The port of Barcelona, in the general interest of the State pursuant to Article 5 and paragraph 9 of the Annex to Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, managed by the Port Authority of Barcelona, under Royal Decree 1590/1992 of 23 December 1992, is currently subject to a process of profound transformation resulting mainly from the execution of a set of port works and infrastructures and the implementation of the The project of the Logistic Activities Area through the so-called "ZAL 1 phase", already fully implemented operational, and "ZAL 2.a phase".

However, it is to be borne in mind that the transformation of the port of Barcelona does not constitute an isolated operation, but is part of a set of actions collected, in addition to other agreements, in the so-called Convention Cooperation in Infrastructures and the Environment in the Delta of the Llobregat, signed on April 16, 1994, by the then Ministry of Public Works, Transport and Environment, the Generality of Catalonia, the Consell Comarcal del Baix Llobregat, the Commonwealth of Municipalities of the Metropolitan Area of Barcelona and the Ayuntamos de Barcelona and El Prat de Llobregat. This Convention pursued the development and configuration of a part of the Llobregat Delta as a major logistics platform in the south of Europe, through a series of urban planning and infrastructure projects. The development and adequacy of the two basic equipment of the area, the port and the airport of Barcelona, with the construction of new road and rail communications, the diversion and the channelling of the riverbed Llobregat, or the construction of the water treatment station of El Prat de Llobregat, all with the Maximum respect for the overall balance of the Delta ecosystem.

A consequence of this, is the need to approve the Plan of use of the harbour spaces of the port of Barcelona as one of the instruments necessary for the execution of the agreed, as part of the projects and Agreed actions are directly related to the port management carried out through the Plan of Use.

To this effect, Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, establishes in its article 15 that the Ministry of Public Works will delimit in the ports of state competence a zone of service that include the water and water supplies necessary for the execution of its activities, those intended for tasks complementary to those and the reserve spaces that guarantee the possibility of development of the port activity. The delimitation of the service area will be made, on the proposal of the harbour authority, through a plan of use of the harbour spaces that will include the intended uses for the different areas of the port, as well as the justification of the the need or convenience of such uses.

The approval of the Plan of use of the harbour spaces corresponds to the Minister of Development, previous report of Ports of the State, the Directorate General of the Coast and the urban administrations on the aspects of its competence, as well as of the other ministerial departments and public administrations concerned, and shall imply the declaration of public utility for the expropriation of private property, as well as the affectation to the use of the goods. port of public domain goods included in the area of service that are of interest for the port.

In accordance with the provisions of the aforementioned precept, the Plan of use of the harbour spaces of the port of Barcelona, in which the needs of sheltered waters, lines have been taken into account, has been formulated and processed and land areas that are necessary to be able to properly address the demand for port traffic in the coming years.

The land area of the service area of the port of Barcelona had been defined as established by the repealed Ports Act of January 19, 1928. The first extension of importance is produced under Law 102/1965, of 17 July, which integrated the inland port of the Zona Franca in the area of the port of Barcelona and attached to its Board of Works the land belonging to that included in the new delimitation of the zone of service of the port, whose project was approved by Order of the Ministry of Public Works of July 13, 1966, and that it assumed the affectation to the harbour public domain of a surface of 222 hectares.

The approved service area comprised the entire old zone according to the unlinde effected on April 22, 1911, which began on the beach of the Vella Sea, following the National Walk (currently Paseo Juan de Borbón), Plaza de Palacio, Calle de la Paz, Paseo de Colón and road from Casa-Antunez to the grounds of Esparo (currently the Teco Morrot station). From this end, it was following the boundary of the land-land area, as approved by the Royal Order of 20 September 1928, until the CAMPSA factory (currently CLH) passed, to continue after along the road of bypass (section V) until you reach 100 meters of the current Litoral round, following its layout and by means of another alignment parallel to SEAT and 40 meters away, that is, by the east boundary of the highway number 1 of the Zona Franca (current Street A), which was outside the service area; finally, the limit for the extension was closed until the sea of the north margin of the second alignment of the highway number 1 of the Zona Franca (approximately the extension of the current street number 3).

Later, the service area of the port was extended by the Order of the Ministry of Public Works of March 20, 1974, which included in it land owned by the Consortium of the Franca Zone of Barcelona with an extension surface area of 128 hectares. The limit was the same as the one defined in 1966, extending along the street A of the Zona Franca, excluding the sector M of the same, until crossing the right margin of the river Llobregat and from there, closing the service area, for a line parallel to the current southern boundary of the Zona Franca to the sea.

