26 Amendments of Joachim SCHUSTER related to 2013/0157(COD)
Amendment 27 #
Proposal for a regulation
Recital 3
Recital 3
(3) Facilitating access to the port services market at Union level and iIntroducing the financial transparency and autonomy of seaports will improve the quality and efficiency of service provided to users of the port and contribute to a climate more favourable to investments in ports, and thereby help reduce costs for transport users and contribute to promoting short sea shipping and a better integration of maritime transport with rail, inland waterway and road transport.
Amendment 29 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 30 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 34 #
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and environmentally and socially 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 the equipment needed in order to provide the relevant port service, and compliance with maritime safety requiprement required insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provisions. These minimum requirements should also take into account environmental requirements as well as national social standards, compliance with the provisions on health and safety that apply to the port concerned and the good repute of the port service provider.
Amendment 36 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Each service provider, and especially one that is a new market entrant, should demonstrate its ability to serve a minimum number of vessels with its own staff and equipment. The service provider should apply the relevant provisions and rules including applicable labour laws, applicable collective agreements, and quality requirements of the port concerned.
Amendment 48 #
Proposal for a regulation
Recital 14
Recital 14
(14) The recourse to public service obligations leading to a limitation in the number of providers of a port service should only be justified for reasons of public interest in order to ensure the accessibility of the port service to all users, the availability of the port service all year long or the affordability of the port service to certain category of users, or safe, secure and environmentally and socially sustainable port operations.
Amendment 59 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In a highly complex and dangerous sector such as port services, training of new recruits as well as lifelong training of staff are essential for ensuring workers’ health and safety, as well as the quality of services. Adequate training should be a right for every worker entering the port sector. The EU-level Sectoral Social Dialogue Committee for Ports should be able to develop guidelines for the establishment of training requirements to ensure a high quality of education and training of workers, to minimise the risk of accidents and to meet future skill requirements.
Amendment 62 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Developments in the maritime industry, such as the increasing size of vessels and overcapacity, aggravate the already fluctuating demand for labour. In many ports this has resulted in an increase of casual work arrangements, which led to precarious and unsocial working conditions. The Member States, together with the social partners, should take measures to ensure employment continuity and social protection, despite the fluctuations in demand for labour, in accordance with the principles set out in the ILO Convention concerning the Social Repercussions of the New Methods of Cargo Handling in Docks (ILO Convention No. 137).
Amendment 63 #
Proposal for a regulation
Recital 19 c (new)
Recital 19 c (new)
(19c) All models for the organisation of port labour that secure quality jobs and safe working conditions should be supported by the Commission and the Member States. Any necessary adjustments should only be promoted through negotiations between the social partners, and the Commission should duly take into account the results of such negotiations.
Amendment 72 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Labour relations have a significant influence on the activities and working of the ports. Therefore the EU level Sectoral Social Dialogue Committee for Ports should be able to provide the EU social partners with a framework for the possible adoption of common results regarding social issues related to port labour relations. The Commission should facilitate, support and offer technical assistance to the negotiations where necessary, while respecting the autonomy of the social partners. The EU social partners should have the possibility to report on any progress made, if they wish so, so that their outcomes could be taken into account by the Commission when reporting on the effect of this Regulation.
Amendment 75 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) a clear framework for access to the marketthe organisation of port services;
Amendment 95 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
Amendment 97 #
Proposal for a regulation
Article 3
Article 3
Amendment 104 #
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) the compliance with requirements on the maritime safety or the safety and security of the port or access to it, its installations, equipment and persons, including the provisions on health and safety at work which apply to the port concerned;
Amendment 111 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the compliance with national social standards;
Amendment 112 #
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(db) the good repute of the port service provider with regard to the respect of social and labour rights, including the compliance with applicable Union and national law and with agreements to protect health and safety.
Amendment 115 #
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 ensureverify that adequate access to relevant training exists, under transparent and non- discriminatory conditions, unless adequate access to such training is ensured by the Member State.
Amendment 126 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the need to ensure the provision of safe, secure or environmentally sustainable port operations;
Amendment 132 #
Proposal for a regulation
Article 7
Article 7
Amendment 141 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) the safety, security or environmental sustainability of ports operations.
Amendment 142 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. In the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs, the competent authority may take an emergency measure. The emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year. During that time period, the competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9or shall apply Article 9. Collective actions shall not be a disruption of port services for which emergency measures can be taken.
Amendment 151 #
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 ofapplicable in the Member States.
Amendment 163 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 166 #
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 cargo handling services and, passenger services and pilotage.
Amendment 172 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The managing body of the port shall regularly consult stakeholders such as undertakings established in the port, providers of port services, operators of waterborne vessels, cargo owners, land transport operators and, public administrations and representatives of the employers and employees operating in the port area on the following:
Amendment 174 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) the compliance with the minimum requirements provided for in Article 4(2), including the proper application of health and safety at work which apply to the port concerned;