Welcome   Sponsored By
Subscribe | Register | Advertise | Newsletter | About us | Contact us

Photo courtesy from El Observador

Pioneer ruling in Galicia: extension of concessions on the coast without retroactivity

Click on the flag for more information about Spain SPAIN
Friday, May 20, 2022, 07:00 (GMT + 9)

The decision of the TSXG constitutes a blow to the Ministry of Ecological Transition, which computed them from the granting of the concessions, which resulted in terms of 5 to 15 years. Experts predict a cascade of rulings in favor of the sea-industry sector in the community.
The Superior Court of Justice of Galicia has issued a pioneering ruling that cancels the retroactive calculation of the extensions of the concessions of costs, in addition to modifying the way in which the terms of these extensions must be calculated, responding to the request of a company with several aquaculture plants in Galicia and the regional sea-industry sector thanks to the work of the Cuatrecasas Galicia office.

Photo: Pescanova Group
With the aim of avoiding a massive expiration of the concessions granted in 1988 under the Coastal Law of that same year, which limited them to a maximum of 30 years from its entry into force, for which the expiration was indicated in 2018, in 2013 there was a reform that introduced an exceptional extension of up to 75 years from the request for this extension. Based on the 2014 Coastal Regulation, this maximum limit was set at 50 years in the case of aquaculture.

At first, broad extensions were granted, of 50 and 75 years, from their request; in the case of Ence, it was granted in 2016 until the 1960s of the 21st century. But the interpretation, based on some reports from the State Attorney, changed shortly after; the Ministry for the Ecological Transition and the Demographic Challenge decreed that they be computed retroactively from the time the concession was granted, which led to extension periods that ranged between 5 and 15 years, causing great legal insecurity in the sea-industry sector.

Photo: Stolt Sea Farm Spain

Precisely, in the case of Ence, its territorial director in Galicia, Antonio Casal, presented this Wednesday an investment plan of nearly 400 million euros to improve efficiency and sustainability as long as the plant in Lourizán is maintained, based on the extension granted.
From the extension request
Now, with this unprecedented sentence, the TSXG agrees with a company with several aquaculture plants in Galicia, modifying the way in which these terms are computed. The court understands, as does the plaintiff, that the term must be computed from the date of the request for the extension, not from the date on which the concession was granted.
Ministry for the Ecological Transition and the Demographic Challenge
In addition, the sentence rejects the interpretation according to which a fifth part of the extension was reduced for locating facilities on the "shore of the sea". In this case, the TSXG considers that when only facilities for which the concession is granted are located in that strip, this limitation will not apply.
Therefore, with the previous criterion, a concession granted in 1989 whose extension had been requested in 2019, limited it until 2029; Based on this new interpretation based on the ruling of the TSXG, the term of the extension will begin to count from 2019, so the concession will extend until 2069.
"We understand that it is a very important sentence for the entire sector, which may be invoked by the many industries located on the coastal strip and that have seen their continuity threatened by the Ministry's criteria," says Cuatrecasas lawyer Isabel Bárbara.
"Many companies will be able to benefit from this sentence. It is something that had not yet been prosecuted, but we understand that a cascade of claims can now be expected in the sector," adds Bárbara.

Author / Source: Mauro Picatoste, Andrea Perez-Bouzada / El Español (article available only in spanish)



Click to know how to advertise in FIS
Jul 6, 07:00 (GMT + 9):
Without a new environmental impact report there is no offshore exploration
Russian Federation
Jul 6, 07:00 (GMT + 9):
Salmon imports fell 6 times and attempts are being made to support local production
Jul 6, 07:00 (GMT + 9):
12 million fish and crab fry were put into Taiping Bay
Viet Nam
Jul 6, 07:00 (GMT + 9):
Vasep held the 2022 General conference
Jul 6, 03:00 (GMT + 9):
Salmon Evolution: Q2 2022 Operational update
Jul 6, 01:10 (GMT + 9):
INIDEP has found shrimp in the north
United States
Jul 6, 00:50 (GMT + 9):
Catches and prices │ Black cod / sablefish │ WOC │ 2020-21-22
United States
Jul 6, 00:50 (GMT + 9):
Weekly catches │ GOA/BSAI | Black cod / sablefish | 2021-22
United States
Jul 6, 00:40 (GMT + 9):
Catches DAP NMFS at BSAI │ Pacific cod │ Longline and pot | week 24
United States
Jul 6, 00:40 (GMT + 9):
DAP at BSAI-GOA | Atka Mackerel, Dusky Sole, Yellowfin Sole and Pacific Cod | week 24
European Union
Jul 6, 00:30 (GMT + 9):
Statistics │ Imports │ Pollock Fillets and surimi: USA, Vietnam, India, China, Russia │ 2021-22
United States
Jul 6, 00:30 (GMT + 9):
Total catch BSAI-GOA │ POP │week 24
Jul 6, 00:10 (GMT + 9):
Statistics│Export│Crabs: live-frozen │ by destination │ May 2021-22
Jul 6, 00:00 (GMT + 9):
Other Media | EuropaAzul: The moratorium on cod that was going to last 2 years now lasts 30
Jul 6, 00:00 (GMT + 9):
Other Media | Industrias Pesqueras: The octopus extractive campaign begins in Galicia

