natgillin/translations-raw huggingface dataset:
The main points of the agreement were:
The main points of the agreement were:
· Authorisation requirement: Parliament accepted that it should be left to Member States to decide whether to make authorisation a statutory requirement.
· Authorisation requirement: Parliament accepted that it should be left to Member States to decide whether to make authorisation a statutory requirement.
· Self-handling: the Council accepted that self-handling should be allowed only in cases where shipping companies deploy their own seafaring personnel.
· Self-handling: the Council accepted that self-handling should be allowed only in cases where shipping companies deploy their own seafaring personnel.
· Pilotage services: Parliament agreed to pilotage remaining within the scope of the directive with emphasis being placed on its special importance for the safety of shipping and environmental protection.
· Pilotage services: Parliament agreed to pilotage remaining within the scope of the directive with emphasis being placed on its special importance for the safety of shipping and environmental protection.
· Competition between ports and transparency of financial relations: the Council agreed to expand the objectives of the directive to include these issues.
· Competition between ports and transparency of financial relations: the Council agreed to expand the objectives of the directive to include these issues.
· Type and duration of authorisations and transitional measures/compensation payments to former service providers: agreement was also reached on these points.
· Type and duration of authorisations and transitional measures/compensation payments to former service providers: agreement was also reached on these points.
However, at the sitting of 20 November 2003 Parliament rejected this compromise by a narrow majority (by 209 votes to 229 with 16 abstentions).
However, at the sitting of 20 November 2003 Parliament rejected this compromise by a narrow majority (by 209 votes to 229 with 16 abstentions).
This concluded the first legislative procedure once and for all.
This concluded the first legislative procedure once and for all.
New Commission proposal from 2004
New Commission proposal from 2004
On 13 October 2004 the Commission submitted the current proposal for a directive on market access to port services which, in its basic structure and provisions, is identical with the compromise text that emerged from the previous conciliation procedure.
On 13 October 2004 the Commission submitted the current proposal for a directive on market access to port services which, in its basic structure and provisions, is identical with the compromise text that emerged from the previous conciliation procedure.
The Commission emphasises that a Community legal framework is still essential and that most of the arguments and views expressed about the old proposal from 2001 were also still valid today.
The Commission emphasises that a Community legal framework is still essential and that most of the arguments and views expressed about the old proposal from 2001 were also still valid today.
Nevertheless, on important individual issues the new Commission proposal departs from the conciliation draft, for example, regarding a now compulsory authorisation for all port services, shorter duration of authorisations, still rudimentary arrangements for compensation for previous service providers, the extension of self-handling to new circumstances and the actual abandonment of transitional arrangements for existing service providers.
Nevertheless, on important individual issues the new Commission proposal departs from the conciliation draft, for example, regarding a now compulsory authorisation for all port services, shorter duration of authorisations, still rudimentary arrangements for compensation for previous service providers, the extension of self-handling to new circumstances and the actual abandonment of transitional arrangements for existing service providers.
Deliberations in the Committee on Transport and Tourism
Deliberations in the Committee on Transport and Tourism
It was from the outset the intention of your rapporteur to give the committee the opportunity to examine the Commission proposal as comprehensively as possible and to discuss its various aspects thoroughly.
It was from the outset the intention of your rapporteur to give the committee the opportunity to examine the Commission proposal as comprehensively as possible and to discuss its various aspects thoroughly.
By way of preparation for the discussions in committee your rapporteur first submitted to the committee a working document
By way of preparation for the discussions in committee your rapporteur first submitted to the committee a working document
Working document PE 355.765. dealing with the key issues concerning the Commission proposal.
Working document PE 355.765. dealing with the key issues concerning the Commission proposal.
An initial extensive debate was then held at which committee members were informed of the controversial points in the proposal.
An initial extensive debate was then held at which committee members were informed of the controversial points in the proposal.
