Advanced Search

Order Fom/824/2015, Of 13 April, Which Approves The Valuation Of The Land And Water Of The Service Area Of The Port Of Pasaia.

Original Language Title: Orden FOM/824/2015, de 13 de abril, por la que se aprueba la valoración de los terrenos y lámina de agua de la zona de servicio del puerto de Pasaia.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.


The public body Ports of the State has referred to the Ministry of Public Works, for its approval, the proposal of "Valuation of the Land of Public Domain and Water Lamina of the Service Zone of the Port of Pasaia", managed by the Harbour Authority of Pasaia, which has the condition of port of general interest and is of exclusive competence of the General Administration of the State in accordance with the provisions of article 4 and Annex I of the Royal Decree Legislative 2/2011, September 5, for which the Recast Text of the Law of State Ports and the Navy is approved Merchant (hereinafter TRLPEMM), in conjunction with Article 149.1.20. of the Constitution.

The determination of the value of the land and the waters of the service area of the port is necessary to calculate the amount of the occupation rate that will be stopped in favor of the Harbour Authority for the occupation of the domain port public by virtue of authorisation or concession, since, in accordance with Article 175 of the TRLPEMM, the tax base of the levy is the value of the public domain good occupied.

The proposal to evaluate the land and water sheet has been formulated by the Port Authority of Pasaia, including, among the necessary background and studies, an economic-financial memory. This proposal has been drawn up and processed in accordance with the provisions of Article 175 and Article 177 of the TRLPEMM and has been submitted to public and informed information by the public body Ports of the State and without objections by the Ministry of Finance and Public Administrations.

As provided for in Article 175 (a) of the repeated TRLPEMM, the value of the land will be determined on the basis of market criteria. To this end, the service area shall be divided into functional areas, assigning to the land included in each of them a value by reference to other land of the municipal term or to the next municipal terms, with similar uses and conditions, in particular those qualified as commercial, industrial or logistical, taking into account the appropriate use. In addition, in the case of areas destined for terminals and other facilities for handling goods, the value of port areas which could be alternatives for the traffic of such a port may also be taken into consideration. In addition, in the final assessment of the land in each area, account must be taken of the degree of urbanisation in the area, the management characteristics laid down in the port's special plan, its centrality in the service area, and its proximity, accessibility and connection with the different transport modes and infrastructure, in particular to the docking facilities and sheltered water areas.

Regarding the assessment of water, point (b) of the same precept stated that the value of the water spaces included in each of the functional areas in which the service zone of a port is divided determine by reference to the value of the land in the areas of the service area with similar purpose or use or, where appropriate, to the nearest land. It also provides that the assessment must take into account the conditions of shelter, depth and location of the waters, without being able to exceed the value of the reference grounds.

The land of the service area of the Port of Pasaia are those defined in the current Plan of Use of the Port Spaces approved by Order FOM/2416/2006, of July 19 (BOE of July 25, 2006), file represented in the corresponding plane and split into functional areas as follows:

-Functional Area I.

Occupies the two coastal paths of the port access channel.

In the left margin, it extends between Arando Chico and the beginning of the pier of San Pedro, in Punta de la Torre. It is a very narrow and uneven strip of land, which in the final third is slightly widens and includes a small yard.

By the right margin, the coastal strip is not wider, and the structure of the mountain is also steep. It extends between Arondo Grande and the industrial area of Donibane, without including it.

-Functional area II.

It has been designated as such to the harbour space provided with docks between the first dock of Pasajes of San Pedro and the pier of Trincherpe, except for the two docks of Pesceria.

This area is divided into two subareas:

-Functional Area II-A.

It consists exclusively of the docks of San Pedro, that is, the northern zone, with the few lands that support them.

-Functional Area II-B.

Comprises the terrains of the pier of Trincherpe, with their respective esplanade, until they reach the area of La Herrera.

-Functional Area III.

It hosts the docks of Pesqueria 1 and 2, as well as the grounds that support them to the exterior. On these grounds is the ice factory, as well as the future auction. These areas separate the two sub-areas mentioned above (A.F. II-A and A.F. II.B).

-Functional area IV.

It covers the entire area of Herrera, with its dock, which is divided into two sub-areas:

-IV-A. Functional Area

It covers the grounds of the northern Herrera, that is, those above the route of service that runs in east-west direction. It includes most of the Hospitalillo Muelle, except the southern strip in a length of twenty meters that are reserved for the A.F. IV-B.

-IV-B Functional Area

It covers the lands of southern Herrera, where there are a number of industries that use the means of navigation for their service, or serve them. They are very old buildings that are in total obsolescence and are going to be the subject of total remodeling. It also has the twenty meters of the "Hospitalillo" pier that has been reserved for you in the Special Plan.

The bottom has a railroad track that connects to the general network.

-V functional area

Hosts the Herrera docks in its southern alignment and Clock, with its esplanades. Enjoy a number of stores destined for bulk storage of all kinds.

It has rail connected to the national network.

-Functional Area VI.

It consists of the Advanced docks, Buenavista, Molinao, Capuchin and Petroleum.

In all cases, the space that supports the docks belongs to this A.F., except for the docks of Capuchinos and Petroleos, in whose cases the terrain is limited by the concessions closest to the docks.

It is the area with the highest number of buildings, including the building that houses the offices of the Port Authority and other administrative buildings. All of them located in the westernmost part. It also has warehouses that are dedicated to bulk storage and general merchandise.

It also has railroad tracks installed throughout its journey, connecting from them with the national network.

-Functional Area VIII.

