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)

editorial@seafood.media
www.seafood.media


 Print


Click to know how to advertise in FIS
MORE NEWS



Lenguaje
FEATURED EVENTS
  
TOP STORIES
Patagonian toothfish: US-UK diplomatic friction over fishing off the Falkland's
United States The following is an excerpt from an article published by Associated Press: MIAMI (AP) — It's one of the most expensive fish in the world. It sells for $32 a pound (450 grams) in Whole Foods s...
Kamchatka salmon season in Russia breaks records: 3 times more than last year
Russia Fed. “Krasnaya Putina” (Salmon Season) started at an accelerated pace: 8.3 thousand tons of salmon have already been harvested - 3 times more than last year By June 21, 2022, the catch of Pa...
Kien Giang Province has used a variety of methods to promote propaganda and encourage fishermen to strictly abide by anti-IUU regulation
Viet Nam Kien Giang province focused on adopting synchronized solutions to prevent illegal, unreported, and unregulated (IUU) fishing, therefore there were no ships in the fourth quarter of 2021 and first quar...
Two sub-areas are closed to prevent the capture of juvenile shrimp
Argentina This is the western fringe of subareas 13 and 15. The fleet is located from the beginning of the season towards the center of the authorized area. Yields have been good, but they are watching closely ...
 

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
SeaChoice
National Geographic Society
AmazonFresh, LLC - AmazonFresh

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