# C_2018050EN.01010201.xml

| 9.2.2018 | EN | Official Journal of the European Union | C 50/102 |
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9.2.2018

EN

Official Journal of the European Union

C 50/102

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P8_TA(2016)0069

Market access to port services and financial transparency of ports ***I

Amendments adopted by the European Parliament on 8 March 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)) (1)

1

(Ordinary legislative procedure: first reading)

(2018/C 050/16)

Amendment 1

Amendment 1

Proposal for a regulation

Proposal for a regulation

Title

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
  for the organisation of
  port services and
  for
  financial transparency of ports |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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

on market access to

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

for the organisation of

for

Amendment 2

Amendment 2

Proposal for a regulation

Proposal for a regulation

Recital 1 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1a)

(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.

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

Amendment 3

Proposal for a regulation

Proposal for a regulation

Recital 3 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3a)

(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.

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

Amendment 4

Proposal for a regulation

Proposal for a regulation

Recital 4

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

seaports

ports

, without prejudice, however, to the possibility of Member States deciding to apply this Regulation to other ports as well

| (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. |
| --- | --- |

(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.

maritime ports

only

maritime ports

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

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Recital 4 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4a)

(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.

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

Amendment 6

Proposal for a regulation

Proposal for a regulation

Recital 5

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). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5)

(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).

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

deleted

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Recital 6

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(6)

(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.

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

deleted

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Recital 7

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

including in terms of training, and the equipment required insofar as these

are transparent, non-discriminatory, objective and relevant for the provision

| (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
  . |
| --- | --- |

(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
  .

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

should also take into account environmental requirements as well as national social standards and the good repute

provider

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Recital 7 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7a)

(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.

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

Amendment 10

Proposal for a regulation

Proposal for a regulation

Recital 7 b (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7b)

(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.

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

Amendment 11

Proposal for a regulation

Proposal for a regulation

Recital 7 c (new)

Recital 7 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7c) | In accordance with Council Regulation (EEC) No 3577/92

   (1a)

  and the judgment of the Court of Justice of 11 January 2007 in Case C-251/04, Commission v Hellenic Republic

   (1b)

  , 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7c)

(7c)

In accordance with Council Regulation (EEC) No 3577/92

   (1a)

  and the judgment of the Court of Justice of 11 January 2007 in Case C-251/04, Commission v Hellenic Republic

   (1b)

  , 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.

In accordance with Council Regulation (EEC) No 3577/92

1a

and the judgment of the Court of Justice of 11 January 2007 in Case C-251/04, Commission v Hellenic Republic

1b

, 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.

Amendment 12

Amendment 12

Proposal for a regulation

Proposal for a regulation

Recital 10

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(10)

(10)

Since ports are constituted of limited geographical areas, access to the market could, in certain cases, be subject to limitations relating to the 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.

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

deleted

Amendment 13

Amendment 13

Proposal for a regulation

Proposal for a regulation

Recital 10 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(10a)

(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.

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

Amendment 14

Proposal for a regulation

Proposal for a regulation

Recital 11

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

competent authority and should be fully justified, in order to give the interested parties the opportunity to comment

| (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. |
| --- | --- |

(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.

managing body of the port or the competent authority

Amendment 15

Amendment 15

Proposal for a regulation

Proposal for a regulation

Recital 12

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

In order to be open and transparent, the

select the

full documentation should be communicated to

| (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. |
| --- | --- |

(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.

The

choose

should be non-discriminatory, transparent, and open to all

Amendment 16

Amendment 16

Proposal for a regulation

Proposal for a regulation

Recital 13

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13)

(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.

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

deleted

Amendment 17

Amendment 17

Proposal for a regulation

Proposal for a regulation

Recital 13 a (new)

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

   (2)

  , 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13a)

(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

   (2)

  , 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.

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

2

, 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

Amendment 18

Proposal for a regulation

Proposal for a regulation

Recital 14

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

or

| (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
  . |
| --- | --- |

(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
  .

a

, or safe, secure or environmentally sustainable port operations

Amendment 19

Amendment 19

Proposal for a regulation

Proposal for a regulation

Recital 18

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
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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
  .

The

with public service obligations

ports

prevail on such a choice

supervision by the

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
  . |
| --- | --- |

(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
  .

