Activities of Lucy ANDERSON related to 2013/0157(COD)
Plenary speeches (4)
Market access to port services and financial transparency of ports (debate)
Market access to port services and financial transparency of ports (debate)
Market access to port services and financial transparency of ports (debate)
Market access to port services and financial transparency of ports (debate)
Amendments (142)
Amendment 24 #
Proposal for a regulation
Title 1
Title 1
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on market access to port services and financial transparency of ports
Amendment 28 #
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majorityA significant proportion of Union maritime traffic transits through the core 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 portsand in recognition of the extra support for those ports through Union measures and funding, this Regulation should apply to thonly to the core 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. 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 Regulationnetwork. Future consideration may be given to its extension subject to appropriate consultation and impact assessment.
Amendment 32 #
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 the provision of the port service. protection 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 grounds for a reduction in standards.
Amendment 40 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 43 #
Proposal for a regulation
Recital 11
Recital 11
(11) Any intention to limit the number of port service providers, and a justification for that limitation, should be published in advance by the Member State, competent authority and should be fully justifiedor managing body of the port that intends to apply that limitation, in order to give the interested parties the opportunity to comment. The criteria for any limitation should be objective, transparent and non- discriminatory.
Amendment 45 #
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 usersby Member States or competent authorities, for those port services classified as being of general interest, shall take place in accordance with principles and requirements of EU law.
Amendment 52 #
Proposal for a regulation
Recital 18
Recital 18
(18) The Member State or competent authorities designated in a Member Statey 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 Member State or competent authority decides to provide the service itself, this may cover the provision of services through agents employed by the competent public 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 choicesuch cases, 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, and the port service charges applied by such an operator should be subject to supervision by the independent supervisory body.
Amendment 53 #
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 and shall take into account Article 28 of the numbCharter of port service providers,Fundamental Rights of the European Union. In cases where the conclusion of a port service contract may entail a change of port service operator, it should be possible for theMember States or competent public authorities to askshould require 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 . __________________ 11 OJ L 82, 22.3.2001, p. 16.
Amendment 73 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 76 #
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 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) common rules on the financial transparency and charges to be applied by managing bodies or providers of port servicesof port services covered by this Regulation.
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 88 #
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 core network, as defined in Annex I of Regulation XXX [regulation on the TEN-T Guidelines].
Amendment 90 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 91 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – 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, lashing, stowing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 92 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
2a. ‘competent authority’ means any public competent authority or group of public competent authorities of a Member State or Member States, under whose jurisdiction a port or ports are established;
Amendment 93 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
18. ‘waterway access to a port’ means water access to the port from the open sea, such as port approaches, fairways, rivers, sea canals and fjords, if such a waterway falls within the legal competence of the managing body of the port or a competent authority.
Amendment 94 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
Amendment 96 #
Proposal for a regulation
Article 3
Article 3
Amendment 99 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. In the event that the managing body of the port does not require minimum requirements, the Member State or competent authority may impose such requirements on the managing body of the port.
Amendment 102 #
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 102 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. AdopRejects its position at first reading hereinafter set out;
Amendment 103 #
Draft legislative resolution
Paragraph 2
Paragraph 2
Amendment 105 #
Proposal for a regulation
Title
Title
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 (Text with EEA relevance)
Amendment 106 #
Proposal for a regulation
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) 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 106 #
Proposal for a regulation
Title
Title
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on market access to port services and financial transparency of ports (Text with EEA relevance)
Amendment 107 #
Proposal for a regulation
Recital 1
Recital 1
(1) The full integration of ports in seamless logistic and transport chains is needed to contribute to growth and a more efficient use and functioning ofModern port services should contribute to an efficient use of ports, a climate favourable to investments to develop ports in line with current and future transport and logistics requirements and better inter-connectivity with the trans- European transportilway network and the internal market. This requires modern port services contributing to an efficient use of ports and a climate favourable to investments to develop ports in line with current and future transport and logistics requir. A legal framework for financial transparency should create a basis for enhanced cross-border cooperation and coordination between ports in terms of infrastructure capacity planning and managements. .
Amendment 109 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The Commission should propose a trans-European concept within the 'Motorways of the sea' that boosts the ports in cross-border regions, such as the Mediterranean, Black Sea, Atlantic and the Baltic sea in order to realise port services nearer to the departure or final destination of the transport flows and therefore contributes to the reduction and avoidance of less sustainable land transport.
