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Order Fom / 819 / 2015, Of 21 Of April, By Which Is Approves The Delimitation Of Spaces And Uses Port Of The Port Of Ceuta.

Original Language Title: Orden FOM/819/2015, de 21 de abril, por la que se aprueba la delimitación de espacios y usos portuarios del puerto de Ceuta.

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TEXT

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 service area of the port of Ceuta currently in force is the one for the Reformed Project of the service area of the port of Ceuta, approved by the Ministerial Order of 25 February 1964, except for those parcels which have been unaffected on a one-off basis, by subsequent ministerial orders. The delimitation of zones I and II of waters in the port of Ceuta was established by Ministerial Order of 23 December 1966.

In order to comply with the provisions of Article 96 of Law 48/2003 of 26 November, of economic regime and of the provision of services of ports of general interest, as amended by Law 33/2010, of 5 August, then In force, which has subsequently been incorporated to the recast Text of the Law of Ports of the State and the Merchant Marine, the Board of Directors of the Harbour Authority of Ceuta has agreed, in session held on February 22, 2011, the beginning of the Processing of the Delimitation of Spaces and Port uses of the port of Ceuta.

This delimitation does not incorporate new ground spaces to the port service area other than those generated by the execution of port works, modifying the land service area only in the sense of to exclude two plots that already have a markedly urban character. The assigned uses maintain, in general terms, the current zoning of the port of Ceuta.

In relation to the area of water, it is extended in the area of the northern anchorage, excluding itself from the service area, as it is considered unnecessary for the port activity, the so-called southern anchorage and, in the north of the external waters, a parallel strip at the coast of 200 metres.

The file has been processed as set out in the Recast Text of the Law of Ports of the State and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September,

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, by notice in the Official Gazette of the Autonomous City of Ceuta, No 5.137 of 9 March 2012, without any allegation being received.

As of March 23, 2012, the Coasts service of the Functional Area of Promotion of the Government Delegation in Ceuta reported favorably the proposal.

With regard to the situation of the Social Institute of the Navy, a body that is affected by the processing of this delimitation, it is to be said that, according to the provisions of the second transitional provision of the Text Recast of the Law of Ports of the State and the Merchant Navy, will be able to maintain its current activity until December 15, 2027, at which time its concessional title will be extinguished.

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 Ceuta and to observe that the requirements have been met established in Article 69 of the Recast Text of the Law of State Ports and the Merchant Navy.

In his virtue, on the proposal of the Port Authority of Ceuta, 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 Ceuta Spaces and Uses of the Port of Ceuta is approved, written in accordance with the Recast Text of the Law of State Ports and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 of September. A duly endorsed copy will be deposited in the Ministry of Public Works, another at Ports of the State and a third in the Port Authority of Ceuta.

Second. Delimitation of the land service area.

The land service area of the port of Ceuta, reflected in the plans No. 3.1 of the document, corresponds to the currently in force, except in the exclusion of the parcels that are defined in the device fourth of this order, and includes the following ground spaces:

By the north, the levees and docks located to Poniente and Levante that close the port and form the mouth.

By the southwest, the Canonero Dato Pier, where the maritime terminal of passengers and the esplanades is located that, located to the south of said dock, extend from the way of service of the same, to the tapial that borders with the old railway station and nearby houses.

To the west, the esplanades of Poniente to the escorts that give to the sea and that are limited by this one at the northern and western ends and by the edge of the road of circulation that gives service to the traffic of the esplanade and which runs in parallel to the coast of its southern tip. In these grounds, the road of service which, in the east-west, links to the road leading to Benzu, nor the language of land between the road and the road which serves the esplanades, is not included.

By the south, the pier of Spain and the ramp that gives access to it from the city, including the roundabout that serves the traffic at the end of the bridge of the Christ. It is excluded from the area of service the set of dwellings for employees that are in the face of the ramp of the dock and that in east-west direction they line south with the esplanades of the Canonero Datato pier. In the eastern part, the land which includes the bridge of the Paseo de las Palmeras, the marina and the fishing dock, as well as the lands gained to the sea, located between the two, in which the Marine Park is located, the Seaman village, the city park and the city's Heliport. These lands border down the south with the canvas of walls that closes the city.