On a proposal from your rapporteur a public hearing was organised by the committee on 14 June 2005 in Parliament to which representatives of all organisations concerned by the proposal were invited in order to state their position, especially on the issues raised in the working document.
On a proposal from your rapporteur a public hearing was organised by the committee on 14 June 2005 in Parliament to which representatives of all organisations concerned by the proposal were invited in order to state their position, especially on the issues raised in the working document.
Representatives of the following organisations attended the hearing:
Representatives of the following organisations attended the hearing:
- European Maritime Pilots’ Association (EMPA)
- European Maritime Pilots’ Association (EMPA)
- European Boatmen’s Association (EBA)
- European Boatmen’s Association (EBA)
- European Tugowners’ Association (ETA)
- European Tugowners’ Association (ETA)
- European Transportworkers Federation (ETF)
- European Transportworkers Federation (ETF)
Mr François Lamoureux, Director-General of the DG for Energy and Transport at the Commission, also took the opportunity at the hearing to present the Commission proposal and answer questions from committee members.
Mr François Lamoureux, Director-General of the DG for Energy and Transport at the Commission, also took the opportunity at the hearing to present the Commission proposal and answer questions from committee members.
Rapporteur’s position on Commission proposal
Rapporteur’s position on Commission proposal
In the light of the hearing in the Committee on Transport and Tourism and negotiations with members of other groups on compromise amendments, your rapporteur has adopted the following position on the Commission proposal together with major structural changes.
In the light of the hearing in the Committee on Transport and Tourism and negotiations with members of other groups on compromise amendments, your rapporteur has adopted the following position on the Commission proposal together with major structural changes.
Provisions on competition between ports
Provisions on competition between ports
The need for a European regulatory framework for transparency rules and aid guidelines in order to achieve fair conditions of competition between ports in the Union has been unanimously acknowledged by all parties.
The need for a European regulatory framework for transparency rules and aid guidelines in order to achieve fair conditions of competition between ports in the Union has been unanimously acknowledged by all parties.
No major amendments have been put forward to the proposed individual provisions in these areas.
No major amendments have been put forward to the proposed individual provisions in these areas.
For this reason and in the light of individual evaluation, the need for this regulatory framework has been clearly affirmed and no substantial amendments have been tabled to the detailed provisions.
For this reason and in the light of individual evaluation, the need for this regulatory framework has been clearly affirmed and no substantial amendments have been tabled to the detailed provisions.
On account of its major importance it is proposed to incorporate this set of rules for achieving fair and transparent conditions of competition into the objective of the directive expressis verbis and to amend the title of the directive to ‘Directive on sea ports’.
On account of its major importance it is proposed to incorporate this set of rules for achieving fair and transparent conditions of competition into the objective of the directive expressis verbis and to amend the title of the directive to ‘Directive on sea ports’.
Provisions concerning competition and market access in individual ports
Provisions concerning competition and market access in individual ports
The need for a European regulatory framework for market access to port services is - depending on their interests at stake - supported by the users of port services such as shipping companies, freight forwarders and freight handlers and rejected by the providers of port services such as trans-shipment undertakings and trade unions.
The need for a European regulatory framework for market access to port services is - depending on their interests at stake - supported by the users of port services such as shipping companies, freight forwarders and freight handlers and rejected by the providers of port services such as trans-shipment undertakings and trade unions.
Yet even the European Sea Ports Organisation (ESPO) was able to agree to rules governing market access as such, as long as their content was properly regulated from their point of view.
Yet even the European Sea Ports Organisation (ESPO) was able to agree to rules governing market access as such, as long as their content was properly regulated from their point of view.
Having weighed up the interests of the relevant economic and trade union circles, your rapporteur is of the conviction in the overriding interest of the Union - growth and jobs as well as fair competition in individual ports too - that European regulatory provisions are urgently necessary for market access to port services in individual ports as well.
Having weighed up the interests of the relevant economic and trade union circles, your rapporteur is of the conviction in the overriding interest of the Union - growth and jobs as well as fair competition in individual ports too - that European regulatory provisions are urgently necessary for market access to port services in individual ports as well.
