19 Amendments of Saïd EL KHADRAOUI related to 2013/0157(COD)
Amendment 121 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In accordance with Protocol 26 to the Treaty on the Functioning of the European Union, the provisions of this Regulation in no way affect the competence of the Member States to provide or organise the services covered by it as non-economic services of general interest. Consequently, the Member States and competent authorities retain the power to organize these activities and services on economic or non-economic lines.
Amendment 122 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) This Regulation does not impose a specific port management model assigning a specific status, role or mission to the port management body. Provided that rules relating to market access and transparency are respected, existing port management models established at national level in the Member States may be retained, including arrangements under which port management rights and responsibilities are delegated to (other) authorities responsible for safeguarding public interests in this respect.
Amendment 123 #
Proposal for a regulation
Recital 6 c (new)
Recital 6 c (new)
(6c) Under certain port management models, the port management bodies are assigned (specific) rights and responsibilities as the competent authority. The Regulation applies regardless of whether the competent authority is the Member State itself or a port management body authorized to act in this capacity.
Amendment 132 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Each service provider and especially new market entrants should demonstrate their ability to serve a minimum number of vessels with their own staff and equipment. They should apply the relevant provisions and rules including applicable labour laws, applicable collective agreements and quality requirements of the port.
Amendment 154 #
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 undertakings providing port services. This Regulation shallould not affect the application of the social and labour rules of the Member States and it should fully respect Article 28 of the Charter of Fundamental Rights of the European Union. In cases of limitation of the number of port service providers, where the conclusion of a port service contract may entail a change of port service operator, it should be possible for the competent 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 156 #
Proposal for a regulation
Recital 20
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.
Amendment 177 #
Proposal for a regulation
Recital 23
Recital 23
(23) PFor port service charges applied by providers of port services which are not designated in accordance with an open, transparent and non-discriminatory procedurarrangements should be enstail 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 marketblished to ensure that the charges they levy are proportional to the economic value of the service provided and are set in a transparent and non- discriminatory way.
Amendment 207 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
Amendment 213 #
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Regulation shall apply to the provision of the following categories of port services, either inside the port area or on the waterway access to and from the ports, if they are organised as economic activities.
Amendment 238 #
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 securing and release, processing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but exincluding warehousing, stripping, repackaging or any other value added services carried out at the seaport related to the handled cargo;
Amendment 258 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. „"provider of port services" means any natural or legal person providing, or wishing to provide, for remuneration, one or more categories of port services lorganisted in Article 1(2)as an economic activity;
Amendment 273 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. TWithout prejudice to the possibility of imposing public service obligations under Article 8, the managing body of the port may require that providers of port services comply with minimum requirements to perform the corresponding port service.
Amendment 288 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(d a) the good repute of the applicant regarding the respect of social and labour rights, including the application of laws and the agreement to protect health and safety;
Amendment 334 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the availability of the service to all users, where appropriate on equal terms;
Amendment 344 #
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. Collective actions are not included amongst the disruptions for which emergency measures can be taken. 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 354 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If, without prejudice to Article 8(3), a competent authority decides to apply paragraph 1 in all the seaports covered by this Regulation in a Member State, it shall inform the Commission.
Amendment 406 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The charges for the services provided by an internal operator as referred to in Article 9 and the charges levied by providers of port service, in cases of limitation of the number of providers which have not been designated on the basis of procedures which are open, transparent and non- discriminatory, shall be set in a transparent and non-discriminatory way. These charges shall reflect the conditions on a competitive relevant market and shall not be disbe proportionatel to the economic value of the service provided.
Amendment 456 #
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. The managing body of the port shall regularly consult stakeholders such as undertakings established in the port, providers of port services, operators of waterborne vessels, cargo owners, land transport operators and, public administrations and representatives of the workforce operating in the port area on the following:
Amendment 533 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1