20 Amendments of Daniela AIUTO related to 2013/0157(COD)
Amendment 100 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The provisions governing providers of port services, including subcontractors, laid down by the competent national authority shall take precedence over those drawn up by the managing body of the port.
Amendment 107 #
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) the compliance with local, national, Union and international environmental requirements. laid down by law and in keeping with best practice, innovation and scientific progress in the area of greater environmental and energy efficiency.
Amendment 116 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The managing body of the port shall treat providers of port services, including subcontractors, impartially and equally and shall act in a prompt and transparent manner.
Amendment 128 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The restrictions laid down by the competent national authority shall take precedence over those imposed by the managing body of the port.
Amendment 129 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. the need to guarantee the health and safety of workers and the provision of safe, environmentally sustainable port operations and services which do not have an adverse impact on the surrounding environment.
Amendment 140 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Each service provider, and especially one that is a new market entrant, should apply the relevant provisions and rules including applicable labour laws and applicable collective agreements.
Amendment 153 #
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 at Union, national, regional or local level, the Member State shall 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 providercluding its subcontractors, to uphold rights as regards the information and consultation of pwort services,kers and to grant staff previously taken on by the incumbent provider of port services, irrespective of whether they perform their tasks on board vessels or on land for the services in question, the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 160 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where mManaging bodies of the port shall require all providers of port services and subcontractors to comply with certainall social and labour standards as regards the provision of relevant port serviceslaid down in Union or national law, including in applicable collective agreements. To this end, tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services.
Amendment 171 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 175 #
Proposal for a regulation
Article 21
Article 21
Amendment 273 #
Proposal for a regulation
Article 2 – point 2
Article 2 – point 2
2. "cargo handling services" means the organisation and handling of cargo between the carrying waterborne vessel and the shore be it for import, export or transit of the cargo, including the processing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding, unless otherwise established by the Member State, warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 294 #
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
6. "mooring" means the safe berthing and un- berthing services required for a waterborne vessel being anchored or otherwise fastened to the shore in the port or in the waterways access to the portvessel;
Amendment 303 #
Proposal for a regulation
Article 2 – point 12
Article 2 – point 12
12. "port service contract" means a formal and legally binding agreement between a provider of port service and a competent authority whereby this body designates a provider of port service to provide port services following a procedure to limit the number of providers of port servicesthe managing body or a competent authority;
Amendment 447 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States may decide to impose public service obligations related to port services on providers in order to ensure at least one of the following services:
Amendment 471 #
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 9Collective actions shall not be deemed to constitute interruptions of port services warranting emergency measures, provided that the managing body of the port or the competent authority ensures that the essential basic public services offered by the port are performed at all times and in all circumstances.
Amendment 512 #
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 or the competent authority may 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.
Amendment 519 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where managing bodies of the port or competent authorities require providers of port services to comply with certain social standards as regards the provision of relevant port services, tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services.
Amendment 571 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The charges for the services provided by an internal operator as referred to in Article 9 and the charges levied by providers of port service, in cases of limitation of the number of providers which have not been designated on the basis of procedures which are open, transparent and non- discriminatory, shall be set in a transparent and non-discriminatory way. These charges shall reflect the conditions on a competitive relevant market and shall not be disproportionate to the economic value of the service provided.
Amendment 579 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The managing body of the port shall levyMember States shall ensure that a port infrastructure charge is levied. This shall not prevent providers of port services which are using port infrastructures from levying port service charges.
Amendment 584 #
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 ownthe commercial strategyies and investment plan reflectings of individual ports and/or national port strategies, without infringing the competitive conditions of the relevant market and in accordance withor State aid rules.