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. The plan of use of the harbour spaces of the Port of Santa Cruz de Tenerife began to be handled according to article 15 of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy. The Law 48/2003 of 26 November, of the economic regime and the provision of services of the ports of general interest has modified some of the aspects relating to the plans of use of the harbour spaces, which is why the necessity of review the document as set out in that Act. The document of the proposal submitted for approval is the result of incorporating into the Memory and Initial Planes, submitted in due course to public information and the reports of the relevant bodies, those modifications the information process and to adapt them to the new Law 48/2003. This proposal therefore does not imply an amendment of the initial proposal, but a formal adaptation to the new law, except for those items whose modification has been due to the processing process itself. The new delimitation of the proposed land service area alters the current service area approved by the Ministerial Order of 14 April 1993, as indicated in the third paragraph and divides the port into functional areas, to which it is assign the relevant uses. The delimitation of the area of water carried out by the Plan of Use of the harbour spaces coincides, fundamentally, with the delimitation of the water zones of the service zone of the Port of Santa Cruz de Tenerife approved by Order Ministerial meeting of 30 October 1989, as amended by Ministerial Order of 4 July 1990, with the exception of certain aspects requested by the Directorate-General for Costs. In its virtue, on the proposal of the Port Authority of Tenerife, 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. -Approved the "Plan of use of the harbour spaces of the port of Santa Cruz de Tenerife", written in accordance with Law 48/2003, of 26 November, of economic regime and the provision of services of the ports of general interest.

In the Plan the intended uses for the different areas of the port are assigned, with the justification of their necessity or convenience, and the service zone of the port, in which the spaces of land and water are included necessary for the execution of their activities, the reserve spaces and those destined for tasks complementary to those. Second. Distribution by area of the uses. -The land service area of the port, whose delimitation is represented in planes number 8, is structured in the functional areas, to which the corresponding basic uses, represented in the drawings number 6 of the document, as follows:

Area 1: The Honest. With a surface area of 53,852 m2, it is located in the southwest end of the port service area. Commercial Use is proposed.

