Procedure : 2013/0157(COD)
Document stages in plenary
Document selected : A8-0023/2016

Texts tabled :

A8-0023/2016

Debates :

PV 07/03/2016 - 14
CRE 07/03/2016 - 14
PV 12/12/2016 - 11

Votes :

PV 08/03/2016 - 6.3
CRE 08/03/2016 - 6.3
PV 14/12/2016 - 9.12
CRE 14/12/2016 - 9.12

Texts adopted :

P8_TA(2016)0069
P8_TA(2016)0499

REPORT     ***I
PDF 883kWORD 566k
17 February 2016
PE 557.153v03-00 A8-0023/2016

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

(COM(2013)0296 – C7-0144/2013 – 2013/0157(COD))

Committee on Transport and Tourism

Rapporteur: Knut Fleckenstein

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2013)0296 – C7-0144/2013 – 2013/0157(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0296),

–  having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0144/2013),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Spanish Congress of Deputies and the Spanish Senate, the French National Assembly, the Italian Senate, the Latvian Parliament, the Maltese Parliament, the Polish Sejm and the Polish Senate, and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 11 July 2013(1),

–  having regard to the opinion of the Committee of the Regions of 28 November 2013(2),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Transport and Tourism (A8-0023/2016),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Title

Text proposed by the Commission

Amendment

Proposal for a

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

establishing a framework on market access to port services and financial transparency of ports

establishing a framework establishing a framework for the organisation of port services and for financial transparency of ports

(Text with EEA relevance)

(Text with EEA relevance)

Amendment    2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a) Ports are able to contribute to the long-term competitiveness of European industries in world markets while adding value and jobs in all Union coastal regions. In order to address the challenges facing the maritime transport sector, such as inefficiencies in the sustainable transport and logistics chain, it is essential that the actions set out in the Commission's communication entitled 'Ports: an engine for growth' on administrative simplification be implemented in tandem with this Regulation. The complexity of administrative procedures for customs clearance, resulting in delays at ports, represents a major obstacle to the competitiveness of short sea shipping and the efficiency of Union ports.

Amendment    3

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) A high level of simplification of customs procedures can represent a major economic advantage for a port in terms of competitiveness. In order to avoid unfair competition of ports and to reduce customs formalities which might seriously harm the Union's financial interests, port authorities should adopt a proper and effective risk-based policy approach in order to avoid the distortion of competition. Member States and the Commission should effectively monitor these procedures on a regular basis, and the Commission should evaluate whether it is necessary to take appropriate measures to tackle unfair competition.

Amendment    4

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) The overwhelming majority of Union maritime traffic transits through the seaports of the trans-European transport network. In order to achieve the aim of this Regulation in a proportionate way without imposing any unnecessary burden on other ports, this Regulation should apply to the ports of the trans-European transport network, each of which playing a significant role for the European transport system either because it handles more than 0.1% of the total EU freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas, without prejudice, however, to the possibility of Member States deciding to apply this Regulation to other ports as well. Pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this Regulation.

(4) The overwhelming majority of Union maritime traffic transits through the maritime ports of the trans-European transport network. In order to achieve the aim of this Regulation in a proportionate way without imposing any unnecessary burden on other ports, this Regulation should only apply to the maritime ports of the trans-European transport network, each of which playing a significant role for the European transport system either because it handles more than 0.1% of the total EU freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas. However, this Regulation should give Member States the possibility to decide whether or not to apply this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions. Member States should also have the possibility of introducing derogations in order to avoid disproportionate administrative burdens for those maritime ports of the comprehensive trans-European transport network the annual traffic of which does not justify the full application of this Regulation. Pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this Regulation.

Amendment    5

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a) This Regulation does not impose a specific port management model to the managing bodies of ports. Provided that rules relating to market access and financial transparency are respected, existing port management models established at national level in the Member States can be maintained in accordance with Protocol No. 26 to the Treaty on the Functioning of the European Union.

Amendment    6

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5) The objective of Article 56 of the Treaty on the Functioning of the European Union is to eliminate restrictions on freedom to provide services in the Union. In accordance with Article 58 of the Treaty on the Functioning of the European Union should be achieved within the framework of the provisions of the Title relating to transport, more specifically Article 100 (2).

deleted

Amendment    7

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) The self-provision of service which entails shipping companies or providers of port services to employ staff of their own choice and to provide themselves port services is regulated in a number of Member States for safety or social reasons. The stakeholders consulted by the Commission when preparing its proposal highlighted that imposing a generalised allowance of the self-provision of service at Union level would require additional rules on safety and social issues in order to avoid possible negative impacts in these areas. It appears therefore appropriate at this stage not to regulate this issue at Union level and to leave it to the Member States to regulate the self-provision of port services or not. Therefore, this Regulation should only cover the provision of port services for remuneration.

deleted

Amendment    8

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) In the interest of efficient, safe and environmentally sound port management, the managing body of the port should be able to require that port service providers 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.

(7) In the interest of efficient, safe and environmentally sound port management, the managing body of the port should be able to require that port service providers 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, the equipment needed in order to provide the relevant port service, the availability of the service and the compliance with maritime safety requirements. These minimum requirements should also take into account environmental requirements as well as national social standards and the good repute of the port service provider.

Amendment    9

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(7a) All service providers, and especially those that are new market entrants, should demonstrate their ability to serve a minimum number of vessels with their own staff and equipment. Service providers should apply the relevant provisions and rules including applicable labour laws, applicable collective agreements, and quality requirements of the port concerned.

Amendment    10

Proposal for a regulation

Recital 7 b (new)

Text proposed by the Commission

Amendment

 

(7b) In determining whether a service provider has satisfied the requirement of good repute, the Member State should consider whether there are compelling grounds to doubt the good repute of the provider of port services, its manager, and any other relevant persons as may be determined by Member State, such as convictions or penalties in any Member States for serious offences or infringement of the applicable Union and national law, including in the following fields: social law, labour law, occupational safety law, health law and environmental law.

Amendment    11

Proposal for a regulation

Recital 7 c (new)

Text proposed by the Commission

Amendment

 

(7c) In accordance with Council Regulation (EEC)No 3577/921a and the judgment of the Court of Justice of 11 January 2007 in Case C-251/04, Commision v Hellenic Republic1b, according to which it cannot be inferred that towage can be assimilated to maritime transport service, it is possible for reasons of maritime safety and the protection of the environment for minimum requirements to stipulate that the vessels used for towage or mooring operations be registered in, and fly the flag of the Member State of the port concerned.

 

_______________

 

1a Council Regulation (EEC)No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage)(OJ L 364, 12.12.1992, p. 7).

 

1b Judgment of the Court of Justice of 11 January 2007 in Case C-251/04, Commission v Hellenic Republic, C-251/04, ECLI:EU:C:2007:5.

Amendment    12

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) Since ports are constituted of limited geographical areas, access to the market could, in certain cases, be subject to limitations relating 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 country planning objectives.

deleted

Amendment    13

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10a) The Union's port system is highly diverse and includes many different models for the organisation of port services. Accordingly, a single system would not be appropriate. The managing body of the port or the competent authority should be able to limit the number of providers of a port service, if circumstances so require.

Amendment    14

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Any intention to limit the number of port service providers should be published in advance by the competent authority and should be fully justified, in order to give the interested parties the opportunity to comment. The criteria for any limitation should be objective, transparent and non-discriminatory.

