Fire map in Spain today, August 13: Niebla loses strength while Huesca maintains the most complicated situation

The activation of level 2 of the Special Civil Protection Plan for Forest Fire Emergencies in Aragón (PROCINFO) implies moving from an emergency manageable with ordinary regional resources to a situation that requires a strong mobilization of regional resources and, usually, close coordination with the General State Administration. The consulted regulations detail the legal framework and the general structure of the planning, but do not literally include the specific internal protocol for changing to “level 2” of PROCINFO. Therefore, what can be presented is the scheme of competencies, the usual formal steps, and the effects that, in general terms, this level entails in Aragón, according to the special planning and the basic state regulations. For detailed operations (forms, report models, call chains), it is essential to refer to the full text of PROCINFO and the instructions of 112-SOS Aragón.

1. Regulatory framework supporting PROCINFO

The Special Civil Protection Plan for Forest Fire Emergencies in Aragón is approved by Decree 167/2018, of October 9, of the Government of Aragón, which formalizes PROCINFO and defines its organization and procedures, within the exclusive civil protection competencies recognized in the Statute and developed in the regional civil protection law now consolidated in the Law 4/2024 of Aragón and its official edition in the BOA. Decree 167/2018 itself can be consulted in the BOA.

Additionally, Order AGM/681/2023 adapts PROCINFO to the basic state regulations on fire prevention and develops, among other aspects, the alert phase and the NAPIF (forest fire danger alert level), which conditions the operational phase but is not directly identified with the “emergency levels” (0, 1, 2, etc.).

At the state level, the State Civil Protection Plan for Forest Fire Emergencies establishes the general organization of state support to regional plans and coordination when national interest is recognized, based on the Basic Guideline approved by Royal Decree 893/2013 and the legislation of the National Civil Protection System.

2. Who can declare level 2 and how it is formalized

PROCINFO, as a special plan, is inserted in the civil protection system regulated by the regional law (now consolidated in Law 4/2024) and by the special planning. According to that system:

• The plan's direction competence during the emergency phase lies with the civil protection authority designated by the Government of Aragón (usually a Plan Director or similar authority foreseen in PROCINFO itself).
• The level elevation (from 1 to 2) is agreed upon by that plan direction authority, within the organizational structure of civil protection of the Government of Aragón, once operational reports (112-SOS Aragón, Environment, extinction services, etc.) have been assessed.
• The activation or level change agreement is formalized as a declaration of emergency situation according to the special plan and the regional law, being recorded in the operational registry of 112-SOS Aragón and, if applicable, through a resolution or agreement of the competent body of the Government of Aragón.

In practice, “level 2” is used when the fire greatly exceeds ordinary response capacity, affects several municipalities or counties, seriously threatens the population or essential assets, or requires the request of significant state resources (for example, UME or state aerial means), in coherence with the criteria of the State Plan.

3. Communication protocols upon activating level 2

Although the consulted sources do not reproduce the operational chapter of PROCINFO, the basic regulations and the State Plan allow identifying the general lines:

• Internal communication in Aragón: the decision is immediately transmitted to the 112-SOS Aragón Emergency Center, which disseminates it to all services integrated in the plan (extinction, health, security, roads, etc.) and to the affected municipalities and counties, activating municipal or county civil protection plans when they exist.
• Communication to the General State Administration: when the fire requires or may require state resources, the Autonomous Community communicates the situation to the Government Delegation and to the bodies foreseen in the State Plan (for example, for the possible constitution of a CECOPI, defined in the State Plan), following the channels of the National Civil Protection System.
• Public information: the Government of Aragón usually disseminates the level 2 declaration through official notes and public warnings, in coordination with the affected municipalities, also relying on the daily NAPIF hazard alert bulletins published (according to Order AGM/681/2023).

