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Order Fom / 822 / 2015, Of 13 Of April, By Which Is Approves The Delimitation Of Spaces And Uses Port Of The Port Of Vigo.

Original Language Title: Orden FOM/822/2015, de 13 de abril, por la que se aprueba la delimitación de espacios y usos portuarios del puerto de Vigo.

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Article 69 of the Recast Text of the Law of State Ports and the Merchant Navy, approved by Royal Legislative Decree 2/2011 of 5 September, establishes that the Ministry of Public Works will determine in the ports of State ownership of a service area which shall include the areas of land and water necessary for the development of the port uses referred to in Article 72.1 of this Law, the reserve spaces which ensure the possibility of developing the port activity and those that can be destined to uses linked to the port-city interaction referred to in that Article. This determination will be carried out through the Ministerial Order of Delimitation of the Spaces and Port Uses.

The delimitation of the land service area of the port of Vigo currently in force is the one corresponding to the Fourth Reformed Project of the service zone of the port of Vigo, approved by Ministerial Order of 15 April 1992, except for those areas which have subsequently been affected by ministerial orders of 6 June 2003, 30 July 2004, 29 November 2004, 20 July 2009 and 17 November 2009.

The delimitation of the water zone in the port of Vigo was established by Ministerial Order of 23 December 1966. Subsequently, pursuant to Royal Decree 3214/1982, of 24 July, on the transfer of functions and services of the State Administration to the Autonomous Community of Galicia in matters of Ports, they were transferred to that Autonomous Community water spaces. In addition, by ministerial orders of 20 July 2009, 15 July 2011 and 9 October 2012, several water spaces in the service area of the Port of Vigo were affected, including the polygons of mussels. the maritime districts of Cangas, Redondela and Vigo.

The deadline passed since the approval of the "Fourth Reformed Project of the service zone of the Port of Vigo", makes it necessary to update the delimitation of that zone of service to the needs of the Port of Vigo at the moment as well as the allocation of supported uses in each of the port areas.

This is why, in order to comply with the provisions referred to in Article 69 of the Recast Text of the Law of State Ports and the Merchant Navy, approved by Royal Decree-Law 2/2011, the Council of Administration of the Port Authority of Vigo agreed, in session held on May 11, 2012, the beginning of the processing of the Delimitation of Spaces and Port Uses of the port of Vigo.

The present delimitation does not propose the affectation of new spaces of land. On the contrary, it is proposed the disaffection of the harbour public domain of a large number of plots, the greater part of which correspond with stretches of coast unnecessary for the harbour activity, which, once they have been affected, They will move to the use of maritime-terrestrial public domain.

The assigned uses maintain, in general terms, the current zoning of the port of Vigo, dividing the port basically in five areas, taking care of the municipality where they are located: Vigo, Redondela, Vilaboa, Moana and Cangas.

In relation to the water zone, it is proposed to maintain its current delimitation.

The file has been processed as established in the Royal Decree of Law 2/2011 of 5 September, approving the recast of the Law of Ports of the State and the Merchant Navy.

The mandatory reports were requested in accordance with the provisions of Article 69 of the Royal Decree of Law 2/2011 of 5 September, and the document was submitted to the public information procedure for the period of forty-five days. The Directorate General for Sustainability of the Coast and the Sea reported favourably the proposal, provided that the conditions set out in its report were collected. These were incorporated into the proposal as a whole.

The Supreme Court delivered judgment of 17 April 2013, which annulled the resolutions of the Port Authority of Vigo of 1 March 2005 and of 8 March 2006, for which the granting of the concession to build and operate a marina in O Salgueiron, the municipality of Cangas del Morrazo, within the service area of the port of Vigo.

According to the above, and taking into account that the judgment in question modified the circumstances existing during the handling of the file, the Board of Directors of the Port Authority of Vigo, in session held on October 25, 2013, agreed to partially modify the delimitation of the Port of Vigo's Space and Port Uses, in the sense of declaring unnecessary the land service area whose granting in concession had been disallowed.

This modification has been dealt with in accordance with the provisions of the Royal Decree of Law 2/2011 of 5 September, approving the recast of the Law of Ports of the State and the Merchant Navy and incorporated into the Initial dossier, with the favorable report of the General Direction of Sustainability of the Coast and the Sea.

