Order Fom/823/2015, Of 13 April, By Which Approves The Substantial Modification Of The Delimitation Of Spaces And Uses Port Of The Port Of Vilagarcia De Arousa And Its Estuary.

Original Language Title: Orden FOM/823/2015, de 13 de abril, por la que se aprueba la modificación sustancial de la delimitación de espacios y usos portuarios del puerto de Vilagarcía de Arousa y su ría.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5041

The Plan of use of spaces and uses port of the port of Vilagarcia de Arousa and its estuary was approved by order FOM/3037/2005, of 14 September.

The Plan of use considered that the grounds on which sit the lights attached to the port authority of Vilagarcía were part of the service area of the port.

The revised text of the law of the State and the merchant marine, ports approved by Royal Legislative Decree 2/2011, on 5 September, which approves in its article 28, establishes that the territorial scope of the port authorities is the understood within the limits of the area of the port and service spaces affected at the service of marine signaling with management assigned to them. That is, it distinguishes between two different territorial areas, the service of the port area and spaces affected maritime signalling service, being the delimitation of spaces and port applications, as established in article 69 of the consolidated text, the instrument to determine the service area of the ports.

In accordance with the above, is considered an error the inclusion of maritime signals assigned to the port authority of Vilagarcía in the service area of port of Vilagarcia Arousa which must be rectified.

Also new surfaces generated by work that was performed subsequent to the adoption of the Plan of use, as well as the building of the marine command, which, after having been vacated by the Ministry of defence, returns to be regarded as public domain port attached to the port authority of Vilagarcía de Arousa must merge onto land service of the port area.

These additions must be processed through a modification of the delimitation contained in the Plan of use of spaces and port applications currently in force, adopted by order FOM / / 3037/2005, of 14 September.

The proposed amendment does not affect the rest of the port area of service, but the transitional provision of the consolidated text of the law of the State and the merchant marine ports approved by Royal Legislative Decree 2/2011, 5 September, which approves sixth 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.

Because of this, in addition to the correction of the error relative to the headlights already referred and incorporation into the area of ground service of the works executed in the commercial dock and the Comandancia de Marina, the transacted document includes the adaptation of the old Plan of use provisions in the legislation currently in force.

The present modification of the delimitation of spaces and the port of Vilagarcia de Arousa port applications involves an alteration of the outer delimitation of the service area of the port, under article 70 of the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011 5 September, has character of substantial change.

The referred article states that those modifications which are substantial in nature, must undergo the procedure laid out in article 69 of the mentioned consolidated text for the drafting of a new delimitation.

Accordingly, the Board of Directors of the port authority from Vilagarcía de Arousa approved, at its session held on September 26, 2013, the start of the processing of the modification of the delimitation of spaces and the port of Vilagarcia de Arousa port applications.

The mandatory reports were requested and the document was subjected to the procedure for public information for the period of forty-five days. Dated October 16, 2013, the Provincial service of Pontevedra coast reported favorably the proposal. It also has the favorable report of the General Secretariat for sport and of the departments of the Rural Environment and the sea, and of environment, territory and infrastructures of the Xunta de Galicia, and the ministries of Defense, Interior and finance and public administrations.

Finally, the public entity Puertos del Estado reported favorably the substantial modification of the delimitation of spaces and port applications, to respond to the current needs of the port of Vilagarcia de Arousa and observe that the requirements set out 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, whereby is approved.

In his virtue, a proposal from Vilagarcía de Arousa port authority, and the President of Puertos del Estado, with the agreement of the Secretary of State for infrastructure, transport and housing, fulfilled the formalities required by the legislation in force, I 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 Vilagarcia de Arousa, written agreement 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 at the port authority of Vilagarcía de Arousa.

Second. Exclusion of the lighthouses of the service area of the port of Vilagarcia de Arousa.

Amending the boundary of the service area of the port of Vilagarcia de Arousa, approved by order FOM/3037/2005, of 14 September, in the sense of not considering the following maritime signals: Lighthouse Rebordiño, Monte Louro lighthouse, lighthouse of Punta Cabalo, lighthouse of Punta Insua, Corrubedo lighthouse, Faro de Sálvora and Rua Faro, as an integral part of the service area of the port of Vilagarcia de Arousa and its estuary.

This exclusion does not alter, in any case, its public domain status port affection to the maritime signalling service attached to the port authority of Vilagarcía de Arousa.

Third party. Surfaces to add definition and assignment of applications.

He joined the area of ground service, in the area of the commercial dock, an area of 13.320 m2 of extension, generated by the execution of the work «Extension of the pier shopping West». This surface is represented graphically in the plane no. 2 of the document. The commercial port is assigned.

Grounds and corresponding to the former headquarters of marine installations, as well as the adjoining parcels that were attached to the Ministry of defence as an area of security, which are, as a whole, an area of 5.582 m2 are incorporated into the service area of the port of Vilagarcia de Arousa. These plots are represented graphically in flat No. 3 of the document. You are assigned the mixed use: use linked to the port-city interaction and complementary port use, or auxiliary.

Room. Adaptation of the determinations of the old Plan of use to the legislation in force.

This 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 other than by their direct relationship with port activity , must necessarily develop in the port and adapted the name of applications allocated in the whole of the service area of the port to provisions of the consolidated text of the law of the State and the merchant marine ports approved by Royal Legislative Decree 2/2011, from 5 September.

Thus approves the following table of adaptation of the naming of assigned applications: name former Plan of uses name Royal Decree 2/2011, 5 September commercial port.





Commercial port.






Use port sports.





Sport port use.






Complementary use.





Supplementary or auxiliary port use.






Use equipment.





Use linked to the port-city interaction.






Use of infrastructure and shelter works.





Commercial port.





Fifth. Publication.

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

Madrid, April 13, 2015.-the Minister of public works, Ana María Pastor Julián.