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Order Fom/2283/2012, 28 September, Which Approves The Valuation Of The Land And Water Of The Service Area Of The Ports Of The Port Authority Of The Bay Of Algeciras.

Original Language Title: Orden FOM/2283/2012, de 28 de septiembre, por la que se aprueba la valoración de los terrenos y lámina de agua de la zona de servicio de los puertos dependientes de la Autoridad Portuaria de la Bahía de Algeciras.

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TEXT

The Public Body Ports of the State has referred to the Ministry of Development, for its approval, the proposal of valuation of the land and water of the service area of the ports managed by the Harbour Authority of the Bay of Algeciras, which have the status of ports of general interest and are of exclusive competence of the General Administration of the State in accordance with the provisions of Article 4 and Annex I of the Royal Decree Legislative 2/2011, 5 of September, for which the Recast Text of the Law of Ports of the State and the Merchant Navy is approved, in relationship to Article 149.1.20. of the Constitution.

The determination of the value of the land and the waters of the service area of the port is necessary to calculate the amount of the occupation rate that will be stopped in favor of the Harbour Authority for the occupation of the domain port public by virtue of authorization or concession, since, according to the provisions of Article 175 of the Recast Text of the Law of State Ports and the Merchant Navy, the tax base of the charge is the value of the good of the domain public busy.

The proposal to evaluate the land and water has been formulated by the Port Authority of the Bay of Algeciras, including, among the necessary background and studies, an economic-financial memory. This proposal, which was dealt with under the then current Law 48/2003 of 26 November, has been submitted to public and informed information by the then Ministry of Economy and Finance and by the Public Body Ports of the Status.

As provided for in Article 19 (3) (a) of Law 48/2003 (which coincides with the regulation contained in the current Article 175 of the Recast Text of the Law of State Ports and the Merchant Navy, approved by Royal Decree-Law 2/2011 of 5 September 2011, the value of the land will be determined on the basis of market criteria. To this end, the service area shall be divided into functional areas, assigning to the land included in each of them a value by reference to other land of the municipal term or the municipal terms nearby, with similar uses to each the area, in particular those qualified as commercial, industrial or logistic use and for the same or similar activity, taking into consideration the appropriate use. In addition, in the case of functional areas destined for terminals and other facilities for handling goods, the value of port areas that could be alternatives for the traffic of the port should also be taken into consideration. In addition to this reference value, in the final assessment of the land in each area, account must be taken of the degree of urbanisation in the area, the connection with the different transport modes and transport infrastructure, its maritime accessibility. and land and its location and proximity to port infrastructures, in particular, to docking facilities and sheltered areas.

Regarding the assessment of water, point (b) of the same precept stated that the value of the water spaces included in each of the functional areas in which the service zone of a port is divided determine by reference to the value of the land in the areas of the service area with similar purpose or use or, where appropriate, to the nearest land. It also provides that the assessment must take into account the conditions of shelter, depth and location of the waters, without being able to exceed the value of the reference grounds.

The land of the service areas of the ports managed by the Port Authority of the Bay of Algeciras have been divided into functional areas as follows:

1. In the Bay of Algeciras:

1.a) Darsena de Algeciras:

The service zone that is part of this darsena has been divided into the following areas:

1.a) .1 Darsena of El Saladillo (A-1).

Comprises the spaces associated with the dock of the sports boats of El Saladillo, composed of several plots with different uses, as well as, moreover, the area that includes the grounds that surround the installations of varada and repair of existing boats in Isla Verde.

1.a) .2 Green Island Logistics (A-2).

It consists essentially of the part of the platform of Green Island not supported on the dock and inside to the inner and outer terminals, being constituted by the lands located to the South of the start of the road of penetration in its western part, by a package of soil located at the rear of the Muelle de Isla Verde Interior, by two parcels currently occupied by liquid deposits, on both sides of the road, by a plot located to the bottom of the ports of call and by another the plot in which the sewage treatment plant in the city is currently located.