Amendment 111 #
Proposal for a regulation
Recital 2
Recital 2
Amendment 112 #
Proposal for a regulation
Recital 3
Recital 3
Amendment 114 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The implementation of this regulation shall under no circumstances constitute grounds for a reduction in the level of minimum requirements for the provision of port services already afforded by Member States or competent authorities.
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 116 #
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majorityA significant proportion of Union maritime traffic transits through the core 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 portsand in recognition of the extra support for those ports through Union measures and funding, this Regulation should apply only to the core 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. 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 Regulationnetwork. Future consideration may be given to its extension subject to appropriate consultation and impact assessment.
Amendment 118 #
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 portThe Member State or competent authority may limit the number of providers of a port service forin a given port service for one or several of the following reasonsreasons, including:
Amendment 122 #
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.
Amendment 125 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) In the cases provided for in Article 9 (1), whereby the port service provider is considered as an internal operator for the purpose of this Regulation;
Amendment 125 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 127 #
Proposal for a regulation
Article 6 – paragraph 1 – point b b (new)
Article 6 – paragraph 1 – point b b (new)
(bb) When the managing body of the port is neither the Member State nor the competent authority, that managing body may limit the number of providers in accordance with paragraph 1 in cases where national legislation so permits.
Amendment 130 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 130 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 131 #
Proposal for a regulation
Article 7
Article 7
Amendment 133 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member StatesIn the cases where Member States or competent authorities classify port services as being of general interest, they may decide to impose public service obligations related to portthose services on providers in order to ensure the following:, in accordance with principles and requirements of the Union law.
Amendment 135 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 136 #
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 insofar as these requirements are transparent, non- discriminatory, objective and relevant for the provision of the port serviceneeded in order to provide the relevant port service and compliance with maritime safety requirements. These conditions should take into account environmental requirements as well as national social standards.
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 138 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
Amendment 139 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 143 #
Proposal for a regulation
Recital 9
Recital 9
(9) TWhe procedure to grant with the right to provide port services when compliance with minimum requirements is requiredn compliance with minimum requirements is required to provide port services, the procedure for granting or refusing the right to provide such services should be transparent, objective and non- discriminatory, and should allow the providers of port services to start the provision of their port services in a timely manneravoid unnecessary delay.
Amendment 144 #
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 Member State or 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 Member State or competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 76 or shall apply Article 9.
Amendment 144 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 146 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Collective actions, including but not limited to strikes, shall not be considered a disruption of port services for which an emergency measure can be taken.
Amendment 147 #
Proposal for a regulation
Recital 11
Recital 11
(11) Any intention to limit the number of port service providers, and a justification for that limitation, should be published in advance by the Member State, competent authority and should be fully justifiedor managing body of the port that intends to apply that limitation, in order to give the interested parties the opportunity to comment. The criteria for any limitation should be objective, transparent and non- discriminatory.
Amendment 148 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where the national legislation of a Member State so permits, the managing body of a port may provide a port service itself or through a legally distinct entity over which it exercises a control similar to that exercised over its own departments. In such a case, the port service provider shall be considered as an internal operator for the purpose of this Regulation.
Amendment 149 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 151 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 154 #
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 by Member States or competent authorities, for those port services classified as being of general interest, shall take place in accordance withe port service to certain category of usersrinciples and requirements of EU law.
Amendment 157 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 160 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 163 #
Proposal for a regulation
Recital 18
Recital 18
(18) The Member State or competent public authorities designated in a Member Statey 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 Member State or competent public authority decides to provide the service itself, this may cover the provision of services through agents employed by the competent public authority or commissioned by the competent public 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 choicesuch cases, 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, and the port service charges applied by such an operator should be subject to supervision by the independent supervisory body.
Amendment 167 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter, with the exception of Articles 4(2), 8(6) and Article 10 and the transitional provisions of Article 24 shall not apply to cargo handling services and, passenger services, pilotage, towage and mooring.
Amendment 167 #
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 and shall take into account Article 28 of the numbCharter of port service providers,Fundamental Rights of the European Union. In cases where the conclusion of a port service contract may entail a change of port service operator, it should be possible for theMember States or competent public authorities to askshould require 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 . __________________ 11 OJ L 82, 22.3.2001, p. 16.
Amendment 174 #
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 dockworkers' health and safety, as well as the quality of services. Adequate training shall 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 dockworkers, to minimise the risk of accidents and to meet future skill requirements.
Amendment 176 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
No later than threewo years after the entry into forcedate of application of this Regulation, the Commission shall present a report to the European Parliament and the Council on the functioning and effect of this Regulation, accompanied, if appropriate, by relevant proposals. The report of the Commission shall take into account any progress achieved by the EU-level Sectoral Social Dialogue Committee for Ports.
