Activities of Ramon TREMOSA i BALCELLS related to 2013/0157(COD)
Plenary speeches (3)
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
Market access to port services and financial transparency of ports (A8-0023/2016 - Knut Fleckenstein)
Market access to port services and financial transparency of ports (debate)
Amendments (26)
Amendment 141 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Each service provider, and especially one that is a new market entrant, should demonstrate its ability to serve a minimum number of vessels, established by the managing body of the port, with its own staff and equipment. The service provider should apply the relevant provisions and rules including applicable labour laws, applicable collective agreements, and quality requirements of the port concerned.
Amendment 211 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure the proper and effective application of this Regulation, an independent supervisory body, which could be an already exevery Member State should ensure that an effective mechanism ist ing body, should be designated in every Member State place to handle complaints.
Amendment 213 #
Proposal for a regulation
Recital 28
Recital 28
(28) The different independent supervisory bodiMember States should exchange information on their work and cooperate in order to ensurfacilitate a uniform application of this Regulation.
Amendment 220 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 319 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
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 applyThe selected provider or providers and the managing body of the port shall conclude a port service contract.
Amendment 323 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The threshold and the method to determine the value of the port servParagraphs 1 and 2 of this Article shall be those of the relevant and applicable provisions of Directive .…/…. [concession]not apply in the cases referred to in Article 9.
Amendment 324 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The selected provider or providers and the managing body of the port shall conclude a port service contract.is Regulation is without prejudice to Directive .../... [concession], Directive ..../....[public utilities] and Directive .../... [public procurement]
Amendment 330 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. The duration of port service contracts shall be proportional to the investments made.
Amendment 413 #
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 State aidwith due regard to State aid and competition rules.
Amendment 418 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Without prejudice to paragraph 3, port infrastructure charges may vary, inter alia, in accordance with commercial practices related to frequent 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 termfair and with due regard to State aid and competition rules.
Amendment 472 #
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 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. Collective actions cannot disrupt the services given to port users. Any collective action that may disrupt port services should be subject to emergency measures in order to avoid possible damage to port users.
Amendment 592 #
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 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, objective 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 ton the basis of nationality and shall comply with state aid and competition rules. Port infrastructure charges may vary also in accordance with commercial practices related inter alia to certain categories of userms.
Amendment 600 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 615 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Consultation of port users and other stakeholders
Amendment 619 #
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,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 general chargo owners or other port users which are requested to paying policy; (b) measures to improve the connections with the hinterland and where appropriate measures to develop and improve the efficiency of rail and infrastructure charge or a port service charge or both. This committee shall be called the ‘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 users’ advisory committee’vices within the port area; (d) environmental issues.
Amendment 623 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 628 #
Proposal for a regulation
Article 16
Article 16
Amendment 638 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 642 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that an independent supervisory body monitors and superviseseffective mechanism is in place to handle complaints arising from the application of this Regulation infor all the seamaritime ports covered by this Regulation on the territory of each Member State.
Amendment 647 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The independent supervisory body shall be legally distinct from andhandling 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 tshat retain ownership or control of ports or port managing bodies shall ensull ensure that there anis effective structurfunctional separation between the functions rehandling of complating to the supervision and monitoring of this Regulation and the activities associated with that ownership or control. The independent supervisory body shall exercise its powersts 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 impartially and transparently and withshall duely respect to the right to freely conduct business.
Amendment 652 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The independent supervisory body shall handle the complaints lodged by any party with a legitimate interest and the disputes brought before it arisMember 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 inof connection with the application of this Regulationmplaints and relevant national authorities referred to in Articles 12(5), 13(3) and 14(7).
Amendment 656 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 660 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 663 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 666 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
Amendment 669 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8