50 Amendments of Kathleen VAN BREMPT related to 2013/0157(COD)
Amendment 115 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) In accordance with Protocol 26 of the Treaty on the Functioning of the European Union the provisions of this Regulation should not affect in any way the competence of Member States to provide, commission and organise the activities or services mentioned in this Regulation as non-economic services of general interest. Consequently Member States and public authorities should retain the power to organise those services or activities either as economic or as non- economic activities.
Amendment 120 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) This Regulation does not impose a specific port management model to the managing bodies of ports. Provided that the existing rules concerning financial transparency and market access are respected, the existing port management models which are established at national level in the Member States, can be maintained in accordance with Protocol 26 the Treaty on the Functioning of the European Union, especially arrangements under which a Member State assigns its port management competences and responsibilities in the execution of the public prerogatives to decentralised managing bodies that stay under its supervision.
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 155 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 168 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Commission must clarify the term ' State aid ' with regard to port infrastructure funding, taking into account the non-commercial nature of public access and defence infrastructures. This includes overland rail or road infrastructures providing access to the national transport system, infrastructures necessary for port facilities and all facilities necessary for port access, including access by sea, navigable canals and defence works. Such infrastructures must be accessible under equal and non- discriminatory terms to all potential users and it is the responsibility of the competent authority to ensure that the needs of the general public are met in this connection. The Commission must also take into account the precise role, status and mission of the port management body receiving and/or allocating aid, reflecting existing differences between the management models referred to in recital 6b (new).
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 186 #
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 contractscontracts or agreements which have as their object the right of such providers to exploit parts of the public domain or resources under private or public law. This type of contracts willcan 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 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 238 #
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, if they are organised as economic activities, either inside the port area or on the waterway access to and from the ports.:
Amendment 244 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
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 270 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. Member States may apply this Regulation to additional port services in which case they have to notify their decision to the Commission.
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 283 #
Proposal for a regulation
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
2 a. ‘competent authority’ means any public or private body which, on behalf of a regional or national administrative level, is entitled to perform under national law or regulations activities related to the organisation and management of port activities in a seaport, in conjunction with or alternatively to the managing body of the port;
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 288 #
Proposal for a regulation
Article 2 – point 5
Article 2 – point 5
5. ‘managing body of the port’ means any public or private body which, whether or not in conjunction with other activities, has as its objectivepublic responsibility assigned under national law or instrumentsregulations, the administration and management of the port infrastructures, port traffic in the seaport concerned, the coordination and, where appropriate, the carrying-out, organisation or control of the activities of the operators present in the seaport concerned, and the development of the seaport;
Amendment 292 #
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
6. ‘mooring’ means the berthing and un- berthing services required for a waterborne vessel being anchored or otherwise fmooring services in charge of tying and untying operations of a waterborne vessel to the berth, the quayside or a buoy in order to immobilise the vessel, thereby allowing pastsened to the shore in the port or in the waterways access to the portgers and other persons, goods or cargo to be transferred safely on or off the vessel;
Amendment 299 #
Proposal for a regulation
Article 2 – point 8
Article 2 – point 8
8. ‘pilotage’ means the guidance service of a waterborne vessel by a pilot or a pilotage station in order to allow for a safe entry or exit of the waterborne vessel in the waterways access to the seaport or safe navigation within the seaport;
Amendment 301 #
Proposal for a regulation
Article 2 – point 9
Article 2 – point 9
9. ‘port infrastructure charge’ means a fee collected for the direct or indirect benefit ofcharge imposed by the managing body of the port or the competent authority and paid by the operators of waterborne vessels or cargo owners for the use of facilities and servicesbenefitting directly or indirectly of the use of infrastructures, facilities and services managed autonomously by the managing body of the port that allow vessels entry and exit in and out of the port, including the waterways giving access to those ports, as well as access to the processing of passengers and cargo, but excluding land lease rates and charges having equivalent effect;
Amendment 307 #
Proposal for a regulation
Article 2 – point 13
Article 2 – 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 listed in Article 1(2), if they are organised as economic activities;
Amendment 309 #
Proposal for a regulation
Article 2 – point 16
Article 2 – point 16
16. ‘seaport’ means an defined area of land and water made up of such works and equipmen, amongst other things, of infrastructures and facilities, managed autonomously by the managing body of the port so as to permit, principally, the reception of ships, their loading and unloading, the storage of goods, the receipt and delivery of these goods and the embarkation and disembarkation of passengers; and any other infrastructure necessary for transport operators within the port area;
Amendment 312 #
Proposal for a regulation
Article 2 – point 17
Article 2 – point 17
17. ‘towage’ means the assistance to a waterborne vessel by means of a tug in order to allow for a safe entry or exit of the seaport or safe navigation within the seaport by providing assistance to the manoeuvring of the waterborne vessel;
Amendment 315 #
Proposal for a regulation
Article 2 – point 18
Article 2 – point 18
18. ‘waterway access to a port’ means a water access to the port from the open sea, such as port approaches, fairways, rivers, sea canals and fjordbody connecting the open sea with the seaport and/or the inland waterways.