(11) Any intention to limit the number of port service providers should be published in advance by the managing body of the port or the competent authority. The criteria for any limitation should be objective, transparent and non-discriminatory.

Amendment    15

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) In order to be open and transparent, the procedure to select the providers of port services and its result should be made public and full documentation should be communicated to interested parties.

(12) The procedure to choose providers of port services and its result should be made public and should be non-discriminatory, transparent, and open to all interested parties.

Amendment    16

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) The selection procedure for providers of port service in the case the number of those providers is limited should follow the principles and approach determined in Directive ../../… [concession]7 , including the threshold and method for determining the value of the contracts as well as the definition of substantial modifications and the elements related to the duration of the contract.

deleted

__________________

 

7 Proposal for a Directive on the award of concession contracts (COM 2011) 897 final

 

Amendment    17

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

 

(13a) In its interpretative communication of 1 August 2006 on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives (2006/C 179/02), the Commission has provided a clear framework for the selection procedures which fall outside the scope of the Public Procurement Directives and are not awarded in the form of concessions.

Amendment    18

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(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.

(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, the affordability of the port service to a certain category of users, or safe, secure or environmentally sustainable port operations.

Amendment    19

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) The competent authorities designated in a Member State should have the choice to decide to provide port services with public service obligations themselves or to entrust directly the provision of such services directly to an internal operator. In the case that a competent authority decides to provide the service itself, this may cover the provision of services through agents employed by the competent authority or commissioned by the competent authority. When such limitation is applied in all the TEN-T ports in the territory of a Member State, the Commission should be informed. In the cases where the competent authorities in a Member State prevail on such a choice, the provision of port services by the internal operators should be confined only to the port or ports for which those internal operators were designated. Moreover, in such cases, the port service charges applied by such an operator should be subject to supervision by the independent supervisory body.

(18) The managing body of the port or the competent authorities designated in a Member State should have the choice to decide to provide port services themselves or to entrust directly the provision of such services directly to an internal operator. In the case that a competent authority decides to provide the service itself, this may cover the provision of services through agents employed by the competent authority or commissioned by the competent authority. When such limitation is applied in all the TEN-T maritime ports in the territory of a Member State, the Commission should be informed. In the cases where the competent authorities in a Member State provide a port service under public service obligations, the provision of port services by the internal operators should be confined only to the port or ports for which those internal operators were designated. Moreover, in such cases, the port service charges applied by such an operator should be subject to independent supervision.

Amendment    20

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) Member States should retain the 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 should be possible 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 .

(19) Member States should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services. This Regulation should not affect the application of the social and labour rules of the Member States and should take into account Article 28 of the Charter of Fundamental Rights of the European Union. Where the conclusion of a port service contract may entail a change of port service operator, the competent authority should, in case of transfer of staff, 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.

11 OJ L 82, 22.3.2001, p. 16.

Amendment    21

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission

Amendment

 

(19a) In a highly complex and competitive sector, such as port services, training of new recruits and the lifelong training of staff are essential for ensuring port workers' health and safety, the quality of services and the competitiveness of Union ports. Member States should take the necessary measures to ensure relevant training is provided for every worker in the port sector. The EU-level Sectoral Social Dialogue Committee for Ports should be in a position to develop guidelines for the establishment of training requirements to ensure a high quality of education and training of port workers, to minimise the risk of accidents and to take account of the future needs of the sector in light of technological and logistical changes imposed by customers' demands.

Amendment    22

Proposal for a regulation

Recital 19 b (new)

Text proposed by the Commission

Amendment

 

(19b) The European port sector is facing a number of challenges that are capable of having an impact both on its competitiveness and on its social dimension. Those challenges include the following: the increasing size of vessels, the competition from non-Union ports, increasing market power as a result of alliances between shipping lines, the need to negotiate, in a timely fashion, new working patterns and to provide adequate training for technological innovation, as well as to minimise its social impact, the growing volumes which are more and more clustered, the lack of adequate investments on hinterland infrastructures, the removal of administrative barriers to the internal market, the changing energy landscape and growing societal and environmental pressure. Member States, together with the social partners, should address these challenges and take measures with the aim of safeguarding both the competitiveness of the sector and of preventing precarious working conditions in ports, despite the fluctuations in demand for port labour.

Amendment    23

Proposal for a regulation

Recital 19 c (new)

Text proposed by the Commission

Amendment

 

(19c) All models for the organisation of port labour that secure quality jobs and safe working conditions should be supported by the Commission and the Member States. Any necessary adjustments should only be promoted through negotiations between the social partners, and the Commission should duly take into account the results of such negotiations.

Amendment    24

Proposal for a regulation

Recital 19 d (new)

Text proposed by the Commission

Amendment

 

(19d) Automation and technological innovation offer the opportunity to improve efficiency and safety of ports. Before introducing significant changes, employers and port workers´ unions should cooperate in order to guarantee the necessary training and re-training and to find shared solutions to reduce the negative effects of such progress on occupational health and safety and on employability.

Amendment    25

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(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.

(20) Chapter II of this Regulation should not apply to the provision of cargo-handling and passenger services. For types of contracts, other than public concession 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    26

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

 

(20a) According to Resolution A.960 of the International Maritime Organization (IMO), each pilotage area needs highly specialised experience and local knowledge on the part of the pilot. Given that the IMO recognises the appropriateness of regional or local administration of pilotage, pilotage should not be subject to Chapter II of this Regulation.

Amendment    27

Proposal for a regulation

Recital 21 a (new)

Text proposed by the Commission

Amendment

 

(21a) The Connecting Europe Facility provides that ports in the Trans-European Transport Network are able to benefit from Union subsidies during the ongoing 2014-2020 period. Furthermore, the Commission intends to set up a revised framework on state aid to ports and, given that Directive 2014/23/EU of the European Parliament and of the Council1a also establishes a new legislative framework for concession contracts which will also affect port services provided under a concession agreement, strict rules on the transparency of financial flows need to be introduced in this Regulation to prevent unfair competition between ports in the Union or dumping.

 

_______________

 

1a Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).

Amendment    28

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(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 out 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.

(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 publicly funded activities carried out 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    29

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission

Amendment

 

(22a) Maritime ports with a turnover below the threshold provided for in Commission Directive 2006/111/EC should meet the transparency obligations contained in Article 12 of this Regulation in a proportionate way, without being subjected to a disproportionate administrative burden.

Amendment    30

Proposal for a regulation

Recital 22 b (new)

Text proposed by the Commission

Amendment

 

(22b) With a view to ensuring fair competition and to reducing administrative burdens, the Commission should, in writing, clarify the notion of State aid with regard to the financing of port infrastructures, taking into consideration the fact that public access and defence infrastructure, whether maritime or on land , which is accessible to all potential users on equal and non-discriminatory terms, and infrastructure that is linked to the operation of Services of General non-economic Interest, have a non-economic nature since their goals are predominantly public in nature; such infrastructures fall within the State's responsibility to meet the general needs of the population.

Amendment    31

Proposal for a regulation

Recital 22 c (new)

Text proposed by the Commission

Amendment

 

(22c) Moreover, the Commission should, in a timely manner and in consultation with the sector, identify which public investments in port infrastructure fall within the scope of Commission Regulation (EU) No 651/2014 (General Block Exemption Regulation)1a.

 

_________________

 

1a Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1).