Area 2: Maritime Park. Land with origin in old fillers, has an area of 262,885 m2. The assigned use is the so-called Compatible Usage. Area 3: Los Llanos. This area, of 138,974 m2, is made up of the land adjacent to the southern half of the darsena of the same name, also dividing into three different areas. That located next to the Maritime Park, of 27,224 m2 to which it is assigned a complementary and compatible Mixed Use; the central zone, with 74,838 m2 of surface and a Commercial and Compatible Mixed Use and the land corresponding to the dam, to whose 36,912 m2 are assigned a Commercial Use. Area 4: Link Pier. Formed by the land located to the north and northwest of the Darsena de los Llanos, it has an area of 82,836 m2. The use of the Mixed Use Nautico-Sports and Compatible is proposed as basic use. Area 5: Darsena de Anaga. Within this area, three distinct zones are distinguished. The first is the strip of land that divides the Darsena de los Llanos de la Darsena de Anaga, with a surface of 22,455 m2 and a Mixed Use Commercial and Compatible. The second area, with a surface area of 191,347 m2 and a Commercial Use, is made up of the rest of the land adjacent to that dock, except for a strip north of it. This strip, which we consider to be the third area, has a total area of 21,163 m2 and is assigned a Supplementary Use. Area 6: Valleseco. In this area, divided into four others, they are distinguished in the area further south, 26,477 m2 dedicated to the Nautico-Sports Use; a second zone formed by the land corresponding to the expansion of the shelter of the Superior School. of the Civil Navy, with 22,945 m2 of surface and a Mixed Use Nautico-Deportivo and Compatible; the rest of the coast of Valleseco, of 33,482 m2 of surface, to which is assigned a Compatible Use and, on the other side of the road, a plot of 43,306 m2 with a Complementary and Compatible Mixed Use. Area 7: The Jurada. Divided by the road in three plots of 26,661, 3,811 and 62,454 m2, respectively, all of them are assigned a Supplementary Use. Area 8: The Buffero. Formed by the land corresponding to the darsena of the same name, it is also divided by the road in two zones, one of 370,723 m2 and another of 10,114 m2 with a Commercial Use assigned to both. Area 9: Darsena Pesquera. The environment of the fishing dock is a large extension of 769,522 m2, part of it currently under construction, to which it is allocated, for the most part, the Supplementary Use. The surrounding area with the water mirror of the darsena is divided into three sections with many other assigned uses. The area further west, with 21,640 m2 of surface area, is assigned a Mixed Use Nautico-Sports and Compatible; the 33,425 m2 of the eastern half of the dock are dedicated to other Mixed Use, Commercial and Fishing, while to the end of the dam Coat, of 21,921 m2 is assigned the Nautico-Sports Use. Finally, two parcels of 3,909 and 1,736 m2, respectively, are assigned a Compatible Use. Area 10: San Andres. Next-built sports Darsena, is assigned a Mixed Use Nautico-Sports and Compatible in almost all its extension, 149,256 m2, keeping a small area of 8,682 m2 with an assigned Fishing Use. Area 11: Viary. Three uses are distinguished for the different areas of the road. The first, the Basic Viary Use, corresponds to most of the surface, of 166,913 m2. A Viary Use in subsoil and surface compatible is assigned to the 17,179 m2 of road in the area of the Link Morelle that will run in a false tunnel. Finally, a Supplementary Use is assigned in Subsoil to the 78,385 m2 of road whose surface is disaffected but in whose subsoil there are networks and facilities of the Harbour Authority and whose control is necessary. Area 12: Headquarters of the Port Authority. The use assigned to this plot, of 4,033 m2 of surface, is the so-called Supplementary Use. Area 14: Tahodio (The so-called Area 13 has been integrated into the current area 5 Darsena de Anaga). An irregular surface parallel to the so-called Tahodio ravine, with a total extension of 40,929 m2, is assigned a Complementary and Compatible Use.

Third. Delimitation of the land service area. -The service area proposed in the Plan of Use of Port Spaces of the Port of Santa Cruz de Tenerife is divided into three distinct areas and no continuity solution:

The main one, in which the four docks of the Puerto de Santa Cruz are located, extends from the area known as La Hondura to the beginning of the coastal front of the San Andrés neighborhood. Southwest of the delimitation starts from the sea, at 530 m approximately south of the boot of the Muelle of Honduras, with a northwest direction in a straight stretch of about 51 m. Next, the line turns to the northeast and runs sensibly parallel to the edge of the Way of Penetration South to Santa Cruz by the sea side in a stretch of about 110 m from which it crosses the mentioned road and develops again This time on the earth side, it is quite parallel to it. Next, the line of delimitation makes a couple of requirements inside the track and it is again positioned practically on its edge side land to where it ends the viaduct by which the Way of Penetration South. The flight of the area occupied by the viaduct inside the service area of the port is unaffected.

