Law 5/2024 on limiting the influx of vehicles on the island of Ibiza: a comprehensive analysis

Law 5/2024 of 11 November 2024 on the Limitation of the Inflow of Vehicles on the Island of Ibiza to Ensure Sustainable Tourism was initiated by the Ibiza Island Council through an agreement of 10 May 2024 and in accordance with article 47.2 of the Statutes of the Autonomy of the Balearic Islands. This regulation represents an important step in regulating the traffic load on the island’s infrastructure during periods of peak tourist activity and builds on previous experience on the island of Formentera (Law 7/2019 of 8 February 2019 on the environmental and economic sustainability of the island of Formentera).

Prerequisites for the adoption of the law

• Rapid growth of the vehicle fleet: between 1996 and 2023, the number of vehicles in Ibiza increased by 255% (from 63,062 to 160,835 units)
• Quadrupling of inbound vehicles: from 51,000 in 2001 to 206,960 in 2022.
• Critical congestion on the road network: in 2023, congestion reaches 23.6% of the total number of vehicles on the island
• High motorisation rate: 1,036.9 cars per 1,000 inhabitants in 2022 (compared to 927.5 in the Balearic Islands)
• Seasonal peaks in congestion: in July and August, traffic is 33-35% higher than the annual average.

Legal basis and justification of the law

Act 5/2024 is based on the following legal and factual bases:

• Normative recognition of the Territory’s insular character: article 138 of the Spanish Constitution and article 3 of the Statute of Autonomy of the Balearic Islands
• Competences provided for in the Statute of Autonomy: territorial planning (paragraph 3), roads and transport (paragraph 5), maritime transport (paragraph 6), tourism (paragraph 11), promotion of economic development (paragraph 21), protection of landscape heritage (paragraph 25) and environmental protection (paragraph 46).
• European Union Sustainable Development Goals: high level of protection and improvement of the quality of the environment (Article 3 of the Treaty on European Union)
• EU transport policy: European Commission White Paper on transport describing transport as a fundamental element of the economy and society that must be sustainable
• Law 10/2019 of 22 February 2019 on climate change and energy transition: obligation of the public administrations of the Balearic Islands to promote sustainable mobility
• Law 7/2021 of 20 May 2021 on climate change and energy transition: the need to adopt sustainable urban mobility plans and the possibility for the Island Autonomous Communities to request the State to establish measures to limit car traffic

Key measures required by the law

IMPORTANT: All restrictive measures will be imposed in compliance with the principles of necessity, efficiency, proportionality and non-discrimination as stated in Article 2.3 of the law.

1. general restrictions on the entry and stay of vehicles

• Prohibition of entry: the entry and/or stay of all types of vehicles on the island of Ibiza is prohibited during certain periods of the year.
• Publication of restrictions: the decision on restriction periods must be published in the Official Gazette of the Balearic Islands at least three months before coming into force.
• Prior consultation: the island’s municipalities and the Formentera Council shall be consulted before the decision on restriction periods is taken.
• Identification system: development of a system to identify authorised vehicles, including the possibility of introducing a compulsory distinctive sign with an appropriate fee
• Special measures for traffic between the Pitius Islands: creation of special exceptions for mobility between the islands of Ibiza and Formentera
• Automated control system: possibility of installing automatic number plate reading systems
• Exceptions to the ban:
  • Vehicles of natural and legal persons residing in Ibiza (except car hire companies)
  • Vehicles of non-residents who own property on the island (one vehicle per owner).
  • Vehicles of residents of Formentera, Menorca and Mallorca who need to travel regularly to Ibiza for work purposes.
  • Transport for people with reduced mobility
  • Service and public transport vehicles
  • Hire cars with appropriate permits
  • Vehicles for the transport of goods and commercial distribution
  • Agricultural and construction machinery

