Granada suffers today four earthquakes of magnitude 4 or more and 500 calls to 112 are already counted.

In Andalusia, an Earthquake Emergency Plan (special civil protection plan against seismic risk) is framed within the general emergency management and civil protection regulations, and follows a basically administrative circuit within the Junta de Andalucía, with possible parliamentary political control. The key reference is Law 2/2002, on Emergency Management in Andalusia (amended by Law 2/2023), the Regulation of the Civil Protection Commission of Andalusia (Decree 10/2020), and, on the parliamentary side, the Regulation of the Parliament of Andalusia regarding the examination of programs and plans of the Government Council.

1. Regulatory framework and plan typology

• Law 2/2002, on Emergency Management in Andalusia: defines emergency plans as the regulatory instrument that sets the organic and functional framework and the mechanisms of action and coordination in situations of serious risk, catastrophe, or public calamity. It distinguishes, among others:
  • Territorial emergency plans (including the Territorial Emergency Plan of Andalusia).
  • Special emergency plans for risks regulated by basic state guidelines (such as seismic risk).
• An Earthquake Emergency Plan in Andalusia is, legally, a special emergency plan framed within this system.

2. Technical preparation and participation

• Promoting body: the Department responsible for civil protection (currently attached to the Presidency / Security and Comprehensive Emergency Management) is responsible for preparing special emergency plans (Law 2/2002, article on special plans).
• Prior technical work:
  • Seismic risk analysis and risk maps, promoted by the Department itself (Law 2/2002 assigns this function to it).
  • Coordination with state regulations: Law 17/2015 of the National Civil Protection System and the basic state guideline for seismic risk planning.
  • Definition of command structure, operational groups, emergency levels, and activation and deactivation procedures.
• Participation and public information procedures:
  • Since it is normally approved by decree of the Government Council, the plan follows the common procedures for drafting general provisions: report, mandatory reports, and, if applicable, hearing and public information according to the common administrative procedure.
  • These procedures are not detailed article by article in Law 2/2002 but are integrated into the general procedure for approving regional regulations.

3. Report of the Civil Protection Commission of Andalusia

• Decree 10/2020, which approves the Regulation of the Civil Protection Commission of Andalusia, establishes that this body:
  • Is a collegiate body with a deliberative, consultative, homologation, and coordination character in civil protection matters.
  • Must issue a mandatory but non-binding report, among others, on:
    • Draft decrees on civil protection and emergency management.
    • Proposals for emergency plans whose approval corresponds to the Government Council.
  • Homologates certain plans (supramunicipal territorial plans, specific plans), in accordance with Law 2/2002.
• Therefore, the draft Earthquake Emergency Plan must be sent to the Commission for its mandatory report (and, if applicable, homologation if configured as a specific plan).

4. Approval by the Government Council

• Law 2/2002 provides that:
  • The Territorial Emergency Plan of Andalusia is approved by the Government Council, at the proposal of the Department responsible for civil protection, after the report of the Civil Protection Commission of Andalusia.
  • Special emergency plans are prepared by the Department responsible for civil protection and also approved by the Government Council.
• In practice, the Earthquake Emergency Plan is approved by a decree of the Government Council that incorporates the plan text as an annex.

5. Role of the Parliament of Andalusia

• The Parliament Regulation, in its Title VII, foresees the examination of programs and plans sent by the Government Council (art. 149).
• When the Government sends a program or plan requesting a pronouncement:
  • The Board sends it to the competent committee.
  • The committee processes the matter and submits resolution proposals.
  • It may culminate with a debate and vote in Plenary of a political resolution.
• This control is political: the Parliament does not legally approve the plan (which is already in force by decree), but it can set guidelines, request revisions, or demand information.

6. Activation and deactivation of the plan

• According to Law 2/2002:
  • In a situation of serious risk or emergency, the activation of the plan is carried out by the competent authority provided in the plan itself (usually the head of the Department or the direction of the Territorial Plan, depending on the level).
  • If the severity requires it, a higher-level plan (Territorial Emergency Plan of Andalusia or State Plan against Seismic Risk) may be activated, following the established procedures.
  • Deactivation is carried out according to the procedure established in the plan itself.

7. Review, update, and communication

• Law 2/2002 assigns the Territorial Emergency Plan of Andalusia a role as master plan, which sets the guidelines for the preparation, approval, and homologation of other plans; revisions of special plans must align with these guidelines.
• Who promotes the review:
  • Normally, the Department responsible for civil protection, based on:
    • Experience in emergencies and drills.
    • Regulatory changes or in the basic state guideline on seismic risk.
    • New risk studies or operational capacities.
• Procedure:
  • Preparation of a proposal to modify the plan.
  • Report from the Civil Protection Commission of Andalusia on the review, as it is a proposal for an emergency plan that must be reported.
  • Approval by the Government Council, by new decree or modification of the previous one.
  • When applicable, new state homologation according to the basic seismic risk guideline.
• Communication:
  • The Junta forwards the plan and its revisions to:
    • Municipalities and provincial councils, so they can adapt their municipal or supramunicipal plans.
    • Operational services and other involved bodies.
  • Drills, training, and public information are organized, according to what is foreseen in the plans themselves and in Law 2/2002.

