Sources of the former owners of the beach kiosks in Formentera, who lost the award in the mega-tender under suspicion megaconcurso under suspicionare analyzing to denounce before the Demarcation of Coasts and Consellería del Mar y del Ciclo del Agua the breaches that have been demonstrated in recent times and request the annulment of the proceedings.
In addition to the violation of the dismantling of the beach bars and the fact that the installation is not dismountable in the sense that the regulations -an obligation established in the Coastal Regulation, the contracts with the Consell de Formentera and the bidding specifications-, in recent days a new irregularity was discovered: several of them were mounted on flood zones. The Law 22/1988, of July 28, 1988, of Coasts, in its article 27, establishes the transit easement that “will fall on a strip of 6 meters, measured inland from the inner limit of the sea shore”. In this sense, it determines that “this area must be left permanently open for public pedestrian passage and for surveillance and rescue vehicles, except in specially protected areas”.

This is also included in Article 74 of the Coastal Regulation in Article 74 which establishes the general rules for the occupation of beaches: “A strip of at least six meters shall be left permanently free from the shore at high tide”.

However, during last week’s sea floods, caused by the tide and the north wind, some beach bars ended up practically flooded. This is not a trivial matter from a business point of view. The closer the beach is to the sea, the more attractive it is to the client and, therefore, the greater the volume of business. The most striking case was that of Briss Formentera (Es Pujols), owned by the controversial entrepreneur Angel Bustoswho had also been denounced for not complying with the rules of the contest and serving drinks all along the beach, as La Voz de Ibiza reported. Last week this has been evidenced in images captured that illustrate this note, with sea water practically at the base of the beach kiosk. However, in the same irregularity -although less evident- are the beach bars Bartolo and Cala Sahona, at least.

Stakeout documents
The location of the structures for the operation of beach kiosks was the responsibility of the technician Ana María Fernández Molero, who ended up resigning in the face of criticism from expelled contestants. She is now a Water Resources technician in the Govern. The civil servant was a fundamental piece in making the technical reports of the specifications of the contest of kiosks of Formentera. In addition to being responsible for scoring the bids, she made changes and assessments with the process already started and that were endorsed by the Contracting Committee at the time of making controversial awards. On the other hand, the facilities were carried out without the mandatory minutes of staking out, a technical document that certifies the correct location and construction of infrastructure in the Maritime-Terrestrial Public Domain (DPMT), which consists of an initial record at the beginning of the assembly and a final one, as an evaluation of the facilities. This is an essential technical document that guarantees that the installations comply withsafety and legality regulations. One of them is the limitation of 6 meters from high tide. As advanced by La Voz de Ibiza, the Balearic Government confirmed that these beach establishments have been operating without this document since the beginning of the year. have been operating without this document since the beginning of the season, which compromises the legality of the concessions and calls into question compliance with safety regulations.
Other noncompliance
In addition, according to the specifications, the beach bars must have road access for water supply and sewage disposal.
However, several of them do not have such a condition and some of them were warned both orally and in writing, without any result. These are Es Migjorn, Bartolo, Lucky and Cala Sahona.