1.a) .3 Inner Green Island (A-3).

It is made up of the bulk of the platform located on the docks of Isla Verde Interior and Prince Philip, limiting the West with the main road linking the North and South accesses to the harbour.

1.a) .4 Outer Green Island (A-4).

Formed by a large esplanade located to the East of the above, on land gained from the sea and protected by the Exento Exterior dam.

1.a) .5 Paseo de la Hispanidad-Institutional Zone (A-5).

This area includes the strip of land on the edge of the service area to the city on the Maritime and Conference Pages from the so-called Yellow Llano (zone A-10) to its extension to the roundabout of the Varadero, as well as the land occupied by the road knot associated with the access of the port.

1.a) .6 Juan Carlos I Terminals (A-6).

The area covers the bulk of the port platform formerly known as El Navio, dedicated from its first phase of expansion to the movement and storage of containers, limiting to the south, through broken line, with the area next called the Galera's Muelle.

1.a) .7 Galera's Muelle Passenger Terminal (A-7).

It is the space gained to the sea, in which the transit of travelers has been concentrated. From this area, with a sensibly rectangular shape, an extension born with a sense to the north, starts the large esplanade that houses the grounds that serve the pier Juan Carlos I (zone A-6) and the auxiliary vessels. It also hosts the current Border Inspection Point facilities.

This area comprises the spaces currently dedicated to serve as a base for the traffic of passengers and the Ro-Ro, mainly the traffics of the Strait. It comprises the Maritime Station, with its facilities and associated buildings (parking, offices, walkways), and the Border Inspection Post (PIF), which controls the traffic of goods on wheels of the Strait.

1.a) .8 Auxiliary craft Pier (A-8).

The area includes the narrow strip of land located on the platform of the Juan Carlos I pier and located to the west of the main road that runs it longitudinally, from the North access to the station of the Station Maritime.

1.a) .9 Fishing Darsena (A-9).

The area includes the set of docks and esplanades destined for the fishing activity located in the bottom of the darsena, bounded to the south and east by the road of access to the Muelle Juan Carlos I and, to the west, by the Institutional Zone and by the Yellow Llane.

1.a) .10 Yellow Llane (A-10).

Area with a sensibly trapezoidal way to the sea, which delimits to the west with the city, to the south with the Institutional Zone and to the north with the Pesquera Dock, which is traditionally dedicated to parking and uses several of the city, as well as being a reserve zone for Operation Strait Pass.

1.a) .11 Bay, Industrial Commercial (B-1).

The area is constituted by port platforms for unloading, mainly solid bulk of two industrial factories, Endesa, dedicated to the commercialization of coals, and Acerinox, to the production of stainless steel. It borders on the west, with a 200-meter stretch of natural coast, which serves as a transition to the Palmons Beach, included in Costa Reserva (C-R).

1.b) Camp Darsena:

This is a platform that has specific facilities for ship repair, a dock where commercial operations can be carried out or construction of drawers and other maritime structures, and wide areas for almost any type of traffic. This darsena is divided into the following areas:

1.b) .1 Commercial Zone (C-1).

The wider area, located at the eastern and southernmost end of the dock, which includes the coat-free dike, dedicated to general merchandise, ro-ro, containers and special constructions.

1.b) .2 Supplementary Logistics (C-2).

This is a band of land, located in the north of the Darsena, which is located in the urban core of the slum of Camp, belonging to the municipality of San Roque.

1.b) .3 Repair zone (C-3).

Area to the west of the dock and associated with the ship repair dam.

1.c) The Line Darsena:

It is configured by the port facilities that are located in the municipality of La Línea de la Concepción, delimited by the contours of the shelter, dike and counter works, in addition to the associated platform defined for the esplanades annexed to these infrastructures. This darsena is divided into the following areas:

1.c) .1 Commercial Zone (L-1).

Constituted by the platform projected in the levee of Levante, as well as at the beginning of this one. Also part of this area is the parcel between the access to the port and the entrance to Gibraltar, and the esplanade and docks that are further to the southwest attached to the Levante dam.

