Annex, as changes in the Community’s international obli-
gations require, by publishing a notice in the ‘L’ series of theOfficial Journal of the European Communities.the obligations with regard to staff, equipment and business
operation which apply in the Member States . The Commis-
sion shall update the Annex, as changes in the Community’s
international obligations require, by publishing a notice in the
‘L’ series of the Official Journal of the European Communities.
Amendment 95
Article 19, paragraph 2
2. The Commission shall prepare a report within five years
of its entry into force on how this Regulation has been appliedin the Member States , and the consequences for passengers,
and shall propose amendments to the Regulation if necessary.The report shall include an examination of the operation of
the exemption established in Article 7(4).2. The Commission shall prepare a report within five years
of its entry into force on how this Regulation has been appliedin the Member States, and shall propose amendments to theRegulation if necessary. The report shall address the con-
sequences for passengers and the personnel concerned,improvement of quality of services and employment trendsin terms of quality and quantity .
Amendment 96
Annex I, point 9
9. Costs resulting from the fulfilment of public service
requirements shall be calculated on the basis of efficientmanagement of the operator and the provision of transportservices of an adequate quality.Deleted
The amount of compensation shall be fixed in advance for
the duration of the contract or compensation scheme, withthe exception that the contract or scheme may provide forthe amount of compensation to be adjusted based on prede-termined factors. Compensation amounts shall in any caseremain fixed for a period of at least one year.
Compensation for complying with public service requirements
may only be given where the operator in question, if it wereconsidering its own commercial interests, would not, in theabsence of this compensation, fulfil the requirement orwould not fulfil it to the same extent or under the same con-ditions.
European Parliament legislative resolution on the proposal for a European Parliament and Councilregulation on action by Member States concerning public service requirements and the award ofpublic service contracts in passenger transport by rail, road and inland waterway (COM(2000)7 kdash
C5-0326/2000 kdash 2000/0212(COD))
(Codecision procedure: first reading)
The European Parliament,
Pdash having regard to the Commission proposal to the European Parliament and the Council
(COM(2000)7)(
1),
Pdash having regard to Articles251(2), 71 and 89 of the EC Treaty, pursuant to which the Commission
submitted the proposal to Parliament (C5-0326/2000),
(1) OJ C 365 E, 19.12.2000, p. 169.C140E/282 EN 13.6.2002 Official Journal of the European Communities
Wednesday 14 November 2001
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Pdash having regard to Rule 67 of its Rules of Procedure,
Pdash having regard to the report of the Committee on Regional Policy, Transport and Tourism and the
opinions of the Committee on Economic and Monetary Affairs and the Committee on Legal Affairsand the Internal Market (A5-0364/2001),
1. Approves the Commission proposal as amended;
2. Asks to be consulted again should the Commission intend to amend the proposal substantially or
replace it with another text;
3. Instructs its President to forward its position to the Council and Commission.
3. Market access to port services ***I
A5-0354/2001
Proposal for a European Parliament and Council directive on market access to port services
(COM(2001)35 kdash C5-0078/2001 kdash 2001/0047(COD))
The proposal was amended as follows:
TEXT PROPOSED
BY THE COMMISSION(1)AMENDMENTS
BY PARLIAMENT
Amendment 1
Recital 1
(1) The objective of Article49 of the Treaty is to eliminate
the restrictions on freedom to provide services in the Com-munity; in accordance with Article51 of the Treaty, that objec-tive must be achieved within the framework of the commontransport policy.(1) The objective of Article49 of the Treaty is to eliminate
the restrictions on freedom to provide services in the Com-munity; in accordance with Article51 of the Treaty, that objec-tive must be achieved within the framework of the commontransport policy ; Article 6 of the Treaty provides that environ-
mental protection requirements must be integrated in thedefinition and implementation of Community policies andactivities.
Amendment 2
Recital 7
(7) Diverse national legislations and practices have led to dis-
parities in the procedures applied and have created legal uncer-tainty regarding the rights of providers of port services and theduties of competent authorities. It is in the Community’s inter-est, therefore, to establish a Community legal framework which
laysdown basic rules on access to the port services market, the
rights and obligations of current and prospective service pro-viders, the managing bodies of the ports, as well as on the
procedures accompanying the authorisations and selection pro-
cesses.(7) Diverse national legislations and practices have led to dis-
parities in the procedures applied and have created legal uncer-tainty regarding the rights of providers of port services and theduties of competent authorities. It is in the Community’s inter-est, therefore, to establish a Community legal framework and
laydown basic rules on access to the port services market, the
rights and obligations of current and prospective service pro-viders, the managing bodies of the ports, the proceduresaccompanying the authorisation and selection processes, as
well as on the right of Member States to classify certain ser-vices, particularly technical-nautical services, as services ofgeneral interest in order to protect the public interest asregards safety in ports and adjacent waters .
(1) OJ C 154 E, 29.5.2001, p. 290.13.6.2002 EN C140E/283 Official Journal of the European Communities
Wednesday 14 November 2001