When it seems that nothing can surprise in the crazy political administration of Formentera, one more episode always arises, now with a strategy of filing an appeal for reconsideration by the successful bidders and the aim of gaining time to avoid dismantling the beach bars. All with the complicity of the Consell de Formentera itself.
By now, ten days have already passed since the dismantling of the the dismantling of the kiosks was to begin, but the structures are still in place Before it should be recovered that what is striking is not only the breach, but that these kiosks are the same that emerge from a contest full of shadows: with serious changes in criteria, irregular openings of the envelopes and a deliberate concealment of information to the participants. For this and other obscure points is that it is judicialized and investigated by the UCO since, for more: the award was given in an extraordinary government meeting.
None of these points prevented that throughout the 2024 season there was another list of breaches of the specifications, such as installing pipes in the dunes or not respecting the indicated withdrawal. And now, as if it were part of a logic of accumulating faults without problems, both the concessionaires and the Consell Insular refuse to comply with what is stipulated in the concession specifications regarding the removal of structures and leaving the beaches free. What stands out, within this panorama, is the role of the new government team of Sa Unió, which leans in favor of the concessionaires in justifying its delaying strategy. Meanwhile, the regulations remain unfulfilled, the protected areas remain without the care required by the Coastal Regulation, and the risk that the chiringuitos remain set up all year round increases. All this under the threat of sanctions that, far from being dissuasive, are derisory compared to the economic benefits generated by non-compliance. This scenario, rather than a novelty, reinforces the feeling that the commitments made have no real value.
A remedy to delay disassembly
Yesterday, Thursday, the concessionaires of the chiringuitos confirmed that they will file an appeal for reconsideration against the dismantling order issued by the Consell. As they explained, dismantling now would not only have a high logistical cost, but would also affect the objective of the contest, which is to promote off-season tourist activity. “If we dismantle, we will have to close for more than two months, something that contradicts the obligation to provide service in winter to promote deseasonalization,” said Juanjo Costa, spokesman for the concessionaires to Radio Ibiza. He also described the situation as “absurd” and called for the application of common sense, arguing that dismantling and reassembling the facilities will affect both businessmen and residents and tourists. The appeal for reconsideration presented by the concessionaires of the beach bars is peculiar because the obligation to dismantle the structures does not come from a new administrative act, but from the conditions stipulated in the bidding specifications and in the concession contract that they accepted when the lots were awarded. These conditions, derived from the Coastal Regulations, clearly establish the need to dismantle the installations for one month per year. Therefore, the appeal does not seem to challenge an arbitrary decision of the Consell, but to question a clause that the businessmen were already aware of from the beginning of the process. What is striking is that the appeal for reconsideration, being a tool designed to appeal administrative acts that affect rights or interests, could be considered inappropriate in this context. If the dismantling is a previously accepted contractual obligation, the action of the Consell in recalling this obligation does not constitute an autonomous administrative act. This suggests that the concessionaires are seeking, rather than a favorable legal resolution, to gain time while putting political pressure to avoid the dismantling, a move that underscores the tension between the parties involved and the Consell’s management of the conflict.
Dismantling, an unavoidable contractual obligation
Another clear argument that evidences a strategy to gain time is that the concession specifications explicitly state that failure to comply with the installation, opening and closing deadlines, as well as the assembly and disassembly procedures, constitutes an infraction. This point reinforces that the obligation to dismantle the beach bars is not an arbitrary or recent decision, but a contractual commitment accepted by the concessionaires when the lots were awarded. The document makes it clear that any failure to comply with these aspects may be considered a cause for sanction or even termination of the contract, demonstrating the seriousness of this obligation within the framework of the concession.
Administrative delays and lack of response
The problem is not new. Since December, seven of the eight concessionaires had requested the previous government team to transfer to the Balearic Government the possibility of avoiding the dismantling, but this request never reached its destination. It was not until January 14 when the new Consell team sent the request for precautionary measures, already out of time for this year. The Govern responded on Monday, January 20, rejecting the request and recalling that the regulations require the installations to be dismantled this month. In addition, it pointed out that any change in the conditions of the administrative concession could not be applied until later years. Meanwhile, the Consell reported only three days later that it had notified the concessionaires and that they must comply with the regulations, but the structures remain in place, raising doubts about the real will of the island administration to enforce the law.
A questioned contest and derisory penalties
The background of this conflict lies in the controversial contest that awarded the concessions of the beach bars. This process, already questioned for possible irregularities, established specific conditions for the installations, such as their dismountable nature and the obligation to remove them for one month every year. However, the concessionaires have argued that the dismantling is more complicated than it seems. According to them, the structures are not “easily dismantled” due to their complexity and location in areas of difficult access. This argument has been refuted by specialized technicians, who assure that the dismantling and installation of the modules can be done in just two days. Meanwhile, the businessmen seem to take the risk of sanctions as a lesser evil. According to the Coastal Regulations, fines for non-compliance with the conditions of the concession title are considered minor infractions, with a penalty of just 200 euros per non-compliance. This figure, which is derisory compared to the income generated by the beach bars, does not represent an effective deterrent for concessionaires. “It is an affordable cost compared to the economic losses that would mean closing for more than two months,” admit sources close to the sector. This gap between the penalties and the real impact on the concessionaires raises questions about the effectiveness of the regulation.
Tougher sanctions: an unlikely threat
Although the economic fines are symbolic, the Coastal Regulation contemplates more severe sanctions, such as the loss of the concession in serious cases of non-compliance. However, this measure, which requires lengthy administrative processes and technical evaluations, seems unlikely in the short term. In this context, Verónica Castelló herself has pointed out to Radio Illa that, according to the Coastal Law, those affected would incur in “minor infractions”, with an associated “small economic sanction” and, according to the specifications, a very serious infraction, with fines between 1,500 and 3,000 euros. Thus, the Consell has been more than ambivalent. Although it has notified the obligation to dismantle, it has also partially supported the arguments of the concessionaires, justifying that the regulations are ambiguous and that dismantling the beach bars harms Formentera in economic and environmental terms.
A conflict without immediate resolution
As the timetable progresses, the conflict remains unresolved. With the structures still in place and the appeal for reconsideration pending, the concessionaires have gained time. Meanwhile, the political inaction and lack of concrete measures on the part of the Consell generate more than doubts about its commitment to compliance with the regulations and more certainties with its complicity when it comes to letting things go by the wayside.