Next, the delimitation line orthogonally crosses the Penetration Path to run through its outer edge (sea side) practically to the area occupied by the Palmetum, at which time it goes bankrupt, at the beginning of the On the other hand, there is no question of the fact that there is a need for a common foreign policy. The Commission has also taken the view that this is a very good reason for the Commission's proposal. from that point, by the exterior of the wall side earth that delimits the same. Next, the line runs parallel to the castle of San Juan, about 30 m from the same, and then, in a straight line northeast direction, traversing the Auditorium of Tenerife to the outer edge of the sidewalk of the Way of Exit of the Port. By this sidewalk, he runs towards the intersection of this road with the avenue of the Constitution, crosses the other side of the Way of Departure to return, a distance of about 10 m from the edge of the same and parallel to it, and after making a requiebro discurre the edge of the Port of Service of the Port on its side land (outer edge of the existing fence), until past the ravine of Santos, where it separates to the side earth to adjust to the outer edge of the future tunnel through which the Via de Service of the Port in this area. From the square of Spain, at the point marked on its front by the extension of the line of berthing of the bottom of the Darsena of the Llanos, the line is situated on the outer edge (land side) of the existing gallery of services that accompanies the Port of Service. Through this border, it runs to the pedestrian access from the avenue of Anaga to the building Puerto Ciudad, at which moment, it goes bankrupt to reach the outside edge of the sidewalk of the Avenue of Anaga on its side sea, through which it runs to the dock north of the port. There bankruptcy to follow through the intersection between the north dock and the Francisco La Roche street and continue along the outer edge of the murete of the bridge that crosses the Tahodio ravine, extends a few meters to the side edge of the tunnel of the Port of Service of the Port that runs under this road, following this border until reaching the height of the corner of the building with facade to the streets José Martí and Avenida Francisco La Roche. It continues along the front line of this building on Jose Marti Street, until it reaches the adjoining building by skirting it and leaving it to recover the line in the hills of plots and facades in this street until reaching the corner more From the warehouse of the Harbour Authority, point in which the line goes bankrupt with a northeast direction bordering the closing of said warehouse and it goes back to break this time to the southeast bordering also the warehouse until shortly before its corner. From there it turns again this time to the northeast with a development of about 68 m, then turns to the southeast with three alignments of 59, 73 and 42 m, and turns to turn southwest direction until reaching the closing of the building that makes corner with the José Martí and Avenida Francisco La Roche streets, following this closure until reaching the corner of this building on Francisco La Roche Avenue. The line continues along the outer edge of the sidewalk or gutter when it exists (side land) to the path to Valleseco, crosses this path to follow the outer edge of the murete that exists on the edge of the side of the side earth, until, crossing the second path to Valleseco (further to the northeast) is entered into the existing slope with direction approximately north, with a development of about 190 m, to make another one with direction approximately northeast, with a development of about 350 m and break with a southeast direction until reaching a length of about 150 m. From this point, it goes bust and forms a bow at the rear of the existing service station until reaching the slope wall on its side edge. It continues to be drawn by this border until its term, at which time the line is adjusted to the edge of the side of the side of the earth, it is prolonged to cross the first path of access to Maria Jiménez, it follows the edge of the sidewalk to cross the second path of access To María Jiménez and to follow the outer edge of the murete of the bridge that crosses the gorge of the Bufadero and in its extension crosses the way of departure of Maria Jiménez. It continues along the existing exempt curb edge to again reach the outer edge of the existing slope wall until the false tunnel is found, from which time it runs through the outer edge of the wall of the earth side of the wall. itself. At the end of the false tunnel, the edge of the existing slope of the wall of the foot of the existing slope. At the end of this, at the exit of the existing cement silo, the line goes bankrupt in a straight direction in a sensibly north direction with a development of about 32 m, to turn the east-northeast on a straight line of about 110 m in length, again to turn sensiblemene to the north on a straight line of about 29 m, continues with a straight alignment of about 181 m in a sensibly northeast direction, follows a straight alignment of approximately 161 m with east-northeast direction with a slight turn to the east in its final part until you find the road edge of access to the existing cement factory. From this point the line extends about 47 m with a southeast direction until finding the edge side land of the path to the factory through which it runs until finding the parcel that houses fuel tanks, where it goes bankrupt by four times to wrap the same and follow the land side of this track at a length of about 79 m, at which time it goes bankrupt orthogonally to cross the coastal path of access to San Andrés and run through the outer edge of the sidewalk side by sea in a length of approximately 289 m. From this point, there is a small straight stretch that turns east with a length of about 13 m for, then, discurrrir substantially parallel to the route of the coastal path of access to San Andrés and the exterior of it, at a distance average of its edge murete of about 12 m until, in the access to the Pesquera Dock which is situated on the front of the Oceanographic Institute, it goes bankrupt to recover the outer edge line of murete of the coast line, to the point of coordinates X = 383.217.33; Y = 3.153.433.04; where the meeting of the sea is orthogonally bankrupt. In this area of the service area it is proposed the disaffection of the horizontal plane of the stretch of the road of access to San Andrés that runs inside the service area of the port (between the Royal Nautical Club of Tenerife and the area of Cueva Bermeja), maintaining the port and flight competences of the subsoil and the flight in order to ensure both the access and the permeability for the purpose of port services and controls.

