Functions and legal setup

Pursuant to Legislative Royal Decree 2/2011, of 5 September, approving the Consolidated Text of the State Ports and Merchant Navy Act, Huelva Port Authority is an entity with its own legal status and assets and is fully empowered to act. It is governed by the specific legislation regarding general interest ports, by the applicable provisions of the General Budgetary Act and, additionally, by the Organisation and Operation of the General State Administration Act 6/1997, of 14 April, (legislation which was rescinded when the Legal System of the Public Sector Act 40/2015, of 1 October, came into force. It comprehensively reformed the organisation and operation of the Administrations and came into force on 2 October 2016).

Framework of competences

The Port Authority performs the functions assigned by the Consolidated Text of the State Ports and Merchant Navy Act, with the powers established therein, under the general principle of management and functional autonomy, without prejudice to the powers held by the Ministry of Transport, Mobility and Urban Agenda through the Puertos del Estado and those held by the Autonomous Region. Article 25 of the aforementioned legal text establishes that the Port Authorities are empowered to:

• Provide general services, along with the management and control of the port services so that they are implemented in optimum conditions of efficiency, economy, productivity and safety, without prejudice to the powers of other bodies.
• Manage the service area of the port and of the port uses, in coordination with the relevant Authorities regarding land use and town planning.
• Plan, design, construct, maintain and exploit the works and services of the port, and of the maritime signals in their domain, subject to the Act.
• Manage the port public domain and the assigned maritime signals.
• Optimise the economic management and capitalise on its assets and resources.
• Promote the commercial and industrial activities related to port or maritime traffic.
• Coordinate the operations of the different means of transport in the port area.
• Manage and coordinate terrestrial and maritime port traffic.

Public domain management scheme

As regards the public domain management model, pursuant to the Consolidated Text approved by the aforementioned Legislative Royal Decree 2/2011, of 5 September, that management is aimed at guaranteeing the general interest, by fostering and increasing the stake of private initiatives in the financing, construction and operating of the port facilities and in the provision of services, by means of granting the relevant permits and concessions, both in respect to public land and public works, in accordance to what is envisaged in the aforementioned legislation (Article 66).

The Port Authority is tasked with providing and managing the basic port areas and infrastructures, promoting both the economic activity of the port and the provision of services entrusted to the private sector, following a management model for the port public domain and infrastructures pursuant to efficiency and profitability criteria (Article 66).

Financing mechanisms

According to the aforementioned Consolidated Text of the State Ports and Merchant Navy Act, the economic regime of the Port Authority is guided by the principle of economic self-sufficiency with specific annual profitability targets in a framework of financial-economic management autonomy (Article 27).

Regarding the legally-established economic resources for Port Authorities, it should be noted that in the case of the Huelva Port Authority, they have not, nor are expected to, come from credits, loans and other financial operations, or from donations, bequests and other contributions from private individuals and entities.