The managing body of the port or the

maritime ports

provide a port service under public service obligations

supervision

Amendment 20

Amendment 20

Proposal for a regulation

Proposal for a regulation

Recital 19

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 businesses (11). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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 businesses (11).

shall

. In cases of limitation of the number of port service providers,

it should be possible for the competent authorities to ask

11

| (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
  of 12 March 2001
  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 businesses (11). |
| --- | --- |

(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
  of 12 March 2001
  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 businesses (11).

should

and should take into account Article 28 of the Charter of Fundamental Rights of the European Union.

the competent authority should, in case of transfer of staff, require

of 12 March 2001

11

Amendment 21

Amendment 21

Proposal for a regulation

Proposal for a regulation

Recital 19 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(19a)

(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.

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

Amendment 22

Proposal for a regulation

Proposal for a regulation

Recital 19 b (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(19b)

(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.

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

Amendment 23

Proposal for a regulation

Proposal for a regulation

Recital 19 c (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(19c)

(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.

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

Amendment 24

Proposal for a regulation

Proposal for a regulation

Recital 19 d (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(19d)

(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.

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

Amendment 25

Proposal for a regulation

Proposal for a regulation

Recital 20

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

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,

, but Member States should remain free to decide to apply nevertheless the rules of this Chapter to these two services.

other

| (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. |
| --- | --- |

(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.

other than public concession contracts

Amendment 26

Amendment 26

Proposal for a regulation

Proposal for a regulation

Recital 20 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(20a)

(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.

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

Amendment 27

Proposal for a regulation

Proposal for a regulation

Recital 21 a (new)

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 Council

   (1a)

  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(21a)

(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 Council

   (1a)

  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.

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 Council

1a

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.

Amendment 28

Amendment 28

Proposal for a regulation

Proposal for a regulation

Recital 22

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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. |
| --- | --- |

(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.

publicly funded

Amendment 29

Amendment 29

Proposal for a regulation

Proposal for a regulation

Recital 22 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22a)

(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.

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

Amendment 30

Proposal for a regulation

Proposal for a regulation

Recital 22 b (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22b)

(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.

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

Amendment 31

Proposal for a regulation

Proposal for a regulation

Recital 22 c (new)

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)

  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22c)

(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)

  .

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

.

Amendment 32

Amendment 32

Proposal for a regulation

Proposal for a regulation

Recital 23

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

entail a higher risk of price abuse given their monopolistic or oligopolistic situation

fact that their market cannot be contested. The same is true for charges levied by internal operators in the meaning of this Regulation

they levy reflect the normal conditions

relevant market

| (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. |
| --- | --- |

(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.

charges applied by providers of pilotage services, which are not exposed to effective competition, entail a higher risk of price abuse

levied are not disproportionate to the economic value

services provided

Amendment 33

Amendment 33

Proposal for a regulation

Proposal for a regulation

Recital 24

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

In order to be efficient

| (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. |
| --- | --- |

(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.

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

Amendment 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Recital 25

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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. |
| --- | --- |

(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.

is an important tool for the managing body of the port and

. Port infrastructure charges may vary, for example,

Amendment 35

Amendment 35

Proposal for a regulation

Proposal for a regulation

Recital 26

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

Adequate facilities should be in place to ensure

| (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. |
| --- | --- |

(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.

It

be ensured

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

Amendment 36

Proposal for a regulation

Proposal for a regulation

Recital 27

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
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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
  .

the proper and effective application of this Regulation, an

supervisory body, which could be an

body, should

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
  . |
| --- | --- |

(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
  .

that an independent complaints mechanism is in place, one or more bodies providing

supervision should be designated by each Member State. It should be possible for

bodies, such as competition authorities, courts, ministries or departments within ministries not linked to the managing body of the port, to

for this purpose

Amendment 37

Amendment 37

Proposal for a regulation

Proposal for a regulation

Recital 28

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
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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
  .

The

independent supervisory bodies

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 |
| --- | --- |

(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

In cases concerning cross-border disputes and complaints, the

bodies providing independent supervision

cooperate with each other and

Amendment 38

Amendment 38

Proposal for a regulation

Proposal for a regulation

Recital 28 a (new)

Recital 28 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28a) | Port labour relations have a large influence on the functioning 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(28a)

(28a)

Port labour relations have a large influence on the functioning 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.

Port labour relations have a large influence on the functioning 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

Amendment 39

Proposal for a regulation

Proposal for a regulation

Recital 29

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(29)

(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.

