55 Amendments of Renaud MUSELIER related to 2013/0157(COD)
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 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 189 #
Proposal for a regulation
Recital 20 a (new)
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 251 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) moorberthing;
Amendment 258 #
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](EU) No 1316/2013 of the European Parliament and of the Council1a, provided that they meet the criteria laid down in Article 20(2)(b) of the aforementioned regulation. __________________ 1aRegulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).
Amendment 263 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
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 284 #
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 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 287 #
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 objective under national law or instruments the administration and management of the port infrastructures, port traffic, the coordination and, where appropriate, the control of the activities of the operators present in the port concerned, or which is authorised to have such an objective under the aforementioned national laws or instruments, the local administration and management of the port infrastructures, and, where appropriate, the coordination, management, organisation or the control of the activities of the operators present in the port concerned, the administration and management of port traffic in the port, and the development of the port area;
Amendment 295 #
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
6. "moorberthing" means the berthing and un- berthmooring services required for a waterborne vessel being anchored or otherwise fastened to the shore in the port or in the waterways access to the port;
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 302 #
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 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 those ports, as well as access to the processing of passengers and cargo where these waterways are administered and managed by the port itself, access to the processing of passengers and cargo, but excluding land lease rates and charges having equivalent effect;
Amendment 328 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Freedom to provideorganise port services
Amendment 340 #
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 services.
Amendment 345 #
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 thein a continuous manner and the technical and financial capacity to maintain this equipment at the appropriaterequired level;
Amendment 350 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the availability of the port service to all users;
Amendment 355 #
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 362 #
Proposal for a regulation
Article 4 – paragraph 2 – point d c (new)
Article 4 – paragraph 2 – point d c (new)
(dc) the compliance with social and labour legislation of the Member States.
Amendment 366 #
Proposal for a regulation
Article 4 – paragraph 4
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 traininginformation exists, under transparent and non- discriminatory conditions, unless adequate access to such training is ensured by the Member State.
Amendment 369 #
Proposal for a regulation
Article 5 – paragraph 1
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 371 #
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 onea reasonable time, and in any event not exceeding four months, 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 380 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
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 385 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
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 formal development plan of the portdecisions and plans as agreed by the management body of the port and where appropriate any other public competent authorities according to the national legislation;
Amendment 408 #
Proposal for a regulation
Article 6 – paragraph 2
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 sixthree months in advance together with the grounds justifying it, giving any interested party the opportunity to comment within a reasonable period.
Amendment 411 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The managing body of the port or the competent authority shall publish the adopted decision.
Amendment 418 #
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 429 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any limitation of the number of providers for a port service in accordance with Article 6 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.
Amendment 439 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 440 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 443 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 446 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. This Regulation is without prejudice to Directive …/… [concession]15 , Directive .…/….[Where contracts for the provision of port services take the form of service concessions within the meaning of Directive 2014/23/EU, the provisions of that Directive shall apply. This Regulation is without prejudice to Directive 2014/25/EU (public utilities]16) and Directive …/… 2014/24/EU[public procurement]17 __________________ 17 Proposal for a Directive on public procurement (COM/2011/0896 final)
Amendment 460 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) territorial cohesion.
Amendment 533 #
Proposal for a regulation
Article 11 – paragraph 1
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
Article 11 – paragraph 1
This Chapter and the transitional provisions of Article 24 shall not apply to pilotage, cargo handling services and, passenger services and mooring.
Amendment 556 #
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 retained or any other form of public financial support.
Amendment 558 #
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 in Article 17national body for five years from the end of the fiscal year to which the information refers.
Amendment 559 #
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 supervisorynational body, 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 576 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The port service provider shall make available to the competent independent supervisory body as referred to in Article 17,national body, in the event of a formal complaint and upon request, information on the elements serving as a basis to determine the structure and the level of the port service charges that falls under the application of paragraph 1 of this Article. This information shall include the methodology used for setting the port charges with regard to the facilities and services to which these port service charges relate to.
Amendment 593 #
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 related to frequentthe port’s economic strategy and the port’s spatial planning policy, related inter alia to certain categories of 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 available to all relevant port service users on equal tnon-discriminatory on the basis of nationality and shall comply with state aid and competition rules. Port infrastructure charges may vary also in accordance with commercial practices related inter alia to certain categories of userms.
Amendment 602 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 608 #
Proposal for a regulation
Article 14 – paragraph 6
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 612 #
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 supervisorynational body and to the Commission, in the event of a formal complaint and upon request, 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 617 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 626 #
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 representatives of operators of waterborne vessels, cargo owners or other port users’ advisory committee on the structure and level of such charges which are requested to pay an infrastructure charge or a port service charge or both. 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 committeethe port users on the structure and level of suchport service 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 641 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Independent supervisory bodyion
Amendment 644 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that an independent supervisory body monitors and superviseseffective mechanism is put in place to handle complaints arising from the application of this Regulation infor all the seaports covered by this Regulation on the territory of each Member State.
Amendment 649 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The independent supervisory body shall be legally distinct from andComplaints must be handled in a way that ensures that conflicts of interests are excluded 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. Complaints must be handled impartially and transparently and with due respect to the right to act freely conduct business.
Amendment 653 #
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 arising in connection with the application of this RegulationMember States shall ensure that port users and other relevant stakeholders are notified as to where and how they can make a complaint, including an indication of the bodies authorised to handle complaints and the competent national authorities referred to in Articles 12(5), 13(3) and 14(7).
Amendment 657 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 661 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 664 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 667 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
Amendment 670 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
Amendment 672 #
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
9. Member States shall notify to the he Commission of the identity of the independent supervisory bodies by 1 July 2015mechanism for handling complaints and shall indicate the bodies referred to in paragraph 3 by [24 months from the entry into force of this Regulation] at the latest and subsequently any modification thereof. The Commission shall publish and update the list of the independent supervisory bodiesis information on its website.
Amendment 678 #
Proposal for a regulation
Article 18
Article 18
Amendment 689 #
Proposal for a regulation
Article 21
Article 21