appropriate, this report shall be accompanied by relevant proposals. To this end, the Commission will consult all involved parties, including the users.
Amendment 701 #
Proposal for a regulation Article 23 – paragraph 1 No later than three years after the entry into force of this Regulation, the Commission shall present a report to the European Parliament and the Council on the functioning and effect of this Regulation, as well as regular reports after those three years, accompanied, if appropriate, by relevant proposals.
Amendment 702 #
Proposal for a regulation Article 24 – paragraph 1 1. Port service contracts and fixed-term and open-ended lease agreements concluded before [date of adoption of the Regulation] which were entrusted to selected providers of port services based on an open, transparent and non- discriminatory procedure or are otherwise in conformity with the rules of this Regulation shall continue to be valid until their expiry.
Amendment 703 #
Proposal for a regulation Article 24 – paragraph 1 1.
Amendment 704 #
Proposal for a regulation Article 24 – paragraph 2 2. Port service contracts concluded before [date of adoption of the Regulation] which do not meet the conditions provided in paragraph 1 shall remain valid until they expire but not after 1 July 20
Amendment 705 #
Proposal for a regulation Article 24 – paragraph 2 2. Port service contracts concluded before [date of adoption of the Regulation] which do not meet the conditions provided in paragraph 1 shall remain valid until they expire but not after
Amendment 706 #
Proposal for a regulation Article 24 – paragraph 2 2. Port service contracts concluded before [date of adoption of the Regulation] which do not meet the conditions provided in paragraph 1 shall remain valid until they expire but not
Amendment 707 #
Proposal for a regulation 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 Amendment 709 #
Proposal for a regulation Article 25 – paragraph 2 It shall apply with effect from 1 July 20
Amendment 710 #
Proposal for a regulation Article 25 – paragraph 2 It shall apply with effect from
Amendment 711 #
Proposal for a regulation Article 25 – paragraph 2 It shall apply
Amendment 712 #
Proposal for a regulation Article 25 – paragraph 3 source: 560.894
2015/09/07
EMPL
161 amendments...
Amendment 100 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1a. The provisions governing providers of port services, including subcontractors, laid down by the competent national authority shall take precedence over those drawn up by the managing body of the port.
Amendment 101 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. The minimum requirements provided for in paragraph 1
Amendment 102 #
Proposal for a regulation Article 4 – paragraph 2 – introductory part 2. The minimum requirements provided for in paragraph 1 may only relate
Amendment 103 #
Proposal for a regulation Article 4 – paragraph 2 – point b (b) the equipment needed
Amendment 104 #
Proposal for a regulation 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 105 #
Proposal for a regulation 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 workers, installations, equipment and persons;
Amendment 106 #
Proposal for a regulation Article 4 – paragraph 2 – point c a (new) (ca) social requirements, including but not limited to health and safety obligations, fair terms of employment, decent living and working conditions including social protection and professional training, and the respect of collective bargaining agreements.
Amendment 107 #
Proposal for a regulation Article 4 – paragraph 2 – point d (d) the compliance with local, national, Union and international environmental requirements
Amendment 108 #
Proposal for a regulation 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 Article 4 – paragraph 2 – point d a (new) (da) Compliance with applicable agreements between the social partners.
Amendment 110 #
Proposal for a regulation 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 111 #
Proposal for a regulation 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) (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 113 #
Proposal for a regulation Article 4 – paragraph 3 3. The minimum requirements shall be transparent, non-discriminatory
Amendment 114 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3a. The implementation of this regulation shall under no circumstances constitute grounds for a reduction in the level of minimum requirements for the provision of port services already afforded by Member States or competent authorities.
Amendment 115 #
Proposal for a regulation Article 4 – paragraph 4 4. Where the minimum requirements include specific local knowledge or acquaints with local conditions, the managing body of the port shall
Amendment 116 #
Proposal for a regulation Article 5 – paragraph 1 1. The managing body of the port shall treat providers of port services, including subcontractors, impartially and equally and shall act in a prompt and transparent manner.