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

deleted

Amendment 40

Amendment 40

Proposal for a regulation

Proposal for a regulation

Recital 30

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 powers

   (13)

  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(30)

(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 powers

   (13)

  .

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 powers

13

.

deleted

deleted

Amendment 41

Amendment 41

Proposal for a regulation

Proposal for a regulation

Recital 30 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(30a)

(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.

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

Amendment 42

Proposal for a regulation

Proposal for a regulation

Recital 31

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

the modernisation

ports

| (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. |
| --- | --- |

(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.

a framework for the organisation

maritime ports

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

Amendment 43

Proposal for a regulation

Proposal for a regulation

Recital 31 a (new)

Recital 31 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (31a) | Port labour relations have a significant influence on the activities and functioning 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(31a)

(31a)

Port labour relations have a significant influence on the activities and functioning 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.

Port labour relations have a significant influence on the activities and functioning 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

Amendment 44

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point a

Article 1 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | a clear framework for
  access to the market
  of port services; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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

access to the market

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

(a)

a clear framework for
  the organisation
  of port services;

the organisation

Amendment 45

Amendment 45

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point b

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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
  . |
| --- | --- |

(b)

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

covered by this Regulation

Amendment 46

Amendment 46

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 2 — point c

Article 1 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | dredging; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

(c)

dredging;

dredging;

deleted

deleted

Amendment 47

Amendment 47

Proposal for a regulation

Proposal for a regulation

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

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 48

Amendment 48

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3

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 Council

   (1a). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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]
  .

seaports

as defined

I

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 Council

   (1a).

maritime ports

listed

II

(EU) No 1315/2013 of the European Parliament and the Council

1a

Amendment 49

Amendment 49

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 a (new)

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). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

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

Amendment 50

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 b (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

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

Amendment 51

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 2

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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; |
| --- | --- |

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;

lashing, unlashing, stowing,

unless the Member State determines otherwise,

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

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

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2 a.

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

Amendment 53

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 3

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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
  ; |
| --- | --- |

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
  ;

and is not a port service offered to the user

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 5

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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;

under

port traffic,

the

| 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
  ; |
| --- | --- |

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
  ;

authorised by

and

where appropriate,

carrying-out, organisation or

, the administration of and management of port traffic and the development of the port area

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 6

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
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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
  ;

and

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; |
| --- | --- |

6.

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

safe

and shifting

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 8

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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; |
| --- | --- |

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;

port or safe navigation within

Amendment 57

Amendment 57

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 9

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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;

those ports

| 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
  ; |
| --- | --- |

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
  ;

infrastructures,

the port, if such waterways fall within the legal competence of the managing body of the port

, but excluding land lease rates and charges having equivalent effect

Amendment 58

Amendment 58

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 12

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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;

this

| 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; |
| --- | --- |

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;

the managing body of the port or

that

or authority

Amendment 59

Amendment 59

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 16

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
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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
  ;

‘seaport’

such works and equipment

; 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
  ; |
| --- | --- |

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
  ;

maritime port

a delimited

, managed by the managing body of the port and

infrastructures and facilities

staff

Amendment 60

Amendment 60

Proposal for a regulation

Proposal for a regulation

Article 2 — point 17

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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; |
| --- | --- |

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;

or safe navigation within the port

Amendment 61

Amendment 61

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point 18

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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
  . |
| --- | --- |

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
  .

, if such a waterway falls within the legal competence of the managing body of the port

Amendment 62

Amendment 62

Proposal for a regulation

Proposal for a regulation

Chapter II — title

Chapter II — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Market access | Organisation of port services |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Market access

Market access

Organisation of port services

Organisation of port services

Amendment 63

Amendment 63

Proposal for a regulation

Proposal for a regulation

Article 3

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. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 3

Article 3

deleted

deleted

Freedom to provide services

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.

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.

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

Amendment 64

Proposal for a regulation

Proposal for a regulation

Article 3 a (new)

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 3 a

Article 3 a

Freedom to organise port services

Freedom to organise port services

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

1.

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

(a)

(a)

minimum requirements to port service providers;

minimum requirements to port service providers;

| (b) | limitations of the number of providers; |
| --- | --- |

(b)

(b)

limitations of the number of providers;

limitations of the number of providers;

| (c) | public service obligations; |
| --- | --- |

(c)

(c)

public service obligations;

public service obligations;

| (d) | internal operators; |
| --- | --- |

(d)

(d)

internal operators;

internal operators;

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

(e)

(e)

free open access to the market of port services.

