CONTEST UNDER SUSPICION

Formentera approaches a summer without beach bars on its beaches

After the devastating technical report of the head of the Concessions Service, the instructor of the preliminary proceedings requested "to promote, without further delay, the initiation of the expiration procedure", which would be resolved in the coming months.

All roads lead to a summer 2026 without beach bars in Formentera. The current concessionaires have been left on the ropes and, sooner or later, the Consell Insular de Formentera will end up losing the concession of occupation of maritime-terrestrial public domain for the blatant irregularities documented by the technicians of the Conselleria del Mar y Ciclo del Agua and, with that, there will also be the expiration of the licenses of the eight beach kiosks of the mega-contest under suspicion .

After analyzing the technical report of the head of the Concessions Service, the instructor of the preliminary proceedings has requested “topromote, without further delay, the initiation of the expiration procedure“, since there is sufficient evidence that the essential conditions of the concession title have not been complied with.

Although the General Coastal Regulation establishes a “maximum term” of 18 months to “resolve and notify the resolution in the expiration procedures”, the legal report states that “it is convenient to agree to initiate them as soon as possible, in order to purge in an orderly manner the non-compliances and possible concurrent responsibilities and to avoid the prolongation of a situation of uncertainty regarding the adequacy of the facilities to the essential conditions of the concession”.

Therefore, it is estimated that the resolution will take place in the next few months, before the 2026 summer season.

Provisional measures

Another indication that fuels this scenario is that the legal report advances with the possibility of taking provisional measures while the cancellation file is being processed.

According to the Law of Common Administrative Procedure of Public Administrations (LPAC) and the General Regulation of Coasts, “the initiation allows -with hearing- to suspend the use of non-compliant facilities and order the precautionary lifting of elements that compromise distances or dune protection, when necessary to avoid the consolidation of effects contrary to the legality of the property”, as detailed in the report in possession of La Voz de Ibiza.

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In addition, the instructor of the preliminary proceedings, Pablo Giménez Vera, states that, although at this stage the Administration “does not require ‘full proof’ of all the points, but rather consistent and reasonable indications of essential non-compliances”, in this case they do “more than concur“.

The forfeiture procedure will allow the owner’s contradiction and, if necessary, the practice of complementary expert evidence, but the current indicative density is sufficient to open the forfeiture file,” he determines.

“Without delay”

The non-compliances – ranging from the failure to dismantle during the past winter, the verification that several kiosks are not removable and the lack of sufficient technical documentation – are “sufficient elements to initiate the expiration procedure, accompanying it, if necessary, of provisional measures aimed at preventing the consolidation of effects and with transfer to the sanctioning service for the assessment of the opening of proceedings,” explains the legal report.

For this reason, he promotes the initiation of the forfeiture procedure as quickly as possible: “Without further delay,” he says.

As stated in the report in the possession of La Voz de Ibiza, “although the preliminary proceedings of October 9, 2025 provided for the referral of this report to the Consell Insular de Formentera for the purpose of a hearing within the framework of the preliminary proceedings, the joint analysis of the facts and evidence accredited in the documentation available allows us to consider that the need to promote, without further delay, the initiation of the forfeiture proceeding is sufficiently established”.

In addition, it clarifies that, in the processing of this procedure “the hearing of the Consell Insular de Formentera will be guaranteed with respect to the facts and possible non-compliances detected, with all the guarantees of the contradictory phase”, as well as the concessionaires involved.

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Automatic Translation Notice: This text has been automatically translated from Spanish. It may contain inaccuracies or misinterpretations. We appreciate your understanding and invite you to consult the original version for greater accuracy.

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