The service area of the port of Bilbao was established by Order FOM/2492/2006, of July 20, for which the Plan of Use of Port Spaces of the port of Bilbao was approved.

Later, two non-substantial amendments to the aforementioned Use Plan were approved, the first one, on 23 January 2009 (BOE No 26 of 30 January 2010) and the second one on 2 November 2011 (BOE No 298 of 12 December 2011). of December 2011), which affected exclusively the allocation of uses established in the same.

After the time since the approval of the current Plan of Use, it is considered necessary to modify the current document in various aspects, among which it is found: the sub-healing of inaccuracies Graphs detected in the document of the Plan of Use, the incorporation to the land service area of land whose holder is the Port Authority of Bilbao, as well as the incorporation to that land area of works already executed, the change for the consideration of land-based sea strips as a water zone, or to make small modifications in the allocation of proposed uses, aimed mainly at the allocation of the use linked to the port-city interaction in spaces that are already used as public tours.

In relation to the first aspect that motivates this modification it is necessary to point out that the Plan of Use of Port Spaces maintained the service zone of the port of Bilbao in force until that moment except in those spaces whose disaffection was expressly proposed. This service area was the result of a large number of cases of dislinde, expropriations for the execution of works or specific subscriptions. Revised again by the Port Authority has been verified the existence of errors in the graphical representation of the resulting service area, which is necessary to correct.

The existence of intertidal bands that are located outside the port service area has also been observed in areas where the waters do belong to the port. In order to achieve a unitary management of the water set, the consideration of the intertidal spaces as a water zone is proposed, so that these are integrated into the service area. This criterion will also affect the intertidal zones which do form part of the service area.

On the other hand, the port works executed in the last few years are incorporated in the land service area and some specific modifications are proposed in the allocation of uses. In this way, among others, the use linked to the port-city interaction is assigned to a series of spaces open to the citizen that already in these moments have the character of walks.

The aspects mentioned represent an amendment to the Port of Bilbao Port Spaces Utilization Plan, approved by Order FOM/2492/2006 of July 20, and its subsequent modifications, and should be dealt with in accordance with the provisions of Articles 69 and 70 and the sixth transitional provision of the recast text of the Law of State Ports and the Merchant Navy, approved by Royal Decree-Law 2/2011 of 5 September.

In this transitional provision, sixth, it is established that, where the first modification of an approved Use Plan is carried out prior to the entry into force of Law 33/2010, of 5 August, it must be adapted to the provisions of Articles 69 and 70 of the aforementioned 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, so that it becomes considered as a whole Delimitation of port spaces and uses.

This is why, in addition to the modifications referred to, the document dealt with includes the adaptation of the old Use Plan, and of its subsequent modifications, to the provisions of the legislation currently in force.

This modification of the delimitation of port spaces and uses of the Port of Bilbao affects, among others, the uses linked to the port-city interaction, so, pursuant to Article 70 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, has a substantial modification character.

In this article it is established that those modifications which are of a substantial nature, must be submitted to the procedure of approval provided for in Article 69 of the aforementioned Recast Text of the Law of Ports of the State and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September for the drafting of a new Delimitation.

According to this, the Board of Directors of the Port Authority of Bilbao approved, in session held on December 4, 2012, the beginning of the processing of the substantial modification of the delimitation of spaces and port uses of the Port of Bilbao.

The mandatory reports were requested and the document was submitted to the public information procedure for the period of forty-five days. On 16 July 2014, the General Directorate for Sustainability of the Coast and the Sea reported favourably the proposal.

Finally, Ports of the State has reported favorably the substantial modification of the delimitation of spaces and harbour uses, in responding to the current needs of the port of Bilbao and to observe that the Requirements set out in Articles 69 and 70 of the Recast Text of the Law of State Ports and the Merchant Marine Text, approved by Royal Decree-Law 2/2011 of 5 September.