Amendment    32

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(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 reflect the normal conditions of the relevant market and are set in a transparent and non-discriminatory way.

(23) Port service charges applied by providers of port services which are not designated in accordance with an open, transparent and non-discriminatory procedure and the charges applied by providers of pilotage services, which are not exposed to effective competition, entail a higher risk of price abuse. For those services, in the absence of fair market mechanisms, arrangements should be established to ensure that the charges levied are not disproportionate to the economic value of the services provided and are set in a transparent and non-discriminatory way.

Amendment    33

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) In order to be efficient, the port infrastructure charges of each individual port should be set in a transparent and autonomous way in accordance with that port's own commercial and investment strategy.

(24) The role of the managing body of the port is, inter alia, to facilitate trade and to act as an intermediary between regional industry and transport operators. Therefore, in the interest of efficiency, the port infrastructure charges of each individual port should be set in a transparent and autonomous way in accordance with that port's own commercial and investment strategy.

Amendment    34

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) The variation of port infrastructure charges should be allowed in order to promote short sea shipping and to attract waterborne vessels having an environmental performance or energy and carbon efficiency of the transport operations, notably the off-shore or on-shore maritime transport operations, that is better than average. This should help to contribute to the environmental and climate change policies and the sustainable development of the port and its surroundings notably by contributing to reducing the environmental footprint of the waterborne vessels calling and staying in the port.

(25) The variation of port infrastructure charges is an important tool for the managing body of the port and should be allowed. Port infrastructure charges may vary, for example, in order to promote short sea shipping and to attract waterborne vessels having an environmental performance or energy and carbon efficiency of the transport operations, notably the off-shore or on-shore maritime transport operations, that is better than average. This should help to contribute to the environmental and climate change policies and the sustainable development of the port and its surroundings notably by contributing to reducing the environmental footprint of the waterborne vessels calling and staying in the port.

Amendment    35

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Adequate facilities should be in place to ensure that the users of the ports which are requested to pay a port infrastructure charge and/or a port service charge are regularly consulted when the port infrastructure charge and the port service charge are defined and changed. The managing bodies of the ports should also regularly consult other stakeholders on key issues related to the sound development of the port, its performance and its capacity to attract and generate economic activities such as the coordination of port services within the port area and the efficiency of the connections with the hinterland and of the administrative procedures in ports.

(26) It should be ensured that the users of the ports which are requested to pay a port infrastructure charge and/or a port service charge are regularly consulted when the port infrastructure charge and the port service charge are defined and changed. The managing bodies of the ports should also regularly consult other stakeholders on key issues related to the sound development of the port, its performance and its capacity to attract and generate economic activities such as the coordination of port services within the port area and the efficiency of the connections with the hinterland and of the administrative procedures in ports. The managing body of the port should engage private investors, who make large significant investments in ports, in sustainable consultation regarding port development plans.

Amendment    36

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) In order to ensure the proper and effective application of this Regulation, an independent supervisory body, which could be an already existing body, should be designated in every Member State.

(27) In order to ensure that an independent complaints mechanism is in place, one or more bodies providing independent supervision should be designated by each Member State. It should be possible for already existing bodies, such as competition authorities, courts, ministries or departments within ministries not linked to the managing body of the port, to be designated for this purpose.

Amendment    37

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) The different independent supervisory bodies should exchange information on their work and cooperate in order to ensure a uniform application of this Regulation.

(28) In cases concerning cross-border disputes and complaints, the different bodies providing independent supervision should cooperate with each other and exchange information on their work

Amendment    38

Proposal for a regulation

Recital 28 a (new)

Text proposed by the Commission

Amendment

 

(28a) Port labour relations have a large influence on the functionning of the ports. The EU-level Sectoral Social Dialogue Committee for Ports therefore gives the social partners a framework to establish results regarding work organisation and working conditions, such as health and safety, training and qualifications, Union policy on low sulphur fuels, and the attractiveness of the sector to young workers and female workers.

Amendment    39

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) In order to supplement and amend certain non-essential elements of this Regulation and in particular to promote the uniform application of environmental charging, reinforce the Union-wide coherence of environmental charging and to ensure common charging principles in relation to the promotion of short sea shipping, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of common classifications of vessels, fuels and types of operations according to which to vary the infrastructure charges and common charging principles for port infrastructure charges. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

deleted

Amendment    40

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) In order to ensure uniform conditions for the implementation of this Regulation implementing powers relating to appropriate arrangements for the exchange of information between independent supervisory bodies should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers13.

deleted

__________________

 

13 OJ L 55, 28.2.2011, p. 13.

 

Amendment    41

Proposal for a regulation

Recital 30 a (new)

Text proposed by the Commission

Amendment

 

(30a) The Commission is invited to submit a legislative proposal concerning Pilotage Exemption Certificates (PECs) in order to encourage their use in all Member States so as to improve efficiency in ports, and in particular to stimulate short sea shipping, where safety conditions allow it. The specific requirements on the basis of which PECs are to be issued should be defined by the Member States after a risk assessment and should take into account local conditions. The requirements should be transparent, non-discriminatory and proportionate.

Amendment    42

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) Since the objectives of this Regulation, namely ensuring the modernisation of port services and the appropriate framework to attract necessary investments in all the ports of the trans-European transport network, cannot be sufficiently achieved by the Member States because of the European dimension, international and cross-border nature of port and related maritime business and can therefore, by reason of the need for a European level playing field, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(31) Since the objectives of this Regulation, namely ensuring a framework for the organisation of port services and the appropriate framework to attract necessary investments in all the maritime ports of the trans-European transport network, cannot be sufficiently achieved by the Member States because of the European dimension, international and cross-border nature of port and related maritime business and can therefore, by reason of the need for a European level playing field, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. Union ports should be protected against third countries ports which are not subject to the same organisation and operation criteria of this Regulation.

Amendment    43

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission

Amendment

 

(31a) Port labour relations have a significant influence on the activities and functionning of the ports. Therefore the EU-level Sectoral Social Dialogue Committee for Ports should be able to provide the Union social partners with a framework for the possible adoption of common results regarding social issues related to port labour relations. The Commission should, where necessary, facilitate and support the negotiations, as well as provide technical assistance to them, while respecting the autonomy of the social partners. The Union social partners should have the possibility to report on any progress made, if they so wish, to enable that the Commission to take into account their outcomes when reporting on the effects of this Regulation.

Amendment    44

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) a clear framework for access to the market of port services;

(a) a clear framework for the organisation of port services;

Amendment    45

Proposal for a regulation

Article 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) common rules on the financial transparency and charges to be applied by managing bodies or providers of port services.

(b) common rules on the financial transparency and charges to be applied by managing bodies or providers of port services covered by this Regulation.

Amendment    46

Proposal for a regulation

Article 1 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) dredging;

deleted

Amendment    47

Proposal for a regulation

Article 1 – paragraph 2 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

 

In addition, Article 12(2) of this Regulation shall also apply to dredging.

Amendment    48

Proposal for a regulation

Article 1 – paragraph 3

Text proposed by the Commission

Amendment

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].

3. This Regulation shall apply to all maritime ports of the trans-European transport network, listed in Annex II of Regulation (EU) No 1315/2013 of the European Parliament and the Council1a.

 

________________

 

1a Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).

Amendment    49

Proposal for a regulation

Article 1 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. This Regulation is without prejudice to any port structure which respects the principles referred to in paragraphs 1(a) and 1(b).