According to current Andalusian regional legislation, the powers in civil protection and emergencies are attributed to the Department of the Presidency, Interior, Social Dialogue, and Administrative Simplification, whose head effectively acts as the “Emergency Minister” of the Junta de Andalucía. These functions are mainly articulated in Law 2/2002, of November 11, on Emergency Management in Andalusia (amended by Law 2/2023, of March 15), in the Presidential Decree 10/2022, of July 25, on the restructuring of Departments (and its amendments, especially Presidential Decree 13/2022 and Presidential Decree 4/2023), and in Decree 152/2022, of August 9, on the organizational structure of the Department, as well as in the Statutes of the Agency for Safety and Comprehensive Emergency Management of Andalusia, approved by Decree 270/2024, of December 16.

1. Planning and political direction

• Law 2/2002 assigns to the head of the Department responsible for civil protection the coordination of the execution of civil protection policy in the Autonomous Community, under the guidelines of the Government Council.
• This head is responsible for promoting the preparation of the risk map and the catalog of mobilizable resources, basic instruments for preventive planning (intermediate articles of Law 2/2002, accessible at BOE-A-2002-24156).
• They must promote emergency planning, including the Territorial Emergency Plan of Andalusia, which acts as a master plan and integration framework for special and specific plans. The Government Council approves it, but always at the proposal of the head of the Department responsible for civil protection.
• On the political-organizational level, Decree 152/2022 places under the minister's direction key bodies such as the General Secretariat of Interior and the General Directorate of Emergencies and Civil Protection, responsible for detailing plans, programs, and regulatory proposals in this area (BOJA: BOJA 528/2022).

2. Inter-administrative coordination

• Law 2/2002 assigns the minister the function of requesting information and participation from other Administrations and public and private operational services in emergency matters, as well as promoting collaboration agreements among them.
• They must articulate the relationship with local entities in everything affecting municipal plans, fire prevention and extinction services, and civil protection volunteer groups. The responsible Department regulates, for example, the Register of Local Civil Protection Volunteer Groups of Andalusia and the criteria for homologation of their training and equipment.
• Within the Junta, the minister coordinates the actions of other Departments when emergency management requires multisectoral intervention, channeling it through the Civil Protection Commission of Andalusia and the 112 Emergency Coordination Center.

3. Risk management and civil protection

• The Department acts as the reference management body in civil protection and emergencies, with powers over planning, prevention, intervention, and rehabilitation against risks of very diverse nature.
• Law 2/2002 assigns it to promote special and specific emergency plans (forest fires, technological risks, etc.), whose preparation corresponds to the Department responsible for civil protection and whose approval falls to the Government Council.
• Decree 270/2024 configures the Agency for Safety and Comprehensive Emergency Management of Andalusia as a senior technical body attached to the emergency Department. Its Presidency corresponds to the head of the Department, and the Agency executes, under their political direction, the functions of development and execution of regional policies on civil protection, emergencies, and forest fire extinction (BOJA 252/2024).

4. Command in emergency situations

• At the regional level, Law 2/2002 foresees that the Government Council maintains major decisions (for example, declaring an emergency of general interest to Andalusia), but always at the proposal of the head of the Department responsible for civil protection.
• The minister is responsible for the ordering and superior direction of the Integrated Coordination System of Urgencies and Emergencies, which integrates the 112 phone and connects civil protection, health, security, and fire services. In fact, the Law explicitly states that ordering and superior direction of this system is a competence of the head of the Department.
• In practice, the minister exercises political and strategic command over regional emergency devices, while operational command lies with the Agency for Safety and Comprehensive Emergency Management and operational services (INFOCA, 112, fire services, etc.).

5. Regulatory powers and internal organization

• Law 2/2002 empowers the head of the Department to issue general provisions within their competencies and to execute Government Council agreements on civil protection, including regulatory development in organization, protocols, and coordination criteria.
• The minister promotes provisions on the organization and functioning of the Integrated Coordination System of Urgencies and Emergencies, which the Government Council approves at their proposal.
• According to Decree 152/2022, they are responsible for the superior direction of the internal organizational structure (General Secretariat of Interior, General Directorate of Emergencies and Civil Protection, Institute of Emergencies and Public Safety of Andalusia, etc.), configuring the administrative organization necessary for comprehensive emergency management.
• Finally, as President of the Governing Council of the Agency for Safety and Comprehensive Emergency Management (art. 12 of Decree 270/2024), the minister holds functions of institutional representation, effectiveness control, and approval of strategic orientation of the main technical-operational instrument of the Junta in this area.