In his virtue, on the proposal of the Port Authority of Bilbao, and the President of Ports of the State, with the agreement of the Secretary of State for Infrastructures, Transport and Housing, completed the procedures demanded by the current legislation, I have:

First. Approval of the Modification of the Delimitation of Port Spaces and Uses.

The substantial modification of the delimitation of spaces and port uses of the Port of Bilbao is approved, written in accordance with the Recast Text of the Law of Ports of the State and the Merchant Navy, approved by Royal Decree Legislative 2/2011 of 5 September. From the modification document, a duly endorsed copy will be deposited with the Ministry of Public Works, another in Ports of the State and a third in the Port Authority of Bilbao.

Second. Adaptation of the determinations of the old Use Plan to existing legislation.

The present modification of the Plan of Use, which is renamed Delimitation of spaces and port uses, adapts the denomination of the assigned uses in the set of the service area of the port in the Plan of Use approved by Order FOM/2492/2006, of July 20.

This adaptation requires modifying the naming of some of the uses assigned in the current document. In this way, the non-harbour uses become known uses linked to the Port-City Interaction, as the Recast Text of the Law of Ports of the State and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 of September and the spaces that currently have the consideration of zones of harbour Affection, they happen to be considered spaces of Reserve for the Unitarian Management. Finally, the spaces with an assigned use of Infrastructures are integrated within the commercial global use.

In addition, the agreements signed and the spaces and titles of occupation granted to other Public Administrations for the exercise of their competences within the service zone of the port of Bilbao are incorporated into the document.

Third. Amendments to the delimitation of the land service area and the allocation of uses.

Punta Galea: The road called Punta Galea road is included within the service area of the port in the stretch between the junction of the Marques de Zuya street with the road of the lighthouse and the own plot of the radio, assigning you the use of Maritime Senalization.

The rugged strip in which the old land access used in the construction of the Punta Galea dam is located is incorporated into the port service area. This strip of land is considered a port reserve area.

The graphic representation of the delimitation of the plot of the headlamp is corrected by adjusting it to its actual contour, so that it includes the inside road of access to the lighthouse building.

Playa de Arrigunaga: The graphic representation of the delimitation of the service area of the port in the area of Arrigunaga beach is corrected, incorporating the set of the public maritime-terrestrial domain of the area Deslinde of the Terrestrial Maritime and Public Domain Zones on the stretch of coast of Guecho approved by Ministerial Order of 3 November 1972. The new built-in surface is assigned the use of the Reserve for Unitarian Management.

Puerto Viejo de Algorta: The graphic representation of the delimitation of the service area of the port in this area is corrected, adapting it to the one established by the inlinde carried out in this area, approved by Ministerial Order of 17 of February 1962. In this way, the delimitation of port spaces will correspond to the limit of the wall of defense and the area of waters, being excluded from it all the esplanade, as well as the strip destined to parking.

Highway Bilbao-Las Arenas: The graphic representation of the delimitation of the port service area in this area is corrected, making it coincide with the deslinde of public maritime-terrestrial domain approved by Order Ministerial meeting of 3 November 1972.

Planchadas of docking in the bank of Erandio: It is assigned the Port use Complementary to the planchada located in the municipality of Erandio on the limit with the municipality of Leioa, with a surface of six hundred and eighty meters squares, which currently lacks a particular use.

The use currently assigned to the planchads located in the municipality of Erandio is modified: planchada located at the height of the number 24 of the street José Luis Goyoaga, with a surface of seven hundred Ninety square meters; two planchades located in front of the Rontegi bridge, on the right bank of the estuary. Complementary Port use is assigned to them.

Erandio Pier: The current use of Complementary Industrial Port is modified and is assigned a Use Linked to the Port-City Interaction, to the area situated between the yards of Erandio and the planchada destined to the service of Boteros situated at the height of the number 24 of the street José Luis Goyoaga.

