Activities of Marie-Christine ARNAUTU 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
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 (17)
Amendment 124 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 134 #
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 appears therefore appropriate at this stage not to regulate this issue at Union level and to leave it 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 159 #
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. 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, 11.1.2012, p. 3. 9 OJ L 114, 26.4.2012, p. 8. 10 OJ C 8, 11.1.2012.
Amendment 161 #
Proposal for a regulation
Recital 17
Recital 17
(17) The managing body of the port should not discriminate, except with regard to the principle of national preference, between providers of port services, in particular in favour of an undertaking or body in which it holds an interest.
Amendment 165 #
Proposal for a regulation
Recital 18
Recital 18
(18) 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 the independent supervisory body.
Amendment 171 #
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. 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. __________________ 11OJ L 82, 22.3.2001, p. 16.
Amendment 229 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 231 #
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, 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 267 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. Member States may also apply this Regulation to other seaports. When Member States decide to apply this Regulation to other seaports they shall notify their Decision to the Commission.
Amendment 503 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 518 #
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 may require the designated provider of port services, newly 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.
Amendment 681 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 682 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Where information is considered confidential by the independent supervisory body in accordance with Union or national rules on business confidentiality, the other national supervisory body and the Commission shall ensure such confidentiality. This information may only be used for the purpose which it was requested.
Amendment 683 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 685 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Any party with a legitimate interest shall have the right to appeal against the decisions or individual measures taken under this Regulation by the competent authorities, by the managing body of the port or by the independent supervisory body to an appeal body which is independent of the parties involved. This appeal body may not be a courtsubordinate body of the European institutions.
Amendment 687 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that theyose rules are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 1 July 2015 at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 695 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for an indeterminat specific period with the permissiodn of timehe Member States.