[ParlTrack]

Proposal for a regulation
Title 1

Proposal for a ~~REGULATION~~DIRECTIVE 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)

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Recital 19 a (new)

(19a) Developments in the maritime industry, such as the increasing size of vessels and overcapacity, aggravate the already fluctuating demand for dockworkers. In many ports this has resulted in an increase of casual work arrangements, which lead to precarious and unsocial working conditions. The Member States, together with the social partners, may take measures to promote employment continuity and social protection.

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Recital 19 b (new)

(19b) Automation and technological innovation offer the opportunity to significantly improve efficiency and safety of ports. Before introduction of significant changes, employers should consult port workers´ unions in order to guarantee the necessary training and re- training and to find shared solutions to reduce any negative effect of such progresses on occupational health and safety and employability. Public authorities and management bodies should be consulted as appropriate, whenever they are involved in automation, innovation and expansion plans.

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 1

Article 1 Subject matter and scope 1. This Regulation establishes: (a) a clear framework for access to the market of port services; (b) common rules on the financial transparency and charges to be applied by managing bodies or providers of port services. 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. (a) bunkering (b) cargo handling; (c) dredging; (d) mooring; (e) passenger services; (f) port reception facilities; (g) pilotage and; (h) towage. 3. This Regulation shall apply to all seaports of the trans-European transport network, as defined in Annex I of Regulation XXX [Regulation on the TEN- T Guidelines]. 4. Member States may also apply this Regulation to other seaports. When Member States decide to apply this Regulation to other seaports they shall notify their Decision to the Commission.deleted

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 2

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2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 3

Article 3 Freedom to provide services 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. 2. Providers of port services shall have access to essential port facilities to the extent necessary for them to carry out their activities. The terms of the access shall be fair, reasonable and non- discriminatory.deleted

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 4

Article 4 Minimum requirements for the provision of port services 1. The managing body of the port may require that providers of port services comply with minimum requirements to perform the corresponding port service. 2. The minimum requirements provided for in paragraph 1 may only relate, where applicable, to: (a) the professional qualifications of the port service provider, its personnel or the natural persons who effectively and continuously are managing the activities of the port service provider; (b) the equipment needed to provide the relevant port service in normal and safe conditions and the capacity to maintain this equipment at the appropriate level; (c) the compliance with requirements on the maritime safety or the safety and security of the port or access to it, its installations, equipment and persons; (d) the compliance with local, national, Union and international environmental requirements. 3. The minimum requirements shall be transparent, non-discriminatory, objective and relevant to the category and nature of port services concerned. 4. Where the minimum requirements include specific local knowledge or acquaints with local conditions, the managing body of the port shall ensure that adequate access to relevant training exists, under transparent and non- discriminatory conditions, unless adequate access to such training is ensured by the Member State. 5. In the cases provided for in paragraph 1, the minimum requirements referred to in paragraph 2 and the procedure for the granting of the right to provide port services under those requirements shall have been published by the managing body of the port by 1 July 2015 or for minimum requirements being applicable after that date at least three months before the date on which those requirements would become applicable. Providers of port services shall be informed in advance of any change in the criteria and of the procedure.deleted

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 2 – point 6

6. ‘mooring’ means the ~~berth~~tying and un~~- berthing services required for a waterborne vessel being anchored or otherwise f~~tying of a waterborne vessel to the berth, the quayside or a buoy in order to immobilise the vessel thereby allowing people, pastsen~~ed to the shore in the port or in the waterways access to the port~~gers, goods or cargo to be safely moved onto or from the waterborne vessel;

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 5

Article 5 Procedure to ensure compliance with the minimum requirements 1. The managing body of the port shall treat providers of port services equally and shall act in a transparent manner. 2. The managing body of the port shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with Article 4 within one month from receiving a request for the granting of such a right. Any refusal shall be duly justified on the basis of objective, transparent, non-discriminatory and proportionate criteria. 3. Any limit in the duration of the decision issued in accordance with paragraph 2 may be justified only on grounds related to the type and nature of the port service.deleted

