The beach bars of Formentera knew the obligation to dismantle each of the facilities a minimum of one month when they formalized the contract with the Consell de Formentera that put an end to the tortuous processing of the contest under suspicion and allowed the implementation of what the promoters foresaw as a succulent business and that now has turned out not to be so much and that has led them to request a reduction of the canon. It was the end of May of the current year. Six months later they have tried to circumvent this obligation.
The obligation to close for a month comes from the concession of Costas, which is part of the contract signed between the successful bidders and the Consell de Formentera “of 907 square meters of maritime-terrestrial public domain for the installation of facilities for beach services on various beaches of Formentera, granted by the Ministry for Ecological Transition and Demographic Challenge”. The concession title that is part of the contract, without any doubt, establishes, in response to a previous allegation of the Consell de Formentera, which intended to be open all year round, that “the facilities must remain dismantled for one month within the annual period in the first quarter of the year”.
The Bustos beach bars
The two beach bars of es Pujols, both in the hands of the controversial businessman Angel Bustos, would have been saved from this obligation to be on an urban beach. The Consell de Formentera, however, extended the obligation to dismantle one month to all the beach bars to avoid privileges between some and others depending on their location. The obligation imposed by the Ministry is a consequence of article 68 of the General Regulation of Coasts: “These facilities will be seasonal and dismountable in all their elements”.
Chiringuitos cannot be permanent
In case you are not satisfied with the wording, Costas clarifies that this article is referring to the requirement “not only that they be dismountable, but that they be dismantled every season”. “They cannot be permanent,” the concession concludes.
Despite the fact that there are no doubts and this has been ratified by the Consell de Formentera in a legal and technical report to clarify alleged doubts, the concessionaires of lots 3, 19, 24, 35, 38, 43 and 50, represented by the lawyer Francisco Javier Jiménez de Cisneros Cid, an old acquaintance of the Port Authority as his complaint triggered the case ports, have maneuvered to avoid the obligation to dismantle. He is the historical lawyer of Angel Bustos and the one who presented the recusal writs against the still president Llorenç Cordoba and the Human Resources official who wrote the report that facilitated to declare the lots deserted that ended up facilitating the awards. These are the following companies. Mar Playa 2 SL; Apartamentos Castaví SA; Paraíso de los Pinos SA; Delle Vittorie SL, Monolisto 2016, SL; Far Away La Mola SL; and Ojalá Formentera SL. At least six of the seven benefited from the changes in criteria introduced by the Contracting Committee with respect to the bases and the open envelopes and would not have been awarded the contract if the specifications were applied.
De Cisneros Cid explains that in the concession application the Consell de Formentera differentiates between temporary and fixed facilities, those that will remain operational throughout the year and will only be dismantled at the end of the concession. He adds that the specifications, systematically breached on the other hand, require concessionaires to open in low season, from November 1 to April 30, as “minimum, Fridays, Saturdays, Sundays and holidays”. Based on these arguments, the current concessionaires asked the Consell de Formentera on December 16 to request the Conselleria del Mar y del Ciclo del Agua, competent to modify the conditions of the concession after the transfer of part of the competence of Costas, to eliminate the obligation to dismantle one month. And, furthermore, to leave this obligation without effect until such time as the alleged request was resolved. In view of the legal report advanced by La Voz de Ibiza, his request has fallen on deaf ears and the beach bars will have to be dismantled on January 15 and not start to be reassembled until February 15. Provided that the more than foreseeable new president who will come out of the motion of censure to be debated tomorrow, Oscar Portas, does not change his mind.