By the east, the Alfau pier, from the port of call to the Levante pier, and the ramp that gives access to it up to the wall that closes the ring road of Mount Hacho.

Third. Delimitation of the area of water.

Zone I, or interior, of the waters of the port of Ceuta is the one between the coast, the puffer dykes and the line that joins its blackberries. It covers the sheltered water spaces, occupying an approximate surface of 100.65 Ha and includes the commercial, fishing and nautical-sports docks.

Zone II, or exterior, of the waters of the port of Ceuta includes the access and navigation channels and the waiting and anchoring areas, comprising the water spaces located to the south of the imaginary line defined by Punta de Santa Catalina (35º 54 '24' 'N and 5th 17' 19 '' O) and Punta Blanca (35º 55 '2' 'N and 5º 21' 55 ' O), between this and the coast, excluding a strip of sea next to the coast of 200 m wide. The area of area II of water occupies approximately a surface of 549 hectares.

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, land and buildings that are collected in Plano 5.1. Sheet 2/2: "Affections and Disaffections" of the document, which are as follows:

plot to: plot and buildings constructed on the same, located at the east end of the Canonical Dato pier, in its union with the ramp of access to the pier of Spain. The plot has a trapezoidal shape and a total surface of 17,984 m2.

plot b: plot and buildings built on it, located in the west end of the esplanades of the Canonero Dato pier, including the old road of service of the port that links with the national highway of Ceuta to Benzu, in a length of 875 m and variable width between 5 and 7 m in all its length. The set occupies a total surface of 10.963 m2.

Their disaffection has been favourably informed by the competent administration in the field of coasts and they do not retain the natural characteristics of land-based marine public domain, so, once they have been affected, become part of the heritage of the Port Authority of Ceuta.

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 the Merchant Navy, approved by Royal Decree Legislative 2/2011 of 5 September.

In the zone II of waters of the port of Ceuta, they are disaffected from the harbour public domain and are excluded from the service zone, the following spaces of water:

In the south, the area of water whose delimitation, in accordance with the Ministerial Order of 23 December 1966, is as follows: a water area within a line from the border with the kingdom of Morocco towards the east and in length of 550 m and from this point with orientation N 63º 20 ' E and length of 2,720 m until reaching a point located 250 m from the coast where it closes this area.

In the north, a 200 m strip of width next to the coast.

Its disaffection has been favourably informed by the competent administration in the field of coasts and retains the natural characteristics of land-based maritime public domain, so, once they have been affected, They shall automatically incorporate into their own use the terrestrial maritime public domain governed by Law 22/1988 of 28 July of the coast.

Fifth. Assignment of uses.

The management and allocation of uses established for the port of Ceuta is detailed in paragraph 6 of the document: "Proposal for Ordination", reflecting graphically in the Plan 4.2 the assigned uses. The sort proposal is as follows:

Dato Canonero Pier. Passenger Terminal: Comprises the remaining land of this dock, from the cantil to the road of service that runs parallel to the dock. The land borders on the southeast side with the pier of Spain and by the Northwest with the esplanades of poniente. You are assigned a "Commercial Port Use".

Within this area may also be given, provided that it is to a lesser extent, and that in no way can the main use, other uses, complementary or ancillary to the use be affected, disturbed, interfered or impaired. port commercial, relating to logistic, transport, service or storage activities that because of their direct relation to the maritime traffic of passengers, vehicles and goods are justified to be located in this zone.

Dato Canonero Pier. Esplanadas: Comprises the lands that remain south of the road of service of the dock, from this to the tapia that limits the immediate lands to the old railway station and the houses adjacent to the southeast. It borders the street that gives access to the homes of the Muelle of Spain, and to the Northwest with the set of housing for employees, leaving out of the service area said dwellings. The use assigned to this zone is the "Supplementary Port Use".

Within this area may be given, provided that it is to a lesser extent, and that in no way can the main use, other uses such as commercial activities, be affected, disturbed, interfered with or undermined. The port of the city, which has no alternative for its location in the municipal area, must-for its special interest to the economy or the functioning of the city-be located in the town, all this provided that the future development of the port and the operations of the harbour traffic and they conform to the established in urban planning.

