The Junta de Andalucía (the Regional Government of Andalusia), in accordance with article 64 of its Statutes of Autonomy, assumed powers relating to the harbours that do not legally qualify as being in the general interest of the state, together with the transport, logistics and distribution Centres located in Andalusia.
The Agencia Pública de Puertos de Andalucía (the Public Agency of Harbours of Andalusia) is a public law body that comes under the auspices of the Regional Ministry of Public Works and Housing, empowered to carry out the development and application of harbour policies and those concerning the Regional Government of Andalusia’s goods transportation areas. It was initially created as the Empresa Pública de Puertos de Andalucía (Public Company of the Ports of Andalusia) by the tenth additional provision of the 28th December 3/1991 Act of the Regional Government of Andalusia’s Budget for 1992, and constituted by way of the Regional Government’s Council 126/1992 Decree of 14th July, with powers over Andalusia’s harbour network.
It was not until 2001, when the 5/2001 Act of 4th June regulated the goods transportation area in the Autonomous Community of Andalusia, did the broadening of the company purpose contemplate the management of the said area. To this end, its Statutes were modified by way of the Regional Government Council 235/2001 Decree of 16th October.
Under the 21/2007 Act of 18th December, the Jurisdictional and Economic System of the Ports of Andalusia changed its name to the current Public Agency of the Harbours of Andalusia. The latter, along with the Regional Government Council, the Regional Ministry with powers over the ports - which is currently the Consejería de Fomento y Vivienda (the Regional Ministry of Public Works and Housing) – and the powers of the Autonomous Community in port matters, all make up the Harbour Network Administration of Andalusia.
Scope and Objectives:
In order to fulfill its functions, the Agency has been allocated the goods, rights and obligations that the Autonomous Community of Andalusia holds over adjoining harbours and facilities that are owned or managed directly. Additionally, the rights and obligations of concessionary harbours and harbour facilities corresponding to the Autonomous Community were transferred to the Agency.
In accordance with its Statutes, the detailed objectives of the Agency’s activity within the harbour environment are as follow:
- The organisation and management of the harbours, facilities and harbour services, including the public domain.
- The development, execution and planning of the Junta de Andalucía’s harbours policy with regard to projects, construction and operation of the harbour works and services.
- The rendering of harbour services under the best efficiency and safety conditions.
- The zoning of harbour areas within the town planning framework and according to the corresponding territorial zoning.
- The optimization of the economic and financial management of the group of Andalusian harbours and maximization of the profitability of the allotted assets.
- The promotion of activities connected with harbour traffic.
- The study, training and promotion of research in matters relating to the harbour works economy and activity.
- The coordination and liaising between marine and land transport in the Andalusian harbours.
- Cooperation with the administrations, corporations and private sector entities whose authority or activity affect harbour activity or are of interest for the better management of the harbour network.
- In those directly-managed harbours, the functions are far-reaching and include the following: maintenance, repair or expansion of existing infrastructures and the construction of new harbours; the complete management of these facilities and harbour services; the drawing up and approval of service areas usage plans; the updating and establishment of the earnings amounts under private law, and their proposal in the case of public law; and in general the exercising of any necessary functions for accommodating maritime traffic by cooperating with other harbour Administrations and achieving profitability from the harbour operations.
In the case of the indirectly-managed harbours, it is the Agency that processes and decides the proceedings concerning the granting, modification, redemption and expiry of the domain concessions, and processes those relating to public works concessions, proposes the review of the charges or taxes established in the concessions, approves the maximum tariffs to be paid by users and exercises the functions of inspection, vigilance, policing, as well as the penalizing authority that corresponds to the autonomous Administration within the harbour area coming under the auspices of the Autonomous Community of Andalusia.
Commercial activity within the group of autonomous harbours is of secondary importance where the Agency is concerned, although having a great effect at a local level, mainly in four harbours - Garrucha, Barbate, Isla Cristina and Ayamonte, with the latter having a great deal of vehicle and passenger traffic towards Portugal.
The management formula in these harbours tends to centre its activity on basic services and administration (arrival, getting underway and berthing of vessels, zoning and land services area monitoring functions), and the granting of concessions for the rendering of other specific harbour services, and almost all of the complementary ones.
Fishing activity provides the economic backbone of many municipalities which has resulted in the Agency making an important effort in adapting the harbour facilities to the needs of social demands, thereby proceeding with the construction, renovation and expansion of the fishing harbour facilities.
The management formula in these harbours tends to centre its activity on basic services and administration (berthing management, zoning and land services area monitoring functions), and the granting of concessions for the rendering of other specific harbour services and almost all of the complementary ones.
In this activity the powers are shared with the Regional Ministry of Agriculture and Fisheries of the Junta de Andalucía.
Nautical Activity - Marinas:
The Agency’s powers regarding sea sports include those corresponding to the Administration granting the administrative concession of indirectly-managed harbours as well as those of the said Administration relating to concessions over marina facilities located in directly-managed harbours, and directly-managed harbours and facilities not granted in concession.
The Agency manages directly a network of marinas providing high quality modern facilities and services, such as:
- Harbour offices.
- Berthing areas: individual and in common (visitors’ pontoon).
- Dry dock and launching areas.
- Chattels storage areas and parking areas.
- Toilets (changing rooms and baths/showers).
- Internal sign-posting and harbour buoys.
- Access control system.
- Green or recreation areas.
- White waste collection for dangerous waste.
Services and/or supplies
- Water, electricity, fuel supplies, and others.
- Travel lift and hoist.
- Garbage, used oils and other dangerous waste collection.
- Communications (telephone, fax and radio station).
- General information (harbour, tourist, weather aspects, etc.).
Commercial areas and maintenance
- Specialized shops.