[ParlTrack]

Proposal for a regulation
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)

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 2

(2) In the Communication on the Single Market Act II Together for new growth6 , the Commission has recalled that the attractiveness of maritime transport is dependent on the availability efficiency and reliability of port services and the necessity of addressing questions regarding the transparency of public funding and port charges, administrative simplification efforts in ports and reviewing restrictions on the provision of services at ports. __________________ 6 COM(2012) 573 final (3.10.2012)deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 3

(3) Facilitating access to the port services market at Union level and introducing 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.deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Richard CORBETT, Theresa GRIFFIN

Proposal for a regulation
Recital 4

(4) ~~The overwhelming majority~~A 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 ports~~and 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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 5

(5) The objective of Article 56 of the Treaty on the Functioning of the European Union is to eliminate restrictions on freedom to provide services in the Union. In accordance with Article 58 of the Treaty on the Functioning of the European Union should be achieved within the framework of the provisions of the Title relating to transport, more specifically Article 100 (2).deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN, Ismail ERTUG

Proposal for a regulation
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.deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Isabelle THOMAS, Siôn SIMON, Theresa GRIFFIN, Ismail ERTUG, Christine REVAULT D'ALLONNES BONNEFOY, Virginie ROZIÈRE

Proposal for a regulation
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~~include 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 th~~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 pgro~~vision of the port service~~unds for a reduction in standards.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 9

(9) TWhe ~~procedure to grant with the right to provide port services when compliance with minimum requirements is required~~n 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 manner~~avoid unnecessary delay.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 10

(10) Since ports are constituted of limited geographical areas, access to the market could, in certain cases, be subject to limitations relating to the scarcity of land or in case the land is reserved for certain type of activities in accordance with a formal development plan which plans in a transparent way the land use and with relevant national legislation such as those related to town and country planning objectives.deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
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 justified~~or 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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN, Ismail ERTUG

Proposal for a regulation
Recital 13

(13) The selection procedure for providers of port service in the case the number of those providers is limited should follow the principles and approach determined in Directive ../../… [concession]7 , including the threshold and method for determining the value of the contracts as well as the definition of substantial modifications and the elements related to the duration of the contract. __________________ 7 Proposal for a Directive on the award of concession contracts (COM 2011) 897 finaldeleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Siôn SIMON, Richard CORBETT, Theresa GRIFFIN

Proposal for a regulation
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 p~~ort service to certain category of users~~rinciples and requirements of EU law.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 15

(15) Where there is a need to limit the number of port service providers, the decision on that limitation may be entrusted by the Member state to a different authority in order to safeguard competition. Any limitation in the number of providers of port services should follow a procedure which is open, transparent and non-discriminatory. This should however not be the case when public service obligations are to be entrusted directly to a competent authority or an internal operator.deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 17

~~(17) The managing body of the port should not discriminate between providers of port services, in particular in favour of an undertaking or body in which it holds an interest.~~deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Isabelle THOMAS, Jude KIRTON-DARLING, Clare MOODY, Anneliese DODDS, Theresa GRIFFIN, Martina ANDERSON

Proposal for a regulation
Recital 18

(18) The Member State or competent public authorit~~ies designated in a Member State~~y 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 choice~~such 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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN, Ismail ERTUG

Proposal for a regulation
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 ~~numb~~Charter 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 the~~Member States or competent public authorities ~~to ask~~should 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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 20

(20) In many ports, the market access for providers of cargo-handling and terminal passenger services is granted by means of public concession contracts. This type of contracts will be covered by the Directive ..../…[concessions]. Consequently, Chapter II of this Regulation should not apply to the provision of cargo-handling and passenger services, but Member States should remain free to decide to apply nevertheless the rules of this Chapter to these two services. For other types of contracts used by public authorities for granting market access to cargo handling and terminal passenger services, the Court of Justice of the European Union has confirmed that the competent authorities are bound by the principles of transparency and non- discrimination when concluding these contracts. These principles are fully applicable as regards the provision of any port service.deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 23

(23) Port service charges applied by providers of port services which are not designated in accordance with an open, transparent and non-discriminatory procedure entail a higher risk of price abuse given their monopolistic or oligopolistic situation and the fact that their market cannot be contested. The same is true for charges levied by internal operators in the meaning of this Regulation. For those services, in the absence of fair market mechanisms, arrangements should be established to ensure that the charges they levy reflect the normal conditions of the relevant market and are set in a transparent and non-discriminatory way.deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 24

(24) In order to be efficient, the port infrastructure charges of each individual port should be set in a transparent and autonomous way in accordance with that port's own commercial and investment strategy.deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 25

