Decree Law 3/2022, of 11 February, on urgent measures for the sustainability and circularity of Tourism, modifies Law 8/2012 of Tourism of the Balearic Islands, introducing a new title (Title V), introducing the circularity strategy. The circularity strategy consists of a number of sustainability measures that are introduced in the form of new mandatory requirements for hotels with a view to the year 2030.
In order to comply with this strategy, the regulation establishes the mandatory adoption of determined measures, one of which is to prepare circularity plans, that will be required of tourist accommodation belonging to the groups of hotel accommodation (hotels, city hotels, appartment hotels and inland tourism accommodation), appartments and rural tourism accommodation (rural hotels and agrotourism). These establishments must have these measures in place according to the timetable set out in the tenth transitional provision, which foresees the following deadlines for the preparation of the first circularity plan:
- For tourist accommodation with minimum categories of four stars or four keys: 1 May 2023.
- For other tourist accommodation categories: 1 January 2024.
Circularity plans should foresee actions that directly affect the areas identified as priorities: water, energy, food, materials and residues, although other additional priority areas may also be included, based on the commitment and strategy defined by the company.
The circular plan will have two stages: the circular planning stage ( where the necessary actions for the implementation of the circularity plan are defined), and the circular evaluation stage (where circular process is evaluated and the lines of action are reviewed).
Annual evaluation of circularity plans has to be carried out on a yearly basis.
The circularity plans must be recorded in a document in paper or electronic format, which must be available to the tourism administration inspectors and to the legal representatives of the workers. Consequently, they will be submitted to inspection, and if the mandatory annual evaluations are not carried out, or if the obligation to have a circularity plan is not complied with, it will be considered a serious breach, and could be penalised by a fine of up to 40,000 euros.
The package of measures established in Decree-Law 3/2022 will require a significant investment for hotel companies, who are now obliged to comply with these new requirements within specific deadlines, with a fine being imposed in each case in the event of non-compliance.
Therefore, considering the current situation after the coronavirus crisis, and with the focus on the summer season 2022, it is necessary to adopt support measures through European Recovery Budget to face the investment required by the new measures and circularity plans for hotel establishments.
Camila Ortiz
cortiz@monlexabogados.es
