A legal challenge succeeds in suspending the renovation of the Formentor buoy field

The reform of the Formentor buoy field has been suspended after the Central Administrative Court of Contractual Appeals issued a precautionary halt to the public tender launched by Ports de les Illes Balears to award the management of regulated mooring fields in several areas of the Natura 2000 network. The suspension was agreed upon following an appeal filed by the Association of Navigators (ADN), which argues that the tender violates both the Posidonia seagrass protection decree and basic administrative requirements. The association's president, Lorenzo Pons, emphasizes that the association "is not against buoy fields," but rather against the model that is being proposed. Among the main criticisms, it is highlighted that the terms do not include designated anchorage areas on sand, the safety of vessels in winds exceeding ten knots is not guaranteed, and advance booking is mandatory with no option for on-site payment. Side mooring between vessels, a common practice under certain conditions, is also prohibited. ADN asserts that the appeal stems from the nautical sector's frustration with what they consider mismanagement of the buoy fields. "We're talking about exorbitant prices, treatment that makes us feel like criminals, and the prohibition of anchoring even in sandy areas," states Pons. The association also questions whether the tender complies with the Posidonia seagrass protection decree, which stipulates that buoy fields must be a public service managed by a public entity. According to the boaters, this requirement is not guaranteed under the current tender proposal.

Among the criticisms leveled at the project, the most prominent is the claim that the 82 buoys are insufficient, as they are not expected to meet the actual demand from vessels. This could lead many boats to continue attempting to anchor outside the regulated network, potentially impacting the Posidonia seagrass meadows. This complaint stems from the perception that the buoy field does not cover the entire potential anchorage area and, therefore, does not adequately alleviate direct pressure on the seagrass meadows.

The court has accepted the appeal, based on technical errors in the bidding process: the lots combine construction and buoy management, thus limiting competition; the surveillance lot was tendered jointly for all the Balearic Islands, reducing the number of companies eligible to bid; and incorrect CPV codes, typical of biological studies, were used, despite the contract being for works and services valued at approximately six million euros. The Central Administrative Court of Contractual Appeals, which does not usually address the merits of disputes, must now decide whether to require a new bidding process. If so, the commissioning of the service at the buoy fields, including the one in Formentor, might not be completed this season as planned.