(25) The variation of port infrastructure charges should be allowed in order to promote short sea shipping and to attract waterborne vessels having an environmental performance or energy and carbon efficiency of the transport operations, notably the off-shore or on- shore maritime transport operations, that is better than average. This should help to contribute to the environmental and climate change policies and the sustainable development of the port and its surroundings notably by contributing to reducing the environmental footprint of the waterborne vessels calling and staying in the port.deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
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 chang~~are 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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 27

~~(27) In order to ensure the proper and effective application of this Regulation, an independent supervisory body, which could be an already existing body, should be designated in every Member State.~~deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 29

(29) In order to supplement and amend certain non-essential elements of this Regulation and in particular to promote the uniform application of environmental charging, reinforce the Union-wide coherence of environmental charging and to ensure common charging principles in relation to the promotion of short sea shipping, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of common classifications of vessels, fuels and types of operations according to which to vary the infrastructure charges and common charging principles for port infrastructure charges. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Recital 30

(30) In order to ensure uniform conditions for the implementation of this Regulation implementing powers relating to appropriate arrangements for the exchange of information between independent supervisory bodies should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers13 . __________________ 13deleted OJ L 55, 28.2.2011, p. 13.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 1 – paragraph 1 – point a

~~(a) a clear framework for access to the market of port services;~~deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
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 services~~of port services covered by this Regulation.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Isabelle THOMAS, Siôn SIMON, Jude KIRTON-DARLING, Clare MOODY, Anneliese DODDS, Theresa GRIFFIN, Olga SEHNALOVÁ, Martina ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY

Proposal for a regulation
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;

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 1 – paragraph 2 – point c

~~(c) dredging;~~deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 1 – paragraph 2 – point g

~~(g) pilotage and;~~deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 1 – paragraph 2 – point h

~~(h) towage.~~deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Richard CORBETT, Theresa GRIFFIN

Proposal for a regulation
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].

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
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]

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
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.~~deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Keith TAYLOR, Theresa GRIFFIN

Proposal for a regulation
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;

2015/07/02
Committee: TRAN

Lucy ANDERSON, Isabelle THOMAS, Richard CORBETT, Theresa GRIFFIN, Ismail ERTUG

Proposal for a regulation
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;

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Chapter 2 – title

~~Market ac~~Organisation of port servicess

2015/07/02
Committee: TRAN

Lucy ANDERSON, Isabelle THOMAS, Theresa GRIFFIN

Proposal for a regulation
Article 3

1. Freedom to provide services in seaports covered by this Regulation shall apply to the providers of port services established in the Union under the conditions set out in this Chapter. 2. Providers of port services shall have access to essential port facilities to the extent necessary for them to carry out their activities. The terms of the access shall be fair, reasonable and non- discriminatory.Article 3 deleted Freedom to provide services

2015/07/02
Committee: TRAN

Lucy ANDERSON, Isabelle THOMAS, Siôn SIMON, Jude KIRTON-DARLING, Clare MOODY, Anneliese DODDS, Theresa GRIFFIN, Martina ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY

Proposal for a regulation
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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN, Christine REVAULT D'ALLONNES BONNEFOY

Proposal for a regulation
Article 4 – paragraph 2 – introductory part

2. The minimum requirements provided for in paragraph 1 may ~~only~~ relate~~, wh~~ to intere a~~pplicable, to~~lia:

2015/07/02
Committee: TRAN

Lucy ANDERSON, Siôn SIMON, Isabelle THOMAS, Jude KIRTON-DARLING, Clare MOODY, Anneliese DODDS, Theresa GRIFFIN, Martina ANDERSON, Olga SEHNALOVÁ, Christine REVAULT D'ALLONNES BONNEFOY, Ismail ERTUG

Proposal for a regulation
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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Siôn SIMON, Isabelle THOMAS, Jude KIRTON-DARLING, Clare MOODY, Anneliese DODDS, Theresa GRIFFIN, Martina ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY

Proposal for a regulation
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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 6 – paragraph 1 – introductory part

1. ~~By way of derogation from Article 3, the managing body of the port~~The Member State or competent authority may limit the number of providers of a port service ~~for~~in a given port ~~service~~ for one or several ~~of the following reasons~~reasons, including:

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
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;

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN, Christine REVAULT D'ALLONNES BONNEFOY

Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)

(aa) to ensure compliance with minimum service requirements as provided for under Articles 4 and 5.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
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;

2015/07/02
Committee: TRAN

Lucy ANDERSON, Keith TAYLOR, Theresa GRIFFIN

Proposal for a regulation
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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 6 – paragraph 2

2. ~~The~~Any proposal to apply paragraph 1 shall be published by the Member State, competent authority or managing body of the port stha~~ll publish any proposal to apply paragraph 1~~t 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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 6 – paragraph 4

4. When a managing body of a port 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 limiting the number of providers of port services to an 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 two.deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 7

