37 Amendments of Sabine WILS related to 2013/0157(COD)
Amendment 85 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal.
Amendment 92 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on market access to port services and financial transparency of ports (Text with EEA relevance)
Amendment 94 #
Proposal for a regulation
Recital 1
Recital 1
(1) Whereas: The full integration of ports in seamless logistic and transport chains is needed to contribute to growth and a more efficient use and functioning of the trans- European transport network and the internal market. This requires modern port services contributing to an efficient use of ports and a climate favourable to investments to develop ports in line with current and future transport and logistics requirements. Social standards in European maritime ports will be maintained in full and will not be called into question by this Regulation. This Regulation will likewise not impose restrictions on the right to strike.
Amendment 103 #
Proposal for a regulation
Recital 2
Recital 2
(2) In the Communication on the Single Market Act II Together for new growth6, the Commission has recalled that the attractiveness of maritime transport is dependent on the availability efficiency and reliability of port services and the necessity of addressing questions regarding the transparency of public funding and port charges, administrative simplification efforts in ports and reviewing restrictions on the provision of services at ports. __________________ 6 COM(2012) 573 final (3.10.2012)
Amendment 126 #
Proposal for a regulation
Recital 7
Recital 7
(7) In the interest of efficient, safe and socially and environmentally sound port management, the managing body of the port should be able to require that port service providers and subcontractors 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. Service providers should work in a manner consistent with all safety provisions, environmental protection requirements and labour and wage agreements and rules.
Amendment 136 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 139 #
Proposal for a regulation
Recital 14
Recital 14
(14) The recourse to public service obligations leading to a limitation in the number of providers of a port service should only be justified for reasons of public interest in order to ensure the accessibility of the port service to all users, the availability of the port service all year long or the affordability of the port service to certain category of users, through the provision of safe, environmentally and socially sound and sustainable port services.
Amendment 153 #
Proposal for a regulation
Recital 19
Recital 19
(19) Member States should retain thebe given full power to ensure an adequate level of social protection for the staff of undertaking providing port services. This Regulation shall not affect the application of the social and labour rules of the Member States. 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 shouldmust be possible, now and in the foreseeable future, for the competent authorities to ask 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, 22.03.01, p. 16. OJ L 82, 22.03.01, p. 16.
Amendment 157 #
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 serviceDredging, port reception facilities, mooring and towage and pilotage will be excluded from the scope of this Regulation.
Amendment 184 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 189 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 199 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 218 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
Amendment 223 #
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 226 #
Proposal for a regulation
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
Amendment 232 #
Proposal for a regulation
Article 1 – paragraph 2 – point h
Article 1 – paragraph 2 – point h
Amendment 240 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 249 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 254 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Amendment 263 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 285 #
Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) compliance with social and labour standards, including the provisions on health protection and accident prevention;
Amendment 303 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(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 thsafe, environmentally and socially sound and sustainable port services 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;
Amendment 317 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 321 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 325 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 328 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 329 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 343 #
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. The exercise of the right to collective bargaining and collective measures, including the right to strike, shall not constitute grounds for taking emergency measures. 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 370 #
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 mayMember States shall 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. This Directive does not preclude Member States from safeguarding transfer conditions of employees' rights other than those covered by Directive 2001/23/EC. Member States shall be required to take into account labour and social standards more favourable to the workers, established by national laws, regulations or administrative provisions or collective agreements or agreements concluded between the social partners.
Amendment 382 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
This Chapter and the transitional provisions of Article 24 shall not apply to cargo handling services and passenger services. Article 24 shall likewise not apply to dredging, port reception facilities, pilotage, towage and mooring.
Amendment 444 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The managing body of the port shall establish a committee of representatives of operators of waterborne vessels, cargo owners or othernsure that port users whicho are requested to pay an infrastructure charge, or a port servictheir representatives, are informed in an appropriate manner, prior to the setting of the charge, or both. This committee shall be called the "port users' advisory committee"f the structure and of the criteria for fixing the level of charges, in particular when significant changes are made to charges.
Amendment 449 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users' advisory committee on the structure and level of such charges. The providers of port services as referred to inProviders of port services within the meaning of Articles 6 and in Article 9 shall consult on an annual basiport users prior to the setting of port service charges the port users' advisory committee on the structure and level of such charges. The managing body of the port shall provide adequate facilities for such consultation and shall be informedport-service providers shall inform the managing body of the port of the resultsoutcome of the consultation by the providers of port services.
Amendment 457 #
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 operating in the port area, environmental groups and workers' representatives on the following:
Amendment 463 #
Proposal for a regulation
Article 17
Article 17
Amendment 511 #
Proposal for a regulation
Article 18
Article 18