The transitional provision sixth of the Royal Decree of Law 2/2011, of 5 September, for which the Recast Text of the Law of Ports of the State and the Merchant Navy is approved, establishes that the Plans of use that are In the case of the entry into force of Law 33/2010 of 5 August, they will have to comply with the provisions of Articles 96 and 97 of Law 48/2003 of 26 November, in its original wording. Article 96 of Law 48/2003 of 26 November 2003 on the economic and service provision of ports of general interest states that the Ministry of Public Works will define a service area in the ports of State ownership which include the areas of land and water necessary for the development of the port uses, as defined in Article 94.1 of that law, the reserve spaces that guarantee the possibility of development of the port activity and those that can intended for non-port uses referred to in that Article. This delimitation will be carried out, through the Plan of Use of the Port Spaces.

The Plan of Use of Port Spaces of the port of A Coruña was approved by Ministerial Order of 28 December 1999. In this plan, a future expansion of the port in the area known as Punta Langosteira was foreseen, with the priority objective of eliminating the environmental and safety risks that the handling and storage of crude and products Refined, as well as the unloading of solid bulk in areas near the urban space, generate in the interior of the port of A Coruña. To this end, it was incorporated into the land area of its service zone, the stretch of maritime-terrestrial public domain between Punta Langosteira and Punta del Pelón, in the municipality of Arteixo.

The basic project of the extension of the port of A Coruña in Punta Langosteira was drafted in 1999 and was the subject of Declaration of Environmental Impact, approved by Resolution of the General Secretariat of the Environment of 23 February 2001.

The solution finally tendered was the one approved in 2003, within the Port Technical Commission constituted specifically for the technical analysis of the New Installations in Punta Langosteira. The Commission was composed of representatives of representative public bodies at national level such as Ports of the State, the Port Authority of A Coruña, CEDEX and the Xunta de Galicia.

On June 10, 2005, the Council of Ministers agreed, in accordance with Article 47 of Law 22/1988, of 28 July, of Costas, to reserve a water space of the land sea public domain, of 707.90 hectares, for the carrying out the works of extension of the port of A Coruña.

The execution of the works began at the end of 2005 and at this time it is close to completion, therefore it is necessary to modify the Plan of Use of the Port Spaces of the port of A Coruña, To incorporate into the port service area the area of water necessary for the future operation of the new facilities, define the areas that will conform to the land service area and assign them the port uses that allow the transfer to the same of the traffics of liquid and solid granels that until now have been operating in the port of A Coruña.

The modification refers only to the territorial scope of the new port facilities in Punta Langosteira, in the municipality of Arteixo. It defines, first of all, the overall solution of the project. This solution, already foreseen in the studies carried out by the Port Technical Commission, is made up of the sum of different projects that will be developed, according to the existing needs, until the final configuration is completed. of the darsena. These projects will have to be programmed into the corresponding Port Authority Enterprise Plans and subsequently approved, subject to the procedures and regulatory reports.

The project tendered and currently under construction, corresponds to the so-called Phase I, described in section 2.2.3. of the document.

The modification proposed by the Port Authority of A Coruña implies a significant alteration of the service area of the port of A Coruña, and therefore, according to Article 97 of Law 48/2003, of November 26, the economic and service provision of ports of general interest, has the character of substantial modification.

This article states that those modifications of the Plan of Use of the Port Spaces that have a substantial character, will be subject to the same approval procedure as the one established in Article 96 of the Law for the Port Space Utilization Plans themselves.

The Board of Directors of the Port Authority of A Coruña, in session of 18 June 2008, has agreed to approve the proposal of modification of the Plan of Use of the Spaces of the port of A Coruña, New Installations in Punta Langosteira.

The Directorate General of Quality and Environmental Assessment of the then Ministry of the Environment reported that the action incorporating the modification of the Plan of Use of the Port Spaces of the port of A Coruña had already was subject to an environmental impact assessment under Royal Decree Law 1302/86, not therefore being considered to be such an amendment within the cases referred to in Article 3 of the scope of Law 9/2006 of 28 April 2006, would not be subject to environmental assessment, as provided for in this provision.

The mandatory reports were requested and the document was submitted to the public information procedure for a period of one month. On 20 April 2009, the Directorate-General for Sustainability of the Coast and the Sea reported favourably the proposal. Finally, the public body Ports of the State has reported favorably the Plan of Use, in responding to the current needs of the port of A Coruña and to observe that the requirements laid down in article 96 of the Law 48/2003 of 26 November 2003 on the economic and provision of services of ports of general interest.

In its virtue, on the proposal of the Port Authority of A Coruña, completed the formalities required by the current legislation, I have:

First. Approval of the modification of the Utilization Plan.

The modification of the Plan of Use of the Port Spaces of the port of A Coruña, New Installations in Punta Langosteira, drafted in accordance with Law 48/2003, of 26 November, of economic and of the the provision of services of ports of general interest. From the modification document, a duly endorsed copy will be deposited in the Ministry of Public Works, another in Ports of the State and a third in the Port Authority of A Coruña.

Second. Definition of surfaces and allocation of uses.