Finally, the Public Body Ports of the State has reported favorably the Delimitation of Spaces and Port Uses, in responding to the current needs of the Port of Vigo and observing that the requirements have been met established in Article 69 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.

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

The delimitation of the Port of Vigo Spaces and Uses of the Port of Vigo, dated December 2014, 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.

In this delimitation the intended uses for the different areas of the port are assigned, with the justification of their necessity or convenience, and the service zone of the port, in which the spaces of land and the land are included water necessary for the execution of its activities, the reserve spaces and those for tasks that are complementary to those areas.

From the document of the Delimitation of Spaces and Port Uses of the Port of Vigo, a duly endorsed copy will be deposited in the Ministry of Development, another in Ports of the State and a third in the Port Authority of Vigo.

Second. Delimitation of the land service area.

The new delimitation of the land service area of the Port of Vigo means the exclusion of some land deemed unnecessary for port purposes. These grounds are described in the fourth point of this order.

The terrestrial boundary of the new service zone is graphically described in the Document 2 Planes, and literally in section 10.2 of the Memory, called "Delimitation of the Earth Zone".

Third. Delimitation of the area of water.

The delimitation of the water zone is defined as follows:

Zone I, or inland of the harbour waters: It is the surface of sheltered water between the alignment Faro of A Guia-Montefaro (Cies islands), the extension of the first alignment of the dock dock of Bouzas, and the South shore of the Ria de Vigo, as reflected in Plan No. 1.6 of the document.

Zone II, or exterior of the harbour waters: It is the one between the lines defined by the Cpl. of Home and Punta Monteagudo, on the north island of the islands Cies, and Punta Lameda and Cabo Vicos, on the island of San Martín, and the bottom of the Ria, with the exception of the space defined as Zone I, the polygons of mussels disaffected by Ministerial Order of 15 July 2011 and the water spaces transferred to the Autonomous Community of Galicia. The proposed Water Zone II is equally represented graphically in Plan No. 1.6.

Fourth. Disaffectations and exclusions from the service zone.

Because they are not necessary for the performance of essential or complementary port activities, nor to maintain the integrity of the harbour space, they are excluded from the service zone and they are disaffected from the public domain port, the following areas, the detailed description of which is set out in section 10.4 "Incorporation and disaffection" of the document.

Grounds that do not retain the natural characteristics of land-based maritime public domain goods and are not considered necessary for the protection and defence of land-based maritime public domain, and therefore their incorporation to the same:

-Arenal Gardens: Ground strip of 10,814 m2 of surface, located between Arenal Street and the railway grounds of ADIF, in the municipality of Vigo.

-Parcela en la Baixada a Rios. Small plot of edge with the urban plot of 894 m2 of surface. Municipal term of Vigo.

-Teis scrubbing station. With 8,321 m2 surface, it corresponds to the artificially formed and bordered peninsula with escorts where the Teis purification station is located. Municipal term of Vigo.

-Meira sewage station. Section located between points 491 and 476 of the municipal district of Vilaboa at the end of the municipality of Cangas, approved by ministerial order of 17 July 2007. With an approximate surface area of 7,574 m2, it corresponds to a portion of the land occupied by the Meira sewage station, the municipality of Moana.

-A strip of land between the broken line defined by the vertices of the UTM coordinates collected on page 113 of the document, and the line approved by the Ministerial Order of 17 January 2005, between points 622 and 639 of the unlinde. Municipality of Cangas del Morrazo.

Their disaffection has been favorably informed by the General Direction of Sustainability of the Coast and the Sea and they do not preserve the natural characteristics of goods of terrestrial marine public domain, so, once will become part of the heritage of the Port Authority of Vigo. Any act of disposal of the land by the Port Authority must comply with the requirements of Article 44 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 of September.

Land whose disaffection has been favourably informed by the General Directorate of Sustainability of the Coast and the Sea of the Ministry of Agriculture, Food and the Environment, and which to preserve the physical characteristics of the land-sea public domain goods, shall be automatically incorporated into the own use of the land-based maritime public domain governed by Law 22/1988, of 28 July, of Costas:

-Tramo of coast in the Chapela area, from point 954 of the deslinde approved by ministerial order of 29 November 2007, to point 910 of the said deslinde. Redondela municipal term.

-Tramo of coast in Rande, from the west end of the beach of Cabañas in point 828 of the deslinde approved by ministerial order of 29 November 2007, to the extreme east of the beach, in point 810 of that deslinde. Redondela municipal term.