Amendment 117 #
Proposal for a regulation 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
Amendment 118 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1.
Amendment 119 #
Proposal for a regulation Article 6 – paragraph 1 – introductory part 1. By way of derogation from Article 3, the managing body of the port or the competent national authority may limit the number of providers of port service for a given port service for one or several of the following reasons:
Amendment 120 #
Proposal for a regulation 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 a
Amendment 121 #
Proposal for a regulation Article 6 – paragraph 1 – point a a (new) (aa) the need to ensure the provision of safe, secure or environmentally sustainable port operations;
Amendment 122 #
Proposal for a regulation Article 6 – paragraph 1 – point a a (new) (aa) to ensure compliance with minimum service requirements as provided for under Articles 4 and 5.
Amendment 123 #
Proposal for a regulation Article 6 – paragraph 1 – point b (b) the public service obligations as provided for in Article 8
Amendment 124 #
Proposal for a regulation 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 125 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) In the cases provided for in Article 9 (1), whereby the port service provider is considered as an internal operator for the purpose of this Regulation;
Amendment 126 #
Proposal for a regulation Article 6 – paragraph 1 – point b a (new) (ba) the need to ensure the provision of safe, secure or environmentally sustainable port operations;
Amendment 127 #
Proposal for a regulation Article 6 – paragraph 1 – point b b (new) (bb) When the managing body of the port is neither the Member State nor the competent authority, that managing body may limit the number of providers in accordance with paragraph 1 in cases where national legislation so permits.
Amendment 128 #
Proposal for a regulation Article 6 – paragraph 1 a (new) 1a. The restrictions laid down by the competent national authority shall take precedence over those imposed by the managing body of the port.
Amendment 129 #
Proposal for a regulation Article 6 – paragraph 1 b (new) 1b. the need to guarantee the health and safety of workers and the provision of safe, environmentally sustainable port operations and services which do not have an adverse impact on the surrounding environment.
Amendment 130 #
Proposal for a regulation Article 6 – paragraph 4 Amendment 131 #
Proposal for a regulation Article 7 Amendment 132 #
Proposal for a regulation Article 7 Amendment 133 #
Proposal for a regulation Article 8 – paragraph 1 – introductory part 1.
Amendment 134 #
Proposal for a regulation 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 135 #
Proposal for a regulation Article 8 – paragraph 1 – point a Amendment 136 #
Proposal for a regulation Article 8 – paragraph 1 – point a a (new) (aa) The health and safety of workers.
Amendment 137 #
Proposal for a regulation Article 8 – paragraph 1 – point a b (new) (ab) The compliance with applicable agreements between the social partners.
Amendment 138 #
Proposal for a regulation Article 8 – paragraph 1 – point b Amendment 139 #
Proposal for a regulation Article 8 – paragraph 1 – point c Amendment 140 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) the safety, security or environmental sustainability of ports operations.
Amendment 141 #
Proposal for a regulation Article 8 – paragraph 1 – point c a (new) (ca) the safety, security or environmental sustainability of ports operations.
Amendment 142 #
Proposal for a regulation 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 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
Amendment 143 #
Proposal for a regulation 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 144 #
Proposal for a regulation 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 Member State or competent authority may take an emergency measure. The emergency measure may take the form of a direct
Amendment 145 #
Proposal for a regulation Article 8 – paragraph 6 a (new) 6a. Collective industrial actions taking in accordance with applicable agreements between the social partners do not constitute a disruption of port services for which emergency measures can be taken.
Amendment 146 #
Proposal for a regulation Article 8 – paragraph 6 a (new) 6a. Collective actions, including but not limited to strikes, shall not be considered a disruption of port services for which an emergency measure can be taken.
Amendment 147 #
Proposal for a regulation Article 8 – paragraph 6 a (new) 6a. Without prejudice to compliance with paragraph 1, collective actions complying with the national legislation of the Member State concerned are not considered to be disruptions of port services for which emergency measures can be taken.
