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Order Fom/2729/2015, On November 30, Which Approves The Valuation Of Land And Waters Of The Service Area Of The Port Of Barcelona And The Affected Land To Aids To Navigation Whose Management Has Attributed The Port Authority...

Original Language Title: Orden FOM/2729/2015, de 30 de noviembre, por la que se aprueba la valoración de terrenos y aguas de la zona de servicio del Puerto de Barcelona y de los terrenos afectados a ayudas a la navegación cuya gestión tiene atribuida la Autoridad Portuaria...

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TEXT

The public body Ports of the State has referred to the Ministry of Development, for its approval, the proposal of " Valuation of land and water of the service zone of the Port of Barcelona and of the affected areas to aid to the navigation whose management has attributed the Harbour Authority of Barcelona ", carried out by the Harbour Authority of Barcelona, that has the condition of port of general interest and is of exclusive competence of the General Administration of the State Article 4 and Annex I of the Recast Text of the Law of State Ports and of the Merchant Navy, approved by Royal Legislative Decree 2/2011 of 5 September, in conjunction with Article 149.1.20. of the Constitution.

The determination of the value of the land and the waters of the service area of the port is necessary to calculate the amount of the occupation rate that will be stopped in favor of the Harbour Authority for the occupation of the domain port public by virtue of authorization or concession, since, according to the provisions of article 175 of the Recast Text of the Law of Ports of the State and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 of September, the tax base of the rate is the value of the good of the public domain occupied.

According to the provisions of Article 175 (a) of the Recast Text of the Law of State Ports and the Merchant Navy, approved by Royal Legislative Decree 2/2011 of 5 September, the value of the land is determine on the basis of market criteria. To this end, the service area shall be divided into functional areas, assigning to the land included in each of them a value by reference to other land of the municipal term or to the next municipal terms, with similar uses and conditions, in particular those qualified as commercial, industrial or logistical, taking into account the appropriate use. In the case of areas intended for terminals and other facilities for handling goods, the value of port areas which may be alternative to the traffic of such a port may also be taken into consideration. In addition, in the final assessment of the land in each area, account must be taken of the degree of urbanisation in the area, the management characteristics laid down in the port's special plan, its centrality in the service area, and its proximity, accessibility and connection with the different transport modes and infrastructure, in particular to the docking facilities and sheltered water areas.

Regarding the assessment of water, point (b) of the same precept states that the value of the water spaces included in each of the functional areas in which the service zone of a port is divided will be determined by reference to the value of the land in the areas of the service area with similar purpose or use or, where appropriate, to the nearest land. It also provides that the assessment must take into account the conditions of shelter, depth and location of the waters, without being able to exceed the value of the reference grounds.

The proposal to evaluate the land and water sheet formulated by the Port Authority of Barcelona includes, among the necessary background and studies, an economic and financial memory, has been submitted to public and informed favourably by the public body Ports of the State and without objections by the Ministry of Finance and Public Administrations.

In this proposal, the land of the service area of the Port of Barcelona and those affected to the aids to navigation have been divided into functional areas, which are in the file duly represented in the plans corresponding, as follows:

a) Commercial Port:

AP1 Ground Functional Area: This zone is composed of the following subzones:

Subzone I: A rectangular area bordering the northwest with the Port Tramo Round VII; in the southeast, with V Street; by the southwest, with the railway line parallel to the Far Street of Llobregat and its extension to the northwest, and by the northwest, with Z Street.

Subzone II: Rectangular area, which borders the northwest, with gate 29 access to the port; by the southeast, with the Round of Port Tramo VI; by the southwest, with gate 30 access to the port, and by the northwest with street A of the Zona Franca.

Subzone III: A sensibly irregular area whose northeast line is the road that links gate 28 with the roundabout that links Alvarez de la Campa Street with the Port Tramo VI Round; the southeast border is the street of Alvarez de la Campa; to the southwest, the linde is an imaginary line that would connect, on the south side, the street Alvarez de la Campa with the Avda. Alvarez de la Campa and the extension of this line to link with the existing railway, as well as the extension of the latter to the west to the port 29 of access to the port, and by the northwest, the linde is the service area of the port.

Subzone IV: An elongated area bordering the northwest, with the vertex of the Port Tramo III Round with the vial of the dock counter; by the southeast, with the Round of Port Tramo III; by the southwest, with the door 27 access to the port, and by the northwest, with the limit of the service area and the railway line connecting to the Teco Morrot Terminal.

