[ParlTrack]

Elżbieta Katarzyna ŁUKACIJEWSKA, Jarosław WAŁĘSA, Dariusz ROSATI

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 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.deleted

2015/07/02
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Dariusz ROSATI, Jarosław WAŁĘSA

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

~~(c) dredging;~~deleted

2015/07/02
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Jarosław WAŁĘSA, Dariusz ROSATI

Proposal for a regulation
Article 3 – paragraph 1

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.

2015/07/02
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Jarosław WAŁĘSA, Dariusz ROSATI

Proposal for a regulation
Article 4 – paragraph 1

~~1. The managing body of the port may require that providers of port services comply with minimum requirements to perform the corresponding port service.~~deleted

2015/07/02
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Dariusz ROSATI, Jarosław WAŁĘSA

Proposal for a regulation
Article 6

Limitations of the number of providers of 1. By way of derogation from Article 3, the managing body of the port may limit the number of providers of port service for a given port service for one or several of the following reasons: (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 the national legislation; (b) the public service obligations as provided for in Article 8, insofar as the absence of limitation can obstruct the performance of the obligations assigned to the providers of port services. 2. The managing body of the port shall publish any proposal to apply paragraph 1 at least six months in advance together with the grounds justifying it, giving any interested party the opportunity to comment within a reasonable period. 3. The managing body of the port shall publish the adopted decision. 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.Article 6 deleted port services

2015/07/02
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Dariusz ROSATI, Jarosław WAŁĘSA

Proposal for a regulation
Article 11 – paragraph 1

This Chapter and the transitional provisions of Article 24 shall not apply to pilotage, cargo handling services and passenger services.

2015/07/02
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Dariusz ROSATI, Jarosław WAŁĘSA

Proposal for a regulation
Article 11 – paragraph 1 a1 (new)

Member States may decide not to apply any limitations and public service obligations to one or more categories of port services. In such cases, this Chapter and the transitional provisions of Article 24 do not apply to such services.

2015/07/02
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Dariusz ROSATI, Jarosław WAŁĘSA

Proposal for a regulation
Article 14 – paragraph 5

~~5. The Commission shall be empowered to adopt, where necessary,~~ delegated acts in accordance with the procedure referred to in Article 21 concerning common classifications of vessels, fuels and types of operations according to which the infrastructure charges can vary and common charging principles for port infrastructure charges.

2015/07/02
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Dariusz ROSATI, Jarosław WAŁĘSA

Proposal for a regulation
Article 17

~~[...]~~deleted

2015/07/02
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Dariusz ROSATI, Jarosław WAŁĘSA

Proposal for a regulation
Article 18

Cooperation between independent 1. The independent supervisory bodies shall exchange information about their work and decision-making principles and practices in order to facilitate a uniform implementation of this Regulation. For this purpose, they shall participate and work together in a network that convenes at regular intervals and at least once a year. The Commission shall participate, coordinate and support the work of the network. 2. The independent supervisory bodies shall cooperate closely for the purposes of mutual assistance in their tasks, including in carrying out investigations required to handle complaints and disputes in cases involving ports in different Member States. For this purpose, an independent supervisory body shall make available to another such body, after a substantiated request, the information necessary to allow that body to fulfil its responsibilities under this Regulation. 3. The Member States shall ensure that the independent supervisory bodies shall provide the Commission, after a reasoned request, with the information necessary for it to carry its tasks. The information requested by the Commission shall be proportionate to the performance of those tasks. 4. Where information is considered confidential by the independent supervisory body in accordance with Union or national rules on business confidentiality, the other national supervisory body and the Commission shall ensure such confidentiality. This information may only be used for the purpose which it was requested. 5. Based on the experience of the independent supervisory bodies and on the activities of the network referred to in paragraph 1, and in order to ensure efficient cooperation, the Commission may adopt common principles on the appropriate arrangements for the exchange of information between independent supervisory bodies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).Article 18 deleted supervisory bodies

2015/07/02
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Dariusz ROSATI, Jarosław WAŁĘSA

Proposal for a regulation
Article 19

1. Any party with a legitimate interest shall have the right to appeal against the decisions or individual measures taken under this Regulation by the competent authorities, by the managing body of the port or by the independent supervisory body to an appeal body which is independent of the parties involved. This appeal body may be a court. 2. Where the appeal body referred in paragraph 1 is not judicial in character, it shall give reasons in writing for its decisions. Its decisions shall also be subject to review by a national court.Article 19 deleted Appeals

2015/07/02
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Dariusz ROSATI, Jarosław WAŁĘSA

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

Elżbieta Katarzyna ŁUKACIJEWSKA, Dariusz ROSATI, Jarosław WAŁĘSA

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

Elżbieta Katarzyna ŁUKACIJEWSKA, Dariusz ROSATI, Jarosław WAŁĘSA

Proposal for a regulation
Article 24 – paragraph 2

2. Port service contracts concluded before [date of adoption of the Regulation] which do not meet the conditions provided in paragraph 1 shall remain valid until they expire but not after 1 July 20235.

2015/07/02
Committee: TRAN

14 Amendments of Dariusz ROSATI related to 2013/0157(COD)

ParlTrack - 2011-2024