-Tramo of coast between the tip of San Adrián, point 1 of the deslinde Punta de San Adrián-Municipal term of Moana, approved by ministerial order of 10 August 2007, up to the limit of the municipal term with the municipal term de Rande, point 49 of that dislinde. Municipality of Vilaboa.

-Tramo of coast located under the bridge of Rande, from the limit of the municipal term with the municipality of Vilaboa, point 49 of the deslinde Punta de San Adrián to the municipality of Moana, approved by ministerial order of 10 From August 2007, to Punta Arao, point 766 of the municipal district of Vilaboa at the municipality of Cangas, approved by ministerial order of 17 July 2007. Municipal term of Moana.

-Tramo of coast in Laton, from the southern end of the concession to Shipyards Rodman on the beach of Laton, point 512 of the municipal district of Vilaboa to the municipality of Cangas, approved by ministerial order of July 17 from 2007, to the east end of the dock of Laton, point 495 of the said deslinde. Municipal term of Moana.

-Tramo of coast in Meira, which extends to the north of Punta Arrows, from the point 396 of the deslinde municipality of Vilaboa to the municipality of Cangas, approved by ministerial order of 17 July 2007, to the beach of Meira, point 313 of that statement. Municipal term of Moana.

Land whose disaffection has been reported favourably by the General Directorate of Sustainability of the Coast and the Sea of the Ministry of Agriculture, Food and Environment, and which to preserve the characteristics physical property of land sea public domain, will be incorporated into the own use of the land sea public domain regulated by Law 22/1988, of July 28, of Costas, once the remains of existing port facilities have been removed in the area or, where appropriate, a performance of the coastal front management is undertaken:

-Tramo of coast in the south of the San Simon cove, from point 674 of the deslinde approved by ministerial order of 29 November 2007, in Punta Soutela, to the point 595 of the deslinde, in Punta Portela. Redondela municipal term.

-Tramo of coast between Punta Estralo, point 51 of the deslinde Punta de San Adrián-the mouth of the Verdugo River, approved by ministerial order of 31 March 1982, to point 41 of that deslinde. Municipality of Vilaboa.

-Tramo de Costa in Domaio, from the east end of the beach of Mouro, point 735 of the municipal district of Vilaboa, at the end of the municipality of Cangas, approved by ministerial order of 17 July 2007, to point 644 of the This is not the case. Municipal term of Moana.

-Tramo de Costa en Domaio, from point 639 of the deslinde municipality of Vilaboa to the municipality of Cangas, approved by ministerial order of 17 July 2007, to point 608 of that deslinde, in the extreme east of the pier of Domaio. Municipal term of Moana.

-Ground strip, most closely matched to the intertidal strip, located between the broken line defined by the vertices of UTM coordinates collected on page 113 of the document, and the sea. Municipality of Cangas del Morrazo.

In the latter case, the concrete actions to be carried out by the Port Authority of Vigo are collected in the Project " Conditioning of the sea edge in O Salgueiron. Municipality of Cangas ", agreed with the Provincial Coast Service of Pontevedra and reported favorably by the General Direction of Sustainability of the Coast and the Sea.

Fifth. Assignment of uses.

The land service area of the port is structured in 11 functional areas, seven corresponding to the municipality of Vigo and one for each of the other municipal terms in which the service area is extended. of the Port of Vigo, to which they are assigned, as set out in detail in paragraph 11.5 of the document and is reflected in plans No 3 of the document, the uses set out below:

Municipal Term of Vigo.

Bouzas Zone:

commercial Port Use. This use is assigned to the Ferry Terminal.

complementary Port Use. This use is assigned to the area occupied under concession by the Consorcio de la Zona Franca de Vigo, except for the esplanade located at the extreme northwest of Vigo, which is assigned the Commercial Port Use. In addition, the Supplementary Port Use is assigned to the two ships located between that concession and the docks 1 and 2 of Bouzas, to the first line of buildings of the dock of repairs, to the installations of the Center of Technology of the Sea (CETMAR) and the Instituto de Investigaciones Marinas (CSIC), to the space occupied by the company of Galiciamar, S.A. and the main road of access and distribution.

Commercial Port Use and Complementary Port Use in compatibility regime. The second line of buildings of the dock of repairs and the area of ships next to the terminal of ferries is assigned, between the concession of the Consortium of the Zona Franca de Vigo and the darsena 1 of Bouzas.

