he Formentera Council (Consell de Formentera) has addressed the ongoing controversy surrounding the use of the jetty at the Centre d’Esports Nàutics de Formentera (CENF) in s’Estany des Peix, stressing that the facility has specific, regulated uses and is not intended to serve as a commercial boarding and disembarkation point for yacht charter companies.
The Council bases its position on the CENF Rules of Use and Operation, which it detailed in a press statement. Under Article 3, the jetty is defined as an area intended for the berthing and mooring of boats belonging to the Formentera Municipal Sailing School. Article 5 states that the centre’s facilities and associated services may only be used by authorised users, although other uses may be permitted under certain conditions.
Article 6 establishes that the CENF is intended for sports, leisure, education, training and competition, among other purposes. Other compatible activities, including those linked to active tourism, require prior express authorisation from the Formentera Council.
The regulations also establish specific restrictions. Article 11 prohibits activities that could endanger users, interfere with organised activities or involve a use different from the one authorised. Article 15 allows the Council to reject activities that are incompatible with the centre’s sporting functions, while Article 16 requires users to comply with both the facility’s specific regulations and current legislation.
“The regulations are clear: the jetty has a specific purpose. It is not a maritime terminal or a commercial point where charter companies can board and disembark their customers,” said Hugo Martínez, spokesperson for the governing team and Councillor for Sports, in the statement.
The Council is also working to ensure that the channel is reserved for non-motorised boats. According to the institution, this restriction follows recommendations from the Maritime Harbour Master’s Office and is intended to improve safety and prevent interference with sporting activities at the CENF.
A dispute that has been ongoing since July
The Council’s position comes after several weeks of controversy with the Associació d’Usuaris Professionals de s’Estany des Peix (Aupep). In mid-July, the association formally asked the institution to provide the legal basis for restricting access to the channel. Charter professionals argue that they use the access route to take customers to boats located outside the lagoon and requested details of the legal titles, plans and reports supporting the restrictions.
The issue was also raised at the Formentera Council’s July plenary session, which unanimously approved a proposal to reserve the jetty for activities run by the Municipal Sailing School and introduce measures preventing privately owned motorboats linked to commercial activities from using it to board and disembark customers.
Charter operators have nevertheless maintained that they are entitled to use both the channel and the jetty. The Council’s response is that access to a public area does not automatically grant the right to use a regulated public facility for commercial purposes.
Martínez reiterates that “there is no automatic right to use public infrastructure to carry out a business activity”, adding that repeated use of the facility does not create a right over that infrastructure.
Finally, the Formentera Council stresses that the CENF’s regulations are separate from the new s’Estany des Peix regulations, which are currently being processed. The nautical centre has its own rules governing the use and operation of its facilities.