Amendment 148 #
Proposal for a regulation Article 9 – paragraph 1 a (new) 1a. Where the national legislation of a Member State so permits, the managing body of a port may provide a port service itself or through a legally distinct entity over which it exercises a control similar to that exercised over its own departments. In such a case, the port service provider shall be considered as an internal operator for the purpose of this Regulation.
Amendment 149 #
Proposal for a regulation Article 9 – paragraph 3 Amendment 150 #
Proposal for a regulation Article 10 – paragraph 1 1. This
Amendment 151 #
Proposal for a regulation Article 10 – paragraph 1 1. This Regulation shall not affect the application of the social and labour rules
Amendment 152 #
Proposal for a regulation Article 10 – paragraph 1 1. This Regulation shall not affect the application of the social and labour rules of the Member States including applicable agreements between the social partners in accordance with Member States customs and traditions.
Amendment 153 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners
Amendment 154 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the
Amendment 155 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national and Union law including collective agreements between social partners, the
Amendment 156 #
Proposal for a regulation Article 10 – paragraph 2 2. Without prejudice to national
Amendment 157 #
Proposal for a regulation Article 10 – paragraph 2 a (new) 2a. Workers’ rights as regards information and consultation – as enshrined in Directive 2002/14/EC and in the European Parliament legislative resolution of 8 July 2015 on seafarers and amending the previous directive – shall be upheld irrespective of whether the work is carried out on land or on board ship.
Amendment 158 #
Proposal for a regulation Article 10 – paragraph 3 Amendment 159 #
Proposal for a regulation Article 10 – paragraph 3 3.
Amendment 160 #
Proposal for a regulation Article 10 – paragraph 3 3.
Amendment 161 #
Proposal for a regulation Article 10 – paragraph 3 3. Where managing bodies of the port require all providers of port services to comply with
Amendment 162 #
Proposal for a regulation Article 10 – paragraph 3 a (new) 3a. Providers of port services shall ensure that workers have the qualifications necessary to carry out their work safely, as well as those relating to accident prevention.
Amendment 163 #
Proposal for a regulation Article 10 a (new) Amendment 164 #
Proposal for a regulation 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 165 #
Proposal for a regulation Article 11 Amendment 166 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to
Amendment 167 #
Proposal for a regulation 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
Amendment 168 #
Proposal for a regulation 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 169 #
Proposal for a regulation Article 11 – paragraph 1 This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services
Amendment 170 #
Proposal for a regulation 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 defined in a
Amendment 171 #
Proposal for a regulation Article 14 – paragraph 5 Amendment 172 #
Proposal for a regulation 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
Amendment 173 #
Proposal for a regulation 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
Amendment 174 #
Proposal for a regulation 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 175 #
Proposal for a regulation Article 21 Amendment 176 #
Proposal for a regulation Article 23 – paragraph 1 No later than t
Amendment 177 #
Proposal for a regulation 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 Amendment 179 #
Proposal for a regulation Article 25 – paragraph 2 Amendment 180 #
Proposal for a regulation Article 25 – paragraph 2 It shall apply with effect from
Amendment 181 #
Proposal for a regulation Article 25 – paragraph 3 Amendment 22 #
Proposal for a regulation Title 1 Amendment 23 #
Proposal for a regulation Title 1 Amendment 24 #
Proposal for a regulation Title 1 REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on
Amendment 25 #
Proposal for a regulation Recital 1 (1)
Amendment 26 #
Proposal for a regulation Recital 1 (1)
Amendment 27 #
Proposal for a regulation Recital 3 (3)
Amendment 28 #
Proposal for a regulation Recital 4 (4)
Amendment 29 #
Proposal for a regulation Recital 5 Amendment 30 #
Proposal for a regulation Recital 6 Amendment 31 #
Proposal for a regulation 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
Amendment 32 #
Proposal for a regulation 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
Amendment 33 #
Proposal for a regulation 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
Amendment 34 #
Proposal for a regulation 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,
Amendment 35 #
Proposal for a regulation 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, as well as the qualifications required to carry out work safely and those relating to accident prevention and the equipment required insofar as these
Amendment 36 #
Proposal for a regulation 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 37 #
Proposal for a regulation Recital 8 (8) Having the necessary equipment at his
Amendment 38 #
Proposal for a regulation Recital 8 (8) Having the necessary equipment at his disposal should imply that the provider of the port service owns, rents or leases it and that in any case it has a direct and indisputable control of the equipment, in order to ensure that it can use such equipment whenever needed, and that it is directly responsible for its maintenance.