AP2 Ground Functional Area: This zone is composed of the following subzones:

Subzone I: Site surface on the Adosado pier, which borders the southeast with the Mediterranean Sea; by the south and northwest, with the water sheet of Zone I of the waters of the port, and by the northeast, with the imaginary line perpendicular to the cantil of the Adosado spring, in module 10 of the atraque 01D.

Subzone II: Irregular surface, which corresponds to the docks between the coast of the coast and the spring of the Energy. This area is limited by the cantil of the docks, by the extension of an imaginary line to the south cantil of the dock of Poniente, by the Round of Port between the Tramos III and IV, by the street Álvarez de la Campa, by an imaginary line At the end of the road between this point and the port 29 of the port, through the Port of Port of the Port, through the Port of Port VI and VII, through the Street V, by the street Faro del Llobregat and by the existing escort to the south of the dock of the Energy.

Remarks:

-To the completion of the construction works of the coast dock, the delimited area, to the northeast, will be excluded from this zone, by an imaginary line continuation of the south cantil of the dock Poniente, to the southeast, by the cantil of the Costa, to the southwest, by an imaginary line continuation of the north cantil of the Contradique dock and, on the northwest side, by the limit of the service area.

-To the completion of the construction works of the space in which the future Maritime Station E, sita on the Adosado dock, will be excluded from this area the delimited area, to the northeast, by an imaginary line continuation perpendicular to the cantil of the dock Adosado in module 10 of the berthing 01D, on its southeast side, by the Mediterranean Sea, by the southwest side, by an imaginary line next to an imaginary line perpendicular to the cantil of the dock in the south side of module 1 and, on its northwest side, by the cantil of the Adosado dock.

Terrestrial Functional Area AP3: It consists of an irregular polygon whose boundaries are the South-East Dique, the Prat vial, an imaginary line continuation of the Far Street of Llobregat and the inner water sheet of the area port service.

AP4 Ground Functional Area: This zone is composed of the following subzones:

Subzone I: Site surface on the Adosado pier, which borders the southeast by the Mediterranean Sea; by the southwest, with an imaginary line perpendicular to the cantil in module 10 of the A01D docking of the Adosado pier, by the northwest, with the water sheet of Zone I of the waters of the port and, on the northeast side, with the water sheet of the entrance canal of the North Bocana.

Subzone II: Irregular surface located on the docks San Beltran and Poniente, bounded by a compound perimeter, by the cantil of the said docks, by an imaginary line continuation of the south cantil of the Poniente pier until the Round of the Port Tramo III, the Round of the Port Tramo III in the direction north to an imaginary line continuation of the south cantil of the dock Barcelona.

Remarks:

-To the completion of the construction works of the coast dock, will be included in this area the area delimited, to the northeast, by an imaginary line continuation of the south cantil of the dock Poniente, to the southeast, by the cantil of the Costa, to the southwest, by a line imagine continuation of the north cantil of the Contradique dock and, on the northwest side, by the limit of the service area.

-To the completion of the construction works of the space in which the future Maritime Station E, sita at the Adosado dock, will be included in this area the area delimited, to the northeast, by an imaginary line continuation perpendicular to the cantil of the dock Adosado in module 10 of the berthing 01D, on its southeast side, by the Mediterranean Sea, by the southwest side, by an imaginary line next to an imaginary line perpendicular to the cantil of the dock in the south side of module 1 and, on its northwest side, by the cantil of the Adosado dock.

AP5 ground functional area: Sensibly irregular surface, which is adjacent to the east with the Port Tramo III Round, to the south with the Teco Morrot Terminal, to the west with the limit of the port service area, and by the northeast, with an imaginary line extension of the south cantil of the Barcelona dock.

Terrestrial Functional Area AP6: Sensibly rectangular surface on the Levante-Oriental-Catalunya docks, which borders the northeast, with the axis of the service street of the Catalunya pier; to the southeast, with the Paseo Joan de Borbo and the the west boundary of the future rambla planned in the Special Plan of the North Bocana; by the southwest and northwest, with the water sheet of the navigation channel and by the northwest, with the cantil of the aforementioned docks.

b) Logistics Area:

Terrestrial Functional Area AL1: Integrated by the following sub-zones:

Subzone I: Area ZAL Prat. Surface sensibly trapezoidal, located in the municipality of El Prat de Llobregat, which is located in the northwest, with the southwest margin of the old river Llobregat; in the northeast, with the 114th street; in the southwest, with the street 100; and by the southeast, with the vial Prat.

