The Plan of Use of Port Spaces of the port of Puerto del Rosario was approved by Order FOM/64/2004, of February 26. The Board of Directors of the Port Authority of Las Palmas, in session held on May 16, 2008, agreed to the beginning of the file for the First Amendment of the Plan of Use of Port Spaces of the port of Puerto del Rosario, in order to align its forecasts with the provisions of the Plan Director of Infrastructures approved by agreement of the Board of Directors dated May 14, 2004, and ratified by agreement of the Council of State Ports, of July 28 of 2004.

This implies the incorporation to the area of harbour service of the area generated by the planned works, the reordering of the existing harbour uses based on the new harbour configuration, as well as the necessity of a extension of the area of water to solve the problems currently in the service of pilotage, and which will be aggravated by the extension of the facilities.

The transitional provision sixth of the Recast Text of the Law of Ports of the State and of the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September, establishes that the Plans of Use that at the entrance in Law 33/2010, of 5 August, amending Law 48/2003, of 26 November, of economic regime and of the provision of services of ports of general interest, are in processing, they will have to adjust their content to the previewed in Articles 96 and 97 of Law 48/2003, in its original wording.

Law 48/2003 of 26 November stated in Article 38.3 that the approval or modification of a Director Plan will determine the substantial modification of the Plan of Use, so the proposed amendment is of substantial modification and must be subject to the same approval procedure as the one for the use plans themselves.

The file has been processed in accordance with the provisions of Law 48/2003 of 26 November 2003 on the economic regime and the provision of services of ports of general interest. The mandatory reports were requested and the document was submitted to the public information procedure for a period of one month.

The Directorate General of Quality and Environmental Assessment of the then Ministry of Environment and Rural and Marine Environment, is adopted, dated November 30, 2010, and after carrying out the mandatory consultations, the decision not to submit the proposal of modification of the Plan of Use of the Port of the Port of the Rosary Port to the procedure of environmental assessment according to the Law 9/2006, in the absence of significant effects in the environment environment by the implementation of the Plan.

The Board of Directors of the Port Authority of Las Palmas, in session of January 26, 2011, agreed to approve the proposed modification of the Plan of Use of the Port of Puerto del Rosario and its referral to the agency public Ports of the State, in order to continue with their processing.

Following the report of the General Directorate of Sustainability of the Coast and the Sea, the Port Authority of Las Palmas wrote a document of "Adenda Response Report on Costs" dated August 24, 2011, which was reported favourably by the Directorate General for Sustainability of the Coast and the Sea on 16 May 2012.

Finally, the public body Ports of the State has reported favorably the modification of the Plan of Use, in responding to the current needs of the Port of Port of the Rosary and to the forecasts of the Plan Director approved, and note that the requirements laid down in the legislation in force have been met.

In its virtue, on the proposal of the Port Authority of Las Palmas, completed the formalities required by the current legislation, I have:

First. Approval of the Modification of the Plan for the Use of Port Spaces.

The modification of the Plan of Use of Port Spaces of the Port of Puerto del Rosario, drafted in accordance with Law 48/2003 of November 26, of economic regime and the provision of services of the ports of general interest, in order to align their forecasts with the provisions of the Plan Director of Infrastructures approved by agreement of the Management Board of the Authority of the Palms of 14 May 2004, ratified by the Council of State Ports of the State of 28 July 2004.

From the document of modification of the Plan of Use of Port Spaces of the Port of Puerto del Rosario, a duly endorsed copy will be deposited in the Ministry of Public Works, another in Ports of the State and a third at the Port Authority of Las Palmas.

Second. Delimitation of the land service area.

It is not proposed to incorporate new land areas other than those corresponding to filling works motivated by the execution of port works, nor the disaffection of unnecessary land for the activity port, so the boundary of the service area on the ground side does not vary.

Third. Incorporation of new surfaces.

The areas resulting from the works provided by the Plan Director of Infrastructures of the Port of Puerto del Rosario are incorporated into the land service area. These works are:

Spigon enlargement: The current dock extension is expected to reach 500 m. of length, and the execution of a parallel spring with a length of 250 m. The terraced esplanade will have an approximate final surface of 8 Ha. The extension of the current spring to 500 m, and the filling of approximately 2.5 ha of esplanade, are already executed.