2. Establishment of a limit on the number of vehicles

• Annual/bi-annual limit: the Ibiza Island Council sets the maximum number of vehicles for the limitation periods, with a justification for the decision taken
• Special quotas for Formentera: separate quotas are provided for Formentera islanders, based on historical vehicle inflow data and sufficient to fulfil needs
• Independence of Formentera quotas: these quotas exist independently of non-resident vehicles transiting to or from Formentera.
• Priority for environmentally friendly vehicles: electric and non-environmentally harmful vehicles are favoured in the allocation of permits.
• Regulation of the number of rental vehicles : setting a maximum number of rental vehicles.
• Special treatment for caravans and motorhomes: given the problems associated with these vehicles, the law provides:
  • Establishing a separate quota for caravans and motorhomes
  • Mandatory requirement to pre-book a site at an official campsite on the island
  • A ban on obtaining a permit without proof of booking at a campsite
  • Strict prohibition on parking and overnighting in unauthorised areas, especially in rural areas

3 Responsibilities of transport companies

• Passenger information: Maritime carriers and intermediaries are obliged to inform passengers of time restrictions during the vehicle ticketing process.
• Minimum mandatory information: the Ibiza Island Council defines the minimum amount of information that companies must provide through various distribution channels.
• Verification of authorisations: companies must verify the accreditation of passengers carrying vehicles to Ibiza during the boarding process.
• Data transmission: mandatory real-time transmission of information on all vehicles arriving and leaving the island (from 1 January 2025)
• Charging: companies are required to charge passengers a set fee for vehicles entering the island at the same time as they pay their fare, to be transferred to the relevant administration.
• Record-keeping system: establishment of a dedicated information mediation platform for the transfer of vehicle data between transport companies and the Island Council.
• Temporal nature of obligations: permit inspection obligations are only in effect during periods of restriction determined annually by the Island Council

4. restrictions for hire cars

• Limit on hire vehicles : after consultation with representatives of the hire sector, the Island Council Plenum may reasonably set a maximum number of hire vehicles that may enter the Island each year
• Circulation limit: determining the maximum number of rental vehicles that can circulate around the island during restriction periods, subject to an overall vehicle limit
• Environmental quotas: defining the percentage of rental cars that must be electric or non-environmentally harmful
• Permit allocation system: development of a mechanism to allocate accreditations to rental companies, including conditions for new operators in the sector
• Minimum fleet threshold: establishing the number of vehicles in the fleet below which a company is exempted from possible redundancies
• Mandatory data transfer: car rental companies are required to report daily information on vehicles entering and leaving the island, including new registrations of vehicles imported without number plates.
• Domicile requirement: rental cars must be taxdomiciled on the island of Ibiza in order to be accredited.

5. Public transport and sustainable mobility

• Prioritising sustainable transport: promoting the use of zero-emission vehicles
• Strengthening public transport: measures to increase the frequency and routes of public transport.
• Action plan: development of an action plan for sustainable mobility on the island of Ibiza
• Comprehensive mobility transformation in line with the Balearic Islands Sectoral Mobility Plan:
  • Complete transformation of the public transport network
  • Stimulation of pedestrian and cycling traffic
  • Electrification of the car fleet
  • Introduction of low emission zones
  • Digital transformation in mobility management
• Joint initiatives: coordination between the Island Council and municipalities to plan infrastructure and services that favour the use of individual mobility aids.

6. Funding and organisational structure

• Special Fund: establishment of a special fund to finance the sustainable development of the island
• Mobility Consortium: establishment of the Ibiza Island Mobility Consortium, with the participation of the Island Council and the Government of the Balearic Islands.
  • Public legal organisation with full legal capacity
  • Administrative powers, including sanctioning and taxation powers
  • Possibility of incorporation of the island’s municipalities and other public organisations
• Accreditation system: development of a system to identify vehicles with authorisation to enter and/or stay on the island
• Action plan for sustainable mobility: development and implementation of a plan with specific objectives, actions and indicators
• Joint subsidy programmes: establishment of subsidy programmes to encourage companies and individuals to behave in a manner consistent with sustainable development goals.

