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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.

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TEXT

The service area of the port of Pasaia was established by Order FOM/2416/2006, of July 19, for which the Plan of Use of Port Spaces of the port of Pasaia was approved.

Subsequently, that service area has been modified by the timely disaffection of four parcels, approved by Ministerial Order of 17 November 2009, 23 May 2011, 1 February 2013 and 21 April 2015, respectively.

The Plan of Use approved in 2006 assigned to the land where the thermal power plant was located, then active, a Use of Thermal Central.

The closure of the same makes it necessary to modify the Plan of Use of Port Spaces of the port, in order to assign to that area a new use that will allow its harbour exploitation.

Also, new surfaces generated by works executed after the approval of the Plan of Use should be incorporated into the land service area of the port. These additions must be processed by means of an amendment to the delimitation contained in the Plan for the Use of Space and Port Uses currently in force.

The proposed modification does not affect the rest of the port service area, but the transitional provision sixth of the Recast Text of the Law of State Ports and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September, provides that, where the first amendment to a Use Plan approved prior to the entry into force of Law 33/2010 of 5 August is applicable, it shall be adapted to the provisions of Articles 69 and 70 of this law, so that a delimitation of Spaces and Usos will be considered as a whole Port.

This is why, in addition to the modification of the use in the area of the thermal power plant already dismantled, and the incorporation to the land service area of the works executed in the docks of the Clock, Donibane and Advanced, the document It includes the adaptation of the old Use Plan to the provisions of the legislation currently in force.

The present modification of the Demarcation Of Spaces and Port Uses of the Port of Pasaia represents an alteration of more than 15 percent of the area assigned to a certain use, which is why, pursuant to Article 70 of the Text Recast 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 Pasaia approved, in session held on March 20, 2014, the beginning of the processing of the Modification of the Delimitation of Spaces and Port Uses of the Port of Pasaia.

The mandatory reports were requested and the document was submitted to the public information procedure for the period of forty-five days. On 15 December 2014, the Directorate General for Sustainability of the Coast and the Sea reported favourably the proposal. It also has the favourable report of the Directorate of Fisheries and Aquaculture of the Department of Economic Development and Competitiveness and the Directorate of Cultural Heritage of the Department of Education, Language Policy and Culture of the Government. Basque and the Ministries of Defense, Industry, Energy and Tourism and Finance and Public Administrations.

The considerations presented by the Ministry of the Interior have been addressed and those included in the report of the City of Pasaia were answered in the report of allegations approved by the Council of Administration of 19 June 2014.

Finally, Ports of the State has reported favorably the substantial modification of the Delimitation of Spaces and Port Uses, in responding to the current needs of the Port of Pasaia and to observe that the requirements laid down in Article 70 of the recast of the Law on Ports of the State and the Merchant Navy, approved by Royal Decree-Law 2/2011 of 5 September

In his virtue, on the proposal of the Port Authority of Pasaia, 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 Demarcation Of Spaces and Port Uses.

The Substantial Modification of the Delimitation of Spaces and Port Uses of the Port of Pasaia is approved, written in accordance with the Recast Text of the Law of State Ports and the Merchant Navy, approved by Royal Decree Legislative 2/2011 of 5 September. A duly endorsed copy will be deposited in the Ministry of Public Works, another in Ports of the State and a third in the Port Authority of Pasaia.

Second. Modification to the allocation of uses.

The use of the zone called Muelle Iberdrola and Central Termica is modified, and a Commercial Port Use is assigned to it.

Third. Definition of surfaces to be incorporated and assignment of uses.

It is incorporated into the land service area of the port of Pasaia, in the area of the Morelle of the Clock, a surface of 1,052 m2 of extension, generated by the works executed in that area and is assigned a Harbour Use Commercial.

It is incorporated into the land service area of the port of Pasaia, in the area of the Donibane Pier, a surface of 584 m2 of extension, generated by the works executed in that area and is assigned a Harbour Use Commercial. Construction and Naval Repair.

It is incorporated into the land service area of the port of Pasaia, in the area of the Advanced Pier, an area of 2,962 m2 , generated by the works executed in that area and is assigned a Harbour Use Commercial.

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

The present modification of the Plan of Use, which goes on to be called Delimitation of Spaces and Port Uses, determines the spaces necessary for the organs of public administrations to exercise their powers of surveillance, public safety inspection, control of entrances and exits of persons and goods from the national territory, identification and others that because of their direct relationship with the port activity, must necessarily be developed in the port and adapts the name of the assigned uses in the set of the service area of the port to the established text of the Law of Ports of the State and the Merchant Navy, approved by the Royal Legislative Decree 2/2011 of 5 September.

In this way, the following table of adaptation of the naming of the assigned uses is approved:

Zone

Old Name Plan for Usos

Designation RD 2/2011, 5 of September

Channel.

Mixed Uses Complementary Area.

Mixed Use Complementary Port/Port-Port Interaction.

Docks San Pedro.

Pesquera Area.

Fishing Uses.

Pays I and II and Trintxerpe.

Fishing Area.

Fishing Uses.

Herrera (including Muelle Hospitalillo and West zone of the Pier Herrera)

Mixed Uses Complementary Area.

Mixed Use Port Complementary/Port-City Interaction

of Herrera Pier up to Lezo-1.

Area commercial.

Commercial Port Uses.

Iberdrola and Central Thermal Dock.

Area of the Thermal Power Plant.

commercial Port Uses

Plot next to Lezo Polideportive.

Mixed-use Complementary Area.

Mixed Port Supplementary Use/Interaction Port-City

Bizkaia Square.

Mixed Uses Complementary Area.

Mixed Use Port Complementary/Port-to-City Interaction.

Muelle Donibane, FactoryPeninsula and Floating Dock.

Shipbuilding and Repair Area.

Commercial Port Usage. Shipbuilding and Naval Repair

Fifth. 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.