Activities of Keith TAYLOR related to 2013/0157(COD)
Plenary speeches (2)
Market access to port services and financial transparency of ports (debate)
Market access to port services and financial transparency of ports (debate)
Shadow reports (1)
REPORT 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 PDF (883 KB) DOC (566 KB)
Amendments (38)
Amendment 85 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 102 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. AdopRejects its position at first reading hereinafter set out;
Amendment 103 #
Draft legislative resolution
Paragraph 2
Paragraph 2
Amendment 106 #
Proposal for a regulation
Title
Title
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on market access to port services and financial transparency of ports (Text with EEA relevance)
Amendment 107 #
Proposal for a regulation
Recital 1
Recital 1
(1) The full integration of ports in seamless logistic and transport chains is needed to contribute to growth and a more efficient use and functioning ofModern port services should contribute to an efficient use of ports, a climate favourable to investments to develop ports in line with current and future transport and logistics requirements and better inter-connectivity with the trans- European transportilway network and the internal market. This requires modern port services contributing to an efficient use of ports and a climate favourable to investments to develop ports in line with current and future transport and logistics requir. A legal framework for financial transparency should create a basis for enhanced cross-border cooperation and coordination between ports in terms of infrastructure capacity planning and managements. .
Amendment 109 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The Commission should propose a trans-European concept within the 'Motorways of the sea' that boosts the ports in cross-border regions, such as the Mediterranean, Black Sea, Atlantic and the Baltic sea in order to realise port services nearer to the departure or final destination of the transport flows and therefore contributes to the reduction and avoidance of less sustainable land transport.
Amendment 136 #
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and environmentally sound port management, the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way. These minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators, including in terms of training, and the equipment required insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port serviceneeded in order to provide the relevant port service and compliance with maritime safety requirements. These conditions should take into account environmental requirements as well as national social standards.
Amendment 174 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In a highly complex and dangerous sector such as port services, training of new recruits as well as lifelong training of staff are essential for ensuring dockworkers' health and safety, as well as the quality of services. Adequate training shall be a right for every worker entering the port sector. The EU-level Sectoral Social Dialogue Committee for Ports should be able to develop guidelines for the establishment of training requirements to ensure a high quality of education and training of dockworkers, to minimise the risk of accidents and to meet future skill requirements.
Amendment 216 #
Proposal for a regulation
Recital 28
Recital 28
(28) The different independent supervisory bodies should exchange information on In the event of any cross-border dispute or complaint, the different bodies providing independent supervision should cooperate with each otheir work and cooperate in order to ensure a uniform applicand exchange information ofn this Regulationeir work.
Amendment 224 #
Proposal for a regulation
Recital 29
Recital 29
(29) In order to supplement and amend certain non-essential elements of this Regulation and in particular to promote the uniform application of environmental charging, reinforce the Union-wide coherence of environmental charging and to ensure common charging principles in relation to the promotion of short sea shippreinforce the Union-wide coherence of environmental charging, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of common classifications of vessels, and fuels and types of operations according to which to vary the infrastructure charges and common charging principles for port infrastructure charges. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. When adopting such delegated acts, the Commission should take into account the Environmental Ship Index (ESI) and the progress made by the World Ports Climate Initiative (WPCI). The common classifications should serve only as a basis for allowing variations of port infrastructure charges and should not affect the competence of the managing body of a port to set the level of the port infrastructure charges autonomously, in accordance with the applicable rules. The Commission, when preparing and drawing- up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 233 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) a clear framework for access to the marketthe organisation of seaport services;
Amendment 235 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) common rules on the financial transparency and charges to be applied by managing bodies or providers of seaport services.
