Monday, July 4

The Port of València recognizes that the rescue of a Boluda concession linked to the controversial expansion may harm public interests

“Proposal to initiate injurious proceedings against the resolutions of the Board of Directors of the Port Authority of Valencia on the rescue of concessions owned by Unión Naval de Valencia SA in the Port of Valencia”.

So reads point 19 of the agenda of the meeting of the board of directors of the Port Authority of Valencia (APV) that is scheduled for next Tuesday, June 29.

The matter is related to the investigation of the Court of Accounts advanced by by which it is investigated if the PAV committed any irregularity in the rescue of the concession of the Union Naval Valencia shipyards in exchange for another concession in some 4,700 land square meters in favor of Boluda Corporación Marítima to build a 13-storey office building. A cause for which the Prosecutor of the aforementioned Court appreciated possible accounting responsibility.

The declaration of injury, or declaration of injury, that the president of the PAV, Aurelio Martínez, will submit for approval, is an administrative act by which an administrative entity considers an act previously dictated by itself to be harmful to public or general interests, in order to be able to request its annulment in court.

It is the prerequisite for the challenge of the entity before the contentious-administrative jurisdiction and its declaration of voidability. The acts emanating from the Public Administration may be considered by the Administration itself harmful to the public interest, which is why it must amend its own action.

According to the order of the Court of Accounts revealed on March 13 by this newspaper, “the Public Prosecutor, by letter of February 25, 2021, stated that the reported irregularity could constitute accounting responsibility and that it should be clarified in phase of preliminary actions “. In addition, there was an interest in “the referral of the proceedings to the Prosecution Section, so that the appointment of the Investigating Delegate could be proposed to the Government Commission.”

The case is being investigated after the complaint filed by the associations Acció Ecologista-Agró, Associació de Veïns and Veïnes de Natzaret, Ecologistes en Acció València and Associació Per L’Horta. The order considers that the rescue of the concession of a Vicente Boluda company in exchange for another concession for another company of the same businessman, who is president of the Valencian Association of Entrepreneurs (AVE), “could constitute a concrete impairment in public funds liable to give rise to the existence of accounting responsibility by scope, in the terms coined in article 72 of the LFTCu “.

The rescue operation for this concession comes as a consequence of the modifications introduced in the preliminary draft of the controversial north expansion of the Port of València.

Among those changes approved by the board of directors of the PAV chaired by Martínez is the transfer of the cruise terminal from its current location in the sheltered docks to the land of the former shipyards of Unión Naval de Valencia SA, indirectly owned by the one hundred percent of the shares is owned by Boluda Corporación Marítima (BCM) SL

Among other issues, the complainants consider that the file approving the rescue of the old concessions of Unión Naval de Valencia SA (June 22, 2018) has been conceived ‘ad hoc’ to favor Boluda Corporación Marítima SL without cause some justification and that the concessions were subject to a declaration of expiration and a redemption without any type of cost or consideration.

On the other hand, the PAV’s board of directors approved on December 14, 2018 the rescue of the concessions, which it values ​​at 2.9 million euros for the facilities and 1.02 million for the current office building, while the new The concession granted for a period of 35 years in compensation is valued at 1.8 million, based on the updated net flow presented by Boluda Corporación Marítima SL