1.c) .2 Nautical-sports Zone (L-2).

Formed by the existing surface between the counter and the Commercial Zone (L-1) and the Non-Port Zone (L-3) described below.

1.c) .3 Non-port area (L-3).

It is constituted by a central platform, attached to the levee of Levante, annexed to the city and to the west of the road of access to the harbour enclosure, to limit with the nautical-sports zone.

2. Port of Tarifa service area:

The port is built on a small natural darsena facing south, being surrounded by the urban area of the city of Tarifa, enjoying the natural protection that the island of Las Palomas offers. which is currently joined to the ground by an isthmus in which a vial of access has been constructed.

For purposes of this assessment, it is divided into the following areas:

2.a) Passenger Terminal (T-1).

Formed by the land on which the Maritime Station and its surroundings are located, in the easternmost part of the port, including the shelter dam.

2.b) Fishing and Nautico-sport (T-2) Darsena.

Constituted by the land and facilities that are further south of the darsena.

3. Reserve Coast (C-R):

This area is constituted by the land of the coast included in the service areas of the Port of Algeciras and the Port of Tarifa, which form a band of limited width destined, well to the future construction of port infrastructure, either to ensure that a holding unit is maintained over the adjacent waters and docks. It is distributed as follows:

3.a) North Access-Laddillos Beach:

This is a strip of land of little width and almost a kilometre of length located on the coast in front of the Auxiliary Boat Pier, near whose northern end the northern access bridge starts port.

3.b) Punta de San García:

This is a narrow natural coastline that extends along the coast, from El Saladillo to the Punta de San García, where it expands considerably.

3.c) Industrial Bay:

Constituted by the stretch of natural coast located to the West of the Industrial Bay Area (B-1).

3.d) Camp Guadboot:

Constituted by a narrow strip of land, corresponding to the public maritime-terrestrial public domain, on which no port platforms have been built, but which, in its central section, serve as a support for installations for the discharge and loading of liquid bulk.

3.e) Rate:

Stretch of coast to the east and southwest of the docks of that port.

The water spaces included in the proposed valuation are as follows:

1. Zone I or inland port waters:

1.a) On The Line Darsena:

Comprises the sheltered water sheet that delimits the docks and docks and a virtual line that joins the end of the dam (287154.54 and 4004337.31 in U.T.M. coordinates) and the counterbalance (287693.92 and 4004441.63 in coordinates). U.T.M.).

1.b) In Camp Darsena:

Comprises the water sheet delimited by a polygonal defined by the northeast end of the platform (286578.93 and 4004930,82, in U.T.M. coordinates), the ends of the exempt dam projected (286336.27 and 4004700,48, and 285453.47 and 4005433.72 in U.T.M. coordinates), the southeast end of the platform (285797.94 and 4005603.90 in U.T.M. coordinates), the pant tips (285822.68 and 4006385.23, and 285860.80 and 4006463.85 in U.T.M. coordinates) and the latter's projection on the coast (285969.82 and 4006519,80 in U.T.M. coordinates).

Zone I shall not be considered as the surface sheltered by the projected free levee until it is built.

1.c) In Algeciras Darsena:

Comprises in Algeciras the water sheet defined by the docks and coastline and the polygonal composed by the southeast end of the new platforms projected in Isla Verde Exterior (282109.85 and 4000169.97 in coordinates U.T.M.), the coat-free dike of the aforementioned platforms (282522.81 and 3999792.60, and 282510.60 and 4001813.19 in U.T.M. coordinates), the northern end of the extension of the Green Island dam, a point located at the intersection of the line imaginary defined by the above two and a normal line to the coast at the northern end of the service in Algeciras (281319.90 and 4003858.69.31 in U.T.M. coordinates) and the northern end of the service area in Algeciras (280150.99 and 4003925.39 in U.T.M. coordinates).

