The Yacht Club Association has asked its legal advisers to consider possible legal initiatives to deal with the thesis put forward by the Government to start a process of privatization of facilities that currently manage the yacht clubs because, in his view, the situation it is very clear from the legal aspect.
The Ministry of Infrastructure has submitted an amendment to the sole repealing provision of the law of Ports of the Generalitat Valenciana, hiding in the processing of the Act Accompanying the Budget. It's amendment proposes to remove from the Ports Act assuming direct award of concessions when the applicant is a nautical club.
Repealing yacht clubs this measure is not explained, because if the European legal framework forced the Generalitat Valenciana to make concessions to public competition of non-serious Yacht Clubs need a modification of the Ports Act as proposed.
The proposed amendment makes it clear that the law allows you to request a new concession without public tender where the applicant is a Yacht Club, so from the Department want to eliminate that possibility to allow facilities that currently manage the Yacht Clubs pass into private hands .
If the amendment of the Act ports prospers, there will be an unfairness to the Law on State Ports, it noted for the recognition of the work of clubs and permits granting a new concession to a Yacht Club without obligation to attend a public contest.
Thus, there will be a clear helplessness for the activity of the clubs in ports that depend on autonomy, against those who are under state administration.
Thus, in relation to 2014 / 23 / EU of the European Parliament and of the Council of 26 February 2014 on the award of concession directive, it should be noted that this directive does not apply to the demaniales Concessions are regulated by the heritage legislation of Public Administrations.
We must remember that the 15 May 2015 a report issued by the General Advocacy of the Generalitat which clarifies the legal regime applicable to Yacht Clubs. This report clearly states that the private use of public port requires public concession and, therefore, management or operation of and sports Nautical Comunitat facilities should not be configured as a concession of public service management and subject to the public procurement rules.
Consequently, the document states that the Administration is not required to convene contest where the applicant is a nautical club. Also, when an applicant for a grant is a yacht club, the procedure is provided for in Article 34 et seq 2 / 2014 from 13 June Act without public inquiry or call for competition nor the process of project competition.
The clubs do not want amnesties or temporary extensions, but work with guarantees and with sufficient legal certainty to undertake the necessary reforms and investments in order to offer the best possible service to all users - including athletes, tourists and visitors - of the nautical of the Valencian Community.
The only beneficiary of the alleged amnesty is the Government itself, which avoids taking over the facilities and clubs are allowed to stay while those who earn time to prepare their contests to input private companies.
Against this uncertain outlook and the silence of the Government on the various requests for meetings, clubs are preparing protest actions and defense as the filing of administrative disputes and organizing rallies and demonstrations to demand the administration dialogue rather than imposition .