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.

2.

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

Amendment 65

Amendment 65

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 1

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

The

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.

Without prejudice to the possibility of imposing public service obligations, provided for in Article 8, the

or the competent authority

, including subcontractors,

Amendment 66

Amendment 66

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 2 — introductory part

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: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

may only

, where applicable,

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

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 2 — point b

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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;

appropriate

| (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; |
| --- | --- |

(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;

in a continuous manner

technical and financial

required

Amendment 68

Amendment 68

Proposal for a regulation

Proposal for a regulation

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

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

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

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

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 2 — point c

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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; |
| --- | --- |

(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;

, workers

other

Amendment 70

Amendment 70

Proposal for a regulation

Proposal for a regulation

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

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

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

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

Amendment 71

Proposal for a regulation

Proposal for a regulation

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

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(db)

(db)

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

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

Amendment 72

Amendment 72

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 3 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

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

Amendment 73

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 4

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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
  .

relevant training

, 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.

information

Amendment 74

Amendment 74

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 5

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 ...
   (*1) 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

by 1 July 2015

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) 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.

...

*1

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 5 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

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

Amendment 76

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 1

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

or the competent authority

, objective, non-discriminatory and proportionate

Amendment 77

Amendment 77

Proposal for a regulation

Proposal for a regulation

Article 5 — paragraph 2

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

one month

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.

or the competent authority

. It shall do so

a reasonable time, and in any event not exceeding four months,

Amendment 78

Amendment 78

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph - 1 (new)

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 Council

   (1a)

  , this Article shall not apply. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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 Council

   (1a)

  , this Article shall not apply.

-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 Council

1a

, this Article shall not apply.

Amendment 79

Amendment 79

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — introductory part

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: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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:

By way of derogation from Article 3

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:

Without prejudice to the existing different models for the organisation of port services

or the competent authority

Amendment 80

Amendment 80

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — point a

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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;

an essential

to provide the port service

as

according to the

| (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; |
| --- | --- |

(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;

a

which is essential for the provision of port services

, where applicable,

decisions or plans

in conformity with

Amendment 81

Amendment 81

Proposal for a regulation

Proposal for a regulation

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

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(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;

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

Amendment 82

Proposal for a regulation

Proposal for a regulation

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

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ab)

(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;

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

Amendment 83

Proposal for a regulation

Proposal for a regulation

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

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ac)

(ac)

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

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

Amendment 84

Amendment 84

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 3 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

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

Amendment 85

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 4

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
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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
  .

shall take necessary measures to avoid conflicts of interest. In absence of such measures,

, unless any of the reasons set out in paragraph 1 justifies a limitation to a single provider

Amendment 86

Amendment 86

Proposal for a regulation

Proposal for a regulation

Article 7

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) | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 7

Article 7

deleted

deleted

Procedure for the limitation of the number of providers of port services

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.

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.

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].

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.

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.

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.

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)

7.

This Regulation is without prejudice to Directive .../... [concession]

15

, Directive ..../....[public utilities]

16

and Directive .../... [public procurement]

17

Amendment 87

Amendment 87

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — introductory part

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: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Member States

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:

The Member States shall designate the competent authority within their territory, which may be the managing body of the port, entitled

implement

at least one of

Amendment 88

Amendment 88

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — point b

Article 8 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the availability of the service to all users; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

the availability of the service to all users;

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

(b)

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

, where appropriate on equal terms

Amendment 89

Amendment 89

Proposal for a regulation

Proposal for a regulation

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

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

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | the safety, security or environmental sustainability of ports operations; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

the safety, security or environmental sustainability of ports operations;

the safety, security or environmental sustainability of ports operations;

Amendment 90

Amendment 90

Proposal for a regulation

Proposal for a regulation

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

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(cb)

(cb)

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

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

Amendment 91

Amendment 91

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 3

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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

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

deleted

Amendment 92

Amendment 92

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 4

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

paragraph 3

Articles 6 and 7

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.

paragraph 1 of this Article

Article 6

Amendment 93

Amendment 93

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 5

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

competent authority

the seaports

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.

Member State

the maritime ports

Amendment 94

Amendment 94

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 6

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

in accordance with Article 7

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.

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

Amendment 95

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

In the cases provided for in Article 6 (1) (b),

under public service obligations

to impose such obligations directly on

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.

