Beach concessions: here is the standard call for tenders setting out the rules for tenders to be held by September 2027
The MIT document contains details on compensation for outgoing concessionaires, the duration of concessions (up to 20 years) and licence fee amounts
Key points
A guide to completing the tenders for beach concessions, one of the most controversial issues in relations with the EU that has been dragging on for years. This is the document drawn up by the Ministry of Infrastructure and Transport, which will be used by local authorities and regions to organise the tenders at least six months before the expiry of the concession licences and, in any case, by 30 September 2027 (a date also reaffirmed by a recent ruling of the Council of State). These procedures must be initiated by 30 June, as noted in the latest draft of the text, which will be submitted to the Joint State-Regions Conference for final approval following a consultation process involving the sector’s trade associations.
The ‘instructions’
Guidelines containing instructions on every aspect of the tendering procedure for tourist establishments, catering businesses and equipped public beaches: limits on the award of lots, eligibility requirements, compensation for outgoing concessionaires, rules on succession, duration of concessions, and the value of the concession fee. Let’s look at them in detail.
The new plot map
In determining the lots to be awarded under concession, the draft text states that ‘the granting authority is not bound by the extent of existing concessions’ and may combine ‘several existing concessions into a single lot’, provided that the new concessionaire is in any event required to pay compensation to all outgoing concessionaires of the combined state-owned areas.
Participation restrictions
The tender notice must stipulate that economic operators may participate in the tender either individually or as a consortium; however, bids may be submitted for a maximum number of lots for each category (beach establishments, catering businesses, etc.)
The amount of compensation
This is one of the most controversial points. The compensation payable to the concessionaire by the successor concessionaire – as specified in the standard tender notice – must be ‘equal to the value of the investments made and not yet depreciated at the end of the concession’, which must include ‘investments made as a result of natural disasters duly declared by the competent authorities or as a result of subsequent legal obligations, net of any public aid or subsidies that may have been received and not repaid’. The incoming concessionaire is also responsible for paying the amount necessary to ensure that the outgoing concessionaire has obtained a reasonable return on the investments made during the last five years of operation.