Amendment 39 #
Proposal for a regulation Recital 9 (9) The procedure to grant with the right to provide port services when compliance with minimum requirements is required should be transparent (and can be easily and quickly checked by third parties), objective and non-
Amendment 40 #
Proposal for a regulation Recital 10 Amendment 41 #
Proposal for a regulation Recital 10 (10) Since ports are constituted of limited geographical areas, access to the market could, in certain cases, be subject to limitations
Amendment 42 #
Proposal for a regulation Recital 11 (11) Any intention to limit the number of port service providers should be published
Amendment 43 #
Proposal for a regulation Recital 11 (11) Any intention to limit the number of port service providers, and a justification for that limitation, should be published in advance by the Member State, competent authority
Amendment 44 #
Proposal for a regulation Recital 13 Amendment 45 #
Proposal for a regulation Recital 14 (14) The recourse to public service obligations
Amendment 46 #
Proposal for a regulation Recital 14 (14) The recourse to public service obligations leading to a limitation in the number of providers of a port service should
Amendment 47 #
Proposal for a regulation Recital 14 (14) The recourse to public service
Amendment 48 #
Proposal for a regulation 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 49 #
Proposal for a regulation Recital 16 (16) This Regulation does not preclude the
Amendment 50 #
Proposal for a regulation Recital 17 (17) The managing body of the port should not discriminate between providers of port services
Amendment 51 #
Proposal for a regulation Recital 17 (17) The managing body of the port should not discriminate between providers of port services
Amendment 52 #
Proposal for a regulation Recital 18 (18) The Member State or competent authorit
Amendment 53 #
Proposal for a regulation 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
Amendment 54 #
Proposal for a regulation 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 it shall 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,
Amendment 55 #
Proposal for a regulation 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,
Amendment 56 #
Proposal for a regulation 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
Amendment 57 #
Proposal for a regulation 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
Amendment 58 #
Proposal for a regulation 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 59 #
Proposal for a regulation 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 60 #
Proposal for a regulation Recital 19 a (new) Amendment 61 #
Proposal for a regulation Recital 19 a (new) (19a) Port labour relations largely influence the efficient functioning of ports. The European Sectoral Social Dialogue Committee for the ports sector (SSDC) ensures a framework for social partners to establish results regarding work organisation and working conditions, such as health and safety, training and qualifications, attractiveness of the sector to all workers regardless of age and gender. The Commission should facilitate and monitor these negotiations.
Amendment 62 #
Proposal for a regulation 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) (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 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 65 #
Proposal for a regulation Recital 20 (20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of public concession contracts. This type of contracts will be covered by the Directive ..../…[concessions].
Amendment 66 #
Proposal for a regulation Recital 21 (21) Financial relations between seaports which receive public funds and providers of port services on the one hand, and public authorities on the other should be made transparent in order to ensure a level playing field and to avoid market distortions. In this respect, this Regulation extends to other categories of addressees the principles of transparency of financial relations as set out in Commission Directive 2006/111/EC on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings
Amendment 67 #
Proposal for a regulation Recital 24 (24) In order to be efficient, the port infrastructure charges of each individual port should be set in a transparent and autonomous way in accordance with national port policy and/or that port’s own commercial and investment strategy.