The land service area of the port, defined for the overall solution, or model of development of the long-term darsena, is reflected in the plan n. 6 of the document and is made up of the sum of different projects which will be developed in accordance with existing needs. It is structured into four functional areas that are assigned the uses that are then exposed:

Commercial Port Use Area. The area intended for commercial use, i.e. activities related to the exchange between modes of transport, those relating to the development of basic port services and other commercial port activities, may reach a length Of the 4,000-meter piers, which would be a total area of 105 hectares.

Supplementary Port Use Area. This area is made up of the so-called "South Esplanade" and "Levante Esplanade". These esplanades, if executed in full, will have an approximate length of 157 hectares.

Basic port infrastructures. The road of access to the port in the south and the works of shelter shall be considered Basic Port Infrastructures.

Affection Zone. A zone of affection is established, the purpose of which is to serve as a shelter and buffer band for the port and security zone activities for the citizens ' activities that are developed in their environment. It shall comprise the area bounded by the bottom line of the quarry and the land boundary of the service area.

Phase 1 is defined in Plano No. 8 of the document and consists of four functional areas and two backup zones:

Commercial Port Use Area. The area for commercial port use consists of the docks for oil tankers attached to the coat dam and the 920 meters of the Cross. In this area, the Area of Commercial Port Use has an amplitude of 250 meters from the docking line, which means, in total, an approximate area of 36 hectares.

Supplementary Port Use Area. This area is made up of the rest of the esplanades, climbing its surface to about 132 hectares.

These two uses will include the road and rail lines necessary for the proper operation of the port facilities.

Basic port infrastructures. The road of access to the port by the south, the dam of the coat and the end of the eastern esplanade shall be considered Basic Port Infrastructures.

Affection Zone. This zone shall comprise, except in that part adjacent to the reserve zone defined to the north of the port facilities, the area bounded by the bottom line of the quarry and the land limit of the service area. At those points where it is adjacent to the reserve zone, the area of the condition shall be between the bottom line of the quarry and the internal limit of the reserve.

Backup Zones. They will be necessary to ensure the full development of the Darsena, which will be reduced as the various projects are approved and implemented, until the moment when the facilities in Punta Langosteira acquire their final configuration. Two reserve zones are defined, one located in the northern part of the port and another adjacent to the South access, bringing the total area to about 32 hectares.

Third. Delimitation of the land service area.

The new delimitation of the service area of the port of A Coruña coincides, in the area of the city of A Coruña, with the current one, modifying in the field located in the municipality of Arteixo.

The new delimitation is the result of the additions and exclusions listed in the fifth and sixth paragraphs of this ministerial order and of the new land surfaces that will emerge after the works have been completed.

The land service zone is defined for the two phases established in the overall solution, with the land boundary of the service area being the same for both. The UTM coordinates of the linderline are detailed in Anejo 9.

Fourth. Additions.

The land located in the municipality of Arteixo, approximately 137 hectares of land, defined in Plano 3: "Incorporations and Disaffectations" are incorporated into the port service area. The parcels affected are detailed in Annex 8 of the document.

Fifth. Disaffection of the port public domain.

They are excluded from the service zone of the port of A Coruña and the two stretches of coast defined below are disaffected from the harbour public domain:

To the North of the port service area, the stretch of coast between the following UTM coordinate points:

X: 540.983.53; AND: 4,80,924.88.

X: 541.861.91; Y: 4,800.330.73.

To the South of the port service area, the stretch of coast between the following UTM coordinate points:

X: 540.235.53; AND: 4,797,891.05.

X: 538.250.04; AND: 4,796,506.33.

Both tranches maintain the natural conditions of land-based maritime public domain goods so, once they are affected, they will automatically be incorporated into the use of the public maritime-terrestrial public domain regulated by the Law 22/1988, of July 28, of Costas.

Sixth. Delimitation of the area of water.

Zone I, or inland port waters: It consists of the sheets of warm water that define the docks, docks or docks of the port.

The delimitation of Zone I will be flexible and will be adapted to the evolution of the various works. In the case of the development of all the port facilities, Zone I will reach an approximate area of 264 hectares, being delimited by the cantilles of the docks, the inner side of the coat dam and the straight line joining the The outer surface of the coat is more exterior with the outer point of the future. This exterior line is detailed in Plano 5 and the UTM coordinates of its ends are:

X: 537.945.73; And: 4.799.402.00.

X: 539,155.22; AND: 4,799,012.67.

Zone II, or exterior of the port waters: Zone II of the waters of the port of A Coruña in the environment of Punta Langosteira, comprises the sheet of water bounded by the outer boundary of Zone I of waters, the harbour works, and imaginary lines defined by the following vertices (starting from the north):

X: 540,924.88; Y: 4,800,800,94.

X: 539,355.24; Y: 4,800,916.62.

X: 538.576.01; AND: 4,800,507.54.

X: 537,223.79; AND: 4,799,209.89.

X: 538,767.01; Y: 4,798,156.62.

X: 540.243.30; AND: 4,798,285.78.

Seventh.

This order will take effect the day following your publication in the Official State Gazette.

Madrid, June 6, 2012. -Minister of Development, Ana Maria Pastor Julian.