Plot located in the area of Cabo Llanos. This is an irregular quadrangular plot, whose side is cute with the outer edge of the sidewalk of the Constitution Avenue in a length of 230 m approximately, to the north linda with the sidewalk of the Calle Santa Cruz in a length of about 146 m, the west boundary is made up of a line of about 169 m in length and the southern limit by a line of about 34 m in length.

Plot in Avenida Francisco La Roche, headquarters of the Port Authority. The lines of this plot, which are very rectangular, are: to the southeast, the outer edge of the murete that separates the sidewalk from the parterns that are in front of the main facade and the rest, the kerbs that delimit the road that surrounds the building, This viary is understood within the plot.

Fourth. -Affectations. -Those land gained from the sea by strictly port works are incorporated into the Port Service Zone and the four plots described below are affected:

plot 1 '. -divided into two parts, the first of which corresponds to a triangular-shaped terrain, integrated in the parking lot of the Santa Cruz Maritime Park, with an area of eight hundred and four square meters (804 m2), which is beautiful to the north and west with the viarium of the Maritime Park, of municipal competition, and to the south with the service area of the Port dedicated to the Marine Park. The second, fifty-four square meters (54 m2) of surface, also in a triangular shape, is located 400 m south of the first and beautiful north with the Via of Penetration south and south and east, with the service area of the port.

Plot 2 '. -Parcela integrated in the facilities of the Santa Cruz de Tenerife Maritime Park. It has a surface of six hundred and fifty-six square meters (656 m2) and it is an elongated strip that borders, to the north, south and east, with the area of service of the port dedicated to the Marine Park and to the west, with road of the Marine Park Municipal competence. Plot 3 '. -This area has two parts, both of which are included in the areas affected by OM of 14 April 1993 and which it is deemed necessary to reinstate. Plot 3.1., land occupied by the way of departure of the Port of Santa Cruz, which borders on the south with the building of the Auditorium, with an extension of fifteen hundred and seventy five square meters (1,575 m2). Plot 3.2., five thousand two hundred and nineteen square meters (5,219 m2) of extension, affected by the project of the area of the Muelle de Enlace. Zone 13 '. -Parcela of elongated form of road edge, with a surface of six thousand six hundred and eighty one square meters (6,681 m2), which borders on the north, east and west with the road of San Andrés and to the south, with the service area of the port.

Fifth. Disaffectations. -They are disaffected from the harbour public domain and are excluded from the service area of the Port of Santa Cruz de Tenerife, the following plots:

Plot 1. It is divided into two subplots: the subplot 1.1. incorporated in fact into the road system of Santa Cruz de Tenerife (Via of Penetration by the South), has a surface of four thousand three hundred and thirty-seven square meters (4,337 m2) and linda, to the north and south, with the Penetration path, to the east with the service area of the port and to the west, with subplot 1.2. Subplot 1.2 forms part of the road and free spaces ordered by the Parcial Plan of the Cepsa-Disa Poligono (PGOU's La Salle Area), measures three thousand nine hundred and thirty-six square meters (3,936 m2) and borders on the north, south and west, with land of the Spanish Company of Petroleum and the East with the Way of Penetration.

