Activities of Knut FLECKENSTEIN related to 2013/0157(COD)
Plenary speeches (6)
Market access to port services and financial transparency of ports (debate) DE
Market access to port services and financial transparency of ports (debate) DE
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein) (vote) DE
Market access to port services and financial transparency of ports (debate) DE
Market access to port services and financial transparency of ports (debate) DE
Market access to port services and financial transparency of ports (debate) DE
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a framework on market access to port services and financial transparency of ports PDF (883 KB) DOC (566 KB)
Amendments (13)
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 156 #
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 service.
Amendment 166 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) The Commission should clarify the notion of State aid with regard to the financing of port infrastructure taking into consideration that the operation of a port falls within the State's responsibility to meet general needs of the population, due to the important role ports play in the European economy. They should therefore be exempt from the State aid regime as far as they fulfil public functions and be covered by a regime such as SGEI or rules on infrastructure costs similar to the Regulation No 1370/2007 in all non-commercial operations, such as maintenance of access and defence infrastructure that is accessible to all potential users on equal and non-discriminatory terms.
Amendment 176 #
Proposal for a regulation
Recital 23
Recital 23
(23) Port service charges applied by providers of port services in accordance with point (b) of Article 6(1), 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 tand the charges applied by providers of pilotage services, which are not exposed to effective competition entail a higheir market cannot be contestedrisk of price abuse. The same is true for charges levied by internal operators within in the meaning of this RegulationArticle 9(1). 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 207 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
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 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 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 367 #
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 State 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.
Amendment 402 #
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(1), 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- discriminatoryfor pilotage services that are not exposed to effective competition, and the charges levied by providers of a port service in accordance with point (b) of Article 6(1), shall be set in a transparent and non-discriminatory way. These charges shall, as far as possible, reflect the conditions on a competitive relevant market and shall not be disproportionate to the economic value of the service provided.
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 533 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1