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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4985

Article 69 of the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, 5 September, establishes that the Ministry of public works will determine a service area that will include land and water spaces necessary for the development of the port uses in State-owned ports to that referred to in article 72.1 of the Act , reserve spaces that guarantee the possibility of development of port activities and those that may be linked to the interaction between applications mentioned in that article. This determination is made through the order Ministerial of delimitation of those spaces and uses port.

The area of service of the port of Ceuta existing currently is the corresponding to the project renovated of the area of service of the port of Ceuta, approved by order Ministerial of 25 of February of 1964, except in it relative to those plots that have been allowances with character punctual, by means of orders Ministerial later. The delimitation of the areas I and II of waters in the port of Ceuta was established by order Ministerial of 23 of December of 1966.

In order to comply with the provisions of article 96 of the law 48/2003, of 26 November, economic regime and provision of services in the ports of general interest, modified by Act 33/2010 of 5 August, then existing, who subsequently joined the text revised from the law of Puertos del Estado and the merchant marine , the Council of administration of the authority port of Ceuta agreed, in session held the 22 of February of 2011, the home of the processing of the delimitation of spaces and uses port of the port of Ceuta.

The present delimitation does not incorporate new areas of land to the port service area other than those generated by the execution of port works, modifying the area of ground service only in the sense of excluding two plots that already have currently a markedly urban character. The applications assigned maintained, in lines General, the zoning current of the port of Ceuta.

In relation to the area of water, it expands on the scope of the anchorage North, excluding from the area of service, deemed unnecessary for the activity of the port, the so-called anchorage South and in the North of the outer waters, a strip parallel to the coast of 200 meters.

Record has processed as set out in the text revised from the law of Puertos del Estado and merchant, approved by Royal Legislative Decree 2/2011, 5 September, was sought from the mandatory reports pursuant to article 69 of the Royal Legislative Decree 2/2011, from 5 September, and the document was subjected to the procedure for public information for the period of forty-five days , by notice in the official bulletin of the autonomous city of Ceuta No. 5.137, March 9, 2012, without that any allegation was received.

With date 23 of March of 2012, the service of coasts of the Area functional of promotion of the delegation of the Government in Ceuta reported favorably the proposed.

With regard to the situation of the Social Marine Institute, body which is affected by the processing of the present delimitation, can be said that, according to the collected at the disposal transient second the text revised from the law of Puertos del Estado and the merchant marine, may maintain its current activity until December 15, 2027 , moment in which will terminate its title concession.

Finally, the body public ports of the State has informed favorably the delimitation of spaces and uses port, to the respond to them needs current of the port of Ceuta and observe that is have fulfilled them requirements established in the article 69 of the text consolidated of the law of ports of the State and of the marine merchant.

In his virtue, a proposal from the Ceuta 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. Approval of the delimitation of spaces and port applications.

Approves the delimitation of spaces and uses port of the port of Ceuta, drafted in accordance with the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, 5 September. Of the document's modification will be deposited an exemplary duly visa in the Ministry of promotion, another in ports of the State and a third in the authority port of Ceuta.

Second. Delimitation of the area of service land.

The area of service terrestrial of the port of Ceuta, reflected in them flat No. 3.1 of the document, is corresponds with the currently existing, except in the exclusion of them plots that is defined in the device quarter of this order, e includes them spaces of land following: by the North, them dikes and springs located to West and to Levante that close the port and form it bocana.

By the Southwest, the dock gunboat Dato, in where is is located the terminal maritime of passengers and them esplanades that, located to the South of said spring, is extend from the road of service of the same, until the mud that limited with the old station of railway and them homes surrounding.

To the West, the esplanades of West up to the cliffs that overlook the sea and which are limited by this in the extreme north and West and by the edge of the vial of circulation that serves traffic from the Esplanade and runs parallel to the coast towards its southern end. In these areas is not included the path of service that connects with the road that leads to Benzú in East-West direction, or the tongue of land that falls between it and the road that gives service to the esplanades.

To the South, Spain dock and ramp giving access to it from the city, including the roundabout which serves to traffic at the end of the bridge of the Christ. It is excluded from the set of housing service area for employees that there is to the West of the dock ramp and that East-West border to the South the esplanades of the muelle Canonero Dato. In the area East, lands which include the bridge of the unfolding of the Paseo de las Palmeras, the Marina and the fishing dock, as well as the land reclaimed, located between the two, in which the maritime Park, Pueblo Marinero, urban park and the city heliport are located. These land limited by the South with canvas walls that closes the city.

