A) PURPOSE AND DURATION
In accordance with the content of article 24 of Law 21/2007, of 18 December, on the Legal and Economic Regime for the Ports of Andalusia, the occupation of public port property by permanent works or installations, or any other occupation for a period of more than three years, is subject to concession.
The title awarded will determine the length of the concession and any potential extensions, which in no case shall exceed the period of 30 years.
B) AWARDING PROCEDURE
The procedure for awarding concessions may begin with the application by the interested party or a call for tenders made by the agency.
In the case where the interested part starts the process, the application must be accompanied by the documents listed in section C).
In the case of a call for tenders, the organ responsible for the award will approve the terms and conditions that govern it, the criteria for the award and the conditions that will apply to the concession. The call will be published in the Official Gazette of the Junta de Andalucía and in this web site.
Concessions can only be awarded for the uses and activities permitted under article 16 of Law 21/2007, of 18 December, on the Legal and Economic Regime of the ports of Andalusia, which are in accordance with the provisions established in the use plans for the port areas.
Also, in accordance with the content of article 94 of Law 33/2003, of 3 November, on the Patrimony of Public Administrations, in relation with article 49 of Law 30/2007, of 30 October, on Public Sector Contracts, administrative title cannot be awarded over public property if the applicant cannot prove that they have fully satisfied their fiscal obligations and social security contributions.
The interested party must submit an application, addressed to the Public Ports Agency of Andalusia, accompanied by the following documents and supporting evidence:
- Documents about the nature of the applicant:
Natural persons: Witnessed, original, authenticated or stamped national identify document or document that serves this purpose.
Legal persons: Public deed of constitution or modification, where relevant, entered in the Company Register, when this is required in accordance with applicable business law, and the Tax I.D. of the entity in question. If this is not the case, the confirmation of capacity to apply is obtained by the deed of constitution, the statutes or act of foundation, which will contain the rules that govern its activities, which are also entered, if available, in the corresponding official register.
Cooperatives, shall also include their Social Statutes, or documents that replace these, duly entered in the General Register of Cooperatives.
Fishing Cooperatives shall also submit their statutes, duly entered in the Register of Statutes of Fishing Cooperatives and Federations (or the document that replaces it), at the General Directorate of Fishing at the Department of Agriculture and Fisheries.
Sailing Clubs and Associations must submit their Public Deed of Constitution and the Statutes of the entity, documents to prove the entity’s entry in the Association Register for Andalusia and the Tax I.D. number.
In any other instance of private association (societies, joint ownerships, partnerships, etc.) proof must be provided of inscription of the association in an official public register and evidence of its nature and the operative capacity of each member. All documents must be signed by all the members, except when sufficient power of representation has been granted to one of them. In any case, regardless of the internal rules established, the members shall respond jointly for the obligations of the association, company or community with regard to the Port Administration. To this effect, they must provide a specific individual commitment from each of the members.
All Public Administrations of any kind shall comply with the requirement to demonstrate their character, stating the relevant law or regulation of their creation and the Official Gazette in which it was published, and certification of approval by the responsible body of the administration is required to approve any private authorisation.
In all cases, a power of representation is required along with a duly witnessed, authenticated or stamped copy of the National Identity Document, or other document that performs this function, for the representative
- Sworn declaration of Capacity for Contracts and Incompatibilities.
- Certificate of the National and Regional Tax Office and Social Security to confirm that all due payments have been made.
- Certificate of absence of incompatibilities for contracts in accordance with Law 3/2005, of 8 April.
- Three copies of the basic project signed by a qualified technician, authorised by the relevant Official Body.
- Business Project.VII. Economic and Financial Study to ensure the viability of the activity requested, submitting:
a) Balance and Forecast Income Statement for a simulated period of 10 years);
b) Profitability Analysis of the Project with NPV and IRR indicators, taking both the investment to be made and the cost of financing into account.
- Provisional Guarantee to the value of 2% of the Budget for construction costs of the works or facilities in accordance with the content of article 29 of Law 21/2007, of 18 December, on the Legal and Economic Regime of the Ports of Andalusia.
- If the proposed activity is affected by Law 7/2007, of 9 July, on Integrated Management of Environmental Quality, it must provide the corresponding instrument for environmental protection and control or the documents of the relevant Authority to show that this request has been submitted.
Finally, the inspection of these documents may require the Public Ports Agency of Andalusia to request further documentation.
Call the Department of Authorisation and Concessions of the Public Ports Agency of Andalusia. Phone955 00 72 00.