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 shall be carried out through the plan of use of the port spaces which shall include the intended uses for the different areas of the port, as well as the justification for the necessity or convenience of such uses, and their approval corresponds to the Ministry of Public Works. Prior to this approval, the Harbour Authority will request to report from the Administrations with competence in those aspects on which the plan of use of the harbour spaces can have an impact, that they will have to inform in the aspects relating to their own powers. At the same time, the Plan of Use shall be submitted for public information for a period of one month. The proposal will be forwarded to Ports of the State, who will call the Harbour Authority and the General Directorate of the Coast to a period of consultations within one month and will obtain a report from the General Directorate of the Costs. They will also report the Ministries of Defense and Interior. 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 Plan of Use of the harbour spaces of the port of Alicante has been handled in accordance with the provisions of Law 48/2003, of November 26, of economic regime and of provision of services of the ports of general interest. The document consists of Memory, Planes and Annexes. The new delimitation of the land service area alters the existing service area, established by the Ministerial Order of 28 May 1974, which approved the "Second Reformed Project of the Service Zone". In the Memory and in the Planes the definition of uses and their assignment to the different areas of the service area is proposed, while these allocations are justified. The delimitation of waters that the Plan of use of the harbour spaces carries out modifies the existing delimitation, since it reduces its extension to the strictly necessary for the harbour operations, includes in zone II an area of anchorage for dangerous goods, excludes bathing waters, and establishes the new definition of zone I of inland waters, which comprises three details. In its virtue, on the proposal of the Port Authority of Alicante, completed the formalities required in article 96 of Law 48/2003, of November 26, of economic regime and of provision of services of the ports of general interest, I have:

First. Approval of the Plan of Use of the harbour spaces of the port of Alicante. -Approved the "Plan of use of the harbour spaces of the port of Alicante", integrated by Memory, Planes and Annexes, written in accordance with Law 48/2003 the economic system and the provision of services of ports of general interest, in which the intended uses are allocated for the different areas of the port, with the justification of their need or convenience, and the service area of the port is defined port, which includes the spaces of land and water necessary for the execution of its activities, reserve spaces and those intended for the complementary tasks of those.

Second. Distribution by area of port uses. The land service area of the port is divided into the following areas:

Commercial Utilization Area, which is subdivided into commercial and subarea use subarea for supplemental use.

Fishing utilization area, which is subdivided into a subarea of fisheries and subarea for complementary use. Area of water-sports use, which is subdivided into commercial use subarea, subarea of nautical-sport use, subarea of complementary use and subarea of non-port use. Area of use of complementary services, with complementary or auxiliary uses. Reserve space, with no allocation of use, comprised between the Barranco de Las Ovejas and the Barranco de Agua Amarga.

Third. Delimitation of the land service area and the disaffection of certain areas of public harbour domain. The delimitation of the land service area proposed in the Plan of use of the port spaces of the port of Alicante coincides with the current one, approved by the Ministerial Order of 28 May 1974, corresponding to the Second Reformed Project of the Service Zone, with the incorporation of the stretch of about 1,600 meters in length, between the Barranco de Las Ewes and the Barranco de Agua Amarga, destined for reserve space and exclusion of the following grounds:

(a) They are excluded from the service area of the port of Alicante and the land corresponding to the Playa del Postiguet and the Paseo de Gomiz, and to the road of service that reaches the area of the port of Alicante, are disaffected from the port public domain. Coconut, defined in plane 3a, with point A.

The grounds that preserve the natural characteristics of land-based maritime public domain goods as defined in Article 3 of Law 28/1988 of 28 July, of Costas will be integrated into the own use of the aforementioned domain. public. The grounds that do not preserve the aforementioned natural characteristics will be integrated into the heritage of the Port Authority of Alicante. (b) The land corresponding to the area known as 'La Cantera', and adjacent to the area of service, defined in plane 3a with the letters B to J. above, is excluded from the service area. port: those corresponding to the port platform defined with point B), of approximately 9,280 m2; the grounds of La Cantera, defined with the letters J and J2 which were expropriated for use as a quarry at the time of the execution of the works of the port. The above grounds will be integrated into the heritage of the Port Authority, which will give them the destination that legally corresponds.

Fourth. Delimitation of the waters zones. -The delimitation of zone I or inland of the harbour waters takes into account the spaces won to the sea by works and will be constituted by three docks. Zone II or exterior of the harbour waters reduces its extension with respect to the existing delimitation, while it is extended slightly in its depth and the bathing areas are excluded, as follows:

(a) Zone I or inland port waters, which is constituted by the following signs and represented on the plane 5: North Darsena, bounded by a normal imaginary line to the esplanade of dock 17 from the end of the levee levee.

Darsena Sur, constituted by the future docks 19, 21, 23, 25 and delimited by the imaginary line that joins the end of the dike and the morro of the contradique. Fishing dock, consisting of the new docks A, B, C, D, E and bounded by the imaginary line that joins the ends of the dike and is contradicted by that darsena.

b) Zone II or exterior of the port waters, comprising the rest of the Bay of Alicante, represented in plane 6, June 2006, delimited:

By the North and South of the Port, the imaginary lines perpendicular to the Levante coat dam that depart from the vertices M-1 and M-55, respectively, from the current deslinde of the Terrestrial Maritime Zone.

For the East of the Port, the imaginary line linking the Points:

P1 (I: 38º 18 '13 ", L: 000º 23' 58").

P2 (I: 38º 15 '18 ", L: 000º 27' 21").

Except for Zone II, the water spaces that have been balized as bathing areas and a strip of water next to the coast in a width of 200 meters in the beaches and 50 meters in the rest, except for the stretch of coast established as reserve space.

Madrid, July 19, 2006. -Minister of Development, Magdalena Álvarez Arza.