A) PURPOSE AND DURATION
In accordance with article 21 of Law 21/2007, of 18 December, on the Legal and Economic Regime of the Ports of Andalusia, the occupation of public space in the port with temporary facilities or movable property or without them is subject to authorisation from the Public Ports Agency of Andalusia.
These authorisations can be for up to three years, including extensions.
The authorisations granted are temporary, personal and the use is non-transferable between people or to third parties.
B) AWARDING PROCEDURE
The procedure for awarding authorisations may begin with the application of the interested party or with a call for tenders issued by the Agency.
In cases where the interested party has submitted an application, this must list the information mentioned below.
In calls for tender, the responsible body for taking the decision will approve the terms and conditions that must govern it, the criteria for the awards and the terms and conditions for the authorisation. The call will be published in the Official Gazette of the Junta de Andalucía.
Any person or company may submit an application, as long as both the use and the activity proposed meet the requirements for use of the ports as specified in Law 21/2007, of 18 December, on the Legal and Economic Regime of the ports of Andalusia.
However, 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 60 of Royal Legislative Decree 30/2011, of 14 November, approving the revised text of the Law of Public Sector Contracts, administrative rights cannot be awarded over public property if the applicant cannot prove that they have fully satisfied their fiscal obligations and social security contributions.
Requests to obtain authorisation must be formalised in writing and signed by a person with sufficient powers and addressed to the Public Ports Agency of Andalusia. Model included
This text must specify:
- Business name, Tax I.D. and address of the interested party, whether a natural or legal person. Contact person (telephone, fax and email).
- The public property or space in the port to be occupied and in the latter case, the size of the space, adding sketches that make it possible to identify the location and size and whether some kind of work is needed.
- Type of activity to be carried out.
- The period for which the authorisation is requested.
This application must be accompanied by the following documents:
I. Documents about the nature of the applicant:
- Natural persons: Witnessed, original, authenticated or stamped Tax I.D. or identity 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 Department of Agriculture, Fisheries and the Environment.
- 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
II. Sworn declaration of Capacity for Contracts and Incompatibilities. Model included
III. Forecast of annual income and expenditure, with information about the investment required and how it will be financed.
IV. Technical documents which shall include:
- A descriptive text on the activity and use that the requested premises or public space shall be intended for. Proof of experience in the sector and the number of jobs that will be created.
- Diagram showing the location and surface area of the public port space to be occupied or used (with measurements).
- If there are no plans to carry our public works.
a. Description and proposal for the location of the movable property and facilities, and the estimated budget for these, or a statement that they will not require investment. If it involves the installation of prefabricated facilities, it must be accompanied by photographs and catalogues of these.
b. Certificate endorsed and signed by a qualified technician which confirms that the facilities that the applicant requires for the activity are technically and legally appropriate.
- If there ARE plans to carry our public works.
a. Project for carry out the works or modifications signed by a qualified technician and endorsed by the the corresponding official body.
V. Certificate that there are no outstanding debts with the state tax office.
VI. Certificate that there are no outstanding debts with the autonomous community’s tax office.
VII. Certificate issued by the National Social Security Institute that all obligations with this body have been met.
VIII. If the proposed activity is affected by Law 7/2007, of 9 July, on Integrated Management of Environmental Quality, the corresponding instrument for environmental protection and control must be presented during the process or, at least before the award of the authorisation or the documents of the relevant Authority to show that this request has been submitted.
- If the proposed activity is affected by Decree 78/2002, of 26 February to approve the Denomination and Catalogue of Public Spectacles, Recreational Activities and Public Establishments of the Autonomous Community of Andalusia, it must be adapted to the names and definitions listed in Annexes I and II of this Decree.
- If the proposed activity is affected by Decree 122/1999, of 18 May, to approve the regulations of the Register of Industrial Establishments in Andalusia, a copy of the corresponding entry in this register or 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.