4. Changes introduced by level 2 in direction and resources

According to the special planning model and the State Plan, activating level 2 implies, as a guideline:

• Strengthening regional direction: an Advanced Command Post and an Operational Coordination Center (CECOP) of regional scope are consolidated; state representatives may be integrated into a CECOPI if resources from the General State Administration are provided.
• Maximum mobilization of regional resources: deployment of forest fire extinction resources of the Autonomous Community (brigades, aerial means, heavy machinery), prevention and extinction services regulated in Law 1/2013 of Aragón, as well as expanded activation of civil protection, health, and security services.
• Request and coordination of state and, if applicable, military resources: according to the State Plan and collaboration agreements, possibly including UME intervention as per the Protocol approved by Royal Decree 1097/2011, cited in the State Plan itself.
• Extraordinary prevention and land use measures: in parallel, depending on NAPIF (Red or Red Plus levels), the Government of Aragón may apply the restrictions foreseen in Order AGM/681/2023, such as general fire use prohibitions, access limitations to forest masses, or suspension of activities in the forest.

5. Warning about the use of this information

The consulted regulations (Decree 167/2018, Order AGM/681/2023, Law 4/2024, and the State Plan) allow describing the general framework of competencies and the logic of level 2, but the internal procedural detail of PROCINFO (level charts, exact thresholds, report models, etc.) is not available in these sources. No further information is available in the consulted sources. For any operational, training, or strict legal use, it is essential to work with the full text of PROCINFO published in the BOA and with the protocols of 112-SOS Aragón.

As complementary reference on the general civil protection and emergency system, the Law of Forests of Aragón, Royal Decree 734/2019, the National Civil Protection Strategy, the basic regulation and other related state instruments collected in: RD 906/2013, Order PCI/1283/2019, as well as other state provisions on emergencies (Order TES/443/2022, Order TES/1223/2021, civil protection resource) and civil protection agreements in Aragón (Decree 219/2014, agreement with Defense, PROCIGO) can also be consulted.

Competencies in large forest fires are distributed among autonomous communities, local entities, and the General State Administration, but under a “minimum national design or model” of Civil Protection. Ordinary extinction and initial operational direction correspond to regional services, while the State acts in support and assumes direction only when the emergency is classified as of national interest. This architecture is based on Law 17/2015 of the National Civil Protection System, Law 43/2003 of Forests, the Basic Guideline for forest fire emergency planning, and the specific State Plan. All this seeks to ensure that when the fire exceeds regional capacity, there is unified direction and coordinated mobilization of state resources (UME, aerial means, etc.).

Basic civil protection framework and general distribution of competencies

Law 17/2015 defines civil protection as a public security service and creates the National Civil Protection System, integrating the activity of all Administrations. Its preamble recalls that, under art. 149.1.29.ª CE, the State can not only respond to emergencies of national interest by mobilizing its resources but also “seek and safeguard coordination of the different civil protection services and resources by integrating them into a minimum national design or model.”

Law 17/2015 configures:

• A role of coordination and support for the General State Administration (AGE), including management of the National Emergency Monitoring and Coordination Center of Civil Protection.
• The consolidation of regional emergency coordination centers as essential pieces of the system.
• The integration of new effective state intervention means, such as the Military Emergency Unit (UME).

The Constitutional Court Judgment 58/2017, published in this ruling, interprets the provision on declaration of emergencies of national interest, confirming state competence as long as the regional framework is respected.

Direction of large or nationally significant fires

Under ordinary conditions, the direction of forest fires corresponds to autonomous communities, which have prevention and extinction services, and to local devices in their scope. The leap occurs when the emergency has national interest or clearly exceeds regional capacity: in that case, according to Law 17/2015 and constitutional doctrine, the AGE assumes the global direction and coordination of the civil protection emergency, integrating other administrations.

Planning is articulated through the Basic Guideline for civil protection emergency planning for forest fires, approved by Royal Decree 893/2013, which establishes a structure of:

• State Civil Protection Plan for Forest Fire Emergencies, approved by Council of Ministers Agreement.
• Special regional forest fire plans.
• Local action and self-protection plans.

