The Plan for the Use of Space and Port Uses of the port of Vilagarcia of Arousa and its ria was approved by Order FOM/30 37/2005 of 14 September.

This Use Plan considered that the land on which the headlamps attached to the Port Authority of Vilagarcia were located were part of the service area of the port.

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, for which it is approved in its article 28, establishes that the territorial scope of jurisdiction of the Harbour Authorities is the understanding within the limits of the zone of service of the port and the spaces affected to the service of marine signaling whose management is assigned to them. This is, it distinguishes between two different territorial areas, the service area of the port and the spaces affected to the service of maritime signage, being the delimitation of the Spaces and the Port Uses, as established in article 69 of the Text Recast, the instrument for determining the service zone of the ports.

According to the above, it is considered an error the inclusion of the maritime signals attached to the Port Authority of Vilagarcia in the service zone of the port of Vilagarcia of Arousa that must be remedied.

Also, new surfaces generated by works executed after the approval of the Plan of Use, as well as the building of the Navy Command, must be incorporated into the port's land service zone. which, after having been vacated by the Ministry of Defense, has again to have the consideration of harbour public domain attached to the Harbour Authority of Vilagarcia of Arousa.

These additions must be processed by means of an amendment to the delimitation contained in the Plan for the Use of Harbour Spaces and Uses currently in force, approved by Order FOM//30 37/2005 of 14 September.

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, for which it is adopted establishes that, where the first modification of an approved Use Plan prior to the entry into force of Law 33/2010 of 5 August is applicable, it must be adapted to the provisions of the in Articles 69 and 70 of this Law, so as to be considered as a whole a Delimitation of port spaces and uses.

This is why, in addition to the subhealing of the error related to the lighthouses already mentioned and the incorporation to the land service area of the works executed in the Commercial Pier and the Marine Command, the document processed includes the adaptation of the old Use Plan to the provisions of the legislation currently in force.

This modification of the delimitation of spaces and port uses of the Port of Vilagarcia of Arousa implies an alteration of the external delimitation of the port's service area and therefore, 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 amendments which are of a substantial nature must be submitted to the approval procedure provided for in Article 69 of the recast text for the drafting of a new delimitation.

According to this, the Board of Directors of the Port Authority of Vilagarcia of Arousa approved, in session held on September 26, 2013, the beginning of the processing of the modification of the delimitation of spaces and port uses of the Port of Vilagarcia of Arousa.

The mandatory reports were requested and the document was submitted to the public information procedure for the period of forty-five days. On October 16, 2013, the Provincial Coast Service of Pontevedra reported favorably on the proposal. It also has the favourable report of the General Secretariat for Sport and the Conseleries of the Rural and the Sea, and of the Environment, Territory and Infrastructures of the Xunta de Galicia, and the Ministries of Defense, Interior and Finance and Public Administrations.

Finally, the public body 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 Vilagarcia of Arousa and observe that the requirements laid down in Article 70 of the Recast Text of the Law of State Ports and of the Merchant Navy approved by Royal Decree-Law 2/2011 of 5 September, for which it is approved, have been complied with.

In its virtue, on the proposal of the Port Authority of Vilagarcia of Arousa, and the President of Ports of the State, with the agreement of the Secretary of State for Infrastructures, Transport and Housing, completed the required formalities for 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 Vilagarcia of Arousa, written in accordance with the recast of the Law of Ports of the State and the Merchant Navy, is approved. by Royal Decree-Law 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 Vilagarcia Port Authority of Arousa.

Second. Exclusion of the headlamps from the service area of the port of Vilagarcia de Arousa.

The delimitation of the service zone of the Port of Vilagarcia of Arousa, approved by Order FOM/30 37/2005, of 14 September, is modified in the sense of not considering the following maritime signs: Faro de Rebolino, Faro de Monte Louro, Faro de Punta Cabalo, Faro de Punta Insua, Faro de Corrubedo, Faro de Salvora and Faro de Rua, as an integral part of the service area of the port of Vilagarcia in Arousa and its estuary.

This exclusion does not alter, in any case, its condition of port public domain affected the service of maritime signage attached to the Port Authority of Vilagarcia of Arousa.

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

It is incorporated into the land service area, in the area of the Commercial Pier, an area of 13,320 m² , generated by the execution of the work of "Enlargement of the West Commercial Pier". Said surface is represented graphically in Plano No. 2 of the document. You are assigned Commercial Port Use.

They are incorporated into the service area of the Vilagarcia port of Arousa, the land and facilities corresponding to the former Navy Command, as well as the adjoining plots that were attached to the Ministry of Defense. as a security zone, which together assume an extension of 5.582 m². These plots are graphically represented in Plano No. 3 of the document. They are assigned mixed use: Use Linked to Port-City Interaction and Supplementary Port Use or Auxiliary.

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

The present modification of the Plan of Use, which becomes known as the 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 as established in 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 this way, the following table of adaptation of the naming of the assigned uses is approved:

Old Denomination of the Usos Plan

Royal Decree-Decree 2/2011, September
commercial Port Use.	commercial Port Use.
Port Use.	Port-to-Sport Port Usage.
Supplemental.	Supplementary or Auxiliary Port Use.
Use.	Related Use Puerto-City interaction.
Use of Infrastructures and Open Works.	Commercial Port Use.

Fifth. 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.