Law 48/2003, of 26 November, of economic regime and of 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 the 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 that will include the intended uses for the different Zones of the port, as well as the justification of the necessity or convenience of such uses, and their approval corresponds to the Ministry of Public Works. Prior to such approval, the Harbour Authority will request a report from the Administrations with competence in matters on which the plan of use of the harbour spaces can have an impact, that they will have to inform in the aspects relative to their own powers. The proposal will be forwarded to Ports of the State, who will obtain a report from the General Directorate of Costas. 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 Pasajes began to be handled in accordance with the provisions of article 15 of Law 27/1992, of Ports of the State and of the Merchant Navy. Law 48/2003 has modified some of the aspects relating to plans for the use of port spaces, which prompted the need to revise the document as established in that Law. The document of the Plan of Use of the port spaces of the port of Pasajes consists of a Memory, Planes, and the Annex 1, which is adapted to Law 48/2003, of November 26. Annex No 1 does not entail an amendment to the original proposal, but its formal adaptation to the new law. The new delimitation of the Land Service Zone alters the existing Service Zone, based on the one approved by the Ministerial Order of 23 September 1991, with the disaffection indicated in the fourth paragraph of this provision. The delimitation of the zone I or inland of the harbour waters that carries out the Plan of Use of the harbour spaces coincides fundamentally with the existing delimitation. To this Zone I is added the Zone II or exterior of the harbour waters that had not been previously defined. In its virtue, on the proposal of the Harbour Authority of Passages, 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 Pasajes. -The "Plan of use of the harbour spaces of the port of Pasajes", integrated by Memory, plans and annex No. 1, drafted according to the Law, is approved 48/2003, of 26 November, of the economic regime and the provision of services of ports of general interest, in which the intended uses for the different areas of the port are assigned, with the justification of their necessity or convenience, and delimit the Service Zone of the port, in which the necessary land and water spaces are included for the the implementation of its activities and those intended for the complementary tasks of those activities.

Second. Distribution by area of port uses. -The Land Service Area of the port is structured in five areas, which are represented in plane A-3 of Annex 1 and to which the uses are assigned:

Pesquera area, consisting of the docks of Trintxerpe, Pescaderia-1, Pescaderia-2 and San Pedro, and their respective esplanades. You are assigned the use of "fishing activity".

Area of Port Affection, constituted by the pier of Hospitalillo, the two margins of the Canal, and includes the Cala de Ondartxo, the Zone of La Herrera, the area of Lezo that includes a stretch of railway line, the Zone of Pasai-Donibane, the edge vial towards Punta Calparra and the road access to the building "Luis Tolosa", which is assigned the use of "port condition". Commercial Area, consisting of the docks and their respective esplanades, La Herrera, Clock, Advanced, Buenavista, Molinao, Capuchinos, Petroleos, Ro-Ro and Lezo 1, 2 and 3 and the harbour grounds of the banks of the River Oyarzun. It is assigned the "commercial port" use. Area of the thermal power plant, includes the dock called Iberdrola and its corresponding concession area. The assigned use is of "thermal power plant". Shipbuilding and ship repair area, comprises the Donibane pier in the Bordaladdress Zone, and includes two ports of call and two ramps. The assigned use is "shipbuilding and ship repair."

Third. Delimitation of the Land Service Zone. -The delimitation of the Service Zone proposed in the Plan of Use of the port spaces of the port of Pasajes coincides with the current one, based on the one approved by the Ministerial Order of 23 September 1991, with the exception of the amendments subsequently adopted and the provisions of the fourth paragraph.

Fourth. Disaffection. -They are disaffected from the port public domain and therefore are excluded from the Service Zone of the Port of Pasajes, the following Zones:

Zone 1. Roundabout located in the Muelle de Pescanardo 2, in the extreme northwest of the same and next to the road of communication between Trintxerpe and Pasajes de San Pedro.

Zone 2. Building located in the northern part of the Area of Port Condition, in the municipality of Pasaia, which currently houses the Tenure of Mayor of Trintxerpe and the Municipal Market. Zone 3. Plot located in the far northwest of the Port Area, next to the Gomistegi roundabout, in the municipality of Pasaia. Its intended destination is to host a municipal equipment building. Zone 4. Equipment located in the southwest end of the Port Area, most of it in the municipality of Donostia-San Sebastián, except a small triangular area that belongs to the municipality of Pasaia. Its current destination is sports equipment and free spaces. Zone 5. Construction of houses located in the southern part of the area of port condition in the municipality of Pasaia. Zone 6. Area affected by the construction of the Pasaia variant located next to the Commercial Area in the municipality of Errenteria. It is outside the port, which separates the railway line and the N-1 national highway. The rest of its limits are those of the municipality of Errenteria and the Commercial Area. Zone 7. Building called "Luis Tolosa" located on the right bank of the entrance canal in Pasai Donibane.

Fifth. Delimitation of the Water Zones. -The delimitation of the zone I or inland of the harbour waters, coincident fundamentally with the current one, is added the zone II or exterior of the harbour waters. Both are defined as follows:

a) Zone I or interior of the harbour waters, comprises all the water sheet of the bay of Pasajes and the channel of entry to it and is limited to the North by a line that joins the West end of the Arando Grande with the end This one of the Arando Chico. At the bottom of the bay, in the South, the limit of Zone I is the line formed by the alignments of the docks of La Herrera, Clock, Advanced, Buenavista, Molinao, Capuchino, Petroleos, Ro-Ro and the bank wall of the peninsula of Capuchin the mouth of the River Oyarzun.

b) Zone II or exterior of the harbour waters, comprises the surface located between the coast and the latitude of the Punta de la Turulla and by the lengths of Punta Atalayero to the West and Punta de la Turulla to the East of the Bocana de entry.

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