The municipal plenary of Tarragona will approve this Friday a fine of 140,000 euros to FCC for the container crisis registered in November during the change of the cleaning service to Urbaser. The sanction comes after reviewing the file opened by the consistory following the overflow of facilities and the services that were left unprovided.
The final figure remains far below the city council's initial proposal. The council maintains that there were breaches, but has reduced the sanction it first set at 335,000 euros by 60% after partially upholding the company's claims.
The city council reduced the fine from 270,000 to 75,000 euros for November
The initial proposal divided the fine into two blocks. On one hand, 65,000 euros for 282 services not provided in October. On the other, 270,000 euros for the overflow of facilities between November 1 and 4, on the days when the Tot Sants holiday and the change of concessionaire coincided.
The review of the file has not affected the first block and maintains the 65,000 euros for 282 services not provided in October. The cut is concentrated in the part linked to the November container crisis, which goes from 270,000 to 75,000 euros.
The plenary will vote this Friday on a fine of 140,000 euros.
The origin of the discrepancy between both parties was in the conditions set for the transition of the service. The city council demanded that the 120 vehicles in the fleet had passed the ITV and the corresponding inspections before November 4, the date of the handover between FCC and Urbaser.
FCC attributed non-compliance to municipal instructions during the reversal
In its arguments, the company maintained that the municipal reports were null due to the prior conflict of the drafting technician who signed them. It also argued that the services not provided were not due to its own breaches, but to requirements and instructions from the city council linked to the reversion process.
"The services not provided were due to municipal requirements and instructions linked to the reversal process" - FCC, in its allegations to the sanction
The sanctioned crisis was concentrated between November 1 and 4.
That episode coincided with one of the most sensitive moments of the change of concessionaire, when Tarragona was leaving behind the management of FCC and activating the handover to Urbaser. The resolution that will reach the plenary session accepts only part of the company's arguments and dismisses the total annulment it requested in its writing.
FCC will file an appeal in the courts to request the complete annulment of the 140,000 euro fine.