Activities of Christine REVAULT D'ALLONNES BONNEFOY related to 2013/0157(COD)
Plenary speeches (3)
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) FR
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) FR
Market access to port services and financial transparency of ports (debate) FR
Amendments (38)
Amendment 115 #
Proposal for a regulation
Recital 3 a (new)
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 117 #
Proposal for a regulation
Recital 4
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. PHowever, ports whose total annual freight volume is greater than 0.1% of total annual freight transiting through all EU seaports should not be covered under this Regulation. Member States should be able to exclude seaports located in the outermost regions from the scope of this Regulation. Finally, pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this Regulation.
Amendment 120 #
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 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 137 #
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 toinclude 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 thprotection of social and employment conditions, the equipment required, maritime safety standards and environmental requirements. These minimum requirements should serve only to improve the situation in a given port and do not constitute pgrovision of the port serviceunds for a reduction in standards.
Amendment 186 #
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 which have as their object the right of such providers to exploit parts of the public domain 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 236 #
Proposal for a regulation
Article 1 – paragraph 1 point a a (new)
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 238 #
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
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 244 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 248 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 260 #
Proposal for a regulation
Article 1 – paragraph 3
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 270 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
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 283 #
Proposal for a regulation
Article 2 – point 2 a (new)
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 286 #
Proposal for a regulation
Article 2 – point 4
Article 2 – point 4
Amendment 288 #
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 instrumentsregulations, the administration and management of the port infrastructures, port traffic in the seaport concerned, 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 292 #
Proposal for a regulation
Article 2 – point 6
Article 2 – 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 296 #
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
6. "moorberthing" means the berthing and un- berthing services required for a waterborne vessel being anchored or otherwise fastened to the shoretechnical-nautical services required for the mooring, shifting or undocking of a vessel in the port or in the waterways access to the port;
Amendment 299 #
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 seaport;
Amendment 301 #
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 imposed 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 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 307 #
Proposal for a regulation
Article 2 – point 13
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 listed in Article 1(2), if they are organised as economic activities;
Amendment 309 #
Proposal for a regulation
Article 2 – point 16
Article 2 – point 16
16. ‘seaport’ means an defined 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 312 #
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 315 #
Proposal for a regulation
Article 2 – point 18
Article 2 – point 18
18. ‘waterway access to a port’ means a water access to the port from the open sea, such as port approaches, fairways, rivers, sea canals and fjordbody connecting the open sea with the seaport and/or the inland waterways.
Amendment 317 #
Proposal for a regulation
Article 2 – point 18 a (new)
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 320 #
Proposal for a regulation
Article 2 – point 18 b (new)
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 322 #
Proposal for a regulation
Article 2 – point 18 c (new)
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
Article 3
Amendment 339 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. TWithout prejudice to the possibility of imposing public service obligations according to Article 8, 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 342 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 343 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The minimum requirements provided for in paragraph 1 may only relate, wh to intere applicable, tolia:
Amendment 346 #
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the equipment needed to provide the relevant port service in normal and safe conditions and theto any vessel which the port may receive, at all berths, in normal and safe conditions, in a continuous manner, and the technical and financial capacity to maintain this equipment at the appropriate level;
Amendment 348 #
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
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 358 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(d a) the continuity of the service.
Amendment 363 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 365 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 373 #
Proposal for a regulation
Article 5 – paragraph 2
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 one montha reasonable time, and within four months at the latest, from receiving a request for the granting of such a right and the necessary documents. Any refusal shall be duly justified on the basis of objective, transparent, non- discriminatory and proportionate criteria.
Amendment 382 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. By way of derogation from Article 3, tThe managing body of the port may limit the number of providers of port service for a given port service for one or sevin view, inter alia, of the following reasons:
Amendment 388 #
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 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 to the national legislation;
Amendment 390 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) to ensure compliance with minimum service requirements as provided for under Articles 4 and 5.