15 Amendments of Giommaria UGGIAS related to 2013/0157(COD)
Amendment 133 #
Proposal for a regulation
Recital 10
Recital 10
(10) Since ports are constituted of limited geographical areas, access to the market could, in certain cases, be subject to limitations relating to the economic capacity of the market itself to supply operators or to the scarcity of land or in case the land is reserved for certain type of activities in accordance with a formal development plan which plans in a transparent way the land use and with relevant national legislation such as those related to town and countrynational, regional and local planning objectives.
Amendment 162 #
Proposal for a regulation
Recital 22
Recital 22
(22) It is necessary to impose on the managing body of the port which receives public funds, when it is also acting as a service provider, an obligation to keep separate accounts for activities carried outpublicly-funded activities in their capacity as managing body of the port from those carried out on a competitive basis in order to ensure a level playing field, transparency in the allocation and use of public funds and to avoid market distortions. In any case compliance with the State aid rules should be ensured.
Amendment 172 #
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 Regulation. For those services, in the absence of fair market mechanisms, arrangements should be established to ensure that the charges they levy areflect the normal conditions of itemised, are commensurate with the relevant market costs and are set in a transparent and non- discriminatory way.
Amendment 237 #
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 processing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding warehousing, stripping, repackaging or any other value added services related to thecargo handled cargoing in port;
Amendment 310 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) market capacity is not sufficient to guarantee the presence of more operators;
Amendment 337 #
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(ca) environmental protection and safety of the port and port activities;
Amendment 348 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the cases provided for in Article 6 (1) (b) only, 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.
Amendment 352 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
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. This may occur, in particular, when (a) how the business is managed and the selection of staff depend on decisions by the competent authority; (b) the latter is empowered to supervise and check on the activities of the legally distinct entity or its personnel, which also bears on the appointment of persons empowered to represent and/or manage the body itself.
Amendment 364 #
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 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, including those on board vessels hired for the services in question, the rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.
Amendment 391 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) all costs and revenues are correctly assigned or allocated for each service on the basis of consistently applied and objectively justifiable cost accounting principles; and
Amendment 403 #
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 disproportionate tobe commensurate with the economic value of the service provided.
Amendment 407 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The port service provider shall make available to the competent independent supervisory body as referred to in Article 17, upon request, information on the elements serving as a basis to determine the structure and the level of the port service charges that falls under the application of paragraph 1 of this Article. This information shall include the methodology used for setting the port charges with regard to the facilities and services to which these port service charges relate to.
Amendment 410 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The managing body of the port shall levy a port infrastructure charge. These charges may have the nature and form of taxes. This shall not prevent providers of port services which are using port infrastructures from levying port service charges.
Amendment 412 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In order to contribute to an efficient infrastructure charging system, 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 the relevant market and in accordance with rules on State aid rulesand competition.
Amendment 459 #
Proposal for a regulation
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) the proper coordination of port services within the port area, including those concerning safety and security;