The Guideline expressly foresees that these plans are designed “in the presence of possible national or supra-regional interest” and sets common criteria so that the State can exercise unified direction when appropriate. The State Coordination Committee (CECO) is configured as the AGE body to coordinate the involved directorates.

Cooperation between regional services and state means (UME and others)

The Guideline and the State Plan detail how state support to autonomous communities is articulated. For example, they establish:

• “Preferred action zones” of state aerial means, assigned annually by the competent ministry, “without prejudice to the national coverage capacity of the means in question.”
• The existence of the CECO as a state coordination body.
• Reference to the UME intervention Protocol, approved by Royal Decree 1097/2011 cited in the Guideline, which sets the conditions for its mobilization in support of autonomous communities.

The Guideline emphasizes that fighting forest fires requires coordinated use of resources from different administrations and, if applicable, private parties, precisely because these fires can generate “situations of serious risk, catastrophe, or public calamity.”

Specific role of each territorial level

State level

• Defines the basic framework through Law 17/2015 and the Basic Civil Protection Regulation.
• Approves the Basic Guideline for forest fires and the State Plan (RD 893/2013 and State Plan).
• Mobilizes own means (UME, aerial means, other supports) in coordination with the autonomous communities.
• Declares emergencies of national interest and, if applicable, areas severely affected by civil protection emergencies, which give rise to specific measures, such as those foreseen in Law 14/2012, Order TES/443/2022, Order ISM/707/2021, or in the aid regime managed by Interior (Order TER/1005/2010, Order INT/2580/2009).

Autonomous communities

• Have the main responsibility for prevention and extinction, with their own emergency and civil protection services, based on their regional laws and special plans.
• Develop and execute regional forest fire emergency plans according to the Basic Guideline.

Local entities

The Guideline refers to Law 43/2003 of Forests, which assigns municipalities, among other things, the “collaboration with forest fire surveillance and extinction services,” maintaining updated maps of settlements and their relation to the forest environment, and coordinating with regional devices.

Declaration and management of civil protection emergencies for large fires

According to Law 17/2015, a “civil protection emergency” is a collective risk situation that requires rapid management by public authorities to prevent it from becoming a catastrophe. In large fires:

• Regional plans and, if applicable, the State Plan are activated.
• AGE can declare an emergency of national interest, assuming political direction and strategic coordination of all resources.
• Management is done through regional coordination centers and the National Monitoring and Coordination Center, with CECO participation.

In parallel, the forestry framework (Law 43/2003, amended by Law 10/2006 and Law 21/2015) strengthens State-CCAA coordination in prevention, establishes high-risk zones (ZAR), and, after Royal Decree-law 15/2022, tightens preventive and planning obligations related to fire fighting. All this is integrated into the National Civil Protection System and special forest fire planning.

Other related regulations and documents completing this framework include: Order PCM/641/2021, Resolution of March 7, 2002, Law 9/2018, Order TED/776/2025, Order ARM/1935/2009, Order MAM/2350/2005, Order PCI/488/2019, Order PJC/1430/2024, as well as historical regulations on restoration and forest fires (Order of March 31, 1980, Decree 3769/1972, error correction).

In Spain, the preventive evacuation of a locality due to a forest fire is a civil protection measure that must be ordered by the competent authority (usually the autonomous community or, if applicable, the municipality or the State if the emergency is of national interest), supported by civil protection plans and respecting the principles of necessity, proportionality, and temporality. The general legal basis is in the Law 17/2015, of the National Civil Protection System, which empowers authorities to issue mandatory orders to the population and adopt restrictive measures on rights during an emergency. Additionally, the State Civil Protection Plan for Forest Fire Emergencies details operational coordination and expressly mentions evacuations as an emergency measure. All this must be articulated through motivated administrative decisions, with subsequent judicial control and guarantees against the impact on fundamental rights.