Procedure for the limitation of the number of providers of port services 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. 2. If the estimated value of the port service exceeds the threshold defined in paragraph 3, the rules on the award procedure, the procedural guarantees and the maximum duration of the concessions as set out in Directive …./…. [concession] shall apply. 3. The threshold and the method to determine the value of the port service shall be those of the relevant and applicable provisions of Directive .…/…. [concession]. 4. The selected provider or providers and the managing body of the port shall conclude a port service contract. 5. For the purposes of this Regulation, a substantial modification within the meaning of Directive …./… [concession] of the provisions of a port service contract during its term shall be considered as a new port service contract and shall require a new procedure as referred to in paragraph 2. 6. Paragraphs 1 to 5 of this Article shall not apply in the cases referred to in Article 9. 7. This Regulation is without prejudice to Directive …/… [concession]15 , Directive .…/….[public utilities]16 and Directive …/… [public procurement]17 __________________ 15 Proposal for a Directive on the award of concession contracts (COM 2011) 897 final 16Proposal for a Directive on procurement by entities operating in the water, energy, transport and postal services sectors (COM/2011/0895 final) 17Proposal for a Directive on public procurement (COM/2011/0896 final)Article 7 deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Jude KIRTON-DARLING, Clare MOODY, Anneliese DODDS, Theresa GRIFFIN, Martina ANDERSON

Proposal for a regulation
Article 8 – paragraph 1 – introductory part

1. ~~Member States~~In 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 ~~port~~those services ~~on providers in order to ensure the following:~~, in accordance with principles and requirements of EU law.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 8 – paragraph 1 – point a

~~(a) the availability of the service without interruption during the day, the night, the week and the year;~~deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 8 – paragraph 1 – point b

~~(b) the availability of the service to all users;~~deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 8 – paragraph 1 – point c

~~(c) the affordability of the service for certain categories of users.~~deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 8 – paragraph 2

2. The obligations referred to in paragraph 1 shall be clearly defined, transparent, non-discriminatory, verifiable and shall guarantee equality of access to all port service providers established in the Union.deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
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 the~~managing body of the port shall ensure that public service obligations imposed by the Member State or competent authority are fulfilled.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 8 – paragraph 4

4. When the ~~competent authority designated in accordance wi~~managing body of the p~~aragraph 3 is different from the managing body of the port~~ort 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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 8 – paragraph 5

5. If a ~~competent authority~~Member State decides to impose public service obligations in all ~~the~~its seaports covered by this Regulation ~~in a Member State~~, it shall notify these obligations to the Commission.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
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 7~~ or shall apply Article 9.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Isabelle THOMAS, Siôn SIMON, Theresa GRIFFIN

Proposal for a regulation
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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 9 – paragraph 1

1. ~~In the cases provided for in Article 6 (1) (b), the~~The 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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Jude KIRTON-DARLING, Clare MOODY, Anneliese DODDS, Richard CORBETT, Theresa GRIFFIN

Proposal for a regulation
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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 9 – paragraph 2

2. ~~The competent authority~~In 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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 9 – paragraph 3

~~3. The internal operator shall be confined to perform the assigned port service only in the port(s) for which the assignment to provide the port service has been attributed to him.~~deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Keith TAYLOR, Theresa GRIFFIN, Karima DELLI

Proposal for a regulation
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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Jude KIRTON-DARLING, Clare MOODY, Anneliese DODDS, Richard CORBETT, Theresa GRIFFIN

Proposal for a regulation
Article 13

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. 2. The payment of the port service charges may be integrated in other payments, such as the payment of the port infrastructure charges. In this case, the provider of port service and, where appropriate, the managing body of the port shall make sure that the amount of the port service charge remains easily identifiable by the user of the port service. 3. The port service provider shall make available to the competent independent supervisory body as referred to in Article 17, 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.Article 13 deleted Port service charges

2015/07/02
Committee: TRAN

Lucy ANDERSON, Jude KIRTON-DARLING, Clare MOODY, Anneliese DODDS, Richard CORBETT, Theresa GRIFFIN

Proposal for a regulation
Article 14

~~[...]~~deleted

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 21

~~1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this~~ Article. 2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for an indeterminate period of time. 3. The delegation of power referred to in Article 14 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 14 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.1 deleted Exercise of the delegation

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 22

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.Article 22 deleted Committee procedure

2015/07/02
Committee: TRAN

Lucy ANDERSON, Theresa GRIFFIN

Proposal for a regulation
Article 23 – paragraph 1

No later than t~~hree~~wo years after th~~e entry into force of th~~is 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.

2015/07/02
Committee: TRAN

Lucy ANDERSON, Richard CORBETT, Theresa GRIFFIN

Proposal for a regulation
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.

2015/07/02
Committee: TRAN

71 Amendments of Theresa GRIFFIN related to 2013/0157(COD)

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