The managing body of the port or

through

provided that Article 4 applies equally to all operators providing the service concerned

Amendment 96

Amendment 96

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2

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
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

controlled

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
  .

The managing body of the port or

concerned

Amendment 97

Amendment 97

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

The

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.

In the cases provided for in Article 8, the

Amendment 98

Amendment 98

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

managing bodies of the port may

appointed in accordance with the procedure established by Article 7

the

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.

representative

competent authority shall

working conditions on the basis of binding national, regional or local social standards. In

of a transfer of staff due to a change of service

, the staff

shall be granted

same

Amendment 99

Amendment 99

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 3

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

Where

certain

regards the provision of relevant 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.

The

or the competent authority shall

all

all

and labour

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,

Amendment 100

Amendment 100

Proposal for a regulation

Proposal for a regulation

Article 10 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 10 a

Article 10 a

Training and labour protection

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.

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.

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.

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

Amendment 101

Proposal for a regulation

Proposal for a regulation

Article 11

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
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

and

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
  .

, with the exception of Article 10a,

and pilotage

Amendment 102

Amendment 102

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — introductory part

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: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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:

each port service

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:

or dredging

that publicly funded

or investment

Amendment 103

Amendment 103

Proposal for a regulation

Proposal for a regulation

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

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

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

Amendment 104

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 3

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

, dividends paid out and profits retained

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

Amendment 105

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 4

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

competent independent supervisory body as referred to in

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.

body designated pursuant to

Amendment 106

Amendment 106

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 5

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

the competent independent supervisory body, upon 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.

, in the event of a formal complaint and upon request,

to the body designated pursuant to Article 17

Amendment 107

Amendment 107

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 7 a (new)

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

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

Amendment 108

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 1

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

as referred to in Article 9 and

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

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.

under a public service obligation,

for pilotage services that are not exposed to effective competition and the charges

referred to in point (b) of Article 6(1)

, as far as possible,

Amendment 109

Amendment 109

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 3

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

competent independent supervisory body as referred to in

, upon request

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.

, in the event of a formal complaint and upon request,

body designated pursuant to

Amendment 110

Amendment 110

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 3

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

reflecting competitive conditions of the relevant market and

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.

and competition

Amendment 111

Amendment 111

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 4

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

in due respect of the

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.

the port's economic strategy and the port's spatial planning policy

, inter alia,

certain categories of

fair,

as to nationality and shall comply with State aid and

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

Amendment 112

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 5

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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

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

deleted

Amendment 113

Amendment 113

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 6

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

, including the total costs and revenues serving as a basis to determine the structure and the level of the port infrastructure charges

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.

in a transparent manner

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

Amendment 114

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 7

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

make available to the competent independent supervisory body and to the Commission,

the information referred to in paragraph 4 and the detailed costs and revenues, serving as a basis to determine the structure

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.

, in the event of a formal complaint and

make available to the body designated pursuant to Article 17 and to the Commission, the information referred to in paragraph 4 of this Article

Amendment 115

Amendment 115

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1

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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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’.

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

deleted

Amendment 116

Amendment 116

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

consult on an annual basis prior to the setting of port infrastructure charges the

' advisory committee on

and level of such

and in Article 9

the port users' advisory committee

facilities

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.

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

. The providers of port services shall provide

with adequate information about

of port service charges and the criteria used to determine them

Internal operators providing services under a public service obligation and

(1b)

port users

and

mechanisms

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.

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

Amendment 117

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 1 — introductory part

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: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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:

and public administrations

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:

the relevant

as well as public administrations responsible for transport infrastructure planning, where appropriate

Amendment 118

Amendment 118

Proposal for a regulation

Proposal for a regulation

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

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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

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

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

Amendment 119

Amendment 119

Proposal for a regulation

Proposal for a regulation

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

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(cb)

(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.

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

Amendment 120

Proposal for a regulation

Proposal for a regulation

Article 17 — title

Article 17 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Independent
  supervisory body | Independent
  supervision |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Independent
  supervisory body

supervisory body

Independent
  supervision

supervision

Amendment 121

Amendment 121

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 1

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

an independent supervisory body monitors and supervises the application of this Regulation

seaports

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.

effective mechanisms are in place to handle complaints for

maritime ports

To that end, the Member States shall designate one or more bodies.

