The requirement to obtain a Covid Certificate of compliance in food and beverage businesses continues to create inconsistencies within the government. According to Pact sources, the way the BOIB regulation is written may cause confusion because, while they have stated that you are not required to ask for it in bars and cafes, the document only refers to “catering establishments.” This includes restaurants, bars, cafes, and “any other establishment to be determined by regulation,” according to the 2015 regional law, which amends the 2012 law.
As Joan Franch Fluxà, professor of commercial law and master of tourism contracting at the UIB, stated yesterday in IB3 Ràdio, it is “critical that restrictive measures are fair, necessary, appropriate, and proportionate.” The regulation to obtain a Covid Certificate as written in the BOIB currently refers only to “catering establishments with an interior capacity of more than 50 people.” As a result, Franch explains, a lack of specificity and specification “disorients the regulation’s intended recipients and the economic operators who must implement it, distorting the measures’ coherence.”
This means that, in order to make a distinction between restaurants, bars, and cafes, the Government should have made it explicit in the BOIB. Employers have recently warned that the current rules are “not clear” and have created difficulties for restoration entrepreneurs.
According to some jurists, “it makes no sense” because unvaccinated or even infected individuals can now freely enter bars and cafes. As a result, experts express reservations about the differentiation between establishments, as it does not ensure the measure’s effectiveness.
“The Balearic Islands’ High Court of Justice moved measures on food and beverage establishments, not differentiation between venues, and thus I understand that endorsed the mandatory certificate in all catering establishments that fall under the Tourism Act’s categories,” Franch explains.
For the full article, please visit Diario de Ibiza website here.