International Journal of Tourism, Travel and Hospitality Law Article 88, modified by Law 3/2022, of 15 June, for when the imposed temporary suspension ends, makes the efficacy of the responsible declaration of the start of tourist activity conditional on providing at least the same number of bed places that are going to be commercialised, and apply according to its availability, obtained from the bed places’ stocks regulated by management bodies or tourist administrations. They can also be obtained from other tourist accommodations or dwellings that are commercialised for tourism if they are permanently deregistered and had acquired the bed places, at the time, in an onerous and indefinite way. In this last case, twice as many bed places as the ones that are going to be commercialised and registered will have to be provided, except for those established in article 78, for which the same amount will have to be provided. Moreover, bed places to expand or open new tourist accommodations will come from other tourist accommodations, not from dwellings subject to tourist commercialisation, or vice versa. In the case of Menorca, the second additional provision cancels the start of new tourist activities of accommodation establishments19 and the expansion of bed places of those currently operational. The Plan of Intervention in Tourist Areas (PIAT) or the Insular Territorial Plan (PTI) will assess or reassess the load capacity of each island and with this result the total number of tourist bed places that can be commercialised in Menorca will be determined. For this reason, stocks will be created for the bed places that can be object of authorisation according to the limit of bed places that can be commercialised. This cancellation, as in the case of Mallorca, will last until the assessment or reassessment of the load capacity of the island is done or until a maximum of four years since the publication of this law. As it is the case in the other islands, there are exceptions. This suspension won’t affect tourist activity in areas of territorial reconversion of tourist areas, delimited in Menorca’s PTI; when there are construction sites destined to the start of activity or expansion in the case of tourist accommodation; when there are licenses being processed; when the urbanistic license in edification has been obtained in the previous six months to the law becoming effective and, in the case of rural tourism, when the process of declaration of general interest of the activity has begun. V.- CLASSIFICATION OF ACCOMMODATION ESTABLISHMENTS. The decree law published in February already delegalised the classification of accommodation establishments, allowing the government to modify them by decree, and so does the law in its second additional provision. It modifies Decree 20/2015, of 17 April, of general principles and guidelines of coordination in tourist matter; of regulation of advisory bodies, of coordination and cooperation of the Government of the Balearic Islands, and of regulation and classification of tourist companies and establishments, dictated in development of Law 8/2012, of 19 July, on Tourism in the Balearic Islands. Annexes 1 and 2 of the law establish the criteria of the categories of keys and stars, adjusting them to the new obligations foreseen in the law. This final provision also modifies article 100 of the cited decree and establishes the possibility of specific plans of inspection regarding the category of the establishments. 19 Including tourist apartments, rural tourism accommodation establishments, hostels, shelters, and inns. It also includes residential dwellings of tourist commercialisation or vacation tourist dwellings.
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