Also includes the sheltered darsena of El Saladillo, defined by its docks and by an imaginary line that joins the ends of the dam (280788.37 and 400000080.74 in U.T.M. coordinates), and of the contradique (280935.02 and 400000058.26 in U.T.M. coordinates).

1.d) In the Port of Tarifa:

Comprises the sheet of sheltered water defined by the springs and by an imaginary line, perpendicular to the last section of the Sacred Heart Dique, which joins the end of the Sacred Heart (265471.38 and 3988009.79, in U.T.M. coordinates) and the point located on the exterior of dock 1 (265324.20 and 3988181.05 in U.T.M. coordinates).

2. Zone II, or outside of port waters:

Comprises the water sheet bounded by the coast line, the parallel passing through the end of the west of the Spanish Military Field, the parallel passing through the lighthouse of Punta Carnero and the meridian that passes through the central bank of the "Gibraltar" refinery, until it meets the two previously defined parallels, excluding the areas of water included in Zone I described in the previous section and also being excluded the first 200 meters of water, measured from the Baja Mar Viva Equinoccial, in front of the stretches of coast of the Bay of Algeciras not belonging to the land service area of the Port of Algeciras.

The valuation proposal has been drawn up and processed in accordance with the provisions of Article 19 of Law 48/2003 of 26 November 2003 on the economic and service provision of ports of general interest, In force at the time of its approval by the Board of Directors of the Harbour Authority, not opposing to the previewed in the current article 177 of the Recast Text of the Law of Ports of the State and the Merchant Marine, approved by Royal Legislative Decree 2/2011 of 5 September, having been submitted to the public and to the Reports of the then Ministry of Finance and Finance and the Public Body Ports of the State.

The valuation is duly substantiated in the proposal, having increased its values in accordance with the variation that the Consumer Price Index has experienced between April 2009, when it was carried out the corresponding calculations, and May 2012, the date on which the proposal was submitted to this Ministry.

In its virtue, on the proposal of the Harbour Authority of the Bay of Algeciras, and in accordance with the provisions of article 19 of Law 48/2003, of November 26, of economic regime and of the provision of services of the ports of general interest, I have:

First. Approval of the assessment.

The "Valuation of land and water sheet of the service area of the ports dependent on the Port Authority of the Bay of Algeciras" is approved. One copy of the original document duly endorsed by the Ministry of Public Works, another in Ports of the State and a third in the Port Authority of the Bay of Algeciras will be deposited.

Second. Land values.

The values each of the functional areas of the land service zone are as follows:

Pesquera Dock

L-2

denomination

Service Zone

Zone

Value

€/m2

Algeciras Darsena:

The Sreadout Darsena

A-1

86.22

Green Island, Logistics

A-2

84.05

Green Island, Interior

A-3

91.66

Green Island, Exterior

A-4

94.49

P. Hispanic, Institutional Zone

A-5

115.68

Pier Juan Carlos I. Terminals

A-6

95.18

Terminal and Galera Pier

A-7

124.56

A-8

114.71

A-9

104.80

Llane

A-10

113.87

Bay, Industrial Commercial

B-1

42.99

Darsena:

Zone

C-1

77.79

Complementary Logistics

77.85

Repair Zone

C-3

77.54

Line Darsen:

Commercial Zone

L-1

93.03

L-2

94.86

-Port Zone

L-3

96.25

Darsena Rate:

Terminal

T-1

99.26

Darsena Fishing and Nautico Deport.

T-2

94.14

Reserve Coast

C-R

23.11

Third. Water values.

The water sheet values of the different areas of the water spaces are as follows:

Line

Camp

Sheet Situation

Value €/m2

Zone I

21.28

18.59

Algeciras

2092

, Darsena

15.54

Zone II

Bay

2.32

Fourth. Publication.

This Order, which replaces and leaves no effect on the valuation of land currently in force on 4 June 1987, will enter into force on the day following its publication in the Official Gazette of the State.

Madrid, September 28, 2012. -Minister of Development, Ana Maria Pastor Julian.