Amendment    50

Proposal for a regulation

Article 1 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b. Member States may decide not to apply this Regulation to maritime ports of the comprehensive trans-European transport network located in the outermost regions as referred to in Article 349 TFEU. When Member States decide not to apply this Regulation to such maritime ports, they shall notify that decision to the Commission.

Amendment    51

Proposal for a regulation

Article 2 – paragraph 1 – point 2

Text proposed by the Commission

Amendment

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 the handled cargo;

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, lashing, unlashing, stowing, transporting and temporary storage of the cargo on the relevant cargo handling terminal and directly related to the transporting of the cargo, but excluding unless the Member State determines otherwise, warehousing, stripping, repackaging or any other value added services related to the handled cargo;

Amendment    52

Proposal for a regulation

Article 2 – paragraph 1 – point 2 a (new)

Text proposed by the Commission

Amendment

 

2 a. ‘competent authority’ means any public or private body which, on behalf of a local, regional or national level, is entitled to carry out under national law or instruments activities related to the organisation and management of port activities, in conjunction with or alternatively to the managing body of the port;

Amendment    53

Proposal for a regulation

Article 2 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

3. ‘dredging’ means the removal of sand, sediment or other substances from the bottom of the waterway access to a port in order to allow waterborne vessel to have access to the port and comprises both the initial removal (capital dredging) and the maintenance dredging in order to keep the waterway accessible;

3. ‘dredging’ means the removal of sand, sediment or other substances from the bottom of the waterway access to a port in order to allow waterborne vessel to have access to the port and comprises both the initial removal (capital dredging) and the maintenance dredging in order to keep the waterway accessible and is not a port service offered to the user;

Amendment    54

Proposal for a regulation

Article 2 – paragraph 1 – point 5

Text proposed by the Commission

Amendment

5. ‘managing body of the port' means any public or private body which, whether or not in conjunction with other activities, has as its objective under national law or instruments the administration and management of the port infrastructures, port traffic, the coordination and, where appropriate, the control of the activities of the operators present in the port concerned;

5. ‘managing body of the port’ means any public or private body which, whether or not in conjunction with other activities, has as its objective authorised by national law or instruments the administration and management of the port infrastructures and, where appropriate, the coordination carrying-out, organisation or control of the activities of the operators present in the port concerned, the administration of and management of port traffic and the development of the port area;

Amendment    55

Proposal for a regulation

Article 2 – paragraph 1 – point 6

Text proposed by the Commission

Amendment

6. ‘mooring' means the berthing and un-berthing services required for a waterborne vessel being anchored or otherwise fastened to the shore in the port or in the waterways access to the port;

6. ‘mooring’ means the safe berthing, un-berthing and shifting services required for a waterborne vessel;

Amendment    56

Proposal for a regulation

Article 2 – paragraph 1 – point 8

Text proposed by the Commission

Amendment

8. ‘pilotage’ means the guidance service of a waterborne vessel by a pilot or a pilotage station in order to allow for a safe entry or exit of the vessel in the waterways access to the port;

8. ‘pilotage’ means the guidance service of a waterborne vessel by a pilot or a pilotage station in order to allow for a safe entry or exit of the vessel in the waterways access to the port or safe navigation within the port;

Amendment    57

Proposal for a regulation

Article 2 – paragraph 1 – point 9

Text proposed by the Commission

Amendment

9. ‘port infrastructure charge' means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of facilities and services that allow vessels entry and exit in and out of the port, including the waterways giving access to those ports, as well as access to the processing of passengers and cargo;

9. ‘port infrastructure charge’ means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of infrastructures, facilities and services that allow vessels entry and exit in and out of the port, including the waterways giving access to the port, if such waterways fall within the legal competence of the managing body of the port, as well as access to the processing of passengers and cargo, but excluding land lease rates and charges having equivalent effect;

Amendment    58

Proposal for a regulation

Article 2 – paragraph 1 – point 12

Text proposed by the Commission

Amendment

12. ‘port service contract' means a formal and legally binding agreement between a provider of port service and a competent authority whereby this body designates a provider of port service to provide port services following a procedure to limit the number of providers of port services;

12. ‘port service contract’ means a formal and legally binding agreement between a provider of port service and the managing body of the port or a competent authority whereby that body or authority designates a provider of port service to provide port services following a procedure to limit the number of providers of port services;

Amendment    59

Proposal for a regulation

Article 2 – paragraph 1 – point 16

Text proposed by the Commission

Amendment

16. ‘seaport' means an area of land and water made up of such works and equipment so as to permit, principally, the reception of ships, their loading and unloading, the storage of goods, the receipt and delivery of these goods and the embarkation and disembarkation of passengers; and any other infrastructure necessary for transport operators within the port area;

16. ‘maritime port means a delimited area of land and water, managed by the managing body of the port and made up of infrastructures and facilities so as to permit, principally, the reception of ships, their loading and unloading, the storage of goods, the receipt and delivery of these goods and the embarkation and disembarkation of passengers and staff;

Amendment    60

Proposal for a regulation

Article 2 – point 17

Text proposed by the Commission

Amendment

17. ‘towage’ means the assistance to a waterborne vessel by means of a tug in order to allow for a safe entry or exit of the port by providing assistance to the manoeuvring of the waterborne vessel;

17. ‘towage’ means the assistance to a waterborne vessel by means of a tug in order to allow for a safe entry or exit of the port or safe navigation within the port by providing assistance to the manoeuvring of the waterborne vessel;

Amendment    61

Proposal for a regulation

Article 2 – paragraph 1 – point 18

Text proposed by the Commission

Amendment

18. ‘waterway access to a port' means water access to the port from the open sea, such as port approaches, fairways, rivers, sea canals and fjords.

18. ‘waterway access to a port’ means water access to the port from the open sea, such as port approaches, fairways, rivers, sea canals and fjords, if such a waterway falls within the legal competence of the managing body of the port.

Amendment    62

Proposal for a regulation

Chapter II – title

Text proposed by the Commission

Amendment

Market access

Organisation of port services

Amendment    63

Proposal for a regulation

Article 3

Text proposed by the Commission

Amendment

Article 3

deleted

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.

 

Amendment    64

Proposal for a regulation

Article 3 a (new)

Text proposed by the Commission

Amendment

 

Article 3 a

 

Freedom to organise port services

 

1. With regard to this Regulation, the organisation of port services covered by this Chapter may be subject to:

 

(a) minimum requirements to port service providers;

 

(b) limitations of the number of providers;

 

(c) public service obligations;

 

(d) internal operators;

 

(e) free open access to the market of port services.

 

2. When organising port services as foreseen in paragraph 1 the conditions put forward in this Chapter shall be respected.

Amendment    65

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. The managing body of the port may require that providers of port services comply with minimum requirements to perform the corresponding port service.

1. Without prejudice to the possibility of imposing public service obligations, provided for in Article 8, the managing body of the port or the competent authority may require that providers of port services, including subcontractors, comply with minimum requirements to perform the corresponding port service.

