Order Fom/2163/2015, Of 6 October, Which Approves The Substantial Modification Of The Delimitation Of Spaces And The Port Of Pasaia Port Applications.

Original Language Title: Orden FOM/2163/2015, de 6 de octubre, por la que se aprueba la modificación sustancial de la delimitación de espacios y usos portuarios del Puerto de Pasaia.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11194

The service area of the port of Pasaia was established by order FOM/2416/2006, of July 19, that approved the Plan of use of the port of Pasajes port spaces.

Subsequently, this area of service is has seen modified by the deallocation point of four plots, approved by order Ministerial of 17 of November of 2009, 23 of mayo of 2011, 1 of February of 2013 and 21 of April of 2015, respectively.

The Plan of use approved in the year 2006 assigned to the land where is griped the central thermal, then active, a use of Central thermal.

The end of it makes it necessary to modify the use Plan of port spaces of the port, in order to assign a new application that will allow their port operation to that area.

Also, should incorporate is to the area of service terrestrial of the port them new surfaces generated by works executed with subsequent to the approval of the Plan of use. These additions should be dealt through a modification of the delimitation contained in the Plan of use of spaces and port applications currently in force.

The proposed amendment does not affect the rest of the port area of service, but the sixth transitional provision of the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, 5 September, establishes that, when we proceed to the first modification of a use Plan approved prior to the entry into force of law 33/2010 5 August, this must be adapted to the provisions of articles 69 and 70 of this law, so spend to be considered as a whole a delimitation of spaces and port applications.

Is by this that, besides the modification of the use in the area of the central thermal already dismantled, and the incorporation to the area of service terrestrial of them works executed in them springs of the clock, Donibane and advanced, the document transacted includes the adaptation of the old Plan of use to it willing in it legislation currently existing.

The present modification of the delimitation of spaces and uses port of the port of Pasaia supposed an alteration upper to the 15 percent of the surface assigned to a determined use by what, under the article 70 of the text consolidated of it law of ports of the State and of the Marina merchant, approved by Real Decree legislative 2 / 2011 5 September, has character of substantial change.

The referred article establishes that those modifications which are substantial in nature, must undergo the procedure provided in article 69 of the mentioned text consolidated from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, from 5 September for the drafting of a new delimitation.

Accordingly, the Board of Directors of the port authority of Pasaia approved, at its session held on March 20, 2014, the start of the processing of the modification of the delimitation of spaces and uses port of the port of Pasaia.

Is requested the reports mandatory and the document was submitted to the procedure of information public by the term of forty and five days. Dated 15 December 2014, the General direction of sustainability of the coast and the sea reported favourably the proposal. It also has the favourable report by the Directorate of fisheries and aquaculture of the Department of economic development and competitiveness and the direction of Cultural heritage of the Department of education, language policy and culture of the Basque Government and the ministries of Defense, industry, energy and tourism and finance and public administration.

The considerations presented by the Ministry of Interior have been served and those collected in the report of the Town Hall of Pasaia were answered in the report of claims approved by agreement of the Council of administration of 19 of June of 2014.

Finally, Puertos del Estado reported favorably the substantial modification of the delimitation of spaces and uses port, in responding to the current needs of the port of Pasaia and observe that the requirements laid down in article 70 of the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011 met , 5 September in his virtue, a proposal from the port authority of Pasaia, and ports of the State President, with the agreement of the Secretary of State for infrastructure, transport and housing, fulfilled the formalities required by law, have: first. Adoption of the modification of the delimitation of spaces and port applications.

Approves the substantial modification of the delimitation of spaces and uses port of the port of Pasaia, drafted in accordance with the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, 5 September. Document modification shall be deposited a copy duly stamped in the Ministry of development, another in State ports and a third in the Pasajes port authority.

Second. Modify the assignment of applications.

Amending the use to the area called dock Iberdrola and thermal power plant, and a commercial port is assigned.

Third party. Definition of surfaces to incorporate and assignment of applications.

He joined service area inland from the port of Pasajes, in the area of the clock spring, an area of 1,052 m2 of extension, generated by the works in that area and a commercial port is assigned.

Is incorporates to the area of service land of the port of Pasaia, in the area of the dock Donibane, a surface of 584 m2 of extension, generated by the works executed in that area and is le assigns a use port commercial. Naval construction and repair.

He joined service area inland from the port of Pasajes, in the area of the advanced dock, an area of 2,962 m2 of extension, generated by the works in that area and a commercial port is assigned.

Room. Adaptation of the determinations of the old Plan of use to existing legislation the present modification of the Plan of utilization, which renamed delimitation of spaces and uses port, determines the necessary spaces so that the organs of public administration can exercise its powers of surveillance, public safety inspection, control of inputs and outputs of people and goods in the national territory , identification and others that by their directly related to port activity, must necessarily develop in the port and adapted the name of applications allocated in the whole of the area of service from the port to the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011 , 5 September.

Thus, approves the following table of adaptation of the naming of assigned applications: area name uses Plan old denomination RD 2/2011, 5 September entry channel.





Complementary mixed-use area.





Mixed use complementary port / port-city interaction.






San Pedro springs.





Fishing area.





Fishing applications.






Spring fish market I and II and Trintxerpe.





Fishing area.





Fishing applications.






Herrera (including spring Hospitalillo and area west of the pier Herrera).





Complementary mixed-use area.





Mixed use complementary port / port-city interaction.






Rest spring Herrera until Lezo-1.





Trade area.





Commercial port uses.






Iberdrola dock and thermal power plant.





The thermal area.





Uses port trade.






Plot next to the sports centre of Lezo.





Area complementary of uses mixed.





Use mixed complementary port / interaction port-city.






Plaza of Bizkaia.





Area complementary of uses mixed.





Use mixed complementary port / interaction port-city.






Spring Donibane, Peninsula of the factory and dock floating.





Area construction and repair Naval.





Commercial port. Naval construction and repair.





Fifth. Publication.

This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, October 6, 2015.-the Minister of public works, Ana María Pastor Julián.