The third major extension of the service area was approved by the Order of the Ministry of Public Works and Transport of 14 April 1993, which increased the area defined by the Order of 20 March 1974 on a approximately 200 hectares located in the municipality of El Prat de Llobregat, and demarcated, to the northeast, by the limit of the service area; to the southwest, by the left margin of the future riverbed of the river Llobregat; to the southeast, by the Mediterranean Sea in its entirety, and to the northwest, by the axis of the current 114th Street of the Pratense Poligono, such as is reflected in the I2 plane. The total area was 803.3 hectares.

For its part, the waters of the port were defined for the purpose of tariffs by the Order of the Ministry of Public Works of 23 December 1966, being divided into two zones. Zone I is the one between the edge of the water mirror on the side of the earth, and the outer dikes of coat by the sea side, closing down the side of the port of the port, according to the straight line that joins the extreme beacon lights of the Two dikes, when one of them is in extension, is taken as a reference to the buoy which points to the end of the works. Zone II comprises a half-mile-wide strip from the coast bounded to the north and south by lines parallel to the axes of the mouths of the rivers Besos and Llobregat, respectively, half a mile away. The current delimitation of the waters of the port has been graphed in the I3 plane.

The land area of the service area of the port defined by the Plan of use of the port spaces approved by this Order has its origin as defined by the Order of 14 April 1993, in force in the In addition to the delimitation of the waters of the port described above, in virtue of the additional provision of the Law of Ports of the State and the Merchant Navy, although it experiences some modifications deriving from the incorporation of a plot located in the area called Can Tunis Nou, in order to improve the access to the service area of the port, and the exclusion of land destined for the sewage treatment plant next to the left margin of the diverted Llobregat river and the future Municipal Waste Treatment Plant, and of which, occupied by certain industries, had included in the service area by the Order of 1993, which has not been implemented at this end.

Likewise, the delimitation of the harbour waters undergoes three modifications of importance, as it is reduced by the north to leave the Olympic Port, to be extended by the south to reach the new channel of the river Llobregat and extend generally up to two miles in width.

In its virtue, on the proposal of the Port Authority of Barcelona and in accordance with the provisions of article 15 of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy, I have:

First.-The "Plan of use of the harbour spaces of the port of Barcelona", integrated by its Memory and the corresponding plans, which includes the intended uses for the different areas of the port and the justification of their need or convenience, as well as the delimitation of their service area, as set out in the abovementioned Plan of Use, which includes the areas of land and water necessary for the implementation of their activities, intended for tasks complementary to those and spaces for equipment. The service area of the port is reflected in the O1 plane.

Second.-The land area of the service area affects the municipal terms of Barcelona and the Prat de Llobregat, and is basically the same as that approved by the Order of 14 April 1993, described above, although experiences some changes that are reflected in the following sections. This service area is structured in three distinct areas, which are assigned the precise port uses, and which are as follows (as they are shown on the O2 plane):

1. The commercial port.-It has an approximate surface area of 435.4 hectares. Its territorial scope is delimited by the limits of the so-called "Port Vell" and the Logistic Activities Zone (ZAL), by the own dividing line of the port sector or boundary of the service zone and the Mediterranean Sea. The permitted uses are the own of the port commercial activities, the operations of stowage, destowage, loading, unloading and storage of goods of any kind, in volume or form of presentation that justify the union of means (a) mechanical or specialised installations, as well as industrial activities related to maritime traffic, shipbuilding or multimodal transport, and passenger traffic is also permissible.

The supported uses and activities are reflected in the O3 plane.

The Plan of use of the port spaces contains a relation of works and performances to project and execute in this zone, that will allow to increase the scope of the commercial port, as required by the evolution of the demand, on an approximate surface of 206.2 hectares, with the possibility to continue growing. These actions are reflected in the I7 plan.

2. The Citizen Port.-This area includes the so-called "Port Vell" and the "Bocana". The first one has an area of 55.6 hectares, it is located in the oldest part of the port and its physical limits are defined by the own line of the port sector or limit of the service area, on the one hand, and, on the other, by two lines, one of them that passes through the axis of the street of service of the dock of Catalonia and another one resulting from the extension of the south side of the dock of Barcelona, as it has been graphed in the plane O4.1.

"Port Vell" has a special plan for the management of the approved port space, the "special plan of the Port Vell", for whose implementation eleven areas of action were defined with their corresponding uses. These uses are nautical-sports, passenger traffic, activities not strictly commercial-port, although complementary to these, hotels, services, or cultural and recreational equipment, justified by the citizen structure of the zone, the development of the port to the south and the absence of negative impact on the harbour commercial exploitation. The areas of action and the main uses established by the special plan have been reflected in the plan I8 of the plan for the use of port spaces.