Commercial Port Use and Port Use Fishing in compatibility mode, to the ship used as a network store.

Complementary Harbour use and Port Use Fishing in compatibility regime, to the premises of shipowners located on the second line of the west cantil of the repair dock.

Complementary Harbour Use and Port Use Nautico-Sports in compatibility regime, to the area east of the dock of repairs, currently occupied by the nautical installations of Marina Davila Sport.

Fishing Port Use. It is assigned to the area around the darsena 1 and 2 of Bouzas, including the part of the dock of repairs oriented towards these docks and the premises of shipowners located on the front line of the cantil.

Nautico-Deportivo Port Use. This use is assigned to the nautical facilities of the Maritime Liceo of Bouzas, to the installations of the Federation Gallega de Vela and to a small area located to the west of the football field.

Use Linked to Port-City Interaction. This use is assigned to the zone of contact with the urban edge on both sides of the road of access to the port area of Bouzas, from the roundabout of the Anclas, in the vicinity of the facilities of the Maritime Liceo of Bouzas, including the sports facilities and the existing facilities and buildings in the area, up to the promenade that borders the ferry terminal on its west side, extending along the route. This use is extended in the existing parking area in front of the concession of Galiciamar, S.L. The 245 m2 located to the east of the existing football field, are compatible with the nautical-sports harbour use.

Beiramar Zone:

complementary Port Use. This use is assigned to the areas where the shipyard and port of call concessions are currently located, located on the first stretch of Beiramar Avenue and the main access and distribution road.

commercial Port Use. It is assigned to the docks and spigons currently engaged in the activity of ship-to-ship, situated between the concession of the shipyard Sons of J. Barreras, in the roundabout of the street Coruña and the lonja of height located in the extreme west of the fishing port.

Complementary and Linked Port Use to Port-City Interaction, under compatibility. This use is assigned to the area occupied by the industries located on the land side of the second stretch of Beiramar Avenue, and by the concessions of auxiliary activities to the naval industry of Orbe, S.A., Constante Barreiro González and Small and ASTER and others, of the first section of the avenue.

Nautico-Deportivo Port Use. This use is assigned to sports nautical pants located on the first stretch of Beiramar Avenue, adjacent to the Shipyards and the San Gregorio.

Fishing Port Zone:

Fishing Port Use. This use is assigned to the entire surface located on the sea side of the Beiramar vial, including the docks, spigons, docks and buildings that make up the current fishing port, with the exception of a part of the shipowners ' premises. located south of the Berbes ' darsena 2.

complementary Port Use. This use is assigned to the area occupied by buildings located on the land side of the Beiramar road, from the current building of the Palace of Congresses and Exhibitions, to the roundabout of access to the fishing port and the main access road and distribution.

Use Linked to Port-City Interaction. This use is assigned to the shipowners 'premises located south of the Berbes' darsena 2, adjacent to the central-port area.

Ludico-Port Central Zone:

complementary Port Use. This use is assigned to the space occupied by the buildings of the Board of Directors of the Harbour Authority and the Maritime Station, located to the west and center, respectively, of the dock of transatlantic; to the fringes of land parallel to the cantiles north and east of the dock 2 of the fishing port; and to the spaces occupied by the institutional buildings: Port Authority, Customs, Command of Marina and SAGEP, located around the Praza da Estrela. and the main road of access and distribution.

commercial Port Use. This use is assigned to the surface of the north side of the transatlantic dock, in a strip of 20 m wide in all its length, and to the cantilles of the outer springs that make up the dock of the marina.

Nautico-Deportivo Port Use. This use is assigned to most of the current facilities of the marina, currently granted in concession to the Real Club Nautico de Vigo, with the location of new trousers for the mooring of sports boats in the darsena from A Laxe. This use is also assigned to half of the ship located on the east side of the transatlantic dock.

Use Linked to Port-City Interaction. It is assigned to the gardens of Elduayen (Montero Ríos), to the surface and commercial building of the Praza da Estrela, to the surface of the dock situated between the Nautical Club and the dock of A Laxe, with the exception of the cantil; to the surface of the dock of transatlantics situated between the buildings of the Board of Directors of the Harbour Authority and the Maritime Station, to the half of the ship located to the east of that dock to which the Nautico-Sports Use has not been assigned. This use is also assigned to the dock area between the commercial centre of A Laxe and the A Laxe and 2 docks of the fishing port, with the exception of the strip parallel to the cantil of the latter, which has been allocated a Complementary Port.