Amendment 68 #
Proposal for a regulation 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 (28)
Amendment 70 #
Proposal for a regulation Recital 28 (28) The different independent supervisory bodies should exchange information on their work and cooperate in
Amendment 71 #
Proposal for a regulation Recital 31 Amendment 72 #
Proposal for a regulation 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 1 – paragraph 1 – point a Amendment 74 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) a clear framework for
Amendment 75 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) a clear framework for
Amendment 76 #
Proposal for a regulation Article 1 – paragraph 1 – point a a (new) (aa) A framework for the protection and recognition of safety, environmental and labour standards and Social Dialogue in the port services industry
Amendment 77 #
Proposal for a regulation Article 1 – paragraph 1 – point a a (new) (aa) a framework for the recognition of safety, environmental and labour standards and Social Dialogue in the port service sector;
Amendment 78 #
Proposal for a regulation Article 1 – paragraph 1 – point b (b) common rules on the financial transparency
Amendment 79 #
Proposal for a regulation 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 Amendment 88 #
Proposal for a regulation Article 1 – paragraph 3 3. This Regulation shall apply to all seaports of the trans-European transport core network, as defined in Annex I of Regulation XXX [regulation on the TEN-T Guidelines].
Amendment 89 #
Proposal for a regulation Article 1 – paragraph 3 a (new) 3a. Member States shall have the option of deciding not to apply this Regulation to sea ports in the comprehensive trans- European transport network located in the outermost regions as referred to in Article 349 TFEU. When Member States decide not to apply this Regulation to such sea ports, they shall notify the Commission of their decision.
Amendment 90 #
Proposal for a regulation Article 1 – paragraph 4 Amendment 91 #
Proposal for a regulation Article 2 – paragraph 1 – 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, lashing, stowing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 92 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) 2a. ‘competent authority’ means any public competent authority or group of public competent authorities of a Member State or Member States, under whose jurisdiction a port or ports are established;
Amendment 93 #
Proposal for a regulation Article 2 – paragraph 1 – point 18 18. ‘waterway access to a port’ means water access to the port from the open sea, such as port approaches, fairways, rivers, sea canals and fjords, if such a waterway falls within the legal competence of the managing body of the port or a competent authority.
Amendment 96 #
Proposal for a regulation Article 3 Amendment 97 #
Proposal for a regulation Article 3 Amendment 98 #
Proposal for a regulation Article 4 – paragraph 1 1. The managing body of the port may require that providers of port services comply with minimum requirements to perform the corresponding port service including the possibility of the competent national authorities to impose public service obligations as provided for in Article 8.
Amendment 99 #
Proposal for a regulation Article 4 – paragraph 1 a (new) 1a. In the event that the managing body of the port does not require minimum requirements, the Member State or competent authority may impose such requirements on the managing body of the port.
source: 565.182
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2016-12-28Show (1) Changes | Timetravel
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2016-12-27Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-12-23Show (2) Changes | Timetravel
| activities/0/docs/0/url |
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| procedure/stage_reached |
Old
Awaiting Council 1st reading position / budgetary conciliation convocationNew
Provisional agreement between Parliament and Council on final act |
2016-12-22Show (2) Changes | Timetravel
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2016-12-20Show (1) Changes | Timetravel
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2016-12-19Show (1) Changes | Timetravel
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2016-12-18Show (6) Changes | Timetravel
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| activities/1/committees/5/shadows/1 |
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| activities/4/committees/5/shadows/1 |
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2016-12-17Show (8) Changes | Timetravel
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Awaiting Council 1st reading position / budgetary conciliation convocation |
2016-12-16Show (1) Changes | Timetravel
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2016-12-15Show (1) Changes | Timetravel
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Old
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2016-12-14Show (2) Changes | Timetravel
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2016-12-10Show (2) Changes | Timetravel
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2016-12-14T00:00:00 |
2016-12-08Show (1) Changes | Timetravel
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2016-12-06Show (1) Changes | Timetravel
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2016-12-04Show (1) Changes | Timetravel
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2016-12-03Show (1) Changes | Timetravel
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2016-12-02Show (5) Changes | Timetravel
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| activities/11 |
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3.20.07 Combined transport, multimodal transport
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| procedure/subject/6 |
3.20.11 Trans-European transport networks
|
| procedure/subject/7 |
4.15.04 Workforce, occupational mobility, job conversion, working conditions
|
2016-11-30Show (1) Changes | Timetravel
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2016-11-26Show (1) Changes | Timetravel
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2016-11-23Show (1) Changes | Timetravel
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2016-11-22Show (1) Changes | Timetravel
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2016-10-06Show (1) Changes | Timetravel
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2016-10-05Show (1) Changes | Timetravel
