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News from the canal front at Santa Margarita- Activity report of the APUCSM!!
As announced by the Authorities of the coast in Girona- the local representative for the responsible Ministerium in Madrid- almost all of the first objections filed against the demarcation of the public areas according to the spanish „ Ley de Costas“ in Empuriarava, have been rejected. The responsible general secretary Martin Fragueiro declared, according to an information of the Diario de Girona from the 30.10.09 that the application of the Ley de Costas for Empuriabrava is clear. Remarkable is that Santa Margarita in this regard is not mentioned. Nobody in Santa Margarita has received an answer to the objections, despite that the process of demarcations has started here earlier as in Empuriabrava. Has this something to do that here- as in the last from the APUCSM initiated objections documented- the legal situation is different and harder to beat by the costal authorities ? Let`s hope it is so!!!! Based on the pending proceedings the APUCSM – the Associacion of owners on the canals has restrained itself with public statements ( which does´nt mean we were inactive).
Surprised were the board of the APUCSM- who more or less meet regularly for consultations- by an anouncement from the townhall at Castello d`Empuries ( SETAC) and on the 27.10.09 in the magazin „EMPORDA“ there was stated that the mayors of Castello,Roses and Sant Pere Pescador have joined to form a front against Madrid together with Associacions of owners in Empuria Brava and Santa Margarita ( implied is the participation of APE and for Santa Margarita the APUCSM )
Here a clear statement: The APUCSM has not been asked by the mayor of Roses whether we would like to be represented by her, nor have we asked her to represent us!!!
The president of the APUCSM and the Asociacion Vecinos of Santa Margarita Sr. Frederico Macau gave a statement on the 31.10.09 to www.Roses Digital-com to the above, headed El perro del hortelano vive en Rosas- Wherein he compares the townhall of Roses with the ( in Spanish) proverbial “dog of the gardener, „who does`nt eat but will not allow eating at all“, meaning the Townhall prevents any possible solutions for itself , the owners and the canals. He points to the fact that the Townhall has prevented the original planned and legaly decreed administration and upkeep of the canals by the owners and the promoter. Instead the townhall has created a new problem for the owners by talking to their friends in the Catalan Goverment to convert Santa Margarita into a port area. Through this action the owners have now to cope with the costly plans and regulations of the Generalitat, thereby trying to reape a rich income from the canals and the properties. Despite the fact that the townhall did not count on the central goverment to interfere with the demarcations it toke the opportunity to talk to their friends in the central government to gain support for their plans and projects. By their action the townhall created a third problem. However they forgot that if the central state converts river areas into sea areas neither the Generalitat nor the city of Rosas is responsible! Therefore they cannot carry out projects nor can they appoint a commercially gestion to administrate the canals as the Generalitat and the city of Rosas are planning. Mr. Macau declares that the APUCSM looks with sorrow and concern how the city of Rosas prevents necessary and possible solutions for the owners, instead it creates more and more problems. This in the meantime is confirmed by an announcement on the 3.11.09 in the „EMPORDA“ that the Generalitat will clean the canals and to regulate the situation before the Gestio and the city takes over the responsibility for the canals. This can only mean that the Generalitat will implement the plans it has already announced. Further on is was announced that the city talks to interested citizen to find a concessionary that will administrate the canals. An agreement with the owners of berthes will be created to find a way to use the canals. Further on it is said a concessionary has been found. Apperently, facts are here created in spite of not knowing whether the spanish state has transfered the responsibility to the Generalitat in Barcelona. All we can say the APUCSM, the Associacion that represents a large part of the owners was not consulted. All we can say is that the owers at the canals better prepare for the next fight for the canals and the berthes. The APUCSM will continue to inform and to represent the owners . The APUCSM has consulted a known lawyer, a specialist for the Ley de costas ,to obtain an accessment for the legal situation in Santa Margarita. The accessment was obtained and the board of the Apu has received valuable suggestions for further steps to defend the rights of the owners. Presently the board of the APUCSM is sending letters with invitations to leading and involved politicians in the spanish and european parlament and to high responsible civil servants to have a look themselves at the situation in Santa Margarita. The letters clearly indicate the circumstances and the legal situation in Santa Margarita.
Dr. Wolfram Janzen
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