Plot 2. Also divided into two subplots, the first of them, subplot 2.1., with eleven thousand and two square meters (11,052 m2) of surface, has been incorporated into the road system of Santa Cruz de Tenerife (Via de Penetration by the South), it is beautiful to the north with the road system and free spaces ordered by the Parcial Plan of the Cepsa-Disa Poligono (PGOU's La Salle Scope), south with the service area of the Port and east and west with the Penetration Path itself. The second, subplot 2.2., has an extension of one thousand seven hundred and twelve square meters (1,712 m2) and is beautiful to the north and west, with land of the Spanish Company of Petroleum and, to the east and south, with the Way of Penetration. Plot 3. With an area of eight hundred and seventy-eight square meters (878 m2), incorporated in fact into the urban public road of the Special Plan of the Marine Park, beautiful to the north, south and east, with land of the service area of the Port and to the west, with the inland waterway of the Maritime Park. Plot 4. With a surface of ninety square meters (90 m2), incorporated in fact into the urban public road of the Special Plan of the Marine Park, beautiful to the north, south and east, with land of the service area of the Port and to the west, with the interior of the Maritime Park. Plot 5. Irregular plot, of four thousand and forty square meters (4,140 m2) of surface, beautiful to the north and west with the public square adjacent to the castle of San Juan and, to the east and south, with the area of service of the Port. Plot 6. Pedestrian public road located in front of the solar occupied by the headquarters of the Port Authority of Tenerife. It has a surface of six hundred and fifty two square meters (652 m2), it is beautiful to the north, east and south with public road and to the west, with the service area of the port where the headquarters of the Port Authority is deployed. Plot 7. It is divided into two subplots, one occupied by dwellings and another one incorporated in fact to the city road. The first of these, with two thousand eight hundred and thirty-five square meters with twenty-five-square-tenths (2,835.25 m2) was affected by the public domain and assigned to the Board of Houses for Officials by Order approved in Council Ministers of 20 August 1964. This was not the case in the Ministerial Order of 14 April 1993 which established the area of service currently in force, and it is now necessary to formalise this fact. The remainder of the parcel which is unaffected, not included in the Order of 20 August 1964, forms part of the road of the city, with an area of nine thousand seven hundred and eighty-one square meters with seventy-five-square-tenths (9,781.75 m2) whose linderline, in its longest stretch, from west to east, is formed by a broken line that follows the shape of the street José Martí and, in this last cardinal, remains at an almost straight angle to the south, being integrated in the avenue of Anaga or Francisco La Roche, bordering the North with the service area of the Port and with the plot described above, to the east with the service area of the port, to the west with the continuation of the street José Martí and, to the south, with the ravine of Tahodio and the road of the city. Plot 8. Land of seven hundred and nineteen square meters (719 m2) on which a service station called "Anaga" has been built. Located in the place called Paso Alto, between the Via Litoral of the Port and the foothills of the Mountain of the Height, left over from public, cute: by the east or front, in line of fifty meters with the coastal path of the Port; by the east and north, which is the bottom of the station, with the Mountain of La Altura and in the south, with the coast of the port. Plot 9. It contains two distinct parts. Sub-plot 9.1. Plot of six thousand hundred and eighty-five square meters (6,185 m2) of surface, currently dedicated to public, beautiful to the north and south with public route, to the east with the service area of the port and, to the west, with lands of particular mentioned with the cadastral number 292 of the Poligono 12,262. Subplot 9.2., located in the area of Cueva Bermeja, is occupied by industries settled on land of particular property that, although they were incorporated into the Service Area of the Port, never belonged to the port public domain by the expropriation procedure has not been initiated. It corresponds to the plots included in the Catastral Polygon 11,253 with the numbers 1, 2 and 4, with a surface of twelve thousand eight hundred and ninety-eight square meters (12,898 m2). The designated number 3, occupied by fuel tanks on a concession basis, remains in the service area. Plot 10. Adjacent to the beach of Las Teresitas, it retains the characteristics of terrestrial maritime public domain, so it integrates into it. It has a surface of twelve thousand nine hundred and ninety-one square meters (12,991 m2). Plot 11. It raises a building of cultural interest that shared some old spa facilities and a workers ' union residence. With a total area of ten thousand and seventy-one square metres (10,071 m2), the nine hundred and seventy-six square metres with sixty-five-square-metres (976.65 m2) awarded in concession by OM on 9 December, is a part of the nine-hundred-and-seventy-square metres. From 1963 to the then existing Provincial Delegation of Trade Unions and, subsequently, to the Autonomous Community of the Canary Islands, by transfer of rights, on the other hand, of two thousand five hundred and fifty-seven square meters with thirty-five tenths squares (2,557,35 m2) of land gained from the sea, and finally, the six thousand five hundred and thirty Seven square meters (6,537 m2) remaining of plot 11 reflected in the plan 5.2. of the Plan of Use, are of ownership of the Autonomous Government of the Canary Islands, attached to the Department of Economy and Finance, Directorate General of Heritage and Recruitment. Plot 12. This plot, of two thousand and two thousand square meters (2,152 m2), comes from the attachment to the Port of Santa Cruz de Tenerife, by Decree 541/1974, of February 14, of the real estate known as Bateria del Bufadero. Linda to the north, with the road from Santa Cruz de Tenerife to San Andrés and with grounds of the Union Residence, to the south with said residence and the road of San Andrés, to the east with harbour service area and, to the west, with the already mentioned road to St. Andrew. Plot 13. This is a square of quadrangular terrain, of variable width, located in the CEPSA-DISA Poligono and incorporated in fact to the urban public road of the Via of Penetration South, whose longest lines are the line east of the plot, incorporated into the service zone by OM of April 14, 1993, and the inner edge of the sidewalk side land of the Southern Penetration Path. Its total area is five thousand nine hundred and ninety-seven square meters (5,997 m2). Viario.-The land occupied by the road worker outside the port and subject to administrative powers different from the Port Administration is disaffected, with the following criterion: in the case that the road does not set the limit port, that is to say, that the land located on the other side is maintained within the port area, the horizontal plane of the road is disaffected, maintaining the competences of the subsoil and the flight, in order to assure both the accesses and the permeability for the purpose of services and controls. The road that is the object of disaffection in the surface plane, with reserve of the subsurface and of the flight, has a total surface of eighty-six thousand eight hundred and fifty-one square meters (86,851 m2). If the route in question runs on a high plane, the lower port area is maintained, thereby affecting the plane of the flight through which the road runs. This is the case of the Highway of Link Penetration South, which is introduced in the port area by its airspace, with an area of fourteen thousand two hundred and sixty-six square meters (14,266 m2), so it remains within the zone of harbour service the ground located under the highway. Finally, the road that is affected without any limitation has a surface of thirty-one thousand three hundred and fifty-six square meters (31,356 m2).