7. Parking and accommodation in motorhomes and caravans

• Total ban on prolonged parking : the prolonged parking (more than three days) of any vehicle in the island’s rural areas outside official car parks is prohibited
• Ban on camping and overnight stays : it is strictly forbidden to use vehicles for camping and overnight stays in the countryside outside of official campsites.
• Prohibition on parking without accreditation: any type of parking of vehicles in the rural areas of the island without accreditation for entry/stay is prohibited.
• Camping reservation requirement: caravan and motorhome owners must have a confirmed reservation at a licensed campsite on the island for the duration of their stay.
• Penalties for breaches : breach of these requirements is classed as a very serious offence carrying fines of between €10,001 and €30,000
• Creation of conditions for caravanning: the authorities will promote the development of official campsites with appropriate infrastructure.

8. Restriction of access to certain areas

• Protection of natural and cultural values: possibility of temporarily restricting access and/or parking of vehicles in areas of special natural, cultural or landscape values.
• Prevention of congestion: control of access to areas where congestion of vehicles could create a risk for evacuation of people in emergency situations.
• Prior authorisation: restrictions are imposed after obtaining a favourable opinion from the relevant municipality.
• Publication of decisions: decisions on restrictions are published in the Official Gazette of the Balearic Islands.
• Priority for environmentally friendly vehicles: vehicles authorised to access the zones in question, especially public transport, must be predominantly low-emission vehicles.

Sanctions for infringements

Classification of infringements

Light violations:

• Failure to display a visible distinguishing sign when mandatory
• Accessing restricted areas in breach of the restrictions set by the Ibiza Island Council
• Any other failure to comply with the provisions of this law that does not qualify as a serious or very serious offence

Serious offences:

• Travelling on the island’s road network in contravention of the time limits established
• Manipulation or falsification of accreditation or a distinctive sign
• Commercialisation of hire cars without complying with restrictions
• Unreasonable obstruction of the administration’s inspection activities
• Failure to comply with the duties of informing, inspecting and directly charging the passenger
• Use of a vehicle accredited for entry/stay on the island while committing the offences established in Article 94 of Law 4/2014 on Land Transport and Sustainable Mobility

Very serious offences:

• Non-compliance with the obligation to transmit data by maritime companies
• Non-compliance with the obligation to transmit data by vehicle hire companies
• Non-compliance with parking bans in rural areas
• Committing more than one serious offence within a year

Sanctions

• Minor offences: fine from €300 to €1,000
• Serious offences: fine from €1,001 to €10,000
• Very serious offences: fine from €10,001 to €30,000
• Additional measures:
  • Temporary immobilisation of the vehicle for a period of two to four months for serious and very serious infringements
  • Revocation of the accreditation of the vehicle used for the offence and inability of the natural or legal person to obtain a new accreditation for one year (when using an accredited vehicle to commit the offence).

Specifics of sanctions

• Each vehicle constitutes a separate offence
• If the same vehicle commits an offence on several consecutive days, each case is considered a separate offence.
• If an individual is accredited to enter/stay on the island with a vehicle within 24 hours of committing a violation, the violation is cancelled.
• Vehicles in transit from/to the island of Formentera are not subject to sanctions

Timeline for the implementation of the law

• Entry into force: the day after publication in the Official Gazette of the Balearic Islands.
• Commencement of restrictions: from 1 June 2025
• Drafting of the regulations: within 18 months of the entry into force of the law, with particular attention to aspects relating to the entry of vehicles
• Establishment of the Consortium: within 6 months of the entry into force of the law
• Approval of the Statutes of the Consortium: within one year of the entry into force of the law
• Approval of the staffing table of the Consortium: within six months of the establishment of the Consortium.
• Commencement of data transfer by transport companies: from 1 January 2025
• Transition period: until the full structure for the implementation of the law is in place, the Ibiza Island Council will be responsible for the implementation of the vehicle entry regulations
• Development of a tax ordinance: within two months of the law coming into force, the Ibiza Island Council will initiate the procedure for the approval of a tax ordinance regulating the fees for obtaining and controlling the authorisation to enter and/or stay on the island.