This fundamental position was adopted by the Commission, Parliament and Council alike during the previous legislative procedure
This fundamental position was adopted by the Commission, Parliament and Council alike during the previous legislative procedure
And by the heads of state and government of the European Union at the meetings of the European Council on 15‑16 March 2002 (paragraph 38 of the conclusions) and of 21-22 March 2003 (paragraph 29 of the conclusions). .
And by the heads of state and government of the European Union at the meetings of the European Council on 15‑16 March 2002 (paragraph 38 of the conclusions) and of 21-22 March 2003 (paragraph 29 of the conclusions). .
As for the detailed provisions in the Commission proposal on market access, the hearing and subsequent discussions have revealed that many provisions in the joint text of the conciliation procedure under the previous legislative procedure
As for the detailed provisions in the Commission proposal on market access, the hearing and subsequent discussions have revealed that many provisions in the joint text of the conciliation procedure under the previous legislative procedure
Joint text 3670/2003 - C5-0461/2003 and report on the joint text approved by the Conciliation Committee for a European Parliament and Council directive on market access to port services - European Parliament delegation to the Conciliation Committee - A5-0364/2003 . contained better solutions in objective terms for all parties.
Joint text 3670/2003 - C5-0461/2003 and report on the joint text approved by the Conciliation Committee for a European Parliament and Council directive on market access to port services - European Parliament delegation to the Conciliation Committee - A5-0364/2003 . contained better solutions in objective terms for all parties.
Your rapporteur accordingly proposed that these provisions be taken over in the following areas in particular:
Your rapporteur has accordingly proposed that these provisions be taken over in the following areas in particular:
· mandatory authorisation to be left up to the Member States according to the subsidiarity principle, though a compromise amendment has stipulated that service providers would in every case need a contract with the competent authority that fulfils the conditions for a authorisation;
· mandatory authorisation to be left up to the Member States according to the subsidiarity principle, though a compromise amendment has stipulated that service providers would in every case need a contract with the competent authority that fulfils the conditions for an authorisation;
· longer duration of authorisations;
· longer duration of authorisations;
· clear definition of selection procedure where the number of providers of port services is limited, though a compromise amendment has stipulated that a selection procedure must take place in every case where a service provider directly or indirectly receives, or will receive, State aid;
· clear definition of the selection procedure where the number of providers of port services is limited, though a compromise amendment has stipulated that a selection procedure must in any case take place if a service provider receives or will receive, either directly or indirectly, State aid;
· separate rules – extended by a compromise amendment – on compensation;
· separate rules – extended by a compromise amendment – on compensation;
· separate rules on longer-term transitional measures.
· separate rules on longer-term transitional measures.
The reminder from the mooring and towage organisations that, alongside pilotage services, their activities are also of special importance for the safety of maritime and port transport was gladly accommodated by your rapporteur through the proposed change to recital 38.
The reminder from the mooring and towage organisations that, alongside pilotage services, their activities are also of special importance for the safety of maritime and port transport was accommodated by your rapporteur through the proposed changes to Recital 38 and Article 14.
Your rapporteur was unable to follow the demand of the pilots that their activity be excluded from the scope of the directive since pilotage services are of central importance for maritime and port transport and the distinctive features of pilotage services are already properly regulated in Article 14 (this was also the majority view of the European organisations that attended the hearing).
Your rapporteur was unable to follow the demand of the pilots that their activity be excluded from the scope of the directive since pilotage services are of central importance for maritime and port transport and the distinctive features of pilotage services are already properly regulated in Article 14 (this was also the majority view of the European organisations that attended the hearing).
Priloga: 13 sporazumnih predlogov sprememb.