Punta de Zorrotza: The graphic representation of the delimitation of the land service area in the area of the property owned by Real Estate Abanto 2000, S.L., (formerly owned by Tallires Zorrotza) is corrected. The limit established by the " Deslinde and amojoning of the land-land zone, on the right bank of the river Cadagua, next to the mouth of the Bilbao estuary, affected by the works of modification of its workshops requested by Workshops Zorrotza, S.A., approved by Ministerial Order of 29 November 1968, and the limit of the Former CAMPSA grounds attached to the Autonomous Port of Bilbao by agreement of the Council of Ministers of 20 February 1985.

The right side of the Kadagua: The delimitation of the land service area in the environment of the Bilbao Matadero is corrected, adjusting it to the limit set by the plot occupied by the installation.

Left margin of Kadagua: The graphic representation of the delimitation of the land service area is corrected, adjusting it to the different resolutions approving the deslindes of the maritime-terrestrial public domain in the area, granting of concessions and approval of projects for the occupation of the port demanio which are related: Ministerial Order of 3 November 1928, Ministerial Order dated December 23, 1947, Ministerial Order of date 21 July 1950, Ministerial Order of 24 August 1961, Ministerial Order of 7 May, 1974, Ministerial Orders of 6 October 1908 and 7 August 1909, and the Ministerial Order of 15 December 1906.

The delimitation of the service area in this area is modified, excluding the port public domain located upstream of the southern stirrup of the new bridge over the Galindo River, whose disaffection is described in the fifth point of this Ministerial Order.

Concession to Vicinay Chains, S. A.: The graphic representation of the delimitation of the land service area in the area of the concession granted to the company Vícinay Chains, S.A., is corrected, adjusting it to the public domain Land maritime effectively occupied by the concession granted to Altos Hornos de Vizcaya by Ministerial Order of 3 August 1949, transferred to the company Vicinay Chains, S.A. by Agreement of the Management Board of the Port Authority de Bilbao, dated 19 December 2003. This adjustment is an increase of the port service area registered in that area. These grounds are assigned a Supplementary Port Use.

The Navy: The graphic representation of the delimitation of the land service area of the port of Bilbao in the surroundings of the old locks and ramps of the Spanish Society of Naval Construction is corrected. in the municipal term of Sestao, in two aspects: first, in the space occupied by the dry dock currently operated by Constructions Navales del Norte, S.L., the limit of the land service area to the maritime public domain is adjusted land occupied by the project approved by the Ministerial Order of 9 December 1958, Understanding the boundary between the land area and the water area, the gate of the dam; second, the boundary of the land service area is adjusted in the area occupied by the port ramp located next to the previous dam, to the domain Land maritime public occupied by the project approved by the Ministerial Order of 20 January 1942.

The use assigned to the port grounds located in the Darsena of the Benedicta is modified, and they are assigned a use of Port-City Interaction.

Railway infrastructure in Santurtzi: The graphic representation of the delimitation of the land service area in the municipality of Santurtzi is corrected, incorporating a plot corresponding to the domain reservation Railway public constituted by the Agreement of the Council of Ministers of 31 July 1998 within the service area of the port of Bilbao. This plot has an approximate length of 139 m, extending to the existing level. This parcel is assigned a Supplementary Port use.

It is integrated in the graphic representation of the port service area, the port infrastructure that runs in tunnel under the old facilities of the Company Logistics of Hydrocarbons, S.L., in Santurtzi, to form Part of the Project of Access by Rail to the Foreign Port in the Port of Bilbao, signed on March 30, 1968. It is assigned to the area occupied by the railway infrastructure in the Port of Bilbao, the Port of Complementary use, without solution of continuity.

Access road to Punta Lucero: The graphic representation of the delimitation of the land service area in the port access area by Punta Lucero is corrected, according to the UTM coordinates referred to in the Order Ministerial meeting of 28 April 2003, for which the land was damaged in the service area of the port of Bilbao. The Port Reserve consideration established for the area as a whole is maintained.

Punta Sollana: The land generated by the new construction of the Punta Sollana dam is incorporated into the land service area of the port of Bilbao. You are assigned a Supplementary Port usage.