Amendment    66

Proposal for a regulation

Article 4 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The minimum requirements provided for in paragraph 1 may only relate, where applicable, to:

2. The minimum requirements provided for in paragraph 1 relate to:

Amendment    67

Proposal for a regulation

Article 4 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(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;

(b) the equipment needed to provide the relevant port service in normal and safe conditions in a continuous manner and the technical and financial capacity to maintain this equipment at the required level;

Amendment    68

Proposal for a regulation

Article 4 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) the availability of the port service to all users, at all berths and without interruptions day and night, throughout the year;

Amendment    69

Proposal for a regulation

Article 4 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(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;

(c) the compliance with requirements on the maritime safety or the safety and security of the port or access to it, its installations, equipment, workers and other persons;

Amendment    70

Proposal for a regulation

Article 4 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) the compliance with national social and labour legislation of the Member State of the port concerned, including the terms of collective bargaining agreements;

Amendment    71

Proposal for a regulation

Article 4 – paragraph 2 – point d b (new)

Text proposed by the Commission

Amendment

 

(db) the good repute of the port service provider, as determined by the Member State.

Amendment    72

Proposal for a regulation

Article 4 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Under no circumstances shall the implementation of this Regulation constitute grounds for a reduction in the level of minimum requirements for the provision of port services that have already been imposed by Member States or competent authorities.

Amendment    73

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

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.

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 information exists, under transparent and non-discriminatory conditions.

Amendment    74

Proposal for a regulation

Article 4 – paragraph 5

Text proposed by the Commission

Amendment

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.

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 ...* 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.

 

__________________

 

* OJ: Please insert the date: 24 months after the entry into force of this Regulation

Amendment    75

Proposal for a regulation

Article 4 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

5a. In order to ensure maritime safety and the protection of the environment, the Member State or the competent authority may require that the ships used for towage or mooring operations are registered in and fly the flag Member State of the port concerned.

Amendment    76

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. The managing body of the port shall treat providers of port services equally and shall act in a transparent manner.

1. The managing body of the port or the competent authority shall treat providers of port services equally and shall act in a transparent, objective, non-discriminatory and proportionate manner.

Amendment    77

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

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.

2. The managing body of the port or the competent authority shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with Article 4. It shall do so within a reasonable time, and in any event not exceeding four months, from receiving a request for the granting of such a right and the necessary documents. Any refusal shall be duly justified on the basis of objective, transparent, non-discriminatory and proportionate criteria.

Amendment    78

Proposal for a regulation

Article 6 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

- 1. In the cases referred to in Article 9 of this Regulation, where the managing body of the port is not a contracting authority within the meaning of Directive 2014/24/EU of the European Parliament and of the Council1a, this Article shall not apply.

 

________________

 

1a Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

Amendment    79

Proposal for a regulation

Article 6 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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:

1. Without prejudice to the existing different models for the organisation of port services, the managing body of the port or the competent authority may limit the number of providers of port service for a given port service for one or several of the following reasons:

Amendment    80

Proposal for a regulation

Article 6 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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;

(a) the scarcity or reserved use of land provided that the managing body can demonstrate that the land constitutes a port facility which is essential for the provision of port services and that the limitation is, where applicable, in accordance with decisions or plans agreed by the management body of the port and where appropriate any other public competent authorities in conformity with national legislation;

Amendment    81

Proposal for a regulation

Article 6 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) the scarcity of waterside space, where this constitutes an essential element of the ability to provide the port service concerned in a safe and efficient way;

Amendment    82

Proposal for a regulation

Article 6 – paragraph 1 – point a b (new)

Text proposed by the Commission

Amendment

 

(ab) the inability of the characteristics of the port traffic to enable multiple providers of port services to operate in economically satisfactory conditions in the port;

Amendment    83

Proposal for a regulation

Article 6 – paragraph 1 – point a c (new)

Text proposed by the Commission

Amendment

 

(ac) the need to ensure the provision of safe, secure or environmentally sustainable port operations;

Amendment    84

Proposal for a regulation

Article 6 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Any limitation of providers for a port service shall follow a selection procedure, which shall be open to all interested parties, non-discriminatory and transparent. The managing body of the port shall communicate to all interested parties all necessary information concerning the organisation of the selection procedure and the submission deadline, as well as all relevant award criteria and requirements. The submission deadline shall be long enough to allow interested parties to make a meaningful assessment and prepare their application, under normal circumstances the minimum limit shall be 30 days.

Amendment    85

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

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.

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 shall take necessary measures to avoid conflicts of interest. In absence of such measures, the number of providers shall not be less than two, unless any of the reasons set out in paragraph 1 justifies a limitation to a single provider.

Amendment    86

Proposal for a regulation

Article 7

Text proposed by the Commission

Amendment

Article 7

deleted

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)

 

Amendment    87

Proposal for a regulation

Article 8 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Member States may decide to impose public service obligations related to port services on providers in order to ensure the following:

1. The Member States shall designate the competent authority within their territory, which may be the managing body of the port, entitled to implement public service obligations related to port services on providers in order to ensure at least one of the following:

Amendment    88

Proposal for a regulation

Article 8 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the availability of the service to all users;

(b) the availability of the service to all users, where appropriate on equal terms;

Amendment    89

Proposal for a regulation

Article 8 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) the safety, security or environmental sustainability of ports operations;

Amendment    90

Proposal for a regulation

Article 8 – paragraph 1 – point c b (new)

Text proposed by the Commission

Amendment

 

(cb) the provision of adequate transport services to the public and territorial cohesion.

Amendment    91

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

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.

deleted

Amendment    92

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

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.

4. When the competent authority designated in accordance with paragraph 1 of this Article is different from the managing body of the port, that competent authority shall exercise the powers provided for in Article 6 concerning the limitation of the number of providers of port services based on public service obligations.

Amendment    93

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission

Amendment

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.

5. If a Member State decides to impose public service obligations in all the maritime ports covered by this Regulation in a Member State, it shall notify these obligations to the Commission.

Amendment    94

Proposal for a regulation

Article 8 – paragraph 6

Text proposed by the Commission

Amendment

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.

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 or shall apply Article 9. Collective industrial action taking place in accordance with national legislation of the respective Member State and/or applicable agreements between the social partners shall not be considered a disruption of port services for which emergency measures may be taken.

Amendment    95

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

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.

1. The managing body of the port or the competent authority may decide to provide a port service itself or through a legally distinct entity over which it exercises a control similar to that exercised over its own departments, provided that Article 4 applies equally to all operators providing the service concerned. In such a case, the port service provider shall be considered as an internal operator for the purpose of this Regulation.

Amendment    96

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

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.

2. The managing body of the port or 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 legal entity concerned.

Amendment    97

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

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.

3. In the cases provided for in Article 8, 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.

Amendment    98

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

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.

2. Without prejudice to national and Union law, including representative collective agreements between social partners, the competent authority shall require the designated provider of port services to grant staff working conditions on the basis of binding national, regional or local social standards. In case of a transfer of staff due to a change of service provider, the staff previously taken on by the incumbent provider of port services shall be granted the same rights to which they would have been entitled if there had been a transfer within the meaning of Directive 2001/23/EC.

Amendment    99

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

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.

3. The managing bodies of the port or the competent authority shall require all providers of port services to comply with all social and labour standards as set out in Union and/or national law, as well as applicable collective agreements in accordance with national customs and traditions. When, in the context of the provision of relevant port services, a transfer of staff occurs, , 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.

Amendment    100

Proposal for a regulation

Article 10 a (new)

Text proposed by the Commission

Amendment

 

Article 10 a

 

Training and labour protection

 

1. The employer 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 hazards 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. Such training requirements shall be regularly updated in order to reduce on an ongoing basis the occurrence of accidents at the workplace.