Subzone II: Area ZAL Barcelona: A sensibly triangular area, located in the municipality of Barcelona, which borders the northeast, with the railway line parallel to the Far Street of Llobregat and the extension of it towards the Northwest, with the limit of the service zone of the port of Barcelona, parallel to the street A of the zone Franca; by the south, with the north margin of the old river of the river Llobregat; and by the southeast, with the vial of the commercial port that Run parallel to the d' Ormuz passage.

They are not part of the previously described surface, although the areas described as AL2 and AL3 are included in their perimeter.

Terrestrial Functional Area AL2: Integrated by the following sub-zone:

Subzone I: Parcela ZSG3, sita in the ZAL Prat. Surface sensibly trapezoidal, located in the municipality of El Prat de Llobregat, which is located in the northwest, with the southwest margin of the old river Llobregat; in the northeast, with the 114th street; in the southwest, with the street 100; and by the southeast, with the vial Prat.

Subzone II. Plot ZSG1, sita at ZAL Barcelona. The surface of the city of Barcelona, located in the city of Barcelona, which borders the northeast, with the railway parallel to the Far Street of Llobregat and the extension of the city to the northwest; to the northwest, with the limit of the area of service of the port of Barcelona, parallel to the street A of Zona Franca; by the south, with the north margin of the old riverbed of the river Llobregat, and by the southeast, with the vial of the commercial port that runs parallel to the passage d' Ormuz.

Functional area AL3: Linda to the southeast with the street Pi de l' Olla, to the southwest with the street Cal Xiquirrin and to the north with the own plot A-30. The plot is intended for the location of the electrical substation, corresponding to technical services.

Ground functional area AL4: Area corresponding to the old riverbed of the Llobregat River, which borders the north, with the ZAL Barcelona; to the east, with the vial Prat; by the southwest, with the ZAL Prat; and by the west, with the limit of the zone of port service.

c) Citizen Area:

AC1 ground functional area: Delimited as follows:

External limit: It is the limit of the service area of the port, which borders southeast to southwest, with the Mediterranean Sea, with the east side of the Plaza del Mar, the Paseo Joan de Borbo, the street Pas de Sota Wall, the Paseo Colon and the Plaza de las Drassanes.

Internal limit: From southeast to southwest (continuation of the previous limit), an imaginary line extension of the south cantil of the Barcelona dock, the cantil of the docks Barcelona, Drassanes, Bosch i Alsina, the western base of the slope of the existing bridge over the road of movement for the walk of people on the dock Spain, the road of circulation of the dock Spain, the south and east of the dock Spain, the cantil of the docks Deposit, Barceloneta, Clock and Fishermen, the rotunda of the building of the Clock, a line parallel to the northwest cantil of the pier Pescadores, in 7 m, the street Escar, the Paseo Joan de Borbo in the south direction, to the third roundabout in the area of the Bocana Norte, and the west boundary of the future rambla in the Special Plan of the North Bocana until the end of the water sheet of the channel The entrance to this North Bocana.

Ground functional area AC2: Irregular surface on the docks of Pescadores and Catalunya, bounded by a perimeter composed of the cantil between the Balearic docks and the west of the Catalunya pier, the axis of the street The service of the Catalunya pier to the Paseo Joan de Borbo, the road of this last walk in the direction north to the street Escar, the street Escar, an imaginary line parallel to the northwest cantil of the pier Pescadores, in 27 meters to the roundabout of the Clock building and an imaginary line linking this roundabout and the vertex of the docks Fishermen and the Balearic Islands.

The water spaces of the service area of the Port have also been divided into functional areas, duly represented in the file in the corresponding plans, as follows:

LZ1: Corresponds to the water sheet of Zone I or interior of the harbour waters, defined in the Plan of Use of Port Spaces of the port of Barcelona, existing to the north of the Bridge of Europe, to which it is given service through the North Bocana.

LZ2: Corresponds to the water sheet of Zone I or inland port waters, defined in the Plan of Use of Port Spaces of the port of Barcelona, existing to the south of the Bridge of Europe, to which is given service to through the Southern Bocana.