Extension of the dock of Axpe: The land generated by the work of extension of the dock of Axpe, already executed, is incorporated in the land service area of the port of Bilbao. You are assigned a Supplementary Port usage.

Pier AZ-1: Commercial Port use assigned to the space of sensibly triangular shape defined by the railway tracks and the road parallel to the shoulder of the dike of Zierbena, located between the zone of use, is modified Harbour Complementary and the Commercial Harbour use, to the bottom of the dock AZ-1, with an approximate area of four thousand four hundred and forty square meters, allocandosele a complementary Harbour use.

Park next to the pier of Churruca, in Las Arenas: The delimitation of the land service area of the port of Bilbao in the space destined for public park located next to the pier of Churruca, in Las Arenas, is corrected. adjusting it to the delimitation established by the Deslinde of the Terrestrial Maritime Zones and Public Domain on the stretch of coast of Guecho, approved by Ministerial Order of 3 November 1972. This surface is assigned a Port-City Interaction usage.

The assigned uses are modified in the following Functional Areas:

Area 2: La Ria from Bilbao to Abra. The use of the Port Affection (Reserve for the Unitarian Management, according to the adaptation set out in point 2 of this order) and the Supplementary Port Use is modified, assigning the use of Port-City Interaction, to the zone more north of the right bank of the Bilbao estuary, which is part of the urban hulls of Algorta, Las Arenas and the southern section, located next to the rear of the dock in Axpe, in the municipality of Erandio. In the left margin of the ria the use of port-city interaction is assigned to the southern area, from the surroundings of the dock of La Benedicta, in the urban centers of Sestão, to Portugalete.

Area 3: Right margin of the Open. In the non-strictly port commercial area located on Arriluce, the complementary port use is modified and the use of Port-City Interaction is assigned to it. The Portuguese-Sports Port is modified to be assigned to the facilities adjacent to the previous ones, and is assigned a mixed use of Port-City and Port-of-Port Interaction.

Area 4: Left margin of the Open. The most southern part of the arch, from the municipality of Portugalete to the fishing port of Santurtzi. The complementary port use assigned to part of the new Darsena of Zierbena, to the linear park of Santurtzi to Zierbena and to the stretch of road of public use associated with it, is modified and assigned the use of Port-City Interaction. This amendment is limited to the scope of the General Project of "Urbanization of the Lineal Park of the road of Santurtzi to Zierbena" and to the section of the road of public use associated, established as compensatory work in the resolution of 27 May 1992, from the Directorate-General for Environmental Policy.

Includes the graphic representation of the road access to the port by Zierbena, included in the Territorial Territorial Plan of Vizcaya Roads projected by the Department of Public Works of the Diputación Foral de Vizcaya as schematic and non-binding consideration in relation to its final layout.

Fourth. Amendment of the delimitation of the waters area of the port of Bilbao.

The external borders of zones I and II of the port of Bilbao do not vary with respect to those established by Order FOM//2492/2006 of 20 July, except in the exclusion of waters located upstream of the southern new bridge over the Galindo River, whose disaffection is described in the fifth point of this Ministerial Order.

The internal boundary of the area I of waters or inland is modified, extending the consideration of the area of harbour waters to the spaces between the lowland and the living equinoccial pleamar, with the consequent affectation of the Intertidal spaces affected by Order FOM/2492/2006, 20 July and reduced spaces with assigned uses affected by this change.

Fifth. Disaffection of the port public domain.

It is excluded from the harbour service zone and the spaces of land and water located upstream of the southern stirrup of the new bridge over the river Kadagua are disaffected from the harbour public domain.

These spaces maintain the natural condition of the maritime-terrestrial public domain, so, once they are affected, they will be automatically incorporated into the use of the public maritime-terrestrial domain.

Sixth. Publication.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, October 6, 2015. -Minister for Development, Ana Maria Pastor Julian.