 

3. The social partners are invited to develop models which ensure a balance between the fluctuation in the demand for port work and flexibility required by port operations, on the one hand, and continuity and protection of employment, on the other hand.

Amendment    101

Proposal for a regulation

Article 11

Text proposed by the Commission

Amendment

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

This Chapter, with the exception of Article 10a, and the transitional provisions of Article 24 shall not apply to cargo handling services, passenger services and pilotage.

Amendment    102

Proposal for a regulation

Article 12 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Where the managing body of the port that receives public funds provides port services itself, it shall keep the accounts of each port service activity separate from the accounts of its other activities, in such a way that :

2. Where the managing body of the port that receives public funds provides port services or dredging itself, it shall keep the accounts of that publicly funded activity or investment separate from the accounts of its other activities, in such a way that :

Amendment    103

Proposal for a regulation

Article 12 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

When a managing body of the port, or an association of ports, carries out dredging itself and receives public funds for this activity, it shall not carry out dredging in other Member States.

Amendment    104

Proposal for a regulation

Article 12 – paragraph 3

Text proposed by the Commission

Amendment

3. The public funds referred to in paragraph 1 shall include share capital or quasi-capital funds, non-refundable grants, grants only refundable in certain circumstances, award of loans including overdrafts and advances on capital injections, guarantees given to the managing body of the port by public authorities, dividends paid out and profits retained or any other form of public financial support.

3. The public funds referred to in paragraph 1 shall include share capital or quasi-capital funds, non-refundable grants, grants only refundable in certain circumstances, award of loans including overdrafts and advances on capital injections, guarantees given to the managing body of the port by public authorities or any other form of public financial support.

Amendment    105

Proposal for a regulation

Article 12 – paragraph 4

Text proposed by the Commission

Amendment

4. The managing body of the port shall keep the information concerning the financial relations as referred to in paragraphs 1 and 2 of this Article at the disposal of the Commission and of the competent independent supervisory body as referred to in Article 17 for five years from the end of the fiscal year to which the information refers.

4. The managing body of the port shall keep the information concerning the financial relations as referred to in paragraphs 1 and 2 of this Article at the disposal of the Commission and of the body designated pursuant to Article 17 for five years from the end of the fiscal year to which the information refers.

Amendment    106

Proposal for a regulation

Article 12 – paragraph 5

Text proposed by the Commission

Amendment

5. The managing body of the port shall make available to the Commission and the competent independent supervisory body, upon request, any additional information that they deem necessary in order to complete a thorough appraisal of the data submitted and to assess compliance with this Regulation. The information shall be transmitted within two months from the date of the request.

5. The managing body of the port shall, in the event of a formal complaint and upon request, make available to the Commission and to the body designated pursuant to Article 17 any additional information that they deem necessary in order to complete a thorough appraisal of the data submitted and to assess compliance with this Regulation. The information shall be transmitted within two months from the date of the request.

Amendment    107

Proposal for a regulation

Article 12 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

 

7a. Member States may decide that paragraph 2 of this Article shall not apply to their ports of the comprehensive network which do not meet the criteria in point (a) or point (b) of Article 20(2) of Regulation (EU) No 1315/2013 in case of disproportionate administrative burdens, provided that any public funds received, and their use for providing port services, remain fully transparent in the accounting system. Where the Member States so decide, they shall inform the Commission thereof before their decision takes effect.

Amendment    108

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

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 to the economic value of the service provided.

1. The charges for the services provided by an internal operator under a public service obligation, the charges for pilotage services that are not exposed to effective competition and the charges levied by providers of port services, referred to in 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    109

Proposal for a regulation

Article 13 – paragraph 3

Text proposed by the Commission

Amendment

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.

3. The port service provider shall, in the event of a formal complaint and upon request, make available to the body designated pursuant to Article 17, 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    110

Proposal for a regulation

Article 14 – paragraph 3

Text proposed by the Commission

Amendment

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 aid rules.

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 in accordance with State aid and competition rules.

Amendment    111

Proposal for a regulation

Article 14 – paragraph 4

Text proposed by the Commission

Amendment

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, 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 terms.

4. Without prejudice to paragraph 3, port infrastructure charges may vary in accordance with 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 fair, non-discriminatory as to nationality and shall comply with State aid and competition rules. The managing body of the port may take into account external costs when setting the charges. The managing body of the port may vary the infrastructure charges in accordance with commercial practices.

Amendment    112

Proposal for a regulation

Article 14 – paragraph 5

Text proposed by the Commission

Amendment

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

deleted

Amendment    113

Proposal for a regulation

Article 14 – paragraph 6

Text proposed by the Commission

Amendment

6. The managing body of the port shall inform port users and the representatives or associations of port users about the structure and the criteria used to determine the amount of the port infrastructure charges, including the total costs and revenues serving as a basis to determine the structure and the level of the port infrastructure charges. It shall inform users of the port infrastructures of any changes in the amount of the port infrastructure charges or in the structure or criteria used in order to determine such charges at least three months in advance.

6. The managing body of the port shall inform port users and the representatives or associations of port users in a transparent manner about the structure and the criteria used to determine the amount of the port infrastructure charges. It shall inform users of the port infrastructures of any changes in the amount of the port infrastructure charges or in the structure or criteria used in order to determine such charges at least three months in advance. The managing body of the port shall not be required to disclose differentiations in the charges that are a result of individual negotiations.

Amendment    114

Proposal for a regulation

Article 14 – paragraph 7

Text proposed by the Commission

Amendment

7. The managing body of the port shall make available to the competent independent supervisory body and to the Commission, upon request, the information referred to in paragraph 4 and the detailed costs and revenues, serving as a basis to determine the structure and the level of the port infrastructure charges and the methodology used for setting the port infrastructure charges with regard to the facilities and services to which these port charges relate to.

7. The managing body of the port shall, in the event of a formal complaint and upon request, make available to the body designated pursuant to Article 17 and to the Commission, the information referred to in paragraph 4 of this Article and the level of the port infrastructure charges and the methodology used for setting the port infrastructure charges with regard to the facilities and services to which these port charges relate to.

Amendment    115

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1. The managing body of the port shall establish a committee of representatives of operators of waterborne vessels, cargo owners or other port users which are requested to pay an infrastructure charge or a port service charge or both. This committee shall be called the ‘port users' advisory committee‘.

deleted

Amendment    116

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

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.

2. The managing body of the port shall ensure that adequate mechanisms for the consultation of port users, including relevant interconnected transport operators, are in place. It shall consult port users in the event of substantial changes to port infrastructure charges. The providers of port services shall provide port users with adequate information about the structure of port service charges and the criteria used to determine them. Internal operators providing services under a public service obligation and the providers of port services as referred to in Article 6 (1b) shall consult port users on an annual basis and prior to the setting of port service charges on the structure and level of such charges. The managing body of the port shall provide adequate mechanisms for such consultation and shall be informed of the results of the consultation by the providers of port services.

 

It shall be possible to impose the obligations mentioned in this paragraph to bodies, including those with a distinct composition, that are already established within the port.

Amendment    117

Proposal for a regulation

Article 16 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

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:

1. The managing body of the port shall regularly consult the relevant stakeholders operating in the port area as well as public administrations responsible for transport infrastructure planning, where appropriate on the following:

Amendment    118

Proposal for a regulation

Article 16 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) the consequences of planning and of spatial planning decisions in terms of environmental performance;

Amendment    119

Proposal for a regulation

Article 16 – paragraph 1 – point c b (new)

Text proposed by the Commission

Amendment

 

(cb) measures to ensure and improve safety in the port area, including health and safety of port workers and information on access to training of port workers.

