25 Amendments of Franco FRIGO related to 2013/0157(COD)
Amendment 130 #
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 demonstrathave to guarantee that they meet minimum requirements to perform the services 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 equipthe equipment needed in order to provide the relevant port service and compliance with maritime safety requirements. These conditions should take into account environmental required insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port servicements as well as national social standards. These minimum requirements, which include environmental and social standards, should be decided at national level and verified in each port by the relative managing body.
Amendment 142 #
Proposal for a regulation
Recital 16
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. Those rules should be applied in such a way as to take account of specific needs of some ports, for example those located on islands, and the economic problems linked to severely inadequate facilities. Where public service obligations qualify as SGEI compliance should be ensured with Commission Decision of 20 November 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest8, Commission Regulation (EU) No 360/2012 of 25 April 2012 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest9 and the European Union framework for State aid in the form of public service compensation10. __________________ 8 OJ L 7, 11.01.2012, p. 3. 9 OJ L 114, 26.4.2012, p. 8. 10 OJ C 8, 11.01.2012.
Amendment 146 #
Proposal for a regulation
Recital 18
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 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. Moreover, in such cases, the port service charges applied by such an operator should be subject to supervision by thean independent supervisory body.
Amendment 170 #
Proposal for a regulation
Recital 22 a (new)
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 203 #
Proposal for a regulation
Recital 30
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 exchange of information between independent supervisory bodies should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principlesidentification of a European body whose decisions are binding for the ports should be concferning mechanisms for control by the Member States of the Commission's exercise of implementing powers13 red on the Commission. __________________ 13 OJ L 55, 28.2.2011, p. 13.
Amendment 204 #
Proposal for a regulation
Recital 31
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, and the 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.
Amendment 221 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 230 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 312 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) shipping safety in the port and environmental protection;
Amendment 332 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
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 336 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) thegreater affordability of the service for certainall potential categories of users.
Amendment 352 #
Proposal for a regulation
Article 9 – paragraph 2
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 369 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port mayshall require the designated provider of port services appointed in accordance with the procedure established by Article 7, in the case where this provider is different from the incumbent provider of port services, to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC. Furthermore, the management bodies shall be entitled to use the guarantee that said rights shall be upheld as a primary criterion in the selection of port service providers.
Amendment 374 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
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 385 #
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, 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 388 #
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, it shall keep the accounts of each port service activitythat publicly funded activity or investment separate from the accounts of its other activities, in such a way that :
Amendment 392 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
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 394 #
Proposal for a regulation
Article 12 – paragraph 4
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 independent supervisory body as referred to inbody designated pursuant to Article 17 for five years from the end of the fiscal year to which the information refers.
Amendment 397 #
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 bodybody designated pursuant to Article 17, upon request, 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 414 #
Proposal for a regulation
Article 14 – paragraph 3
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 473 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. In respect of the subsidiary principle and the national Regulations, each Member States shall ensure that an independent supervisory body monitors and supervises the application of this Regulation in all the seaports covered by this Regulation on theits territory of each Member State.
Amendment 487 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 495 #
Proposal for a regulation
Article 17 – paragraph 6 a (new)
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 506 #
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
9. Member States shall notify to the Commission the identity of the independent supervisory bodies by 1 July 2015within 12 months after the entry in force of the present Regulation at the latest and subsequently any modification thereof. The Commission shall publish and update the list of the independent supervisory bodies on its website.
Amendment 537 #
Proposal for a regulation
Article 25 – paragraph 1
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.