56 Amendments of Philippe DE BACKER related to 2013/0157(COD)
Amendment 118 #
Proposal for a regulation
Recital 6
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 appearis therefore not appropriate at this stage not to regulate this issue at Union level and to leave iit should, for the time being, be left to the Member States to regulate the self- provision of port services or not. Therefore, this Regulation should only cover the provision of port services for remuneration.
Amendment 122 #
Proposal for a regulation
Recital 4 a (new)
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 129 #
Proposal for a regulation
Recital 5 a (new)
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 132 #
Proposal for a regulation
Recital 6
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 appearis therefore not appropriate at this stage not to regulate this issue at Union level and to leave iit should, for the time being, be left to the Member States to regulate the self- provision of port services or not. Therefore, this Regulation should only cover the provision of port services for remuneration.
Amendment 138 #
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and environmentally sound port management, the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way. These minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators, including in terms of training, and the equipment required and the availability of the service insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port service.
Amendment 150 #
Proposal for a regulation
Recital 19
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 164 #
Proposal for a regulation
Recital 22 a (new)
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 169 #
Proposal for a regulation
Recital 19
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 174 #
Proposal for a regulation
Recital 23
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 reflect the normal conditions of the relevant market and archarges set by providers of port services which are not exposed to effective competition within the meaning of Article 9 (1) and 6(1), should not be disproportionate to the economic value of the services provided and should be set in a transparent and non- discriminatory way.
Amendment 181 #
Proposal for a regulation
Recital 25
Recital 25
(25) The variation of port infrastructure charges should be allowed in order tomanaging body of the port can vary the port infrastructure charges as a part of its commercial strategy. Port infrastructure charges may vary in order to, for example, promote short sea shipping and to attract waterborne vessels having an environmental performance or energy and carbon efficiency of the transport operations, notably the off-shore or on- shore maritime transport operations, that is better than average. This shcould help to contribute to the environmental and climate change policies and the sustainable development of the port and its surroundings notably by contributing to reducing the environmental footprint of the waterborne vessels calling and staying in the port.
Amendment 183 #
Proposal for a regulation
Recital 26
Recital 26
(26) Adequate facilities should be in place toIt should be ensured 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 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 185 #
Proposal for a regulation
Recital 20
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 contractscontracts or agreements having as their object the right of such providers to exploit parts of the public domains or resources under private or public law. This type of contracts willcan be covered by the Directive ..../…...[concessions]. Consequently, Chapter II of this Regulation should not apply to the provision of cargo-handling and passenger services, but Member States should remain free to decide to apply nevertheless the rules of this Chapter to these two services. For other types of contracts used by public authorities for granting market access to cargo handling and terminal passenger services, the Court of Justice of the European Union has confirmed that the competent authorities are bound by the principles of transparency and non- discrimination when concluding these contracts. These principles are fully applicable as regards the provision of any port service.
Amendment 188 #
Proposal for a regulation
Recital 20
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 services, but Member States should remain free to decide to apply nevertheless the rules of this Chapter to these two services. For other types ofIn any case, the Court of Justice of the European Union has confirmed that in contracts used by public authorities for granting market access to cargo handling and terminal passenger services, the Court of Justice of the European Union has confirmed that the competent authorities are bound by the principles of transparency and non-discrimination when concluding these contracts. These principles are fully applicable as regards the provision of any port service.
Amendment 201 #
Proposal for a regulation
Recital 23
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 thcharges set by providers of port services which are not exposed to effective competition within the meaning of Article 9(1) and Article 6(1), should not be disproportionate the charges they levy reflect the normal conditions of the relevant market and aro the economic value of the services provided and should be set in a transparent and non-discriminatory way.
Amendment 205 #
Proposal for a regulation
Recital 31 a (new)
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 207 #
Proposal for a regulation
Recital 25
Recital 25
(25) The variation of port infrastructure charges should be allowed in order tomanaging body of the port can vary the port infrastructure charges as a part of its commercial strategy. Port infrastructure charges may vary in order to, for example, promote short sea shipping and to attract waterborne vessels having an environmental performance or energy and carbon efficiency of the transport operations, notably the off-shore or on- shore maritime transport operations, that is better than average. This shcould help to contribute to the environmental and climate change policies and the sustainable development of the port and its surroundings notably by contributing to reducing the environmental footprint of the waterborne vessels calling and staying in the port.
Amendment 209 #
Proposal for a regulation
Recital 31 b (new)
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 209 #
Proposal for a regulation
Recital 26
Recital 26
(26) Adequate facilities should be in place toIt should be ensured 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 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 218 #
Proposal for a regulation
Recital 28 a (new)
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 235 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
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 271 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
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 289 #
Proposal for a regulation
Article 2 – point 5
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 objectivepublic responsibility assigned under national law or instrumentregulations the administration and management of the port infrastructures, port traffic in the seaport in question, the coordination and, where appropriate, the carrying-out, organisation or control of the activities of the operators present in the seaport concerned, and the development of the seaport;
Amendment 291 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. ‘mooring’ means the berthing and un- berthing services required for a waterborne vessel being anchored or otherwise fmooring services in charge of tying and untying operations of a waterborne vessel to the berth, the quayside or a buoy in order to immobilise the vessel, thereby allowing pastsened to the shore in the port or in the waterways access to the portgers and other persons, goods or cargo to be transferred safely on or off the vessel;
Amendment 298 #
Proposal for a regulation
Article 2 – point 8
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 5 – paragraph 2
Article 5 – paragraph 2
2. The managing body of the port shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with Article 4 within onetwo months from receiving a request for the granting of such a right. Any refusal shall be duly justified on the basis of objective, transparent, non- discriminatory and proportionate criteria.
