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This is nothing new, as the sword of Damocles has been hanging over these Spain's famous 'chiringuito' beach bar businesses for at least a decade. Nevertheless, it is now back in the news with a vengeance after the European Commission reiterated its warning to the Spanish government that the method used to approve concessions is not in accordance with EU law.
To explain, Brussels considers that the formula used here to grant beach bar concessions lacks the "transparency" that the EU requires for this type of procedure on public land (in this case, the beaches themselves), according to sources from central government's Ministry for Ecological Transition. The usual procedure in Spain consists of making a prior application (of intention), which then opens up to a public consultation period of 20 days, during which any other interested party can opt to set up in the same space.
The Spanish government now has two months to argue the sanctions that are envisaged. Otherwise, the case will be referred definitively to the Court of Justice of the European Union, which will determine whether or not the procedure is appropriate. This situation directly affects the Junta de Andalucía, as the powers over beach concessions have been transferred to the region.
"This means war". This is how Manuel Villafaina, president of the regional federation for beach traders (Federación de Empresarios de Playas de Andalucía), states his position on the Brussels accusations. "It is quite the opposite: the Ley de Costas [Spain's national law on coastal use] already includes the element of competition and anyone can opt for it."
"The problem is that we have been dealing with these case files for ten years now, they have been delayed for a long time despite the fact that we have done everything we can to bring them to a successful conclusion. The regional and central governments are not reaching the necessary agreements."
"It is barbaric, the [central] government cannot say that it is going to pass the fines on to the Junta because it has the powers; it is necessary to continue processing the paperwork and not to stop for something that is not even law, and that could take several years in the EU court. Let's see how central government responds now..."
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