Sixth. Delimitation of the area of water. The delimitation of the water zone is defined as follows:

(a) Zone I, or inland port waters: is the area of waters bounded by the coast, the shelter dikes and the defined straight lines, one by the morro of the dock of the Dock of Fishing and the vertex formed by the first and second alignment of the eastern dike, another by the mores of the eastern dike and the south-spring dike and the last one, by the mores of the levee of Los Llanos and the external dock of defense of the darsena of this name. Also considered are the waters included between the arc that forms the sea-protection-exempt dam to the north of the Dock of Fishing (Anaga Marine Park) and the most extreme points of the works that constitute the marine.

b) Zone II or exterior of the port waters: it is the zone of water that is left to one side and to another of the basic line defined by the Puntas Pachona, to the south, and of the Roquete, to the north, and that has the following extension:

To the NO of that line, all the space between it and the coast, with the exclusion of the waters defined as Zone I, of the waters of the strip 200 m wide from the coast between Punta Calderillo del Agua and Punta Pachona, and of the waters between the bathymetric -10 and the coast between the southern end of the levee exempt from the protection of the Beach of the Teresitas and Punta del Roquete.

To the SE of the basic line, the waters of the rectangle which, with it as base, has a height of two nautical miles.

Madrid, July 13, 2006. -Minister of Development, Magdalena Álvarez Arza.