Seismic emergency management in Spain is supported by a set of state-level civil protection regulations and regional development through special plans. The “Junta” (in practice, the regional government) can only declare alert levels if it does so within the framework set by this basic regulation and by its own special seismic risk plan.

Basic state regulations applicable to seismic risk

• Law 17/2015, of July 9, on the National Civil Protection System (BOE). It is the basic law that:
  • Defines civil protection as a public service integrated into public security and National Security.
  • Establishes the National Civil Protection System, the National Information Network, and the National Civil Protection Alert Network.
  • Classifies civil protection plans into: State General Plan, territorial plans of autonomous communities and local entities, and special plans for specific risks (including earthquakes).
  • Determines the distribution of powers among the State, autonomous communities, and local entities, and the concept of emergencies of national interest, in which the State assumes direction, respecting regional powers.
• Royal Decree 524/2023, of June 20, approving the Basic Civil Protection Standard (BOE). It sets the general scheme of civil protection planning:
  • Orders the relationship between territorial plans and the State General Emergency Plan (PLEGEM).
  • Establishes principles such as single command, coordination, and orderly succession of phases and operational situations.
  • Requires that regional plans conform to common bases (structure, phases, operational situations, publicity, and plan registration).
• State General Emergency Plan for Civil Protection (PLEGEM), approved by Resolution of December 16, 2020 (BOE), which articulates how the State supports and coordinates other Administrations in civil protection emergencies, including seismic ones.

Specific regulations on seismic risk

• Basic Guideline for Civil Protection Planning against Seismic Risk, approved by Council of Ministers Agreement of April 7, 1995 and published by Resolution of May 5, 1995 (BOE), amended in 2004 (Resolution of September 17, 2004, BOE).
  • Establishes the minimum requirements that seismic special plans (state, regional, and local) must meet.
  • Defines the organizational structure, operational criteria, intervention measures, and coordination instruments among Administrations.
  • Foresees the existence of a State Plan, regional plans, and local action plans, articulated to guarantee a “minimum national model.”
• State Civil Protection Plan against Seismic Risk, approved by Resolution of March 29, 2010 (BOE).
  • Specifies the organization and procedures for the use of state resources in earthquakes when there is national interest.
  • Details State support mechanisms to regional plans when these are insufficient.
  • Foresees coordination through CECOPI and other State–regional integrated bodies.

Requirements for a Junta to declare seismic alert levels

On this basis, the capacity of a regional government (Junta) to declare different alert levels in case of seismic risk is governed by several common legal requirements:

• Existence and approval of a regional Special Plan against seismic risk:
  • It must be prepared according to the Basic Seismic Risk Guideline and the Basic Civil Protection Standard.
  • It is approved by the autonomous community itself and homologated within the National Civil Protection System (Commission/National Civil Protection Council), ensuring its compatibility with the State Plan and PLEGEM.
• Prior definition of phases and activation levels:
  • The regional plan must foresee, in a regulated manner, the phases (for example, monitoring, pre-emergency, emergency) and the levels of severity or activation, with objective criteria (magnitude and intensity of the earthquake, foreseeable or actual damages, need for external support, etc.).
  • The declaration of a certain alert level by the Junta must be based on those technical-operational criteria included in the plan.
• Respect for the distribution of powers established by Law 17/2015:
  • The community can direct and coordinate emergencies in its territory as long as a national interest emergency is not declared.
  • When the scope, severity, or need for resources exceeds regional capacity or affects national interests, the State Government can declare the national interest emergency, assuming direction and activating the State seismic plan.
• Coordination and communication:
  • The declaration of alert levels must be accompanied by the activation of the coordination bodies foreseen (regional coordination centers, CECOP, and, if applicable, CECOPI) and immediate communication to the National Civil Protection Emergency Monitoring and Coordination Center, through the National Alert Network.
  • It is mandatory to guarantee information to the population and the media according to the plan procedures.
• Protection of vulnerable groups:
  • Both the seismic guideline and recent regulations require that plans include specific protocols for people with disabilities and other vulnerable groups, which must be taken into account when activating each alert level.

In summary, the Junta does not define alert levels at its discretion: it must adhere to its special seismic plan, prepared and homologated according to the Basic Guideline and Law 17/2015, and act in coordination with the State, especially when the emergency may be of national interest and requires activation of the State Plan.