The president of the Consell Insular de Formentera, Óscar Portas, has recognized openly and for the first time on Monday morning that that the beach bars will not be dismantled this year, because there is no time to do itbecause there is no time to carry it out considering that the deadline set by the Consell de Formentera was from January 15 to February 15. Although he said that now will have to be analyzed with the legal services, both the institution and the Govern, if this can lead to the opening of a disciplinary case against the institution of the smaller pitiusa.
This is what Portas said this morning in an interview on Radio Ibiza, where he added to the ceremony of confusion about the dismantling by arguing that “the specifications do not stipulate that they have to dismantle“.
This is despite the strong documentary evidence that establishes this obligation, something that the winners of the mega-tender under suspicion the winners of the mega-contest under suspicion knew from the very first moment: the structures had to be dismountable and had to be removed for a minimum of 30 days.
In addition, Portas has consummated the refusal of the concessionaires, violating the Coastal Regulations, the tender specifications and the concessionary title, to argue: “You would have to ask those who mounted them. We are at 10 (February), it seems that they are not going to dismantle,” he said this morning in an interview on Radio Ibiza.
When asked if they were violating any regulations, the island president was hesitant: “We are in violation of the law,” he said.Yes and no. I understand that there should not be a sanction (from the Govern to the Consell de Formentera) but I do not rule out anything. We have a concession that is for us. We put them out to bid.”
In addition, he remarked that “it is true that the specifications do not stipulate that they have to dismantle. But later a State law included that they had to dismantle. Therefore, there we are in that area that the lawyers are the ones who will work”.
“If in the last 10 years it was requested that they did not have to dismantle, it was a demand. In addition, we argued that in order to deseasonalize the island a little and that the resident of Formentera could also take advantage in the winter, some specifications were made with this intention, not to have to dismantle the beach bars,” he said.
And he added that “we have come across this now. It is the legal services that have to assess it. And we are working for next year, with the Balearic Government and Litoral, to see if there can be a legal peace and they can stay without having to dismantle that makes no sense for all that we have said”.
It was in the sheets
Both the administrative and technical specifications explicitly established the obligation to dismantle the beach kiosks for one month at the end of the season, in each of the years of the concession, as La Voz de Ibiza has advanced.
The administrative specifications state that all administrative concessions were to “be dismantled one month a year (during the first quarter of the year) and temporary concessions at the end of the season”.
Meanwhile, the technical specifications establish, in point 9.2.9, that the structures “shall be easily disassembled, being required to be assembled by means of prefabricated modular systems that facilitate installation and reduce start-up time”.
It was in the Coastal Regulation
Article 68 of the General Coastal Regulations, which specifies the “occupations on natural stretches of beaches”, establishes the dimensions, distances and temporality of food and beverage establishments.
It establishes that “these facilities shall be seasonal and dismountable in all their elements“.
Article 110 states that “the installations must be dismantled at the end of each of the seasons included in the term of the authorization”.
It was in the concession title
The concession title is also clear on this point. In this sense, it evokes Article 68 of the General Coastal Regulation and attends to the “municipal allegation presented in March 2023, and admits that the annual obligation to dismantle is reduced to the period of one month between January 15 and February 15 of each year“.
Technical Report
For all these reasons and after the consultation made by the former director of Litoral, Asier Fernandez, technicians of the Consell de Formentera issued a report in which they state unequivocally that the chiringuitos must be dismantled.
No irregularities?
For his part, Portas laughed when asked if there was anything “strange” in the controversial bidding process for the lots, whose irregularities have been exposed.
“Weird?” (laughs). Not with the specifications. It will be more or less well done, but it is there, in principle it fulfilled all the requirements, all the legal guarantees and that is why it did not make sense to have them stopped. . What had to be done was to approve them, to move them forward. . At the time it was approved, that was the time to start to challenge them if you think there is something wrong. But having it in a drawer, no one could defend themselves,” said the president of the Consell de Formentera.
However, there was no reference to the accumulation of irregularities and illegalities that La Voz de Ibiza has been documenting for almost a year: changes in criteria, the absence of the minutes of staking out, the lack of certified lifeguards, the deficiencies in the qualifications of the staff, the deliberate favored treatment, the excesses of the limits of occupation, the pipes buried in protected dunes, among others.
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