Amendment 317 #
Proposal for a regulation
Article 2 – point 18 a (new)
Article 2 – point 18 a (new)
18a. 'general infrastructure’ means all access and defence infrastructure that provides land or sea access to port infrastructure, that is beneficial for a wider region and that doesn't result in any specific advantage for one or more identifiable port users within a larger group of port users.
Amendment 320 #
Proposal for a regulation
Article 2 – point 18 b (new)
Article 2 – point 18 b (new)
18b. ‘port infrastructure’ means the project related infrastructure and facilities, commercially exploited by port users, that generates a direct income for the port managing body including berths used for the mooring of ships (quay walls, jetties and floating pontoon ramps in tidal areas);
Amendment 322 #
Proposal for a regulation
Article 2 – point 18 c (new)
Article 2 – point 18 c (new)
18c. ‘port superstructure’ means the surface arrangements, buildings (warehouses, workshops, office buildings), as well as mobile and fixed equipment.
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 339 #
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 service.
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 416 #
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 thhas to take dnecision limiting the number of providers of port servessary measures to avoid conflicets 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 twoof interest. If those measures are not taken, the number of providers shall not be less than two, unless any of the reasons listed in paragraph 1 justifies a limitation to a single provider.
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 490 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The managing body of the port or the competent authority itself, or a legally distinct entity over which it exercises a control similar to that exercised over its own departments, may provide a port service without any restrictions, provided that the provisions of article 4 of this Regulation apply equally to all operators providing the service concerned. In such cases, the provider of the port service shall be deemed, for the purpose of this Regulation, to constitute an internal operator. In the cases provided for in Article 6 (1) (b), the managing body of the port or the competent authority may decide either 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, including an agent (such as a pilot) employed or commissioned by the managing body of the port or the competent authority.
Amendment 500 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. TheIn cases provided for in point (b) of Article 6(1), an internal operator shall be confinpermitted to perform the assigned port service only in the port(s) for which the assignment to provide the port service has been attributssigned to him and article 13 shall apply.
Amendment 505 #
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 533 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 551 #
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 or dredging, it shall keep the accoany public funtds of each port service activityreceived fully transparent and separate from its other accounts of its otivities in ther activitiescounting system, in such a way that:
Amendment 555 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The public funds referred to in paragraph 1 shall include share capital or quasi-capital funds, non-refundable grants, grants only refundable in certain circumstances, award of loans including overdrafts and advances on capital injections, guarantees given to the managing body of the port by public authorities, dividends paid out and profits retainedthe granting of financial advantages by forgoing profits and recovery of sums due or any other form of public financial support.
Amendment 560 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The managing body of the port shall make available to the Commission and the competent independent supervisory body, upon request,, or another entity that provides port services on its behalf, shall, in the event of a formal complaint and upon request, make available to the relevant national authority the information referred to in paragraphs 1 and 2 and any additional information that they deem necessary in order to complete a thorough appraisal of the data submitted and to assess compliance with this Regulation. The information shall be transmitted within two months from the date of the request.
Amendment 564 #
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7a. Public funds, referred to in paragraph 1 and 3 made available to the managing body of the port in order to either partly or entirely finance general infrastructure or port infrastructure stay within the public remit, as long as these infrastructures are managed in a non-commercial way and do not favour one or more identifiable port users within a larger group.
Amendment 569 #
Proposal for a regulation
Article 12 – paragraph 7 b (new)
Article 12 – paragraph 7 b (new)
7b. Public funds made available to the managing body of the port in order to either partly or entirely finance the superstructure fall outside the public remit as they are directly related to the benefit of the individual port user involved.
Amendment 588 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In order to contribute to an efficient infrastructure charging system, the nature, the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of theset according to national or individual port policy and/or economic strategy and investment plan and shall comply with competition reulevant market and in accordance with State aid rus, where this is applicables.
Amendment 597 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with commercial practices related to frequentthe port’s economic strategy and the port’s spatial planning policy, related to certain categories of users, or in order to promote a more efficient use of the port infrastructure, short sea shipping or a high environmental performance, energy efficiency or carbon efficiency of transport operations. The criteria used for such a variation shall be relevant, objective, transparent and non- discriminatory and in due respect of the competition rules. The resulting variation shall in particular be available to all relevant port service users on equal terms.