International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW of the Law 8/2012, of 19 July, on Tourism in the Balearic Islands7. Moreover, the law contains seven additional provisions, two transitory provisions, one derogatory clause, and nine final provisions. This way, it regulates various aspects, ranging from the School of Hospitality of the Balearic Islands to the creation of the Public Health Agency, including different economic and budget aspects. Amongst these modifications, a new title stands out, dedicated to measures of circular economy. And we say that it stands out not only because of the attainment of a more sustainable and circular tourism, but also because of the many obligations that it will entail, mostly for accommodation establishments. The ministry (Balearic Islands) with competency in tourism will have to lay out a strategic plan of circular destination. Hotel accommodations, vacation rentals, and rural tourism accommodations will all be affected by this reform, and they will have to create a plan of circularity, as stated in the explanatory preamble of the law: “a document that includes the priorities and lines of action that a company must carry out to integrate guides for planning, consumption, and production, and commitment in its business strategy, its internal processes, and the relationships with the main groups of interest”. This plan will be made up by the assessment and the circular planning. The critical areas that will be stressed are water, energy, food, materials, and residues. Every accommodation company that wishes to be commercialised as a circular business will need a certificate issued by a company duly authorised to do so. One of the aspects to be highlighted is the area of application of these new measures that will have to be adopted, since they can affect not only hotels but also tourist dwellings. Thus, some individuals may need to face serious obligations to adapt holiday homes to what the new law states. The explanatory preamble affirms that dwellings will be able to implement these measures, since they don’t have common structural elements that prevent it. 7 However, this isn’t the only law that is modified. Others that are also affected are: Decree 20/2015, of general principles and guidelines of coordination in tourism, of regulation of advisory bodies, of coordination and cooperation of the Government of the Balearic Islands, of regulation and classification of tourist companies and establishments; Law 2/2020, of 15 October, of urgent and extraordinary measures to boost economic activity and simplify the administration in the area of public administrations of the Balearic Islands to alleviate the effects of the crisis caused by COVID-19; Law 6/2017, of modification of Law 8/2012, related to the commercialisation of tourist accommodation in dwellings; Law 4/2021, of urgent and extraordinary measures to execute actions and projects financed with European funds in the framework of the Recovery, Transfer and Resilience Plan; Law 14/2012, of finances of the CAIB; Law 16/2010, of public health in the Balearic Islands; and Decree Law 1/2020, of 17 January, against tourism of excesses to improve the quality of tourist areas.

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