Amendment 180 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
It shall apply with effect from 1 July 2015...* . * OJ: Please insert the date: 36 months after the entry into force of this Regulation.
Amendment 183 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 197 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 203 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 206 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 208 #
Proposal for a regulation
Recital 26
Recital 26
(26) Adequate facilities should be in place to ensure that the users of the ports which are requested to pay a port infrastructure charge and/or a port service charge are regularly consulted when the port infrastructure charge and the port service charge are defined and changare regularly consulted. The managing bodies of the ports should also regularly consult other stakeholders on key issues related to the sound development of the port, its performance and its capacity to attract and generate economic activities such as the coordination of port services within the port area and the efficiency of the connections with the hinterland and of the administrative procedures in ports.
Amendment 210 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 216 #
Proposal for a regulation
Recital 28
Recital 28
(28) The different independent supervisory bodies should exchange information on In the event of any cross-border dispute or complaint, the different bodies providing independent supervision should cooperate with each otheir work and cooperate in order to ensure a uniform applicand exchange information ofn this Regulationeir work.
Amendment 223 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 226 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 232 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 233 #
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 seaport services;
Amendment 234 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) common rules on the financial transparency and charges to be applied by managing bodies or providers of port servicesof port services covered by this Regulation.
Amendment 235 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) common rules on the financial transparency and charges to be applied by managing bodies or providers of seaport services.
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 240 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
Amendment 242 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 252 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 254 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 257 #
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 core network, as defined in Annex I of Regulation XXX [regulation on the TEN-T Guidelines].
Amendment 262 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Regulation is without prejudice to Directive 2014/23/EU [concession], Directive 2014/25/EU [public utilities] and Directive 2014/24/EU [public procurement]
Amendment 265 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 277 #
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, lashing, stowing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 281 #
Proposal for a regulation
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
2 a. ‘competent authority’ means any public competent authority or group of public competent authorities of a Member State or Member States, under whose jurisdiction a port or ports are established;
Amendment 313 #
Proposal for a regulation
Article 2 – point 18
Article 2 – point 18
18. ‘waterway access to a port’ means water access to the port from the open sea, such as port approaches, fairways, rivers, sea canals and fjords, if such a waterway falls within the legal competence of the managing body of the port or a competent authority.
Amendment 323 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
Amendment 326 #
Proposal for a regulation
Article 3
Article 3
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 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 356 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the credentials of the applicant with regard to respect for social and labour rights, including respect for existing collective agreements and the legal provisions in terms of health and safety at the workplace;
Amendment 363 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
Amendment 381 #
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 portThe Member State or competent authority may limit the number of providers of a port service forin a given port service for one or several of the following reasonsreasons, including:
Amendment 384 #
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 thein accordance with 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.
Amendment 392 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(aa) the need to ensure the provision of safe, secure or environmentally sustainable port operations;
Amendment 398 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) In cases provided for in Article 9 (1), whereby the port service provider is considered as an internal operator for the purpose of this Regulation;
Amendment 399 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(b a) where the characteristics of the port traffic of a given port do not enable multiple providers to provide port services in economically satisfactory conditions and/or in terms of security and quality of service;
Amendment 406 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
When the managing body of the port is neither the Member State nor the competent authority, that managing body may limit the number of providers in accordance with paragraph 1 in cases where national legislation so permits.
Amendment 409 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. TheAny proposal to apply paragraph 1 shall be published by the Member State, competent authority or managing body of the port sthall publish any proposal to apply paragraph 1t intends to apply that limitation at least six months in advance together with the grounds justifying it, giving any interested party the opportunity to comment within a reasonable period.
Amendment 414 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 422 #
Proposal for a regulation
Article 7
Article 7
Amendment 449 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member StatesIn cases where Member States or competent authorities classify port services as being of general interest, they may decide to impose public service obligations related to portthose services on providers in order to ensure the following:, in accordance with principles and requirements of EU law.
Amendment 452 #
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 453 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
Amendment 456 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 457 #
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 463 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 466 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Member States shall designate the competent authorities within their territory to impose such public service obligations. The managing body of the port may be themanaging body of the port shall ensure that public service obligations imposed by the Member State or competent authority are fulfilled.
Amendment 468 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. When the competent authority designated in accordance wimanaging body of the paragraph 3 is different from the managing body of the portort is not the competent authority or Member State, that competent authority or Member State shall exercise the powers provided for in Articles 6 and 7 concerning the limitation of the number of providers of port services based on public service obligations.