Commercial Muelles Zone:

commercial Port Use. This use is assigned to the entire surface, buildings and installations, of the transverse springs, Arenal and Guixar, and to the surface that extends from the cantil of the dock of the Commerce to the existing buildings on that same dock, including the extension works that were running at the time the file was started and which are currently completed.

Complementary port use in a system of compatibility with the Use Linked to the Port-City Interaction, to the ships located on the dock of the Trade and to the main road of access and distribution.

Use Linked to Port City Interaction. This use is assigned to the set of the trade dock esplanade, except to the existing ships on the esplanade, which are assigned this use in a system of compatibility with the Supplementary Port Use, and to the area that extends between those ships and the cantil, which has been assigned a Commercial Harbour Use.

A Lagoon Zone:

complementary Port Use. This use is assigned to the current facilities of the Vulcano Factorsillero-Varadero.

Nautico-Deportivo Port Use. This use is assigned to the current facilities of the marina of A Lagoa.

Use Linked to Port-City Interaction. It is allocated to the land currently occupied by the concessions granted to Regenasa and Freiremar.

Rios-Teis Zone:

complementary Port Use. This use is assigned to the entire area, except for existing herring and to the area between the wastewater treatment station and the beach of Arealonga.

Use Linked to Port-City Interaction. This use is assigned to existing herring and to the area between the wastewater treatment plant and the beach of Arealonga.

Nautico-Deportivo Port Use. It is assigned to the existing floating trousers in the area, although these do not compute as a surface.

Redondela municipal term:

complementary Port Use. This use is assigned to the land and facilities of the industries currently implanted in the area, three sections being distinguished: from the land granted in concession to Frigoríos Oya, to the west end of the beach of Cabanas, near to the Rande bridge; from the east end of Cabanas beach, to the west end of the beach of Rande, and from the east end of this last beach, to the west end of the grounds currently awarded to David Fernandez Large.

commercial Port Use. This use is assigned to the land currently awarded to David Fernandez Grande.

Port Use. Reserve Space. The stretch of coast between the southern end of the concession granted to David Fernandez Grande and the southern end of Punta Soutela is proposed as a reserve space.

Use Linked to Port-City Interaction. This use is assigned to the Chapela ride and to the stretch of coast between the grounds of the former concession of the ore load and the east end of the beach of Rande.

Nautico-Deportivo Port Use. This use is assigned to the existing floating trousers in the area. These do not compute as a surface.

Vilaboa municipal term:

Use Linked to Port-City Interaction. This use is assigned to the shore slots that remain within the service zone of the port.

Nautico-Deportivo Port Use. This use is assigned to the existing floating trousers in the area. These do not compute as a surface.

Moana municipal term:

complementary Port Use. This use is assigned to the facilities and docks of all the companies in the area, dedicated mainly to the shipbuilding and repair, both in the area of Domaio, from Punta Arao, to the east end of the beach of Mouro; as in the area of Brass, between the west end of the beach of Borna and the west end of the dock next to the land awarded in concession to the Rodman Shipyards, on the beach of Laton; and in the area of Meira, between the land occupied by the concession granted to AIGER, at Punta Arreas, and the grounds occupied by the Aaxunqueira Shipyards, south of the beach do Cocho.

Port Use. Reserve Space. It is proposed as reserve space for the stretch of coast situated in the area of Meira, between the concession granted to Aaxunqueira Shipyards, south of the beach do Cocho, and the point 396 of the deslinde " Municipal term of Vilaboa to Municipal Term of Cangas ", approved by Ministerial Order of 17 July 2007.

Nautico-Deportivo Port Use. This use is assigned to the existing floating trousers in the area. These do not compute as a surface.

Use Linked to Port-City Interaction. This use is assigned to the ride of Domaio, to the muellecito de Laton and to the rest of the stretch of coast of Laton.

Cangas municipal term:

complementary Port Use. It is assigned to the area where the current facilities of the concession granted to Fridges del Morrazo are located, as well as to the coat of coat located on the south side of the dock and to the existing surface between both.

Sixth. Publication.

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

Madrid, 13 April 2015. -Minister for Development, Ana Maria Pastor Julian.