Cruise Pier: Faced with the previous dock, a cruise ship dock of about 450 m is planned. in length, which will have a ramp Ro-Ro. The first phase of this dock is already executed, with 300 m. length.

Ribera edge: The construction of an esplanade attached to the urban facade is planned at the bottom of the commercial dock, of a total of 5.2 hectares. The currently existing surface has an extension of 3.5 Ha.

Sports Darsena: At the end of the cruise-ship, a sports dock will be placed, with an expected coat surface of 3.75 Ha.

Regeneration of the Beach of Hornos: Already executed, it has assumed the construction of a spigon of about 160 m. of length and the contribution of the corresponding sand.

Fourth. Distribution and allocation of uses.

The permitted uses in the port service area are those defined in Article 94 of Law 48/2003, establishing the following allocation of the same to the different areas of the port:

Commercial Port Use: This use is assigned to the Commercial Pier and its extensions provided for in the Infrastructure Director Plan and the Basic Extension Project. This is currently an area of 115.615 m² , the extent of which, once the Director Plan set has been developed, can reach 174,400 m².

Commercial, nautical-sports and complementary mixed port use: This mixed use is assigned, for which commercial, fishing and/or water-sports activities are allowed, as well as non-strictly port, but compatible uses with the port activities mentioned above, to the area formed by the environment of the new Cruise Pier and the Navy-Sports Nautical. This area currently has an extension of 16.420 m², its development being planned up to 43,050 m².

Additional and non-harbour mixed port use: This mixed use is assigned to the port area next to the city, which acts as a transition between the port and the port, between the Commercial Pier and the new Cruise Pier and Marina Nautico-Sports. They are assigned as basic harbour uses those complementary to those of their environment, being able to be destined to non-strictly harbour uses, but compatible with the harbour activity, in the terms that determines the legislation in force. The allocation of non-port uses to land resulting from new fillers is expressly prohibited. The total of the surface assigned to this use is 35,575 m², with a maximum surface area of 50,990 m².

Port Reserve: Port reserve is considered to be the stretches of coast located south of the dock of containment of the Darsena Nautico-Sports and north of the Commercial Pier. These areas should be included in the management of the port in order to ensure the functioning of the surrounding facilities or the movement of vessels in the waters area. The Port Authority may carry out other non-planned uses or activities in those areas, provided that they are provisional or are temporarily required for the satisfaction of needs of greater public interest, without such uses being able to exceed in no case 15% of the area of the area. The total surface to which the present use is assigned is approximately 27,000 m².

Fifth. Delimitation of the area of water.

The delimitation of the area of port waters is modified, extending the area of both Zone I, so that it incorporates the water sheltered by the new infrastructures, and of Zone II, in order to respond to the needs operating service of the pilotage service. In particular, it is proposed:

The delimitation of Zone I will be flexible and will be adapted to the evolution of the water sheltered by the harbour works. In this way, it comprises the inner water sheet of the port dock, within the perimeter defined, at each moment, by the southern end of the Commercial Pier and the southern end of the dike and/or the sports dock, including, in any case, the port infrastructure between the two points. In Plano O.03, the boundary of the Inner Zone of the waters is reflected, after the works collected in the Plan Director are completed.

Water Zone II comprises water bounded by the parallel passing through the easternmost tip of the Punta called Cal Stone, of UTM coordinates: X=611.940, 42; Y=3.149.575.06; an imaginary line parallel to the alignment from the start of the Commercial Pier and separated 1.175 m. of this, that part of the Punta del Gavioto, in particular, of the point of coordinates UTM: X=613.218, 40; Y=3.153.315, 27, until cut with the previous parallel at the point of coordinates X=613.530, 12; Y=3.149.575.06; and closes with the sinuous line of the coast.

The waters of Zone I, or inland port, and the strip of water located in that Zone II destined for a bathing area, as defined in Article 69 of the current General Regulation for the Development and Implementation of the Law 22/1988, of 28 July, of Costas, approved by Royal Decree 1471/1989, of 1 December, except the waters adjacent to the Beach of Los Hornos and the winding line of coast that extends to the Punta de Los Pozos, which will remain within the port service area, but where a beacon will be established in accordance with the aforementioned Article 69 of the Royal Decree 1471/1989 of 1 December 1989 on the General Regulation for the Development and Enforcement of Law 22/1988 of 28 July 1988 on Costs.

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