18 Amendments of Massimiliano SALINI related to 2013/0157(COD)
Amendment 108 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Ports can contribute to the long term competitiveness of European industries in world markets while adding value and jobs in all EU coastal regions. In order to address the challenges facing the maritime transport sector, such as the inefficiencies in the sustainable transport and logistics chain, it is essential that the actions set out in the Commission communication entitled 'Ports: an engine for growth' be implemented in tandem with this Regulation. The complexity of administrative procedures for customs clearance, resulting in delays in ports, represents a major obstacle to the competitiveness of short-sea shipping and the efficiency of Union ports.
Amendment 118 #
Proposal for a regulation
Recital 4
Recital 4
(4) The overwhelming majority of Union maritime traffic transits through the 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, this Regulation should only apply to the seaports 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. However, this Regulation should give Member States the possibility to decide whether to apply or not this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions. Member States may also introduce derogations in order to avoid disproportionate administrative burdens for those maritime ports of the comprehensive trans-European transport network whose annual traffic does not justify the full application of this Regulation. 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 Regulation.
Amendment 146 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Due to the significant variations in the size of ports, the economic capacity and the amount of space available for operations on the water also need to be taken into account when limiting the number of providers of port services. Moreover, it should be possible to limit access to the market so as to ensure safe, secure or environmentally sustainable port operations.
Amendment 198 #
Proposal for a regulation
Recital 23
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 Regulationand the charges applied by providers, which are not exposed to effective competition, entail a higher risk of price abuse. 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 marketlevied are not disproportionate to the economic value of the services provided and are set in a transparent and non- discriminatory way.
Amendment 275 #
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 determined by Member State, warehousing, stripping, repackaging or any other value added services related to the handled cargo;
Amendment 305 #
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 providcontract or any other act of equivalent effect between a provider of port service and the managing bod of the port or a competent authority; having as its subject-matter the provision of one or more port services following a procedure to limit the number ofas defined in Article 1(2), without prejudice to the form of designating providers of port services;.
Amendment 340 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. TWithout prejudice to the possibility of imposing public service obligations according to Article 8, the managing body of the port or the competent authority may require that providers of port services comply with minimum requirements to perform the corresponding port services.
Amendment 350 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the availability of the port service to all users;
Amendment 355 #
Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(d b) the availability of the service without interruption during the day, the night, the week and the year;
Amendment 370 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The managing body of the port shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with Article 4 within onea reasonable time, and in any events not exceeding four months from receiving a request for the granting of such a right. Any refusal shall be duly justified on the basis of objective, transparent, non- discriminatory and proportionate criteria.
Amendment 395 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the absence of limitation of the number of service providers leads to a financial compensation for the public service obligations which is excessively high for the managing body of the port or the competent authority, or for the port users;
Amendment 418 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. When a managing body of a port or a competent authority 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 limitingshall take necessary measures to avoid conflicts of interest. In the absence of such measures, the number of providers of port serviceshall not be less to han 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 twotwo, unless any of the reasons listed in paragraph 1 justifies a limitation to a single provider.
Amendment 516 #
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 mayight 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 548 #
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, it shall keep the accounts of each port service activity or investment separate from the accounts of its other activities, in such a way that :
Amendment 553 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) all costs and revenues are correctly assigned or allocated for every single service provided on the basis of consistently applied and objectively justifiable cost accounting principles; and
Amendment 572 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The cCharges 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 provideds are set in a transparent and non- discriminatory way.
Amendment 580 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The managing body of the port shall levyMember State 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 585 #
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 deftermined in an autonomous way by the managing body of the port according to its ownaccording to national ports policy and/or the individual port’s commercial strategy and investment plan reflecting competitive conditions of theand comply with competition reulevant market and in accordance with State aid rus, where applicables.