The Navy Command building, while within the port service area, will maintain its status as a public domain, affecting the Ministry of Defense.

Pier of Poniente: The area is the dam of the west, from the intersection with the Dock Canonero Dato to the morro of the same, the dock located in the first alignment and the exposed planses to the same one that remain limited by the separation fence which runs through the East-West embankment. You are assigned the "Commercial Port Use".

Within this area may also be given, provided that it is to a lesser extent, and that in no way can the main use, other uses, complementary or ancillary to the use be affected, disturbed, interfered or impaired. port commercial, relating to logistic, transport, service or storage activities that because of their direct relation to the maritime traffic of passengers, vehicles and goods are justified to be located in this zone.

West of Poniente: They are located in the western part of the port and southwest of the western dock, being adjacent to the dam and to the area of the Dato Canonero Pier. They are assigned the "Supplementary Port Use".

Pier of Spain: This area includes the pier that bears its name and the ramp that gives access to it from the city, to the roundabout that serves the traffic, located at the end of the port of the Christ. You are assigned the "Commercial Port Use".

Within this zone, they may also be given, provided that it is to a lesser extent, and that in no way can the main use, other complementary or ancillary uses, be affected, disturbed, interfered or impaired. port commercial, related to logistic, transport, services or storage activities that because of their direct relation to the maritime traffic have justification to be located in this zone.

Levante Pier: The area is the levee of Levante, from the intersection with the Alfau pier, to the morro of the same. You are assigned a "Commercial Port Use".

Within this zone, they may also be given, provided that it is to a lesser extent, and that in no way can the main use, other complementary or ancillary uses, be affected, disturbed, interfered or impaired. port commercial, related to logistic, transport, services or storage activities that because of their direct relation to the maritime traffic have justification to be located in this zone.

Alfau Pier; Comprises the grounds of the Alfau pier, from the port of call to the Levante pier, and the ramp that gives access to it, to the wall that closes the ring road of Mount Hacho. It is assigned the "Supplementary Port Use".

Sports Pier: Located north of the Paseo de Las Palmeras, between the moat and the seafaring village. From that dock, they are transferred to the maritime service of the Civil Guard 30 m, and a building located in the morro of the spigon. It is assigned the "Port-to-Sports Port Use".

They may also occur within this zone, provided that it is to a lesser extent, and that in no way can the main use, other complementary or ancillary uses of the above, be affected, disturbed, interfered or impaired. whose location in the port is justified by its relation to the sports practice, the nautical use or the services they provide to the port users, including other uses linked to the port-city and other interaction non-strictly port commercial activities, provided that development is not prejudiced the future of the port and adjust to the established in the urban planning.

Fishing Pier: Located in the east of the dock and at the bottom of it. You are assigned a "Fishing Port Use".

They may also be given, provided that they are to a lesser extent, and that in no way can the main use, other complementary or ancillary uses of the above, be affected, disturbed, interfered with or undermined. the port is justified by its relation to the sea fishing, or by the services that they provide to the users of the port, even other uses linked to the port-city interaction and other commercial activities not strictly harbour, always the future development of the port will not be harmed and will be in line with the urban planning.

Esplanadas de la Marina Española: Terrónos located in the dock of the port, whose limits are: to the north, the border of the border that borders the sea; to the east, the enclosure of the fishing port; to the south, the avenue of the Company of Mar-including the rectification of its layout-and to the west, the marina. The uses linked to the port-city interaction are allowed in this area, provided that the future development of the port and the operations of harbour traffic are not harmed and that they are in line with the established planning.

In addition, there may be some port facilities and their services, either public or private, which are related to tourist traffic, and which provide cultural, recreational and recreational services. commercial, linked to the social life of the city.

evacuation zone: This is defined as an evacuation zone which is primarily intended for land transport, and the feasibility of access from the general network, the viability of bypass or distribution, the de penetration into the operating area and the areas of parking and maneuver.

The usage assigned for this zone is the "Commercial Port Usage".

Poniente and Levante Pants: They are assigned a "Commercial Port Use".

Sixth. Publication.

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

Madrid, April 21, 2015. -Minister of Development, Ana Maria Pastor Julian.