Amendment 122

Amendment 122

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 2

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

supervisory body

an

supervision and monitoring of this Regulation

supervisory body

exercise its powers impartially and transparently and with due

to

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.

supervision

carried out in a manner which excludes conflicts of interest and is

that there is

handling of complaints

supervision

be impartial and transparent and shall duly

Amendment 123

Amendment 123

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3

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). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

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).

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

Amendment 124

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 4

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

independent supervisory body of the

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.

The Member States concerned shall cooperate with each other and exchange information concerning their work.

Amendment 125

Amendment 125

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 5

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
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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
  .

The independent supervisory body

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
  .

In the event that a formal complaint is lodged by any party with a legitimate interest, the relevant body providing independent supervision

the necessary information

Amendment 126

Amendment 126

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 6

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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

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

deleted

Amendment 127

Amendment 127

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 7

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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

7.

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

deleted

deleted

Amendment 128

Amendment 128

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 8

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

independent supervisory body

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

relevant body providing independent supervision

Amendment 129

Amendment 129

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 9

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 ...

   (*2)

  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

the identity of the independent supervisory bodies by 1 July 2015 at the latest and subsequently any

independent supervisory

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 ...

   (*2)

  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.

mechanisms and procedures put in place to comply with paragraphs 1 and 2 of this Article by ...

*2

and shall notify it without delay of any subsequent

relevant

Amendment 130

Amendment 130

Proposal for a regulation

Proposal for a regulation

Article 18

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). | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 18

Article 18

deleted

deleted

Cooperation between independent supervisory bodies

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.

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.

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.

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.

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).

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

Amendment 131

Proposal for a regulation

Proposal for a regulation

Article 19 — paragraph 1

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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

independent supervisory body

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.

body designated pursuant to Article 17

Amendment 132

Amendment 132

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 1

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 ...
   (*3) and shall notify it without delay of any subsequent amendment affecting them. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

by 1 July 2015 at the latest

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 ...
   (*3) and shall notify it without delay of any subsequent amendment affecting them.

...

*3

Amendment 133

Amendment 133

Proposal for a regulation

Proposal for a regulation

Article 21

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. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 21

Article 21

deleted

deleted

Exercise of the delegation

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.

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.

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.

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.

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.

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

Amendment 134

Proposal for a regulation

Proposal for a regulation

Article 22

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. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 22

Article 22

deleted

deleted

Committee procedure

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.

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.

2.

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

Amendment 135

Amendment 135

Proposal for a regulation

Proposal for a regulation

Article 23

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 ...

   (*4),
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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.

No later than three years after the entry into force

the Commission

present a report

on the functioning and effect

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 ...

   (*4),
  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.

For the purpose of evaluating the functioning and effect

periodic reports

be presented

. By ...

*4

the Commission shall present a first report and periodic reports every three years thereafter

The reports of the Commission shall take into account any progress achieved by the EU-level Sectoral Social Dialogue Committee for Ports.

Amendment 136

Amendment 136

Proposal for a regulation

Proposal for a regulation

Article 25

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 ...
   (*5). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

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
  .

from 1 July 2015

It shall apply with effect from ...
   (*5).

...

*5

---

(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 61(2), second subparagraph (A8-0023/2016).

1

(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).

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.

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.

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

7

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

(2)  

  OJ C 179, 1.8.2006, p. 2.

2

OJ C 179, 1.8.2006, p. 2.

(11)  OJ L 82, 22.3.2001, p. 16.

11

(11)  OJ L 82, 22.3.2001, p. 16.

11

(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).

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).

(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).

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).

(13)  

  OJ L 55, 28.2.2011, p. 13.

13

OJ L 55, 28.2.2011, p. 13.

(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).

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).

(*1)  
  24 months after the entry into force of this Regulation

*1

24 months after the entry into force of this Regulation

(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).

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).

(15)  
  Proposal for a Directive on the award of concession contracts (COM 2011) 897 final

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)

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)

17

Proposal for a Directive on public procurement (COM/2011/0896 final)

(*2)  
  24 months after the entry into force of this Regulation.

*2

24 months after the entry into force of this Regulation.

(*3)  
  24 months after the entry into force of this Regulation.

*3

24 months after the entry into force of this Regulation.

(*4)  
  Four years after the date of entry into force of this Regulation.

*4

Four years after the date of entry into force of this Regulation.

(*5)  
  24 months after the entry into force of this Regulation.

*5

24 months after the entry into force of this Regulation.

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