Basic regulatory framework

The general regime is given by:

• Law 17/2015, of July 9, of the National Civil Protection System, which defines civil protection emergency, the National System, and the powers of competent authorities, including the possibility of imposing orders on the population and restrictive measures on rights, with clear limits of necessity and proportionality (Law 17/2015).
• The previous Law 2/1985, of Civil Protection, which remains partially in force and was the first general framework, now complemented and largely replaced by Law 17/2015 (Law 2/1985).
• The State Civil Protection Plan for Forest Fire Emergencies, approved by Council of Ministers Agreement of October 24, 2014, and published by Resolution of October 31, 2014 (State Plan forest fires), which develops specific organization and procedures, including evacuation and shelter plans.
• The Basic Guideline for civil protection emergency planning for forest fires, approved by Royal Decree 893/2013, partially modified by subsequent regulations (RD 893/2013).
• The General State Civil Protection Emergency Plan, which sets the general architecture of civil protection emergency response at the state level (General State Plan).
• The Royal Decree-law 15/2022, on urgent measures regarding forest fires, which strengthens planning and prevention (RDL 15/2022).

Who can order the evacuation

From Law 17/2015 and the State Plan, a stepped competence scheme emerges:

• Autonomous communities: generally have the direction of forest fire emergencies in their territory and the ordinary competence to order evacuations within their regional plans.
• Municipalities: are integrated into the civil protection system and can adopt immediate measures at the municipal level, always coordinated with the regional plan.
• State: assumes direction in emergencies of national interest (art. 29 of Law 17/2015, declared constitutional in STC 58/2017) and, in that case, can decide or coordinate evacuations centrally.

The Single Extinction Command (MUE), foreseen in the State fire plan, has the function of informing the direction bodies of regional plans about emergency measures that need to be taken, “evacuations” among them, as well as road or power line closures (State Plan forest fires).

Material requirements and limits

Law 17/2015 establishes several general requirements conditioning evacuation:

• Existence of a civil protection emergency: there must be a “collective risk situation” that imminently endangers people or property and requires rapid management by public authorities.
• Mandatory orders to the population: citizens are obliged to comply with orders and instructions from competent authorities in emergencies, including evacuation and other personal duties (duty to cooperate).
• Restrictive measures on rights: the Law expressly foresees that measures restricting rights or imposing personal or material duties will have “limited validity for the strictly necessary time” and must be “adequate to the entity” of the emergency. This is the legal formulation of the principles of necessity and proportionality (Law 17/2015).
• Possible entry into dwellings: when the nature of the emergency requires entry into a dwelling and, if applicable, evacuation of people in danger, Law 17/2015 refers to art. 15.2 of Organic Law 4/2015 on citizen security, which sets additional guarantees for affecting the inviolability of the home.

Prior planning and plan content

Civil protection plans (state, regional, and municipal) must define in advance the evacuation procedures and population evacuation and shelter plans, as the State fire plan expressly includes a “Evacuation and Shelter Plan” among its coordination and support plans (State Plan forest fires). This planning is a practical and legal requirement: evacuation must be executed according to the protocols foreseen in approved plans.

Guarantees, motivation, and control

Although Law 17/2015 does not detail the format of the act, the evacuation order is usually articulated as an administrative decision (resolution, proclamation, operational instruction) issued by the competent authority and supported by the emergency declaration and the corresponding civil protection plan. It must be motivated, at least in terms of:

• Identification of the fire and the emergency phase/scenario.
• Risk assessment for the population and safety reasons justifying the evacuation.
• Territorial scope, estimated duration, and destination of evacuated people (shelters, receiving municipalities).

From the fundamental rights perspective, evacuation mainly affects freedom of movement and residence and, when involving entry into homes, the inviolability of the home. Law 17/2015 imposes that these restrictions apply only while the emergency lasts and with the minimum necessary intensity.

Affected persons retain the possibility to appeal to the administrative litigation jurisdiction to challenge the legality and proportionality of the measure once the most critical situation has passed. If the problem derives from the enabling law itself, a constitutional appeal could be filed before the Constitutional Court by the legitimized subjects, according to the general scheme explained for laws (Law 17/2015 and constitutional doctrine cited in STC 133/1990).