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2016-10-03Show (1) Changes | Timetravel
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2016-10-02Show (1) Changes | Timetravel
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2016-10-01Show (1) Changes | Timetravel
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2016-09-29Show (1) Changes | Timetravel
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2016-09-27Show (1) Changes | Timetravel
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2016-09-25Show (1) Changes | Timetravel
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2016-09-23Show (1) Changes | Timetravel
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2016-09-22Show (1) Changes | Timetravel
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2016-09-19Show (1) Changes | Timetravel
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2016-09-18Show (1) Changes | Timetravel
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2016-09-15Show (1) Changes | Timetravel
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2016-09-14Show (1) Changes | Timetravel
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2016-09-10Show (1) Changes | Timetravel
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2016-09-09Show (1) Changes | Timetravel
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2016-09-07Show (1) Changes | Timetravel
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2016-09-04Show (1) Changes | Timetravel
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2016-09-03Show (1) Changes | Timetravel
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2016-09-01Show (1) Changes | Timetravel
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2016-08-29Show (1) Changes | Timetravel
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2016-08-27Show (1) Changes | Timetravel
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2016-08-26Show (1) Changes | Timetravel
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2016-08-25Show (1) Changes | Timetravel
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2016-08-22Show (1) Changes | Timetravel
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2016-08-21Show (1) Changes | Timetravel
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2016-08-19Show (1) Changes | Timetravel
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2016-08-16Show (1) Changes | Timetravel
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2016-08-09Show (1) Changes | Timetravel
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2016-08-09Show (1) Changes | Timetravel
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2016-08-06Show (1) Changes | Timetravel
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2016-07-30Show (1) Changes | Timetravel
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2016-07-29Show (1) Changes | Timetravel
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2016-07-28Show (1) Changes | Timetravel
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Old
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2016-02-25Show (1) Changes | Timetravel
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2016-02-24Show (1) Changes | Timetravel
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2016-02-23Show (1) Changes | Timetravel
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2016-02-20Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-02-18Show (2) Changes | Timetravel
| activities/0/docs/0/url |
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2016-02-17T00:00:00 |
2016-02-17Show (1) Changes | Timetravel
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2016-02-16Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-02-14Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-02-11Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-02-10Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-02-09Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-02-08Show (1) Changes | Timetravel
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2016-02-07Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-02-06Show (2) Changes | Timetravel
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2016-02-05Show (1) Changes | Timetravel
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2016-02-04Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-02-03Show (1) Changes | Timetravel
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2016-02-02Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-01-31Show (1) Changes | Timetravel
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2016-01-30Show (3) Changes | Timetravel
| activities/0/docs/0/url |
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2016-01-26Show (1) Changes | Timetravel
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2016-01-25Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-01-23Show (1) Changes | Timetravel
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2016-01-22Show (1) Changes | Timetravel
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2016-01-20Show (1) Changes | Timetravel
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2016-01-18Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-01-17Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-01-16Show (1) Changes | Timetravel
| activities/0/docs/0/url |
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2016-01-15Show (1) Changes | Timetravel
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2016-01-14Show (1) Changes | Timetravel
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2016-01-13Show (1) Changes | Timetravel
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2016-01-12Show (1) Changes | Timetravel
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2016-01-09Show (1) Changes | Timetravel
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2016-01-04Show (1) Changes | Timetravel
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2016-01-03Show (1) Changes | Timetravel
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2016-01-02Show (1) Changes | Timetravel
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2016-01-01Show (1) Changes | Timetravel
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2015-12-31Show (1) Changes | Timetravel
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2015-12-30Show (1) Changes | Timetravel
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2015-12-29Show (1) Changes | Timetravel
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2015-12-27Show (1) Changes | Timetravel
