In subsequent publications we will elaborate on some of the most relevant issues of the new port law of Catalonia and its practical effects for sports port dealers

On 30 December 2019 the new Law 10 / 2019 of 23 December 2019 of ports and transport in marine and continental waters was published in the Official Journal of the Generalitat of Catalonia.

The Act will enter into force on 30 March 2020, with the exception of the new financial economic regime, which entered into force on 1 January 2020.

The following is a synthesis of the highlights of the new law:

• Seaports shall be identified by category, according to the level and quality of the facilities and services, in a manner similar to that of the hotel establishments. This matter remains to be developed.

• A seven-year moratorium is established for the construction of new ports.

• The Port Administration may require port infrastructure management entities to carry out technical studies on climate change and its effects on port infrastructure, services and operations. In addition, if the studies so show, it may require essential works or actions in this field, with a corresponding economic rebalance, if appropriate.

• In terms of concessional time limits, the following ceilings are set:

o Proprietary grant: 25 years, unless works of particular importance have to be carried out, in which case it may reach up to 50 years.

o Administrative contract for the execution of works and the exploitation of public service: 40 years.
o Administrative contract for the operation of the public service: 25 years.

It also provides for extension mechanisms similar to those in the State legislation (ports of general interest) and in most autonomous legislation.

However, the extension of the extension is limited to only half of the initial grant period. But there is no specific joint limit on the duration of the concession, including the initial period and the extension. This could, in fact, mean that the concessional deadlines could reach up to 75 years (50 years of initial time, plus 25 years of extension), as was already the case in the Canary Islands and was projected in the Andalusian port legislation.

The State has expressed its opposition to the possibility that the time limits for concessions (initial and extended) may be those set out in State legislation (50 years, in general). This issue has already been addressed in previous publications (e.g. here, here or here).

• The transfer and use of the assets of the concession (mooring points and commercial premises), always in accordance with the operating and police regulations, is regulated in detail.

• The use of mooring for the nautical charter shall be similar to that of any sports vessel. The master and the lessor shall be responsible for solidarity. The activity is subject to communication to the Harbour Administration.

• Measures are laid down for the promotion of popular nautical activity (up to 7 metres long and low emissions), with tax subsidies and the guarantee of a minimum number of such moorings.

• The concept of the unification of concessions and administrative contracts (which already existed in State port and other autonomous port laws) is introduced. The time limit for the unified concession or contract shall be the arithmetic average of the outstanding time limits for each unified concession or contract, weighted, at the discretion of the port administration, by the area, the turnover and investment volume to be amortized, with the corresponding update.

• The holders of administrative authorisations, concessions or contracts may enjoy a specific and privileged procedure for the award of a new service contract allowing them to continue to operate the facility at the end of their period of validity.

• The existing authorisations and concessions maintain the conditions laid down in the award certificate, including the time limit. However, the system of extensions shall be that established by the new law. With regard to the tax system, the holders must, within six months, choose to maintain the system applicable to them or to bring it into line with the provisions of the new law.

Guillermo Jiménez Ruiz, Director Legal Area of Sáez Lawyers