Law 48/2003, of 26 November, of the economic regime and the provision of services of ports of general interest, establishes in its article 96 that the Ministry of Public Works will delimit in the ports of state ownership an area of service which shall include the spaces of land and water necessary for the development of the harbour uses, defined in article 94.1 of that law, the spaces of reserve that guarantee the possibility of development of the harbour activity and those which may be used for non-port uses referred to in that Article. This delimitation will be carried out, through the plan of use of the harbour spaces. The Harbour Authority will request a report from the public administrations with competence in sectorial aspects on which the plan of use of the harbour spaces can have an impact. The proposal will be forwarded to Ports of the State, who will convene the Harbour Authority and the General Directorate of the Coast to a period of consultations during the period of one month, and subsequently, will obtain report of the General Directorate of Costs. The Ministries of Defense and Interior will also report. After the reports have been received or the deadline for issuing them, the State Ports will issue a report that will raise it, along with the file, to the Ministry of Public Works for approval. The processing of the modification of the Use Plans is laid down in Article 97 of Law 48/2003 of 26 November, indicating that it will be subject to the same approval procedure as the one laid down in Article 96 for the Plans of Use, in case of substantial character. The Plan of Use of Port Spaces of the Port of Gijon-Musel was approved by Ministerial Order of 10 December 1999. The Governing Council of Ports of the State, in session on 7 October 2004, agreed to the approval of a non-substantial modification of the said Plan of Use. The Port of Gijon-Musel is currently developing the most ambitious enlargement project in its history. This translates into the execution of a series of works which, once completed, will result in an increase of almost twice the current land surface. This has motivated the Harbour Authority of Gijón to process a new modification of the Plan of Use of the Harbour Spaces that, having a substantial character, in accordance with the provisions of article 97 of Law 48/2003, 26 of November, has been dealt with in accordance with the procedure referred to in Article 96 of that Law. Although the current use of the existing plan of use already outlined the work of enlargement, in its modification, some of these already completed and, in any case, awarded, the new areas generated as a whole are precisely defined. as a result of the works, including within the service area the stretches of coastline on which they support. Also, uses are assigned to the new areas and, in respect of the areas already defined in the Plan of Use of the Port Spaces, the areas assigned to the different uses are modified in some cases. With regard to the delimitation of the area of service of the port, the modification proposes the extension of that zone of service to the west, in order to dispose, given the forecasts of increase of traffics for the future of the port, of more land for uses linked to port activity. On the other hand, two plots are excluded, including within the service area in the current Plan, but which have never been expropriated. The external delimitation of the area II does not undergo any modification, reorganizing zones I and II by including the project of the port extension. In its virtue, on the proposal of the Port Authority of the Port of Gijón, completed the formalities required in Articles 96 and 97 of Law 48/2003, of November 26, of economic regime and of provision of services of ports of general interest, Available:

First. -Approval of the utilization plan modification.

The "Modification of the Plan of Use of the Port Spaces of the Port of Gijon-Musel" is approved, written in accordance with Law 48/2003, of 26 November, of economic regime and service delivery of the ports of general interest. Second.-Definition of new land surfaces and allocation of uses. The extension works already carried out or that are currently in process of execution, which are defined in the memory of the substantial modification, as well as the incorporation of plots to the service area, give rise to new areas land to which the corresponding uses are allocated, in the manner set out below:

Works performed and in operation. a) Dique de closure and surface of expansion of the docks of the Osa: Harbour Commercial Use.

b) Extension of the Marcellin Leon pier: Port Commercial Use.

Works running.

a) Enlargement of the port of Gijón in the zone of the Musel. -The project consists in the execution of a new coat of coat that part of the Cape of Torres with a total length of 3,834 m. A new dock with a surface of 145 hectares, 1,250 metres of dock, which oscillates between 23 and 27 metres and a width of more than 400 metres, is generated in the shelter of the outer dam. The total surface emerged is approximately 140 hectares.

The extension is structured in three clearly differentiated areas, which are assigned the corresponding basic uses:

Expected Area for Port Commercial Use. It covers the entire surface of the new enlargement generated from the outer dam, with the exception of the following two areas.

Planned area for Port Use Flammable Products. This use is assigned to the western part of the new dock. Planned Area for the General Supplementary Port Use. Located at the start of the enlargement, with a triangular surface area of approximately 18 hectares.

b) Extension of the Port of Gijon in Abono. -New areas consist of two parts and both are assigned the General Supplementary Port use, with its main function being the establishment of facilities and parks storage of bulk, and are:

The expansion of the Abono esplanade, which is currently under way, involves gaining an area of 84,238 m2. The defense is projected parallel to the existing one, at a distance of 220 m, closing down the North of the Abono and extending the alignment of the rial of the ria to the previous one.