To the East, Alfau dock, from the shipyard to the Levante dock and ramp that leads to the same up to the wall that closes the ring road of monte Hacho.

Third party. Delimitation of the zone of water.

Zone I, or inside, of the waters of the port of Ceuta is the understood between the coast, the dikes for shelter and the line joining their snouts. It includes warm water spaces, occupying a surface area of approximately of 100.65 Ha and includes commercial, fishing and nautico-deportiva docks.

The zone II, or outside, of the waters of the port of Ceuta includes access and navigation channels and areas of waiting and anchoring, comprising spaces of water South of the imaginary line defined by Punta de Santa Catalina (35 ° 24´´ N and 5th 17´ 19´´ 54´ or) and Punta Blanca (35 ° 2´´ N and 5th 21´ 55´´O 55´) , between this and the coast, excluded a strip of sea adjacent to the coast of 200 m of width. The surface of the area II of waters is, approximately, a surface of 549 has.

Room. Reversals and exclusions from the area of service.

By not result necessary for the realization of activities port essential or complementary, or to keep the integrity of the space port, is excluded of it area of service and is desafectan of the domain public port, them land e estate that is collected in the flat 5.1. Sheet 2/2: «Affectations and reversals» of the document, which are the following: plot: plot and estate built on it, located at the East end of the esplanades of spring Canonero Dato, his union with the access ramp to the dock of Spain. The plot has a trapezoidal shape and a total surface of 17.984 m2.

Plot b plot and estate built on it, located on the western edge of the esplanades of the gunboat spring data, including the old road service of the port that connects with the national road from Ceuta to Benzú, a length of 875 m and variable width between 5 and 7 m over its entire length. The set occupies a total area of 10.963 m2.

Its deallocation favorably was informed by the competent authority in the field of coasts and not retain the natural characteristics of terrestrial maritime public property, so that, once disaffected, will become part of the heritage of the Autoridad Portuaria de Ceuta.

Any act of disposal of land by the port authority must meet as required by article 44 of the text revised from the law of Puertos del Estado and the merchant marine, approved by Royal Legislative Decree 2/2011, 5 September.

In zone II of the waters of the port of Ceuta, they desafectan of the public port domain and are excluded from the service area, the following fields of water:


In the South, the area of water whose delimitation, in accordance with the order Ministerial of 23 of December of 1966, is the following: area of water understood within a line that starting of the border with the United of Morocco towards the this and in length of 550 m and from this point with orientation N 63 ° 20´ E and length of 2,720 m until reach a point located to 250 m of it costa where closes this area.

In the North, a strip of 200 m of width adjacent to the coast.

His reversal has been informed favorably by the competent administration in terms of costs and retain the natural characteristics of terrestrial maritime public property, so, once deallocated, will be incorporated automatically into the use of the domain public maritime land regulated by law 22/1988, of July 28, of coasts.

Fifth. Assignment of applications.

Management and allocation of established applications for the port of Ceuta is detailed in paragraph 6 of the document: 'Proposal for management', reflected graphically in the flat 4.2 assigned applications. The proposal of management is the following: spring Cañonero Dato. Terminal of passengers: includes them land that are to the batter of this spring, from the cliff until the road of service that runs in parallel to the dock. Them land bound by the side Southeast with the spring of Spain and by the Northwest with the esplanades of West. Are you assigned a "use port commercial».

In the interior of this area also can give is, whenever is to a lesser extent, and without in any way can affect is, disturbing is, interfere is or undermine is the use main, others uses, complementary or auxiliary to the use commercial port, relating to activities logistics, of transport, of service or of storage that by its relationship direct with the traffic maritime of passengers , vehicles and goods have justification to locate it in this area.

Muelle Cañonero Dato. Esplanades: includes them land that are to the South of the road of service of the spring, from this until it tapia that limited them land immediate to the old station of railway and the housing surrounding by the Southeast. Limited with the street that gives access to them housing of the spring of Spain, and to the Northwest with the set of housing for employees, leaving out of the area of service such housing. The use assigned to this area is the «use port complementary».

