Activities of Daniel DALTON related to 2013/0157(COD)
Plenary speeches (1)
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
Amendments (15)
Amendment 99 #
Proposal for a regulation
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The European Parliament rejects the Commission Proposal.
Amendment 150 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to be open and transparent, tThe procedure to select thchoose providers of port services and its result should be made public and full documentation should be communicated toshould be non-discriminatory, transparent and open to all interested parties.
Amendment 156 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) While public service obligations are defined and designated by national authorities, a general obligation set by national or European legislation for a port to accept any vessel physically capable of entering and mooring without discrimination or hindrance should not be understood to be a public service obligation for the purposes of this Regulation.
Amendment 158 #
Proposal for a regulation
Recital 15
Recital 15
(15) Where there is a need to limit the numberAny appointment of a 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 where there is a limitation in the number of providers of port services should follow a procedure which is open, transparent and non-discriminatory. In recognition of the diverse models for the organisation of ports within the Union, this should however not be the case in respect of the provision of port services by an internal operator.
Amendment 191 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
Amendment 196 #
Proposal for a regulation
Recital 22 b (new)
Recital 22 b (new)
(22 b) The Commission should, in consultation with the ports sector, clearly identify which public financing of road, rail and marine access fall under Commission Regulation (EU) No 651/2014 (General Block Exemption Regulation).
Amendment 202 #
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 Regulationexposed 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 205 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) This Regulation should not interfere with the rights, where applicable, of the ports and their customers to agree commercially on confidential discounts. This Regulation is not intended to require the disclosure to the public or to third parties of any such discounts.
Amendment 268 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. Member States may decide not to apply this Regulation to seaports where neither the managing body of the port nor the competent authority is in receipt of public funds. These public funds shall be as defined in Article 12(3) but shall exclude existing European wide programmes. Member States shall inform the European Commission of their decision.
Amendment 405 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
Having regard to the existing different models for the organisation of port services, in the cases referred to in Article 9, where the internal operator carries out an activity directly exposed to effective competition, the remaining provisions of this Article shall not apply;
Amendment 413 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Any limitation of the number of providers for a port service shall follow a selection procedure which shall be open to all interested parties, non- discriminatory and transparent. The managing body of the port or the competent authority shall communicate to all interested parties information concerning the organisation of the selection procedure and the submission deadline, as well as all relevant award criteria and requirements. This paragraph shall not apply in the cases referred to in Article 9.
Amendment 421 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Member States may decide that their ports of the comprehensive network which do not meet the criteria in point (b) of Article 20(2) of Regulation (EU) No 1315/2013 may limit the number of service providers for a given port service. In such case, the provisions of this Article shall not apply and the Member States shall inform the Commission thereof.
Amendment 488 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. IOnly in the cases provided for in Article 6 (1) (b), the competent authority may decide to provide a port service under public service obligations itself or to impose such obligations directly ona bis, or in cases where the national legislation of a member state already so permits, the managing body of the port or the competent authority may decide to 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 575 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
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, where the port infrastructure is publicly funded or where the port infrastructure is not exposed to effective competition, 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.
Amendment 582 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The payment of the port infrastructure charges may be integrated in other payments, such as the payment of the port service charges. In this case, where the port infrastructure is publicly funded or where the port infrastructure is not exposed to effective competition, the managing body of the port shall make sure that the amount of the port infrastructure charge remains easily identifiable by the user of the port infrastructure.