The new parcels affected, located to the West of the Abono estuary, described in the fifth order of this order.

c) Enlargement of the 6th alignment. -Works represent an increase of the land area of 37,344 m2. The Harbour Use Is Assigned Dangerous Goods-Flammable Products. Third.-Modification of existing uses.

a) Esplanade de Fomento, curvo de fomento de fomento y dique de escollera located east of the Playa de Poniente. -Comprises the strip of land occupied by the curvo de Fomento dam, which is incorporated into two areas of triangular: the first is the next to the Paseo de la Calle Rodríguez Sampedro, in which the concession is located to Motonautica del Principado, S.A., and the second is the area of land gained to the sea between the curved dam of Fomento and the dam of Beach protection escort, whose space was incorporated into the Nautical Sports use, by agreement of the Council Rector State Ports of 7 October 2004.

This area is assigned a new mixed use called "Nautical, Sports and Recreational Equipment". b) The Osa's Muelles. -The area dedicated to the Port Use Dangerous Goods-Flammable Products of the docks of the Osa is reduced, comprising only the space corresponding to the current plant of storage of products oil. To the rest of the grounds of the docks of the Osa, they are assigned a Harbour Commercial Use. c) Fishing zone.-The parcel attached to the multi-service building of the Port Authority, with a fishing use assigned in the Plan of Use currently in force, is incorporated into the Harbour Commercial Use.

Fourth. -Delimitation of the land service area. -The new delimitation of the service area of the Port of Gijon-Musel coincides in the area of the city of Gijón, with the current one, modifying in the zone of the Musel and Abono.

The new delimitation is the result of the additions and exclusions that are listed in the fifth and sixth paragraphs and are described in plans n. 4, 5, 6, 7, 8 and 9 of the document. Fifth. -Incorporations. Two discontinuous sections of land-based maritime public domain are incorporated into the port public domain:

The first of these is the current limit of the port service area in the eastern part of the Cabo de Torres, located at the height of the start of the current Príncipe de Asturias dam, at the line +18, and advances 444.8 m towards the North East. The upper limit of the plot to be incorporated is defined by the level curve of the cote +18.

The second related to the expansion of the Abono, the surface of the terrestrial marine public domain to affect the harbour public domain is the one that, starting from the current limit of the harbour zone, located to the west of the Cpl. de Torres, advances in an approximate length of 424.5 m. This limit, after completion of the work, will coincide with the intersection between the executed filling and the slope of the Torres cape. Also included within the area of service of the port are the grounds, approximately 32 ha of surface, located to the west of the Abono river, defined in the plan 6 of the document.

Sixth. -Exclusions of the service area. -Is excluded from the service area of the Port of Gijón the plots n. º 1-D and n. º 2-D (called 2-A and 3-A in the current plan) represented in Plano n. 9 of the document, which never before became expropriated.

Seventh. -Delimitation of the area of water. The delimitation of the zone of waters is defined as follows:

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

After completion of the currently executing enlargement works, the Water Zone I will comprise the sheltered water sheet enclosed by the existing docks and an imaginary line that one the northern part of the Dique, currently in construction, and the morro of the Santa Catalina dam, located in the marina. Until that moment, Zone I of waters comprises the sheet of water sheltered by the existing docks and an imaginary line that joins the morro of the Prince of Asturias dam, and the morro of the Santa Catalina dam, located in the Marina.

Zone II, or exterior of the port waters.

Comprises the water sheet bounded by the outer boundary of the water zone I, the coast and the following imaginary lines: The one between the points: Z: (43. º 34.30 'N; 5. 42.52' W) and E: (43. º 37 'N; 5. 42.52' W).

The one between the points: E: (43. º 37 'N; 5. 42.52' W) and J: (43. º 37 'N; 5. º 38' W). The one between the points J: (43. º 37 'N; 5 ° 38' W) and N: (43. º 33 'N; 5. º 38' W), to its intersection with the point located 100 m towards the sea, of the maximum live equinoccial bass line. The line that runs west, in parallel to the line of maximum living equinoccial, at a distance of 100 m to the sea, with origin in the last described point, to its intersection with the parallel 43 ° 33 '. The parallel 43 ° 33 ' N, until its next intersection to the west with the line running parallel to the maximum live equinoccial bottom line, at a distance of 100 m towards the sea. The line that runs west, in parallel to the line of maximum living equinoccial bottom, at a distance of 100 m towards the sea, with origin at the last described point, until its new intersection with the parallel 43 ° 33 '.

The parallel 43. º 33 ' to its intersection with the coast, which means a stretch of 100 m to the east from the last defined point.

Madrid, 1 February 2008. -Minister for Development, Magdalena Álvarez Arza.