International context and similar measures

Law 5/2024 is designed to take into account measures already implemented in other European regions with similar characteristics:

• Mediterranean Islands: Capri, Ischia, Marettimo and Favignana (Italy); Hydra, Athos and Rhodes (Greece); Kolocep (Croatia)
• German islands: Hiddensee, Helgoland, Juist, Baltrum, Wangerohe, Spiekeroog and Langeoog.
• Other European islands: the Dutch island of Schiermonnikoog; the French islands of Saint, Edic, Brea, Batz, Ouat, Molins and the Frioul archipelago.
• Urban restrictions: the experience of cities such as Madrid, Barcelona, Rome, Berlin, Freiburg, Paris, Oslo and others that have introduced vehicle restrictions to combat pollution and congestion.

Changes to existing legislation

• Modification of Law 11/2010 on maritime transport: a new paragraph has been added to article 27 (d) to extend certain provisions also to passengers travelling to the island of Ibiza.
• Consistency with Law 7/2019 on Formentera: taking into account the experience of similar restrictive measures on the neighbouring island of Formentera.
• Coordination with Law 10/2019 on climate change: sustainable mobility measures are in line with the provisions of that law.
• Coordination with Law 4/2014 on land transport: establishing the link between violations of this law and sanctions for owners of accredited vehicles.

Significance of the law for Ibiza and tourists

Law 5/2024 represents an innovative approach to the management of the traffic load on the island’s infrastructure. Its adoption reflects the commitment of the authorities of Ibiza and the Balearic Islands to ensure the sustainable development of tourism, the preservation of the environment and the improvement of the quality of life of local residents.

The restrictions and regulation provided for in the law are justified by imperative reasons of public interest related to the protection of the environment, urban environment and public health, such as:

• Preventing increased pressure on the area
• Preventing the exceeding of the carrying capacity of beaches and bays
• Preventing situations where concentrations of vehicles could jeopardise the actions of emergency services
• Prevent overloading of the road network and car parks
• Ensuring the proper functioning of wastewater treatment systems
• Maintaining adequate levels of waste collection and recycling
• Prevent over-exploitation of water resources
• Maintaining the value and positive image of Ibiza as a tourist destination

For tourists planning to visit Ibiza from 2025, especially during the high season, it is important to familiarise themselves with the new regulations and obtain the necessary permits to enter the island by private or rented vehicle. The alternative is to use public transport, which, according to the law, must be reinforced to cater for the needs of tourists and locals.

Law 5/2024 sets a precedent for other tourist destinations facing infrastructure congestion problems during peak activity periods and could be a model for the development of similar measures in other regions.

Practical recommendations for tourists

Based on the provisions of Act 5/2024, tourists planning to visit the island of Ibiza from June 2025, especially during the peak season (July-August), are advised to consider the following aspects:

For owners of private cars:

• Check the restriction periods in advance on the official website of the Ibiza Island Council
• Apply for accreditation to enter the island within the established quotas
• If you own a property in Ibiza, prepare proof of ownership and car registration at the address of the property
• Obtain and prominently display a distinctive sign, if required

For caravan and motorhome owners:

• Make sure you book a place on an official campsite for the entire period of your stay on the island
• Provide proof of booking when applying for accreditation
• Be aware of the strict prohibition on parking and overnighting outside official campsites
• Be aware that separate quotas are set for caravans and motorhomes, which may be restricted

For Formentera transit passengers:

• If you are travelling to Formentera with a car via Ibiza, you do not need a separate permit for Ibiza
• However, you must comply with the restrictions in force on Formentera according to Law 7/2019
• Transit passengers are advised to have proof of booking on Formentera

General recommendations:

• Consider using public transport, which will be reinforced during the period of restrictions
• When renting a car, favour electric and environmentally friendly vehicles
• Allow extra time for all stages of transporting the vehicle to the island, including document checks.
• Retain all documentation related to the trip for presentation to regulatory authorities.

Law

Check the official law for details