Juan Manuel Lafuente, Minister of the Sea and Water Cycle, has warned this morning in the plenary session of the Balearic Parliament that the Government will force to comply with the concession, the Coastal Regulation and the law in reference to the refusal of the owners of the beach bars of Formentera for failure to dismantle the structures installed on the natural beaches.
The intervention of the councilor was the result of a question asked by the deputy for Formentera and former island president, Llorenç Cordoba, who asked if “the Government will enforce the enabling title and the applicable regulations”.
In his introduction, Cordoba has made a “brief explanation of the situation of the competitions of the beach kiosks of Formentera”.
“Gent per Formentera drew up the plan, the PSOE executed it and last year, unexpectedly, Sa Unió (PP-Compromís) awarded the kiosks against the recommendations of two legal reports. This tender is full of irregularities and illegalities, and we can not talk about alleged, because in this case it is not necessary,” said Cordoba.
In addition, he explained in Parliament that since the award “there have been irregularities and non-compliance by the successful bidders of the kiosks, which have been collected through minutes of the Coastal Service to be recorded. For example, the lack of lifeguards, insufficient staff, lack of medical equipment, such as oxygen or defibrillators, all of which is mandatory to have the kiosk open. At the moment we are awaiting the opening and resolution of the corresponding files by the Consell de Formentera”.
On the other hand, Cordoba referred to the failure to comply with the obligation of dismantling, established in the specifications, the Coastal Regulation and the concession title. The deputy for Formentera said that “legal breaches have been demonstrated which, in the case of the kiosks, lead to the immediate expiration of their licenses and the impossibility of opening the activity“.
In addition, Cordoba listed the “lack of acts of prior recognition in accordance with Article 163 and the absence of competent technicians, as well as occupations outside the maritime-terrestrial public domain. Three kiosks have been reached by the sea, failing to comply with the minimum distance of 6 meters between the kiosks in the maritime zone, there is invasion of the public domain not authorized in concession through the installation of settlement structures and other elements, there are unauthorized discharges, etc. “.
“In this case, and due to the transfer of state competences of Costas to the Autonomous Community, the Government of the Balearic Islands must act for different reasons. Of course, the first is to enforce the law. Another is to stop the possibility of these breaches spreading to other islands if they see that nothing happens, thus avoiding a situation of impunity. And, finally, to assume the responsibility that corresponds to the administrations,” said Córdoba.
Black future for beach bars
Lafuente replied that “the Consellería has received several letters stating that there were possible infractions, both of the regulations and of the concession. What the Administration does when letters come in denouncing these infractions or possible infractions is to open the corresponding files and act in accordance with the law and the regulations”.
Regarding the non-compliance of the dismantling, Lafuente said that the corresponding inspection has already been made. “Still the day February 15 has not arrived. The corresponding inspection will be made before that date to see if this is the case and will be acted upon.”
“We will act in accordance with the reports of the officials and the legal services. No more and no less. Whatever the law says will be applied and that is the function of the Administration in this case,” he added.
In addition, the head of the Conselleria del Mar y Ciclo del Agua explained that his department “does not give any instruction on compliance with the law. The law must be complied with and the regulations and conditions of the concession must be complied with. It is not a question of willingness or unwillingness. The rules are complied with and the concessions are complied with. And that is where we are. The Conselleria has acted accordingly, it has the corresponding proceedings open.”
“In competences that, as I say, were granted by the State, the fees are collected by the State, the money is kept by the State and, in this case, competences were negotiated in which, from our point of view, this autonomous community was left in a not very positive situation, but we must comply with the applicable regulations, the competences granted and the competences we have to enforce the Department’s occupancy titles. Therefore, I will act in this way,” warned Lafuente.
What is the consequence of insubordination?
The concession title of the Ministry for Ecological Transition and the Demographic Challenge granted through the General Directorate of the Coast and Sea to the Consell Insular de Formentera does not admit any doubts regarding the insubordination to the obligation to dismantle the beach kiosks for one month of the current concessionaires: the concession has to be terminated.
This follows from the authorization to the Consell de Formentera to concession some 907 square meters of maritime-terrestrial public domain for beach service facilities on several beaches of Formentera.
In the Prescriptions of the document signed on April 26, 2023 by Ana María Oñoro Valenciano, general director of the Coast and Sea, the Ministry determines the expiration of the concession “regardless of the processing of the corresponding sanctioning proceedings” in the face of a series of non-compliances, among which is the obligation to dismantle.