Amendment 469 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. If a competent authorityMember State decides to impose public service obligations in all theits seaports covered by this Regulation in a Member State, it shall notify these obligations to the Commission.
Amendment 475 #
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 Member State or 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, theMember State or competent authority shall either launch a new procedure to select a provider of port service in accordance with Article 7 or shall apply Article 9.
Amendment 478 #
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 exercise of the right to collective bargaining and collective measures, including the right to strike, shall not constitute grounds for taking emergency measures. 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 9.
Amendment 481 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Collective actions, including but not limited to strikes, shall not be considered a disruption of port services for which an emergency measure can be taken.
Amendment 484 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the cases provided for in Article 6 (1) (b), theThe Member State or competent authority may decide to provide a port service under public service obligations itself or to impose such obligations directly on a legally distinct entity over which it exercises a control similar to that exercised over its own departments. In such a case, the port service provider shall be considered as an internal operator for the purpose of this Regulation.
Amendment 491 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where the national legislation of a Member State so permits, the managing body of a port may provide a port service itself or through a legally distinct entity over which it exercises a control similar to that exercised over its own departments. In such a case, the port service provider shall be considered as an internal operator for the purpose of this Regulation.
Amendment 493 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The competent authorityIn the cases provided for in paragraphs 1 and 1a, the Member State, competent authority or managing body of the port shall be considered as exercising a control of a legally distinct entity similar to that exercised to its own departments only if it exercises a decisive influence over both the strategic objectives and the significant decisions of the controlled legal entity.
Amendment 495 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 509 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. This RegulationDirective shall not affect the application of the social and labour rules of the Member States.
Amendment 514 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Without prejudice to national andlaw, Union law, including particular Directive 2001/23/EC, and collective agreements between social partners at the European, national, regional or local level, the managing bodies of the port mayshall 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 respect rights in terms of informing and consulting workers and 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 525 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Training and labour protection 1. The employer shall ensure that its employees receive the necessary training to acquire a sound knowledge of the conditions in which their work is conducted and that they are properly trained to tackle the hazards which the work may entail. Member States shall take the necessary measures to ensure that such a principle is properly enforced. 2. In full respect of the autonomy of social partners, the EU-level Sectoral Social Dialogue Committee for Ports is invited to develop guidelines for the establishment of training requirements to prevent accidents and ensure the highest level of safety and health for port workers. Such training requirements shall be regularly updated in order to reduce on an ongoing basis the occurrence of accidents at the workplace. 3. Member States, in full cooperation with social partners, shall take measures in order to set up arrangements which ensure a balance between the fluctuation in the demand for port work and flexibility required by port operations, on the one hand, and continuity and protection of employment, on the other hand.
Amendment 535 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter, with the exception of Articles 4(2), 8(6) and 10 and the transitional provisions of Article 24 shall not apply to cargo handling services and, passenger services, pilotage, towage and mooring.
Amendment 552 #
Proposal for a regulation
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Where the managing body of the port that receives public funds provides port services itself and receives public funds for those port services, it shall keep thwo separate accounts, of eachne for the port service activity separate from the accounts ofies for which it receives public funding and another for its other activities, in such a way that:
Amendment 570 #
Proposal for a regulation
Article 13
Article 13
Amendment 577 #
Proposal for a regulation
Article 14
Article 14
Amendment 621 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The managing body of the port shall establish a committee of representatives of operators of waterborne vessels, cargo owners or other port users such as representatives from interconnected transport service operators which are requested to pay an infrastructure charge or a port service charge or both. This committee shall be called the ‘port users’ advisory committee’.
Amendment 631 #
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, port workers, and public administrations operating in the port area, inhabitants in and near to the port area and representatives of environmental non-governmental organisations on the following:
Amendment 633 #
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) the consequences of planning and of spatial planning decisions in terms of environmental performance;
Amendment 692 #
Proposal for a regulation
Article 21
Article 21
Amendment 697 #
Proposal for a regulation
Article 22
Article 22
Amendment 699 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
No later than threewo years after the entry into force of this Regulation takes effect, the Commission shall present a report to the European Parliament and the Council on the functioning and effect of this Regulation, accompanied, if appropriate, by relevant proposals. The report of the Commission shall take into account any progress achieved by the EU-level Sectoral Social Dialogue Committee for Ports.
Amendment 708 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 710 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
It shall apply with effect from 1 July 2015...* . * OJ: Please insert the date: 36 months after the entry into force of this Regulation.
Amendment 712 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3