In the inside of this area may give is, whenever is lesser extent, and without in any way can affect is, disturb is, interfere is or undermine is the use main, others uses such as those activities commercial not strictly port that not taking another alternative for its location in the term municipal, must-by its special interest for it economy or the operation of the city-locate is in the town all this always that don't be prejudiced the future development of the port and port traffic operations and comply with the provisions of the town planning.

The building of the Comandancia de Marina, although within the port area of service, will maintain their status as public domain on the Ministry of defence.

West Pier: the area constitute it the West dock, from the intersection with the muelle Canonero Dato to the nose of the same, the spring located in the first lineup and esplanades trasdosadas to it which are limited by the fence of separation which runs along the embankment in East-West direction. The «commercial port» is assigned.

Inside this area can also occur, provided that it is to a lesser extent, and without in any way it may affect, disturbed, interfering with or undermine the main application, other applications, supplementary or auxiliary port commercial use, related to logistic activities, transportation, service or storage by his relationships with maritime passenger traffic , vehicles and goods have justification to be located in this area.

West esplanades: are located in the western part of the port and to the southwest of the West dock, being contiguous to the dike and Muelle Cañonero Dato area. You are assigned the complementary port «use».

Spain dock: this area includes the spring which bears his name and the ramp giving access to it from the city, to the roundabout which serves to traffic, located at the end of the port of Christ. The «commercial port» is assigned.

Inside this area also there may be, provided that it is to a lesser extent, and without that in no way could be affected, disturbed, interfering with or undermine the main use, other supplementary or auxiliary uses port commercial use, related to logistic activities, transport, services or storage than for its direct relation with maritime traffic have justification to be located in this area.

Levante dock: the area the dique de Levante, is from the intersection with spring Alfau, until the nose of the same. A «commercial port» is assigned.

Inside this area also there may be, provided that it is to a lesser extent, and without that in no way could be affected, disturbed, interfering with or undermine the main use, other supplementary or auxiliary uses port commercial use, related to logistic activities, transport, services or storage than for its direct relation with maritime traffic have justification to be located in this area.

Alfau spring; Includes them land of the dock Alfau, from the varadero until the spring of Levante, and the ramp that gives access to the same, until the wall that closes the road of bypass of the monte AX. Are you assigned the "use port complementary».

Spring sports: located to the North of the ride of the Palm trees, between the trench and the village sailor. Of said spring, is are transferred to the service maritime of the Guardia Civil 30 m, and a building located in the morro of the breakwater. Are you assigned the "use port sport».

Also can give is inside this area, whenever is to a lesser extent, and without in any way can affect is, disturb is, interfere is or undermine is the use main, others uses complementary or auxiliary of them previous whose location in the port is justified by its relationship with the practice sports, the use nautical or by them services that lend to them users of the port even other applications linked to interaction between and other commercial activities not strictly port, provided that it does not prejudice the future development of the port and they conform to the provisions of the town planning.

Fishing pier: Located to the East of the levante dock and at the bottom of the same. A «fishing port use» is assigned.

Also can take, provided that it is to a lesser extent, and without in any way it may affect, disturb you, interfering with or undermine the main use, other uses supplementary or auxiliary of the above whose location in the port is justified by its relationship with the sea fishing, or the services provided to users of the port, including other applications linked to the port-city interaction and other commercial activities not strictly port provided that it does not prejudice the future development of the port and they conform to the provisions of the town planning.

Esplanades of the Spanish Navy: Land located in the basin of East of the port, whose limits are: to the North, the breakwater of edge bordering the sea; to the East, the enclosure of the fishing port; to the South, Avenue company Sea - including the rectification of his path - and to the West, Marina. Applications linked to the port-city interaction, provided that it does not prejudice the future development of the port and port traffic operations are supported in this area and conform to the provisions of the town planning.

Those port facilities and services attached - public or private - which relates to the tourist traffic, and to provide cultural, recreational, and commercial entertainment features, linked to the social life of the city may also have accommodated.

Area of evacuation: is defines as area of evacuation that intended fundamentally to the transport terrestrial, and in she is differ it feasibility of access from the network general, the feasibility of ring or cast, it of penetration to the area of operation and them areas of parking and maneuver.

The use assigned to this area is the «use port commercial».

Pontoons of Poniente and Levante: are them assigns a "use port commercial».

Sixth. Publication.

This order shall enter in force the day following to the of your publication in the Bulletin official of the State.

Madrid, 21 of April of 2015.-it Minister of promotion, Ana María Pastor Julián.