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 6

Article 6 Limitations of the number of providers of port services 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.deleted

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 7

Article 7 Procedure for the limitation of the number of providers of port services 1. Any limitation of the number of providers for a port service in accordance with Article 6 shall follow a selection procedure which shall be open to all interested parties, non-discriminatory and transparent. 2. If the estimated value of the port service exceeds the threshold defined in paragraph 3, the rules on the award procedure, the procedural guarantees and the maximum duration of the concessions as set out in Directive …./…. [concession] shall apply. 3. The threshold and the method to determine the value of the port service shall be those of the relevant and applicable provisions of Directive .…/…. [concession]. 4. The selected provider or providers and the managing body of the port shall conclude a port service contract. 5. For the purposes of this Regulation, a substantial modification within the meaning of Directive …./… [concession] of the provisions of a port service contract during its term shall be considered as a new port service contract and shall require a new procedure as referred to in paragraph 2. 6. Paragraphs 1 to 5 of this Article shall not apply in the cases referred to in Article 9. 7. This Regulation is without prejudice to Directive …/… [concession]15, Directive .…/….[public utilities]16 and Directive …/… [public procurement]17. __________________ 15 Proposal for a Directive on the award of concession contracts (COM (2011) 897 final). 16 Proposal for a Directive on procurement by entities operating in the water, energy, transport and postal services sectors (COM/2011/0895 final). 17 Proposal for a Directive on public procurement (COM/2011/0896 final).deleted

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 8

Article 8 Public service obligations 1. Member States may decide to impose public service obligations related to port services on providers in order to ensure the following: (a) the availability of the service without interruption during the day, the night, the week and the year; (b) the availability of the service to all users; (c) the affordability of the service for certain categories of users. 2. The obligations referred to in paragraph 1 shall be clearly defined, transparent, non-discriminatory, verifiable and shall guarantee equality of access to all port service providers established in the Union. 3. The Member States shall designate the competent authorities within their territory to impose such public service obligations. The managing body of the port may be the competent authority. 4. When the competent authority designated in accordance with paragraph 3 is different from the managing body of the port, that competent authority shall exercise the powers provided for in Articles 6 and 7 concerning the limitation of the number of providers of port services based on public service obligations. 5. If a competent authority decides to impose public service obligations in all the seaports covered by this Regulation in a Member State, it shall notify these obligations to the Commission. 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 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.deleted

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 9

Article 9 Internal operator 1. 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 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. 2. The competent authority shall be considered as exercising a control of a legally distinct entity similar to that exercised to its own departments only if it exercises a decisive influence over both the strategic objectives and the significant decisions of the controlled legal entity. 3. The internal operator shall be confined to perform the assigned port service only in the port(s) for which the assignment to provide the port service has been attributed to him. 4. If 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. 5. This Article is without prejudice to Directive .…/….[concession].deleted

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 4 – paragraph 2 – point d a (new)

(da) the availability of port service to all users;

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 4 – paragraph 2 – point d b (new)

(db) the availability of the service without interruption during the day, the night, the week and the year;

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 10

Article 10 Safeguarding of employees' rights 1. This Regulation shall not affect the application of the social and labour rules of the Member States. 2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port may 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. 3. Where managing bodies of the port require providers of port services to comply with certain social standards as regards the provision of relevant port services, tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services.deleted

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 4 – paragraph 4

4. Where the minimum requirements include specific local knowledge or acquaints with local conditions, the managing body of the port shall ensure that adequate access to relevant training exists, under transparent and non- discriminatory conditions, unless adequate access to such training is ensured by the Member State.deleted

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 11 – paragraph 1

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

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)

(aa) to ensure the availability of the service without interruption during the day, night, week and year and the availability of the port service to all users;

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 14 – paragraph 4

4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with commercial practices related to frequent users, or in order to promote a more efficient use of the port infrastructure, and 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 term. The criteria used for such a variation shall be in due respect of state aid and competition rules.