Amendment 300 #
Proposal for a regulation
Article 2 – point 9
Article 2 – point 9
9. ‘port infrastructure charge’ means a fee collected for the direct or indirect benefit ofcharge levied by the managing body of the port or the competent authority and paid by the operators of waterborne vessels or cargo owners for the use of facilities and servicesbenefitting directly or indirectly of for the use of infrastructures, facilities and services managed autonomously by 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, as well as access to the processing of passengers and cargo, but excluding land lease rates and charges having equivalent effect;
Amendment 308 #
Proposal for a regulation
Article 2 – point 16
Article 2 – point 16
16. ‘seaport’ means an delimited area of land and water made up of such works and equipmen, amongst other things, of infrastructures and facilities, managed autonomously by the managing body of the port 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 any other infrastructure necessary for transport operators within the port area;
Amendment 311 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
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 311 #
Proposal for a regulation
Article 2 – point 17
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 316 #
Proposal for a regulation
Article 2 – point 18 a (new)
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 335 #
Proposal for a regulation
Article 3
Article 3
Amendment 351 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(d a) the availability of the service to all users;
Amendment 354 #
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(d b) the availability of the service without interruption during the day, the night, the week and the year;
Amendment 359 #
Proposal for a regulation
Article 10 – paragraph 1
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 375 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The managing body of the port shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with Article 4 within onetwo months from receiving a request for the granting of such a right. Any refusal shall be duly justified on the basis of objective, transparent, non- discriminatory and proportionate criteria.
Amendment 386 #
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 the port service anor waterside space provided that the limitation is in accordance with the formal development plan of the portdecisions or plans as agreed by the management body of the port and where appropriate any other public competent authorities according to the national legislation;
Amendment 404 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
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 417 #
Proposal for a regulation
Article 6 – paragraph 4
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 may entrust the adoption of the decision limitingshall take necessary measures to avoid conflicts of interest. In the absence of such measures, the number of providers of port serviceshall not be less to han 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 twotwo, unless any of the reasons listed in paragraph 1 justifies a limitation to a single provider.
Amendment 419 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with the port's economic strategy and 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 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 termin due respect of the competition and State aid rules.
Amendment 447 #
Proposal for a regulation
Article 15 – paragraph 2
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 committeethe port users on the structure and level of such charges. The providers of port services as referred to in Article 6 and in Article 9 shall consult on an annual basis prior to the setting of port service charges the port users' advisory committee on the structure and level of such charges. The managing body of the port shall provide adequate facilities for such consultation and shall be informed of the results of the consultation by the providers of port services.
Amendment 470 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that aneffective independent supervisory body monitors and supervisesmechanisms are in place to monitor the application of this Regulation and to handle complaints arising from the application of this Regulation in all the seaports covered by this Regulation on the territory of each Member State. To that end, the Member States shall designate one or several independent bodies.
Amendment 508 #
Proposal for a regulation
Article 10 – paragraph 1
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 516 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independdifferent supervisory bodies designated pursuant to Article 17 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 support the work of the network. The Commission shall support and facilitate the cooperation. The confidentiality of the information that is being exchanged shall be respected.
Amendment 531 #
Proposal for a regulation
Article 23 – paragraph 1
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 544 #
Proposal for a regulation
Article 11 b (new)
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 557 #
Proposal for a regulation
Article 12 – paragraph 3
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, dividends paid out and profits retainedthe granting of financial advantages by forgoing profits and recovery of sums due or any other form of public financial support.
Amendment 561 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The managing body of the port shall make available to the Commission and the competent independent supervisory body, upon request,, or other entity that provides port services on its behalf, shall, in the event of a formal complaint and upon request, make available to the relevant national authority the information referred to in paragraphs 1 and 2 and any additional information that they deem necessary in order to complete a thorough appraisal of the data submitted and to assess compliance with this Regulation. The information shall be transmitted within two months from the date of the request.
Amendment 594 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with the port’s economic strategy and 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 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 termin due respect of the competition and state aid rules.
Amendment 625 #
Proposal for a regulation
Article 15 – paragraph 2
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 committeethe port users on the structure and level of such charges. The providers of port services as referred to in Article 6 and in Article 9 shall consult on an annual basis prior to the setting of port service charges the port users’ advisory committee on the structure and level of such charges. The managing body of the port shall provide adequate facilities for such consultation and shall be informed of the results of the consultation by the providers of port services.
Amendment 640 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 646 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that aneffective independent supervisory body monitors and supervisesmechanisms are in place to monitor the application of this Regulation and to handle complaints arising from the application of this Regulation in all the seaports covered by this Regulation on the territory of each Member State. To that end, the Member States shall designate one or several independent bodies.
Amendment 651 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The independent supervisory body shall be legally distinct from andhandling 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 tshat retain ownership or control of ports or port managing bodies shall ensull ensure that there anis effective structurfunctional separation between the functions rehandling of complating to the supervision and monitoring of this Regulation and the activities associated with that ownership or control. The independent supervisory body shall exercise its powersts 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 impartially and transparently and withshall duely respect to the right to freely conduct business.
Amendment 654 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The independent supervisory body shall handle the complaints lodged by any party with a legitimate interest and the disputes brought before it arisMember 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 inof connection with the application of this Regulationmplaints and relevant national authorities referred to in Articles 12(5), 13(3) and 14(7).
Amendment 662 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 680 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independdifferent supervisory bodies designated pursuant to Article 17 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 support the work of the network. The Commission shall support and facilitate the cooperation. The confidentiality of the information that is being exchanged shall be respected.
Amendment 700 #
Proposal for a regulation
Article 23 – paragraph 1
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.