LZ3: Corresponds to the water sheet of Zone II or exterior of the port waters, defined in the Plan of Use of Port Spaces of the port of Barcelona. It lacks accessibility to docks.

The areas affected by the aid to navigation, also represented in the file in the corresponding plans, are as follows:

Faro de Port de la Selva (Punta Sarnella): Terreno located in the province of Gerona, in the municipality of Port de la Selva. Cadastral reference 17149A00100189.

Cabo de Creus lighthouse: Terrain located in the province of Gerona, in the municipality of Cadaqués. Cadastral Reference 17035A00100011.

Faro de Rosas: Terreno located in the province of Gerona, in the municipality of Roses. Cadastral reference 5273001EG1757S.

Faro de las Islas Medas: Terreno located in the province of Gerona, in the municipality of Torroella de Montgri. Reference cadastral 002400100EG15F.

Faro de Cabo de San Sebastián: Terreno located in the province of Gerona, in the municipality of Palafrugell. Reference cadastral 6884101EG1368S.

Faro de Palamos: Terreno located in the province of Gerona, in the municipality of Palamos. Cadastral Reference 0824101EG1302S.

Faro de Tossa de Mar: Terreno located in the province of Gerona, in the municipality of Tossa de Mar. Reference cadastral 4684102DG9148S.

Calella lighthouse: Terreno located in the province of Barcelona, in the municipality Calella. Reference cadastral 08035A00400054.

Faro de Montjuïc: Terreno located in the province of Barcelona, in the municipality of Barcelona. Cadastral Reference 0293101DF3709C.

Faro de Vilanova and la Geltrú (Sant Cristofol): Terreño located in the province of Barcelona, in the municipality of Vilanova and the Geltrú. Cadastral Reference 4338008CF9643N.

The valuation proposal has been prepared and processed in accordance with the provisions of Articles 175 and 177 of the Recast Text of the Law of State Ports and the Merchant Navy, approved by the Royal Legislative Decree 2/2011, of 5 September, having submitted to the process of public information and to the reports of the Ministry of Finance and Public Administrations and the public body Ports of the State.

In his virtue, on the proposal of the Port Authority of Barcelona, and the President of Ports of the State, with the agreement of the Secretary of State for Infrastructures, Transport and Housing, completed the procedures demanded by the current legislation, I have:

First. Approval of the assessment.

The "Valuation of land and water of the service area of the Port of Barcelona and the affected areas to aid to the navigation whose management has been attributed to the Port Authority of Barcelona" is approved.

A copy of the original document will be deposited with the Ministry of Public Works, another in the Public Body Ports of the State and a third in the Port Authority of Barcelona.

Second. Land values and water sheet.

The values of each of the functional areas in which the service zone of the port and the affected areas are divided into the navigation aids are as follows:

Land and water:

Functional Area

Value €/m2

AP1

Business area.

156.44

AP2

Area commercial.

179.91

AP3

Business Area.

161.92

AP4

197,90

AP5

Business Area

AP5

172.09

AP6

Business Area.

200,37

AL1

Logistic Area.

140,80

AL2

Logistics area.

186.51

AL3

Logistics area.

70.40

AL4

Logistics area.

56.32

AC1

Citizen area.

345.39

AC2

Citizen Area.

200,37

LZ1

Water Lamina.

43.17

LZ2

Water Lamina.

44.98

LZ3

Water Lamina.

6.75

Land affected by navigation aids:

Faro

Value €/m2 (*)

Interior

Exterior

Faro de Port de la Selva (Punta Sernella).

7.35

0.055

Creus Cape Faro.

5.25

0.055

Faro de Rosas.

6.48

5.25

Faro of the Medes Islands.

0.075

0.075

San Sebastian Cape Faro.

10.5

5.25

Faro de Palamos.

96.72

-

10.5

10.5

0.2

Calella.

7.35

1.0966

Faro de Montjuïc.

62.31

0.08

Faro de Vilanova and la Geltru.

25.68

-

(*) The value defined as interior corresponds to the grounds of the fenced enclosure of the headlamp. The external name corresponds to undeveloped land external to the headlamp.

Third. Publication.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 30 November 2015. -Minister for Development, Ana Maria Pastor Julian.