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 14 – paragraph 4 a (new)

4a. Port management bodies shall levy differentiated charges for the use of port infrastructures so as to promote energy- saving and carbon-efficient transport, favouring to ships with good environmental performances over those lagging behind in this respect.

2013/12/04
Committee: TRAN

Peter van DALEN

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~~ and fuels, according to which the infrastructure charges can vary ~~and common charging principles for port infrastructure charges~~.

2013/12/04
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 10 – paragraph 2

2. Without prejudice to national and Union law including collective agreements between social partners, the managing bodies of the port or the competent authority may 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~~outgoing provider of port services, to grant staff previously taken on by the ~~incumbent~~outgoing 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.

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 10 a (new)

Article 10a Training and labour protection 1. The provider of a port service shall ensure that its employees receive the necessary training to acquire a sound knowledge of the conditions in which their work is conducted and that they are properly trained to tackle the risks which the work may entail. 2. In full respect of the autonomy of social partners, the EU-level Sectoral Social Dialogue Committee for Ports is invited to develop guidelines for the establishment of training requirements to prevent accidents and ensure the highest level of safety and health for workers engaged in the provision of port services. Such training requirements shall be regularly updated in order to reduce on an ongoing basis the occurrence of accidents at the workplace.

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 11 – paragraph 1

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

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 14 – paragraph 4

4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with ~~commercial practices related to frequent~~the port´s economic strategy and the port´s spatial planning policy, related inter alia 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 termnon-discriminatory on the basis of nationality and shall comply with state aid and competition rules. Port infrastructure charges may vary also in accordance with commercial practices.

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 15 – title

Consultation of port users and other stakeholders

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 15 – paragraph 1

1. ~~The managing body of the port shall establish a committee of representatives of operators of waterborne vessels,~~Without prejudice to the competence on the issues listed in points (a) to (d) of this paragraph, the managing body of the port shall when appropriate consult representatives of port users, providers of port services and other relevant stakeholders at least on the following: (a) the charg~~o owners or other port users which are requested to pay~~ing policy; (b) measures to improve the connections with the hinterland and where appropriate measures to develop and improve the efficiency of rail and in~~frastructure charge or a port service charge or both. This committee shall be called the ‘port users’ advisory committee’.~~ land waterways connections; (c) the efficiency of the administrative procedures in port and where appropriate possible measures to simplify them, as well as the proper coordination of port services within the port area; (d) environmental issues.

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
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 in Article 6 and in Article 9 shall consult on an annual basis 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 informed of the results of the consultation by the providers of port services.deleted

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 16

Consultation of other stakeholders 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 on the following: (a) the proper coordination of port services within the port area; (b) measures to improve the connections with the hinterland and where appropriate measures to develop and improve the efficiency of rail and inland waterways connections; (c) the efficiency of the administrative procedures in port and where appropriate possible measures to simplify them.Article 16 deleted

2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 17

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2015/07/02
Committee: TRAN

Peter van DALEN

Proposal for a regulation
Article 17 a (new)

Article 17a Handling of complaints 1. Member States shall ensure that an effective mechanism is in place to handle complaints arising from the application of this Regulation for all the maritime ports covered by this Regulation on the territory of each Member State. 2. The handling of complaints shall be carried out in a manner which excludes conflicts of interest and which is functionally independent of any managing body of the port or providers of port services. Member States shall ensure that there is effective functional separation between the handling of complaints on the one hand and the ownership and management of ports, provision of port services and port use on the other hand. The handling of complaints shall be impartial and transparent and shall duly respect the right to freely conduct business. 3. Member States shall ensure that port users and other relevant stakeholders are informed of where and how to lodge a complaint, including, an indication of the authorities responsible for the handling of complaints and relevant national authorities referred to in Articles 12(5), 13(3) and 14(7).

2015/07/02
Committee: TRAN

32 Amendments of Peter van DALEN related to 2013/0157(COD)

ParlTrack - 2011-2024