CONTEST UNDER SUSPICION

New insubordination in the making of Formentera’s chiringuitos (beach bars)

A few days before the legal deadline to dismantle the beach kiosks, seven of the eight concessionaires still have not moved a single piece. This same non-compliance last winter has provoked a file of the Govern for which the Consell de Formentera could lose the management of the coast. In addition, the consistory could move forward with the withdrawal of the concession against some owners who already accumulate three serious offenses.
El chiringuito Amar.

The clock is ticking, and faster and faster. However, the beach kiosks are still standing in Formentera, as if nothing. Thus, the concessionaires of the beach kiosks of the contest under suspicion are on the way to a new insubordination by not dismantling their structures this winter. The end, at this point, seems inevitable: the loss of the concession as a result of essential breaches of the title.

Just days before the legal deadline to have the facilities dismantled, everything seems to indicate that the beach bars are once again disobeying the regulations: this obligation is contemplated both in the General Coastal Regulations and in the concession title and the bidding specifications. Only one of the eight concessionaires (Bartolo) has started the dismantling, while the other seven have not started any work.

According to La Voz de Ibiza La Voz de Ibiza after a visit to the affected beaches, there are no signs of activity at the points where the kiosks are located, which should be completely dismantled before January 15 and -at least- until February 15.

No time

Sources familiar with the sector warn that, even if the removal work were to begin immediately, there is no longer any margin for meeting the deadline.

The lack of action anticipates a new insubordination as the one occurred last winter. This reiterated behavior could accelerate the proceedings being carried out by the Conselleria del Mar y Ciclo del Agua, after a devastating technical report and a legal document that leaves no doubt about the seriousness of these breaches.

Both reports -which are in possession of La Voz de Ibiza- conclude that “essential” conditions of the granted title have been violated. Therefore, it immediately proposes to the “competent body to issue an agreement to initiate the procedure for the expiration of the concession CNC02/21/07/0045, for breach of essential conditions related to the seasonal and removable nature of the facilities, as well as their correct location and extension on the maritime-terrestrial public domain”.

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The test

These images were taken this Friday, where it can be seen that none of the seven chiringuitos have started the dismantling process.

Sa Unió’s change of position

The overwhelming reports of the Govern have also left Sa Unió on the ropes, which in recent weeks has had a change of position after the complicities with the chiringuiteros were revealed .

After trying to avoid the obligation of dismantling and applying a derisory fine to the concessionaires for non-compliance during the last winter -aneconomic amountthat had even been proposed by the sanctioned ones- the Consell Insular de Formentera has hardened its discourse and pointed out that “compliance is not optional”.

Compliance with the specifications is not optional and repeated violations have consequences,” stressed the first vice president and councilor of the area, Verónica Castelló, who is confident that the concessionaires act in accordance with the law, although she admits the difficulty of the schedule: “For a month they must be dismantled.

In addition, the Consell has confirmed that the awarded companies have already been formally notified and that the requirement is “independent of the sanctioning proceedings”, which are already underway .

Repeated history

This situation is not new. In the previous winter, none of the eight beach bars was dismantled, despite the fact that the specifications and the Ministerial Order that regulates the concessions expressly requires the removal during the first quarter for a month. Meanwhile, the Consell Insular had established the date between January 15 and February 15.

At the time, the infringement resulted in fines of only 1,500 euros per kiosk, a derisory amount compared to the cost of dismantling and reassembling the structures.

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As La Voz de Ibiza reported , the situation caused the complaint of former concessionaires and the Government, which led to the opening of an informative dossier by the Conselleria del Mar.

Non-detachable structures: the crux of the problem

Part of the problem lies in the fact that many of the kiosks are not technically dismountable, something that had also been reported by this newspaper.

In addition, the Govern’s technical report indicates that at least three beach bars could not be dismantled without breaching regulations, and that two others could only do so under specific conditions.

The kiosks of Es Pujols (lot 24), Es Migjorn (lot 43) and Cala Saona (lot 3) are listed as not removable, while Arenals (lot 35) and Es Copinar (lot 27) would be “with conditions”. Only three structures (Arenals lot 38, Es Marí lot 50 and Es Pujols lot 19) are apparently dismountable.

Three serious misdemeanors

The bidding documents also contemplate that, in the event of three serious offenses or their equivalents accumulated by licensees, the Consell has the power to withdraw the concession.

In case this new insubordination in the making materializes, several beach bars will be in this situation. As reported this week by the Consell Insular de Formentera, the following have been established 37 serious violations and 5 very serious violations (of the 72 sanctions imposed).

This does not include last season’s and the non-compliance due to the failure to dismantle the previous season.

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Thus, at least 80 violations have been recorded in just two years, at an average of 10 violations per beach bar.

The Consell has responded that “these procedures are first notified of the sanctions and there is a period of allegations. We are at that stage”.

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Automatic Translation Notice: This text has been automatically translated from Spanish. It may contain inaccuracies or misinterpretations. We appreciate your understanding and invite you to consult the original version for greater accuracy.

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