Formed by two contiguous spaces connected, and with identical use, separated only by the river Oyarzun, the outermost terrain, the left margin of the river, is the one occupied by the Capuchin peninsula, with the exception of those assigned to the Functional Area VI, i.e. the dock of Capuchinos, with the warehouse and the grounds behind it, bounded by a fence, as well as the dock of Petroleos, likewise, backed by a concession.

The grounds of the right bank of the river, which are included in this functional area, extend, after the end of the Lezo 3 spring, to the end of the Lezo 3, reaching the outer wall of the river. delimitation of the land of the service area.

The separation between this A.F. and the A.F. X, is an imaginary line, that part of the point of separation between the Lezo 3 and Lezo 2 springs, which is bisector to the interior of the angle that form both springs.

The river's right-margin esplanade enjoys railway tracks connected to the national rail network.

-Functional area IX.

It is an interior plot, which connects with the A.F. VIII through the passage below a vial of the municipal term Lezo, where it runs the railway line connecting that A.F. with the national network, which in turn passes through this plot.

-Functional area X.

They are the docks Lezo 1 and Lezo 2, with the grounds that support them, even the outer line, which is not too deep; apart from the actual impossibility of enlargement because of the steep terrain. Both springs form a wide obtuse angle. The corresponding esplanades do not suffer any separation, forming a homogeneous whole, which has railway connected to the national grid.

In addition, the esplanade, which is dedicated to storing the coal used to produce electrical energy, is part of this functional area and extends between the spring and the outer fence. It begins at the end of the Lezo 1 pier, at its western end, precisely where the so-called Iberdrola dock begins.

This area also includes the land currently occupied by the thermal power plant and its environment. It has no dock, simply a pitfall that connects it to the water sheet. It does not have direct access to the rest of the service area, communicating with the outside through the road that links Pasaia with Lezo.

-Functional area XII.

On the small peninsula of Donibane, land has been gained from the sea in two spaces that constitute the two subareas described below:

XII-A functional area

Exclusively covers land occupied by the yard. It starts on the southwest wall of protection of the thermal power plant and follows the new wall of the yard, by the line of dislinde exterior of the service area, until, passed the access door, turns to the south, and after bordering the ramps of Stranded by poniente, access the water sheet.

XII-B. Functional Area

Rest of the land area occupied by the A.F. XII. It consists of the grounds on which a complex for industrial use has been erected. It has a newly built dock dedicated exclusively to this space.

You do not have direct access to the rest of the service area, communicating through the city center of Pasaia de San Juan, and through it, along the road that links it with Lezo, connects with the rest of the environment.

The water spaces included in the proposed valuation are those defined in the aforementioned Plan of Use of Port Spaces approved by Order FOM/2416/2006, of July 19 (BOE of July 25, 2006), the file represented in the corresponding plans and have been divided into functional areas as follows:

Zone I. sheltered waters.

Which is divided into the following functional areas:

-Zone I-1.

Zone I waters bounded by the docks of San Pedro, Pescateros 1 and 2, Trincherpe, Hospitalillo, Herrera, Clock and Advanced; closing the polygonal with the straight line that joins the end of this one with the beginning of San Pedro, respecting the docking zone.

-I-2 Zone.

Water from Zone I corresponding to the first part of the mouth of the river Oyarzun, being the docks of Capuchinos and Petroleos, those that mark it by the left margin, and those of Lezo 3, 2 and 1, that of Iberdrola and the Boatyard, the ones bordering it by the right margin. A line that part of the end of the Shipyard and ends at the beginning of the dock of Capuchinos, closes the area.

-Zone I-3.

Zone I waters bounded by the Buenavista and Molinao docks on the left margin, and the Donibane pier on the right margin. The zone closes three straight lines: One that links the end of Molineo with that of the Shipyard already described, another one that joins the outer end of Donibane with the one more to the north of San Pedro, and finally the already described one that unites this point with the more next to the Advanced dock.

-Zone I-4.

Zone I waters that cover the entire access channel between Arando Chico and Arando Grande through the mouth and the line already described that unites Donibane with San Pedro.

-Zone II. Unsheltered waters.

It is constituted by the waters of anchorage outside the mouth. It comprises the surface between the coast and the latitude of the Punta de Turulla and the lengths of Punta Atalayero to the west and Punta de la Turulla to the east of the entrance mouth.

The valuation proposal, as indicated, has been prepared and processed in accordance with the provisions of Articles 175 and 177 of the Recast Text of the Law of State Ports and the Merchant Navy, approved by Real Decree Legislative 2/2011 of 5 September, having submitted to the public information procedure and to the reports of the Ministry of Finance and Public Administrations and the Public Body Ports of the State.

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 assessment.

The "Valuation of the Land and Water Lamina of the service area of the Port of Pasaia" is approved.

A copy of the original document will be deposited with the Ministry of Public Works, another in the Public Body Ports of the State and a third in the Port Authority of Pasaia.

Second. Land values and water sheet.

The values of each of the functional areas of the land service area, as well as the waters, are as follows:




Functional area

Value €/m2






San Pier Peter.



Trintxerpe and Hospitalillo Muelles.




Herrera North.



Herrera South.



Muelles Herrera and Clock.



Buenavista, Molinao, and Caputxinos.



Caputxinos and Lezo-3 Peninsula.



Lezo Interior Parcela.



Lezo 1 and 2 and Iberdrola.





Muelle Donibane and Bordaladdress.


I-1 Zone

Zone I-1


I-2 Zone


Zone I-3


Zone I-4


Zone II


Third. Publication.

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

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