La Pampilla, crime and punishment
Peru In our always convulsed country, the issue of the oil spill produced by the La Pampilla Refinery of the Repsol Group, on January 15, was forgotten news, until a revelation shook us reminding us that a...
57% increase in imports of frozen cooked mussels (half shell)
South Korea As of May 2022, a total of 538,472 tons of imported seafood was imported, with 293 tons, or 0.05%, being frozen boiled mussels (half shell). The import volume of frozen cooked mussels (half shell) ...
New measures against IUU fishing and forced labour proposed
United States NOAA has proposed new measures aimed at illegal, unreported, and unregulated (IUU) fishing. These changes address two key tools, the US Moratorium Protection Act and the international Port States Meas...
Argentina will become a major food exporter to the BRICS countries
Argentina Argentina can become a reliable and one of the largest food exporters to the BRICS countries (Brazil, Russia, India, China and South Africa).   This is reported by TASS with reference to expert...

Maruha Nichiro Corporation
Nichirei Corporation - Headquarters
Pesquera El Golfo S.A.
Ventisqueros - Productos del Mar Ventisqueros S.A
Wärtsilä Corporation - Wartsila Group Headquarters
ITOCHU Corporation - Headquarters
BAADER - Nordischer Maschinenbau Rud. Baader GmbH+Co.KG (Head Office)
Inmarsat plc - Global Headquarters
Marks & Spencer
Tesco PLC (Supermarket) - Headquarters
Sea Harvest Corporation (PTY) Ltd. - Group Headquarters
I&J - Irvin & Johnson Holding Company (Pty) Ltd.
AquaChile S.A. - Group Headquarters
Pesquera San Jose S.A.
Nutreco N.V. - Head Office
CNFC China National Fisheries Corporation - Group Headquarters
W. van der Zwan & Zn. B.V.
SMMI - Sunderland Marine Mutual Insurance Co., Ltd. - Headquarters
Icicle Seafoods, Inc
Starkist Seafood Co. - Headquearters
Trident Seafoods Corp.
American Seafoods Group LLC - Head Office
Marel - Group Headquarters
SalMar ASA - Group Headquarters
Sajo Industries Co., Ltd
Hansung Enterprise Co.,Ltd.
BIM - Irish Sea Fisheries Board (An Bord Iascaigh Mhara)
CEFAS - Centre for Environment, Fisheries & Aquaculture Science
COPEINCA ASA - Corporacion Pesquera Inca S.A.C.
Chun Cheng Fishery Enterprise Pte Ltd.
VASEP - Vietnam Association of Seafood Exporters & Producers
Gomes da Costa
Furuno Electric Co., Ltd. (Headquarters)
NISSUI - Nippon Suisan Kaisha, Ltd. - Group Headquarters
FAO - Food and Agriculture Organization - Fisheries and Aquaculture Department (Headquarter)
Hagoromo Foods Co., Ltd.
Koden Electronics Co., Ltd. (Headquarters)
A.P. Møller - Maersk A/S - Headquarters
BVQI - Bureau Veritas Quality International (Head Office)
UPS - United Parcel Service, Inc. - Headquarters
Brim ehf (formerly HB Grandi Ltd) - Headquarters
Hamburg Süd Group - (Headquearters)
Armadora Pereira S.A. - Grupo Pereira Headquarters
Costa Meeresspezialitäten GmbH & Co. KG
NOAA - National Oceanic and Atmospheric Administration (Headquarters)
Mowi ASA (formerly Marine Harvest ASA) - Headquarters
Marubeni Europe Plc -UK-
Findus Ltd
Icom Inc. (Headquarter)
WWF Centroamerica
Oceana Group Limited
The David and Lucile Packard Foundation
Ajinomoto Co., Inc. - Headquarters
Friosur S.A. - Headquarters
Cargill, Incorporated - Global Headquarters
Benihana Inc.
Leardini Pescados Ltda
CJ Corporation  - Group Headquarters
Greenpeace International - The Netherlands | Headquarters
David Suzuki Foundation
Fisheries and Oceans Canada -Communications Branch-
Mitsui & Co.,Ltd - Headquarters
NOREBO Group (former Ocean Trawlers Group)
Natori Co., Ltd.
Carrefour Supermarket - Headquarters
FedEx Corporation - Headquarters
Cooke Inc. - Group Headquarters
AKBM - Aker BioMarine ASA
Seafood Choices Alliance -Headquarter-
Austevoll Seafood ASA
Walmart | Wal-Mart Stores, Inc. (Supermarket) - Headquarters
New Japan Radio Co.Ltd (JRC) -Head Office-
Gulfstream JSC
Marine Stewardship Council - MSC Worldwide Headquarters
Royal Dutch Shell plc (Headquarter)
Genki Sushi Co.,Ltd -Headquarter-
Iceland Pelagic ehf
AXA Assistance Argentina S.A.
Caterpillar Inc. - Headquarters
Tiger Brands Limited
National Geographic Society
AmazonFresh, LLC - AmazonFresh

Copyright 1995 - 2022 Seafood Media Group Ltd.| All Rights Reserved.   DISCLAIMER