Amendment    120

Proposal for a regulation

Article 17 – title

Text proposed by the Commission

Amendment

Independent supervisory body

Independent supervision

Amendment    121

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that an independent supervisory body monitors and supervises the application of this Regulation in all the seaports covered by this Regulation on the territory of each Member State.

1. Member States shall ensure that effective mechanisms are in place to handle complaints for all the maritime ports covered by this Regulation on the territory of each Member State. To that end, the Member States shall designate one or more bodies.

Amendment    122

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission

Amendment

2. The independent supervisory body shall be legally distinct from and functionally independent of any managing body of the port or providers of port services. Member States that retain ownership or control of ports or port managing bodies shall ensure an effective structural separation between the functions relating to the supervision and monitoring of this Regulation and the activities associated with that ownership or control. The independent supervisory body shall exercise its powers impartially and transparently and with due respect to the right to freely conduct business.

2. The independent supervision shall be carried out in a manner which excludes conflicts of interest and is legally distinct from and functionally independent of any managing body of the port or providers of port services. Member States that retain ownership or control of ports or port managing bodies shall ensure that there is effective structural separation between the functions relating to the handling of complaints and the activities associated with that ownership or control. The independent supervision shall be impartial and transparent and shall duly respect the right to freely conduct business.

Amendment    123

Proposal for a regulation

Article 17 – paragraph 3

Text proposed by the Commission

Amendment

3. The independent supervisory body shall handle the complaints lodged by any party with a legitimate interest and the disputes brought before it arising in connection with the application of this Regulation.

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 bodies authorised to handle complaints referred to in Articles 12(5), 13(3) and 14(7).

Amendment    124

Proposal for a regulation

Article 17 – paragraph 4

Text proposed by the Commission

Amendment

4. In the event that the dispute arises between parties established in different Member States, the independent supervisory body of the Member State of the port where the dispute is presumed to have its origin shall have competence to solve the dispute.

4. In the event that the dispute arises between parties established in different Member States, the Member State of the port where the dispute is presumed to have its origin shall have competence to solve the dispute. The Member States concerned shall cooperate with each other and exchange information concerning their work.

Amendment    125

Proposal for a regulation

Article 17 – paragraph 5

Text proposed by the Commission

Amendment

5. The independent supervisory body shall have the right to require managing bodies of the ports, providers of port services and port users to submit information needed to ensure monitoring and supervision of the application of this Regulation.

5. In the event that a formal complaint is lodged by any party with a legitimate interest, the relevant body providing independent supervision shall have the right to require managing bodies of the ports, providers of port services and port users to submit the necessary information.

Amendment    126

Proposal for a regulation

Article 17 – paragraph 6

Text proposed by the Commission

Amendment

6. The independent supervisory body may issue opinions at the request of a competent authority in the Member State on any issues in relation to the application of this Regulation.

deleted

Amendment    127

Proposal for a regulation

Article 17 – paragraph 7

Text proposed by the Commission

Amendment

7. The independent supervisory body may consult the port users' advisory committee of the port concerned when dealing with the complaints or disputes.

deleted

Amendment    128

Proposal for a regulation

Article 17 – paragraph 8

Text proposed by the Commission

Amendment

8. The decisions of the independent supervisory body shall have binding effects, without prejudice to judicial review.

8. The decisions of the relevant body providing independent supervision shall have binding effects, without prejudice to judicial review.

Amendment    129

Proposal for a regulation

Article 17 – paragraph 9

Text proposed by the Commission

Amendment

9. Member States shall notify to the Commission the identity of the independent supervisory bodies by 1 July 2015 at the latest and subsequently any modification thereof. The Commission shall publish and update the list of the independent supervisory bodies on its website.

9. Member States shall notify to the Commission mechanisms and procedures put in place to comply with paragraphs 1 and 2 of this Article by ...* and shall notify it without delay of any subsequent modification thereof. The Commission shall publish and update the list of the relevant bodies on its website.

 

__________________

 

* OJ: Please insert the date: 24 months after the entry into force of this Regulation.

Amendment    130

Proposal for a regulation

Article 18

Text proposed by the Commission

Amendment

Article 18

deleted

Cooperation between independent supervisory bodies

 

1. The independent supervisory bodies shall exchange information about their work and decision-making principles and practices in order to facilitate a uniform implementation of this Regulation. For this purpose, they shall participate and work together in a network that convenes at regular intervals and at least once a year. The Commission shall participate, coordinate and support the work of the network.

 

2. The independent supervisory bodies shall cooperate closely for the purposes of mutual assistance in their tasks, including in carrying out investigations required to handle complaints and disputes in cases involving ports in different Member States. For this purpose, an independent supervisory body shall make available to another such body, after a substantiated request, the information necessary to allow that body to fulfil its responsibilities under this Regulation.

 

3. The Member States shall ensure that the independent supervisory bodies shall provide the Commission, after a reasoned request, with the information necessary for it to carry its tasks. The information requested by the Commission shall be proportionate to the performance of those tasks.

 

4. Where information is considered confidential by the independent supervisory body in accordance with Union or national rules on business confidentiality, the other national supervisory body and the Commission shall ensure such confidentiality. This information may only be used for the purpose which it was requested.

 

5. Based on the experience of the independent supervisory bodies and on the activities of the network referred to in paragraph 1, and in order to ensure efficient cooperation, the Commission may adopt common principles on the appropriate arrangements for the exchange of information between independent supervisory bodies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).

 

Amendment    131

Proposal for a regulation

Article 19 – paragraph 1

Text proposed by the Commission

Amendment

1. Any party with a legitimate interest shall have the right to appeal against the decisions or individual measures taken under this Regulation by the competent authorities, by the managing body of the port or by the independent supervisory body to an appeal body which is independent of the parties involved. This appeal body may be a court.

1. Any party with a legitimate interest shall have the right to appeal against the decisions or individual measures taken under this Regulation by the competent authorities, by the managing body of the port or by the body designated pursuant to Article 17 to an appeal body which is independent of the parties involved. This appeal body may be a court.

Amendment    132

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 1 July 2015 at the latest and shall notify it without delay of any subsequent amendment affecting them.

Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by ...* and shall notify it without delay of any subsequent amendment affecting them.

 

__________________

 

* OJ: Please insert the date: 24 months after the entry into force of this Regulation.

Amendment    133

Proposal for a regulation

Article 21

Text proposed by the Commission

Amendment

Article 21

deleted

Exercise of the delegation

 

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

 

2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for an indeterminate period of time.

 

3. The delegation of power referred to in Article 14 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

 

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

 

5. A delegated act adopted pursuant to Article 14 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

 

Amendment    134

Proposal for a regulation

Article 22

Text proposed by the Commission

Amendment

Article 22

deleted

Committee procedure

 

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

 

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

 

Amendment    135

Proposal for a regulation

Article 23

Text proposed by the Commission

Amendment

No later than three years after the entry into force of this Regulation, the Commission shall present a report to the European Parliament and the Council on the functioning and effect of this Regulation, accompanied, if appropriate, by relevant proposals.

