1.2 Functions and legal form (I_01)
The Huelva Port Authority is one of the twenty-eight port authorities under the Ministry of Transport, Mobility and Urban Agenda, through the Public Body “Puertos del Estado”, which manages the Spanish Port System, made up of forty-six ports of general interest.
In accordance with Royal Legislative Decree 2/2011, of 5 September, approving the Consolidated Text of the Law on State Ports and the Merchant Navy, the Huelva Port Authority is a body with its own legal personality and assets, as well as full capacity to act, and is governed by the specific legislation on ports of general interest, by the provisions of the General Budgetary Law that are applicable to it and, supplementarily, by Law 6/1997, of 14 April, on the Organisation and Functioning of the General State Administration (a regulation that has been repealed with the entry into force of Law 40/2015, of 1 October 2015, on the Legal Regime of the Public Sector, which addresses the comprehensive reform of the organisation and functioning of the Public Administrations).
Framework of competences
The Port Authority carries out the functions assigned to it by the aforementioned Consolidated Text of the Law on State Ports and the Merchant Navy, with the powers established therein, under the general principle of functional and management autonomy, without prejudice to the powers attributed to the Ministry of Transport, Mobility and the Urban Agenda through State Ports and those corresponding to the Autonomous Community. Article 25 of the aforementioned legal text establishes that the following competences correspond to the Port Authorities:
a) The provision of general services, as well as the management and control of port services to ensure that they are carried out under optimum conditions of efficiency, economy, productivity and safety, without prejudice to the competence of other bodies.
b) The development of the port service area and port uses, in coordination with the competent Administrations in matters of territorial and town planning.
c) The planning, design, construction, conservation and operation of the works and services of the port, and that of the maritime signals entrusted to them, subject to the provisions of this law.
d) The management of the port public domain and maritime signals assigned to them.
e) The optimisation of economic management and the profitability of the assets and resources assigned to them.
f) The promotion of industrial and commercial activities related to maritime or port traffic.
g) Coordination of the operations of the different modes of transport in the port area.
h) The organisation and coordination of port traffic, both maritime and land.
The Port Authority of Huelva is an organization with its own legal personality and assets, as well as with full capacity to act.
Public domain management scheme
With regard to the management model of the assigned public domain, in accordance with the Consolidated Text approved by the aforementioned Royal Legislative Decree 2/2011, of 5 September, to guarantee the general interest, said management is aimed at promoting and increasing the participation of private initiative in the financing, construction and operation of port facilities and in the provision of services, through the granting of the corresponding authorisations and concessions, both for public works and for public property, in accordance with the provisions of the aforementioned law (article 66).
The Port Authority is responsible for the provision and management of basic port spaces and infrastructures, promoting both the economic activity of the port and the provision of services by private initiative, following a model of management of the infrastructures and the port public domain with criteria of profitability and efficiency (article 66).
Funding mechanisms
According to the aforementioned Consolidated Text of the Law on State Ports and the Merchant Navy, the economic regime of the Port Authority is guided by the principle of economic self-sufficiency, within a framework of economic-financial management autonomy, with specific annual profitability objectives (article 27)
Of the economic resources established by said Law for the Port Authorities, we should point out that, in the case of the Huelva Port Authority, there have not been and are not expected to be any arising from credits, loans and other financial operations, nor those originating from donations, legacies and other contributions from private individuals and entities.
