The Constitutional Tribunal removes the suspension to the ecotax
The
Govern de les Illes Balears calculates
that they will collect over 60 million euros by applying the
Impuesto
sobre las estancias en empresas turísticas de alojamiento, known
popularly as the ecotax, that is charged on overnight stays by people in
tourist establishments with a daily amount that oscillates between 0.25
and 2 Euros, depending on the type and category of the establishment.
The new tax, aimed at raising funds to improve tourist activity and
the preservation of the environment, was approved by the
Balearic
Parliament last April 10, 2001 with the favourable votes of all the
parties who comprise the
Progress
Pact and the vote against by the parliamentary group
Partido
Popular. Last September 2001 the
Tribunal
Constitucional accepted the appeal by the
Central
Sate Government against the ecotax and suspended its application, but
last Thursday, January 17, 2002
they
announced the sentence that, awaiting the definite sentence, raises
the suspension that impeded the application of the tax. The Balearic Government
has declared that they are prepared to apply the ecotax as from March 2002.
The Constitutional Tribunal legally bases
its
decision stating that the arguments by the State Prosecutor in the
appeal of nonconstitutionality presented by the Central Government is not
convincing as it does not demonstrate that the application of the tax contributes
to the decrease in tourist activity in the Balearics causing a reduction
in the collection of VAT and fiscal business tax. Neither did the
CT observe that the application of the tax could cause, as the State Prosecutor
stated, damage to the owners of the tourist firms but rather to the individual
tourists considered. According to the CT the indeterminate number of affected
people alleged by the State Prosecutor can not become an automatic criteria
to waive the removal of the suspension, in so much that this indetermination
does not impede, if finally the norm is declared unconstitutional, a future
return of the tax unlawfully collected. Finally the CT bases its
decision stating that in the deliberation on the interests in conflict,
the autonomous interests must prevail, since their aim is the environment
and cultural protection, over the private interest of the public against
this new tax.
According to today's
Diario
de Mallorca, the
Federación Hotelera
de Mallorca has decided to present an appeal before the Superior Tribunal
of Justice of the Balearics against the
Reglamento
de la ecotasa, the norm that must now be approved to apply the tax.
Moreover, the hoteliers have announced that their members will present
appeals against the charges of the new tax, which could represent a blockage
of the funds from the ecotax until the next parliamentary legislature.
Today's
Diario de Ibiza, also
informs on the unfavourable reaction of the Federación Hotelera
de Eivissa y Formentera to the application of the tax and announces that
the hoteliers will meet next Monday January 21, to analyse the situation
and to prepare their attendance at the meeting next Wednesday, January
23 in Palma organised by the Confederation of Business Associations of
the Balearics (
CAEB).
Meanwhile, according to today's
Diari
de Balears, the Association of German Travel Agents
DRV
has sent a letter to the Balearic President, Francesc Antich, protesting
against the application of the tax, and
Ultima
Hora adds that the Association of British Travel Agents
ABTA
and the International Federation of Touroperators (IFTO) have also stated
their protest for the application of the tax. At the same time, today's
Ultima
Hora Menorca points out in the front page that the president of the
Consell de Menorca, Joana Barceló,
requests prudence from the Balearic Government before they apply the ecotax
and thinks that they should await the results of the International Tourist
Fair in Madrid (
FITUR) before
taking a decision on when to apply the tax.
The
Cámara de Comercio
de Mallorca, Eivissa y Formentera has also asked the Balearic Government
not to apply the ecotax in view of the uncertainty about hotel occupancy
in the coming tourist season and the hoteliers of
Zontur
insist that the tax is anticonstitutional. The group
Aviba,
that groups the travel agents, and the Tourist Promotion of Mallorca have
once more stated their protest against the application of the ecotax. Finally,
the
GOB, like other ecological
organisations, have expressed their satisfaction with the Constitutional
Tribunal's decision and think that it is a good moment to apply the ecotax
since 2001 was a record year in relation to tourist income.
To get an idea of what the approximate amount of 60 million euros that
the Balearic Government expects to collect means, it is equivalent to 5.6
% of the
Budget
for 2002 for the Balearics that amounts to 1069,80 million euros. It
is also equivalent to 45.7% of the
2002
Budget of the Mallorcan Council, that comes to 131,08 million euros,
or that it is the same as 24,5 % of the investments that the
2002
Budget of the Central Government destined to the Balearics, that amounts
to 244,35 million euros.
DEBATE:
Should
the ecotax be applied?
UPDATE (21/01/2002)
According to today's editions of the Balearic press, yesterday, Sunday,
the Minister of Environment of the Central Government, Jaume Matas, and
the president of the Mallorcan Council, Maria Antònia Munar, visited
Raixa, the property
bought
recently by the administrations that both politicians represent. During
the visit, Jaume Matas once again stated his protest for the application
of the ecotax stating that the tax will damage the Balearics. In her turn,
Maria Antònia Munar, in the same line as that expressed by Joana
Barceló, president of the Menorcan Council, asked for reflection
before fixing the ideal moment to apply the tax.
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