For its part, the "Bocana" has an approximate surface of 13.9 hectares and is resulting from the works of coat of the new port of the port previewed in the dock of Levante. The uses and activities assigned to this area, which will be developed through a special plan, are those of cultural and recreational equipment, certamenes and exhibitions, in coherence with its proximity to the "Port Vell", since it does not is detrimental to the development of port traffic operations. Their situation and limits are reflected in the O4.2 plane.

3. The logistic port.-Comprises that part of the port dedicated especially to center of intermodal distribution of goods specialized in the logistic treatment of the marine traffic and its surface corresponds with the lands in which it is the port, part in 1974 and mainly in 1993 (plane O5). The uses will be the own of the activities of storage and distribution linked to the harbour activity, as well as of offices associated to the previous ones, admitting the realization of light industrial activities of final assembly and the prior to distribution, such as quality control, packaging and labelling, classification of products and other similar, as well as those of complementary service to the main activity, and its detailed planning will be carried out through a plan special.

The development of this zone will be carried out through two phases called ZAL 1.a phase and ZAL 2.a phase. The first, with a surface of 66.5 hectares, is already in service and fully operational; the second, with an approximate extension of 166.7 hectares, will be ordered through the aforementioned special plan (plane P2).

Third.-The following grounds are incorporated to the land area of the service area of the port of Barcelona:

A part of the scope called "Can Tunis Nou", delimited by the Litoral round and its accesses, the limit of the service area until now in force that runs next to the road of bypass section V and the beginning of the walk of Can Tunis. The object of the incorporation of this plot to the area of service of the port is to undertake the railway access to the South dock from the station of classification of Can Tunis, to improve the road accesses through the Gate 28 and to make possible the creation of an area related to the land transport well communicated with the access to the port between Gate 28 and Gate 29. The approximate area of the land is 4 hectares.

Fourth.-They are excluded from the land area of the service area of the port of Barcelona, as it is not necessary for the port service, the following grounds:

(a) Area reserved for the future purification station next to the left margin of the diverted Llobregat river, as defined in the "Special Plan of the Prat de Llobregat plant". The water treatment plant has an area of 41 hectares, of which 36.7 hectares are located within the service area of the port approved by the Order of 14 April 1993, of which they are excluded.

b) The area reserved for the future Municipal Waste Treatment plant, known as "Ecoparc". The abovementioned area was affected by the Order of 20 March 1974 in the port of the port.

This is a surface area of 63,000 square meters with an approximate circular sector. It bordered by the southwest with block A. 1 of the ZAL 1.a phase at a length of 261,05 meters; by the southeast, with the street of l' Artic at a distance of 10,4 meters from the axis of that street in a length of 258,74 meters; by the northeast, with the the ideal extension of the valley of the ZAL and a distance of the same of 6 meters in a length of 80,37 meters, and from here parallel to the existing railway track and a distance of 5 meters from its nearest lane in a length of 136.26 meters, starting from this point a circular sector that palm with the northwest limit of the surface; by the Northwest, and considering the initial southwest, with the nearest lane of the existing railway track and a distance of 9 meters of the same one in a length of 133,02 meters, starting from that point the circular sector that palm with the limit final northeast, described above.

c) The following registered farms, which were included in the service area of the port by the Order of 14 April 1993, not executed at this end:

Finca registral 18.575-N. Area: 100,154 square meters.

Finca registral 26,166. Area: 20,338 square meters.

Finca registral 21,449 and part of 18.573-N. Area: 99,541 square meters.

Register farms 18.593-N, 29,265, 29.267 and 29.269. Total area:

37,302 square meters.

Fifth.-The water surface included in the service zone is defined as follows:

Zone I, or interior of the harbour waters, which will cover those included inside the coat dams and which, therefore, coincides at the present moment, with the current one, described above. It has an approximate area of 374 hectares.

Zone II, or exterior of the port waters, which covers the zones of entry, maneuver and possible anchorage, subsidiary of the port and subject to tariff control, and which happens to be delimited as follows: Strip parallel to two miles to the coast line between the spillway axis of the street Geneva located north of the port and the axis of the river Llobregat once diverted, in accordance with the geographical coordinates collected at the O1 plane.

The area of waters of zone I and the imaginary lines that divide both zones of waters will be adapted, according to the provisions of article 15.7 of the Law of Ports of the State and the Merchant Navy, as it is build the planned new infrastructure and shelter works. The total area of the waters of the port included in the service area shall not be affected by any variation.

Madrid, 30 December 1999.

MONTALVO ARIAS-SALGADO

Excmo. Mr Secretary of State for Infrastructure and Transport and illustrious President of the Public Ports of the State and President of the Port Authority of Barcelona.