Annex: 13 compromise amendments
Sporazumni predlog spremembe 1
Compromise 1
Členi 7 do 12 te direktive ne veljajo
The articles 7 to 12 of this directive shall not apply
a. za ponudnike storitev, ki imajo ali bodo imeli dostop do trga s pridobljeno lastninsko pravico ali enakovredno lastninsko pravico na zemljišču znotraj pristanišča, pod pogojem da je takšna pravica splošno dostopna in da imetnik ne prejema državne pomoči za financiranje pridobitve v smislu Pogodbe in/ali
a. to service providers who gained or are gaining access to the market through the acquisition of a right of ownership or an equivalent title of land within a port provided that such a right or title is generally available and that the acquirer does not benefit from State aid within the meaning of the Treaty for the financing of the acquisition and/or
b. kadar Evropska komisija na podlagi ustrezno utemeljene zahteve države članice odloči, da država nečlanica EU daje protikonkurenčno državno pomoč ali sprejema druge diskriminatorne ukrepe v prid pristaniščem zadevnega geografskega trga.
b. in cases where on a sufficiently justified request of a Member State the European Commission decides that anti-competitive state aid are given or other discriminatory measures are taken by non EU Member States in favour of ports in the relevant geographical market.
Sporazumni predlog spremembe 2
Compromise 2
5. „upravni organ pristanišča“ ali „pristaniška oblast“ (v nadaljnjem besedilu „upravni organ pristanišča“) je organ, ki ima bodisi skupaj z drugimi dejavnostmi ali pa ne po nacionalnem zakonu ali predpisih za cilj in odgovornost upravo in upravljanje pristaniških infrastruktur in usklajevanje ter, kadar je to primerno, nadzor dejavnosti izvajalcev, prisotnih v zadevnem pristanišču oziroma pristaniškem sistemu.
5. “managing body of the port” or “port authority” (hereinafter referred to as “managing body of the port”) means a body which, whether or not in conjunction with other activities, has as its objective and responsibility under national law or regulations the administration and management of the port infrastructures, and the coordination and, where appropriate, the control of the activities of the operators present in the port or port system concerned.
Lahko je sestavljen iz več ločenih organov ali pa je pristojen za več kot eno pristanišče.
It may consist of several separate bodies or be responsible for more than one port.
Upravni organ pristanišča je prav tako pristojni organ za storitve, ki se opravljajo na pomorskih poteh v pristanišče in iz njega, razen če država članica ne določi drugega pristojnega organa;
The managing body of the port shall also act as the competent authority for services provided on maritime access routes to and from the port, unless Member States appoint a different competent authority;
Sporazumni predlog spremembe 3
Compromise 3
12. „dovoljenje“ pomeni vsako dovoljenje pristojnega organa, vključno z licenco ali pogodbo, fizični ali pravni osebi za opravljanje ene ali več kategorij pristaniških storitev, pri čemer pogodba pomeni vsak dogovor, tako najem kot koncesijo, sklenjen med pristojnim organom in fizično ali pravno osebo;
12. “authorisation” means any permission from the competent authority, including a licence or a contract, allowing a natural or legal person to provide one or more categories of port services; whereby a contract means any agreement, whether a lease or a concession, concluded between the competent authority and a natural or legal person;
Sporazumni predlog spremembe 4
Compromise 4
13. „omejitev števila ponudnikov“ pomeni razmere, v katerih pristojni organ omeji število ponudnikov pristaniških storitev zaradi razlogov, povezanih z razpoložljivim prostorom ali zmogljivostjo, pomorsko varnostjo ali razvojno politiko pristanišča.
13. “limitation of the number of providers” means a situation in which the competent authority is limiting the number of providers for port services for reasons of available space or capacity, maritime safety, security or port development policy.
Razmere, v katerih pristojni organ, če je to primerno, določi razpon trgovinskih dejavnosti, ki se izvajajo v pristanišču ali v delih pristanišča, še zlasti kategorij tovora, s katerim se bo upravljalo, ter kraj ali zmogljivosti v pristanišču za opravljanje takšnih dejavnosti skladno z objavljeno razvojno politiko pristanišča, ne predstavljajo omejitve števila ponudnikov.
