TOURISM, SUSTAINABILITY AND CIRCULARITY IN LAW 3/2022 With the first two additional provisions – the first one for Mallorca, Ibiza, and Formentera; the second one for the island of Menorca – the possibility of acquiring tourist bed places is temporarily suspended. The aim of this measure, according to the law, is stablishing a period during which the administrations can assess the load capacity in every island, so that later on they can determine how many bed places can be commercialised for tourism. This measure has been very talked about. The fifth additional provision contains a command for the ministry (Balearic Islands) competent in tourism so that it lays out the already mentioned strategic plan of circular destination that contains the general policy and the goals of the Government of the Balearic Islands to achieve the transition to circular economy. The sixth additional provision foresees the creation of the business public entity School of Hospitality the Balearic Islands. On the other hand, the Public Health Agency of the Balearic Islands is also created, with the sixth final provision. Furthermore, the annexes with the modification of the classification of hotel establishments, both of stars and of keys, are attached. This modification is needed, considering all the obligations included in the new rule that must be reflected in the classification of the accommodation establishments8. When reading the explanatory preamble, the constant worry of the legislator about legal security stands out. It is a very reiterated sentence: “because of legal security criteria” it is considered necessary to change, for instance, the article 23.4 of Law 8/2012, in relation with inaccuracy, falseness or omission in the documents presented in a declaration of responsibility, amongst others; the modification of the concept of full board; the creation of the role of tourist hostels, different from youth hostels (also to “grant more legal security”). In the text are stressed both the extraordinary and urgent necessity, and the reasons of legal security, repeatedly. 8 The explanatory preamble affirms that this modification is considered “of an extraordinary and urgent necessity to adjust criteria of classification to the general goals of the law, give more objectivity and certainty, eliminate legal insecurity and, in general, grant more competitivity to the tourist industry of our islands”.
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