Amendment 240 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 277 #
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
2. ‘cargo handling services’ means the organisation and handling of cargo between the carrying waterborne vessel and the shore be it for import, export or transit of the cargo, including the processing, 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 356 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the credentials of the applicant with regard to respect for social and labour rights, including respect for existing collective agreements and the legal provisions in terms of health and safety at the workplace;
Amendment 387 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the scarcity or reserved use of land provided that the managing body can demonstrate that the land constitutes an essential port facility to provide th port facility, which is essential for the provision of safe, environmentally and socially sound and sustainable port services and that the limitation is in accordance with the formal development plan of the port as agreed by the management body of the port and where appropriate any other public competent authorities according toin conformity with the national legislation;
Amendment 392 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) the need to ensure the provision of safe, secure or environmentally sustainable port operations;
Amendment 399 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) where the characteristics of the port traffic of a given port do not enable multiple providers to provide port services in economically satisfactory conditions and/or in terms of security and quality of service;
Amendment 406 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
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 457 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the safety, security or environmental sustainability of ports operations.
Amendment 478 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure. The exercise of the right to collective bargaining and collective measures, including the right to strike, shall not constitute grounds for taking emergency measures. The emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9.
Amendment 509 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. This RegulationDirective shall not affect the application of the social and labour rules of the Member States.
Amendment 514 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to national andlaw, Union law, including particular Directive 2001/23/EC, and collective agreements between social partners at the European, national, regional or local level, the managing bodies of the port mayshall require the designated provider of port services appointed in accordance with the procedure established by Article 7, in the case where this provider is different from the incumbent provider of port services, to respect rights in terms of informing and consulting workers and to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 525 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Training and labour protection 1. The employer shall ensure that its employees receive the necessary training to acquire a sound knowledge of the conditions in which their work is conducted and that they are properly trained to tackle the hazards which the work may entail. Member States shall take the necessary measures to ensure that such a principle is properly enforced. 2. In full respect of the autonomy of social partners, the EU-level Sectoral Social Dialogue Committee for Ports is invited to develop guidelines for the establishment of training requirements to prevent accidents and ensure the highest level of safety and health for port workers. Such training requirements shall be regularly updated in order to reduce on an ongoing basis the occurrence of accidents at the workplace. 3. Member States, in full cooperation with social partners, shall take measures in order to set up arrangements which ensure a balance between the fluctuation in the demand for port work and flexibility required by port operations, on the one hand, and continuity and protection of employment, on the other hand.
Amendment 535 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter, with the exception of Articles 4(2), 8(6) and 10 and the transitional provisions of Article 24 shall not apply to cargo handling services and, passenger services, pilotage, towage and mooring.
Amendment 552 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where the managing body of the port that receives public funds provides port services itself and receives public funds for those port services, it shall keep thwo separate accounts, of eachne for the port service activity separate from the accounts ofies for which it receives public funding and another for its other activities, in such a way that:
Amendment 598 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with commercial practices relatedthe port’s economic strategy, commercial practices and spatial planning policy. These charges may thus vary in relation to frequent users, or in order to promote a more efficient use of the port infrastructure, short sea shipping or a high environmental performance, energy efficiency or carbon efficiency of transport operations. The criteria used for such a variation shall take into account external costs, be relevant, objective, transparent and non-discriminatory and in due respect of the competition rules. The resulting variation shall in particular be available to all relevant port service users on equal non-discriminatory terms.
Amendment 613 #
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The managing body of the port shall make available to the competent independent supervisory body and to the Commission, upon request, in a transparent manner the information referred to in paragraph 4 and the detailed costs and revenues, serving as a basis to determine the structure and the level of the port infrastructure charges and the methodology used for setting the port infrastructure charges with regard to the facilities and services to which these port charges relate to.
Amendment 621 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The managing body of the port shall establish a committee of representatives of operators of waterborne vessels, cargo owners or other port users such as representatives from interconnected transport service operators which are requested to pay an infrastructure charge or a port service charge or both. This committee shall be called the ‘port users’ advisory committee’.
Amendment 631 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The managing body of the port shall regularly consult stakeholders such as undertakings established in the port, providers of port services, operators of waterborne vessels, cargo owners, land transport operators, port workers, and public administrations operating in the port area, inhabitants in and near to the port area and representatives of environmental non-governmental organisations on the following:
Amendment 633 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) the consequences of planning and of spatial planning decisions in terms of environmental performance;
Amendment 707 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Transposition Member States shall adopt and publish, by [two years after adoption] at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those measures from [two years after adoption].
Amendment 708 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 709 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
It shall apply with effect from 1 July 201530, if appropriate.
Amendment 712 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3