The situation whereby the competent authority, if appropriate, determines the range of commercial activities to be carried out in the port or parts of the port, in particular the categories of cargo to be handled, and the allocation of port space or capacity to such activities, pursuant to the published development policy of the port, does not constitute a “limitation of the number of providers”.
Sporazumni predlog spremembe 5
Compromise 5
Splošna načela o dostopu na trg pristaniških storitev
General principles on market access for service providers
Države članice lahko zagotovijo, da pristojni organ od ponudnika pristaniških storitev zahteva, da slednji pridobi predhodno dovoljenje v skladu s pogoji iz odstavkov 2 do 4.
Member States may ensure that the competent authority shall require that a provider of port service operations obtains prior authorisation under the conditions set out in paragraphs 2 to 4.
Ponudniki storitev v vsakem primeru potrebujejo pogodbo, ki mora izpolnjevati te pogoje.
Service providers need in any case a contract that has to fulfil these conditions.
Za ponudnike storitev iz člena 8 se šteje, da jim je bilo dovoljenje dodeljeno.
Authorisation shall be deemed granted to service providers selected under Article 8.
Merila za izdajo dovoljenj s strani pristojnega organa morajo biti pregledna, nediskriminatorna, objektivna, ustrezna in sorazmerna.
The criteria for the granting of authorisations by the competent authority must be transparent, non-discriminatory, objective, relevant and proportional.
Poleg morebitnih komercialnih dejavnikov se merila, kjer je to primerno, nanašajo le na:
Apart from any commercial elements involved, the criteria shall only relate, where applicable, to:
poklicne kvalifikacije ponudnika storitev in njegovega osebja, primeren poslovni načrt z jasnimi obvezami glede opravljanja storitev, njegovo trdno finančno situacijo in zadostno zavarovalno kritje,
the professional qualifications of the service provider and of his personnel, an adequate business plan containing clear commitments related to the provision of the service, his sound financial situation and sufficient insurance cover,
pomorsko varnost ali varnost in varovanje pristanišča ali dostopa vanj, dostopa do inštalacij, opreme in ljudi,
maritime safety or the safety and security of the port or access to it, its installations, equipment and persons,
usklajenost z zaposlitvenimi in socialnimi predpisi, vključno s tistimi iz kolektivnih pogodb, pod pogojem da so ti v skladu z zakonodajo Skupnosti, v vsakem primeru pa spoštovanje minimalnih predpisov, določenih z evropskim socialnim zakonom,
compliance with employment and social rules, including those laid down in collective agreements, provided that they are compatible with Community law, in any case, those minimal rules set out in European social law will be respected,
usklajenost z ustreznimi lokalnimi, nacionalnimi in mednarodnimi zahtevami na področju varnosti, varovanja in okolja,
compliance with relevant local, national and international requirements in the field of safety, security and environment,
razvojno in naložbeno politiko pristanišča.
the development and investment policy of the port.
Dovoljenje lahko vključuje tudi zahteve za javne storitve, povezane z varnostjo, regularnostjo, stalnostjo, kakovostjo in ceno ter pogoje, pod katerimi se to storitev lahko zagotavlja.
The authorisation may also include public service requirements relating to safety, regularity, continuity, quality and price and the conditions under which the service may be provided.
Merila iz odstavka 2 so javna in ponudniki kot tudi kandidati za ponudnika pristaniških storitev so vnaprej obveščeni o postopku za pridobitev dovoljenja.
Criteria referred to in paragraph 2 shall be made public and providers as well as candidate-providers of port services shall be informed in advance of the procedure for obtaining the authorisation.
Ta zahteva prav tako velja, če dovoljenje povezuje opravljanje storitve z naložbami v nepremično premoženje.
This requirement shall apply equally where an authorisation links the provision of service to an investment in immovable assets.