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2015-12-26Show (1) Changes | Timetravel
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2015-12-19Show (1) Changes | Timetravel
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2015-12-18Show (1) Changes | Timetravel
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2015-12-17Show (1) Changes | Timetravel
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2015-12-15Show (1) Changes | Timetravel
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2015-12-13Show (1) Changes | Timetravel
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2015-12-09Show (2) Changes | Timetravel
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2015-12-08Show (1) Changes | Timetravel
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2015-12-07Show (1) Changes | Timetravel
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2015-12-04Show (2) Changes | Timetravel
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2015-12-03Show (1) Changes | Timetravel
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2015-12-02Show (1) Changes | Timetravel
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2015-12-01Show (1) Changes | Timetravel
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2015-11-27Show (1) Changes | Timetravel
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2015-11-26Show (1) Changes | Timetravel
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2015-10-29Show (4) Changes | Timetravel
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2015-10-21Show (7) Changes | Timetravel
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2015-07-09Show (1) Changes | Timetravel
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2015-05-27Show (1) Changes | Timetravel
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2015-04-21Show (6) Changes | Timetravel
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2015-03-26Show (6) Changes | Timetravel
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2015-03-12Show (7) Changes | Timetravel
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2014-12-23Show (3) Changes | Timetravel
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2014-11-07Show (1) Changes | Timetravel
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2014-09-10Show (6) Changes | Timetravel
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2014-08-27Show (10) Changes | Timetravel
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2014-08-14Show (6) Changes | Timetravel
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2014-07-16T00:00:00
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2014-07-31Show (1) Changes | Timetravel
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2014-07-15Show (4) Changes | Timetravel
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2014-07-07Show (12) Changes | Timetravel
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2014-03-18Show (6) Changes | Timetravel
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2014-02-14Show (1) Changes | Timetravel
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CELEX:52013PC0296:EN
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2014-02-13Show (1) Changes | Timetravel
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CELEX:52013PC0296:EN
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2014-01-18Show (12) Changes | Timetravel
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CELEX:52013PC0296:EN
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Old
PE521.596New
COM(2013)0296 |
| activities/0/docs/0/type |
Old
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Legislative proposal published |
| activities/0/docs/0/url |
Old
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http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0296/COM_COM(2013)0296_FR.pdf |
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2014-01-03Show (1) Changes | Timetravel
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http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE523.043
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2013-12-21Show (2) Changes | Timetravel
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| activities/4/docs/1/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE524.758
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2013-12-16Show (1) Changes | Timetravel
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2013-12-15Show (1) Changes | Timetravel
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2013-12-07Show (3) Changes | Timetravel
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CELEX:52013AE4030:EN
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2013-12-06Show (4) Changes | Timetravel
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CELEX:52013PC0296:EN
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2013-11-16Show (1) Changes | Timetravel
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2013-11-13Show (2) Changes | Timetravel
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2013-11-09Show (1) Changes | Timetravel
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http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE521.596
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2013-11-06Show (1) Changes | Timetravel
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2013-09-21Show (4) Changes | Timetravel
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2013-09-13Show (2) Changes | Timetravel
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2013-07-26Show (1) Changes | Timetravel
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2013-07-02Show (2) Changes | Timetravel
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2013-06-29Show (4) Changes | Timetravel
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2013-06-26Show (1) Changes | Timetravel
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2013-06-18Show (2) Changes | Timetravel
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2013-06-12Show (3) Changes | Timetravel
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TRAN/7/12830
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2013-06-06Show (2) Changes | Timetravel
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2013-06-05Show (1) Changes | Timetravel
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Economic and Social Committee Committee of the Regions
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2013-06-03Show (5) Changes
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