With the Government’s refusal to accept that the beach bars of Formentera will not be dismantled in exchange for ceasing their activity for a month, the technicians of the General Directorate of Coasts and Coast of the Balearic Government “are studying” the possible sanctions against the owners of the new beach bars of the megaconcurso under suspicion due to non-compliance with both the Coastal Regulation and the contracts with the Consell de Formentera and the bidding specifications for not to dismantle the structures for a month, between January 15 and February 15.
This has been confirmed by sources of the Government to La Voz de Ibiza. In addition, they have advanced that, “in the worst case, they could lose the concession title“. Although they clarify that the sanctions faced by the licensees “can be very varied”. A day after the deadline to remove the beach kiosks expired, from the Govern had warned about the opening of sanctioning proceedings. In addition, it had reported that “could consider the possibility” of suspending the obligation to dismantle the beach kiosks for a month for later years, that is, from 2026, provided that the Consell de Formentera “formally raise this request”. Therefore, a negative response from the Directorate General of Coasts and Coastline to the precautionary measure filed by the Consell de Formentera is ruled out. precautionary measure filed by the Consell de Formentera to obtain the to get the suspension of the obligation to dismantle the beach bars, copying the arguments put forward by the owners.
Interpretation of the Regulations
Beach kiosks installed on natural stretches “cannot be permanent”, as established by the General Directorate of the Coast and Sea of the Ministry of Ecological Transition and Demographic Challenge. Therefore, Article 68 of the Regulation states that “these facilities shall be seasonal and removable in all its elements”. Although the concessionary title of Costas establishes that “the administrative concessions must be dismantled one month a year (during the first quarter of the year)“, from a municipal allegation presented in March 2023 it was established that “the annual obligation to dismantle is reduced to the period of one monthbetween January 15 and February 15 of each year“. The Council set this condition to harmonize two contradictory principles: the obligation to dismantle one month during the first quarter established by Costas -and that appears in the specifications- and to have open all year round to deseasonalize, a condition also set in the specifications.
What could be the penalties
Article 196 of the Regulations establishes the penalties for infractions. “Any action or omission that constitutes an infraction will be sanctioned with the appropriate fine according to articles 97 and 98 of Law 22/1988, of July 28, 1988, and concordant articles of these regulations,” it states. This Law considers “cases of non-compliance with the conditions of the title” as “minor infractions“, with a fine of 200 euros for each non-compliance. However, Article 165 of the Coastal Regulation clarifies the “cases of expiration of authorizations and concessions”. There could be a sanction to the owners of the beach bars for the “breach of the conditions that had been established as a result of the previous evaluation of its effects on the maritime-terrestrial public domain“.