For the purpose of evaluating the functioning and effect of this Regulation, periodic reports shall be presented to the European Parliament and the Council. By …*, the Commission shall present a first report and periodic reports every three years thereafter accompanied, if appropriate, by relevant proposals. The reports of the Commission shall take into account any progress achieved by the EU-level Sectoral Social Dialogue Committee for Ports.

 

________________

 

* OJ please insert the date: four years after the date of entry into force of this Regulation.

Amendment    136

Proposal for a regulation

Article 25

Text proposed by the Commission

Amendment

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply with effect from 1 July 2015.

It shall apply with effect from ...* .

 

__________________

 

* OJ: Please insert the date: 24 months after the entry into force of this Regulation.

(1)

OJ C 327, 12.11.2013, p. 111.

(2)

OJ C 114, 15.4.2014, p. 57.


EXPLANATORY STATEMENT

Background

The Commission’s proposal seeks to contribute to the goal of a more efficient, interconnected and sustainable functioning of the TEN-T by creating a framework which improves the performance of ports and helps them to cope with changes in transport and logistics requirements.

The main objectives of the proposal include modernising port services and operations and creating framework conditions to attract investments in ports. In this Regulation, the Commission aims to counteract weak competitive pressure and possible market abuses, in order to increase the efficiency of port services.

Cargo handling and passenger services have been excluded from Chapter II on market access, which are often organised by means of concession contracts and thus fall under the scope of the Directive on the award of concession contracts. Therefore this Regulation is to be considered in combination with the Directive 2014/23/EU on the award of concession contracts.

An important condition for fair competition between ports on a level playing field is a clear framework on State aid rules. The Commission is currently engaged in the review of the scope of the Block Exemption Regulation with a view to include criteria for port infrastructure by December 2015.

This proposal is in line with other important EU policies and objectives such as the White Paper on Transport, the Connecting Europe Facility and the Blue Belt Initiative.

This Regulation will apply to all the maritime ports identified in the TEN-T guidelines and, according to the Commission, will avoid additional burden for those ports already functioning well, whilst creating the conditions for the other ports to deal with their structural challenges.

Rapporteur’s position

The Rapporteur supports the Commission’s proposal especially on the financial transparency aspect, however he wishes to propose a number of amendments intended to improve the proposal.

The scope of the regulation should only include those port services that are offered directly to the users. Therefore dredging is deleted from the list of services, as it is not offered to individual users, but rather maintenance work to ensure the accessibility of the port.

The Rapporteur acknowledges that there are various systems for the organisation of ports and port services in place today. In order not to prescribe one single model, he takes out the market access provisions from Chapter II. The amended chapter refers to the organisation of port services with provisions on minimum requirements, limitation of the number of providers, services under public service obligation and social safeguards.

Social provisions governing the port labour regime have mainly been left out of this Regulation and are being discussed by the EU-level Sectoral Social Dialogue Committee for Ports, which has started its work on 19 June 2013. Nonetheless, the Rapporteur considers it important to take a clear stance against casual labour and for better training and safety conditions. The compliance with national social standards is added as one of the minimum criteria. Furthermore, the Member States should ensure the employees’ rights in the case of a transfer of undertakings or businesses.

In addition to land constraints in the port and in cases of public service obligations, the Rapporteur believes that space constraints on the water and the size of the market should also be considered as valid reasons to limit the number of service providers, in order to take into account the various sizes and geographic characteristics of ports. If a limitation of providers is necessary to ensure safe, secure or environmentally friendly port operations, the managing body or the competent authority should be enabled to decide on such.

Due to the high relevance of pilotage for safe and secure port operations, the Rapporteur believes that this service should not be subject to Chapter II.

On infrastructure charging, the Rapporteur has amended the proposal to enable the managing body of the port to set the charges autonomously according to their business strategy. To that end, he is restricting the Commission’s power for delegated acts to the classifications of vessels and fuels. The classification schemes should serve only as a basis for granting price variations but should not affect the managing body of the port's competence to set the level of the charges autonomously, in accordance with the applicable rules.

Furthermore, he increases the room for commercial negotiations between the port managing body and the port users, whilst complying with certain key transparency principles.

The Rapporteur supports the idea of consulting the port users adequately. However, this exchange is a common practice in many ports already today. Therefore a “one-size-fits-all” set-up should be avoided and different arrangements should be possible, as long as all users are consulted adequately.

The Rapporteur refers to “independent supervision” rather than to an independent supervisory body to shift the emphasis from the set-up of this body towards its task, namely the provision of an independent complaint mechanism. It is necessary that all users are informed and have the possibility to file a complaint to an independent body. He clarifies that existing bodies can serve as such a body without any added bureaucratic burden.

In order to take into account a realistic timetable, whilst understanding the importance of a rapid implementation, the Rapporteur has aligned the date of entry into force of this Regulation with the Council approach of 24 months.

In conclusion, the Rapporteur has improved the aspects of the Commission’s proposal which he is in agreement with. With his amendments he is emphasising the need for the managing body of the port's autonomy in order to act according to its economic strategy, while certain key principles must be respected. Additionally, the Rapporteur is avoiding an increase in administrative burden in connection with the application of this Regulation. All in all, this Regulation should create legal certainty for the ports and have a positive impact on the successful functioning of the TEN-T network.


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Market access to port services and financial transparency of ports

References

COM(2013)0296 – C7-0144/2013 – 2013/0157(COD)

Date submitted to Parliament

21.5.2013

 

 

 

Committee responsible

       Date announced in plenary

TRAN

10.6.2013

 

 

 

Committees asked for opinions

       Date announced in plenary

ECON

10.6.2013

EMPL

10.6.2013

IMCO

10.6.2013

REGI

10.6.2013

Not delivering opinions

       Date of decision

ECON

22.7.2014

IMCO

18.6.2013

REGI

22.9.2014

 

Rapporteurs

       Date appointed

Knut Fleckenstein

16.7.2014

 

 

 

Discussed in committee

5.5.2015

15.6.2015

12.10.2015

 

Date adopted

25.1.2016

 

 

 

Result of final vote

+:

–:

0:

29

13

3

Members present for the final vote

Daniela Aiuto, Lucy Anderson, Marie-Christine Arnautu, Georges Bach, Deirdre Clune, Michael Cramer, Andor Deli, Karima Delli, Isabella De Monte, Ismail Ertug, Jacqueline Foster, Tania González Peñas, Dieter-Lebrecht Koch, Merja Kyllönen, Bogusław Liberadzki, Peter Lundgren, Marian-Jean Marinescu, Gesine Meissner, Renaud Muselier, Jens Nilsson, Markus Pieper, Salvatore Domenico Pogliese, Tomasz Piotr Poręba, Gabriele Preuß, Christine Revault D’Allonnes Bonnefoy, Dominique Riquet, Massimiliano Salini, Claudia Schmidt, Keith Taylor, Pavel Telička, István Ujhelyi, Peter van Dalen, Wim van de Camp, Elissavet Vozemberg-Vrionidi, Janusz Zemke, Roberts Zīle, Elżbieta Katarzyna Łukacijewska

Substitutes present for the final vote

Knut Fleckenstein, Theresa Griffin, Franck Proust, Matthijs van Miltenburg

Substitutes under Rule 200(2) present for the final vote

Raymond Finch, Eugen Freund, Carlos Iturgaiz, Clare Moody

Date tabled

17.2.2016

Last updated: 6 December 2016Legal notice