Juanma Moreno, on the Los Gallardos fire: "It is a ticking time bomb, one of the most complex fires in recent years"

The key Andalusian regulation on forest fire prevention and management is currently structured mainly around three laws: Decree-law 2/2023, its amendment by Decree-law 5/2026, and the recent Decree-law 7/2026 on silvopastoral uses. Of these, two (2/2023 and 5/2026) have already been ratified by the Parliament of Andalusia, and their parliamentary processing is essentially formally concluded. Decree-law 7/2026, however, is so far only recorded in official sources as published in the BOJA, with no record yet of its ratification or possible processing as a bill. Below, I detail the status of each relevant regulatory piece.

1. Decree-law 2/2023: framework law already ratified and closed

The base regulation is Decree-law 2/2023, of April 11, "which adopts measures regarding emergencies and management, prevention, and extinction of forest fires and authorizes the creation of the Andalusian Agency for Security and Comprehensive Emergency Management." Its parliamentary file has the identifier 12-23/DL-000002.

According to the processing recorded in the Parliament of Andalusia:

• On May 3, 2023, the ratification debate was held in Plenary.
• That same day, the Plenary agreed to ratify the decree-law.
• On May 8, 2023, the definitively approved text was published in the Parliament's Bulletin.

The processing status tool classifies it as "Concluded (publication of the approved text)", meaning the parliamentary control phase of the decree-law has ended and the text is fully in force. The full text of the regulation and the ratification can be consulted in the Parliament of Andalusia through this BOPA PDF.

2. Decree-law 5/2026: ratified and agreed to process as a bill

The most recent "fine-tuning" piece of the system is Decree-law 5/2026, of April 20, "which modifies Decree-law 2/2023 [...] as well as other organizational and emergency-related regulations," with parliamentary identifier 12-26/DL-000005.

Its regulatory trajectory reveals the following:

• Before the decree-law's approval, there was a prior public consultation on the modification of the Statutes of the Andalusian Agency for Security and Comprehensive Emergency Management (November 3–18, 2025), accessible at this participation link.
• The text was approved by the Council of Government as a draft decree-law on April 20, 2026, according to the agenda available in the Council of Government agreement.
• It was published in the BOJA on April 28, 2026, as recorded in BOJA number 80.
• The Permanent Deputation of the Parliament of Andalusia ratified it on April 28, 2026, with publication order on April 29; the Parliament Bulletin with the ratification was published on May 4, 2026.

The processing summary explicitly states that "on 2026-05-04 the ratification of the decree-law as a bill was published (it began processing as a bill)," although the general status of the file is listed as "Concluded (publication of the ratification)" and no additional data on typical bill phases (amendment period, committee, etc.) are currently provided.

The text with the ratification can be consulted in the Parliament Bulletin via this BOPA document, and the consolidated legal text as published in the official journal is in the aforementioned BOJA 80/2026.

3. Decree-law 7/2026: published in BOJA, parliamentary ratification not yet recorded

The third regulation directly linked to prevention of fires is Decree-law 7/2026, of April 29, "which approves urgent measures to promote silvopastoral uses of the forest for the prevention of forest fires in Andalusia." It is a very specific regulation (bonuses for pasture use in public forests and environmental criteria in tender specifications), aligned with the Andalusian Forest Law and the Andalusian Extensive Livestock Strategy.

Official sources currently show these milestones:

• Approval as a draft decree-law by the Council of Government on April 29, 2026, reflected in the Council agenda.
• Publication of the decree-law in BOJA number 81, April 29, 2026, with text accessible in this BOJA 81/2026.

However, in the available parliamentary processing information, this decree-law only appears as a "Legislative Assembly Bulletin" (executive publication in BOJA), but there is not yet a parliamentary file with its own decree-law identifier (DL-…) nor a record of the session and ratification vote. Therefore, based on data available as of July 10, 2026, it can only be stated with certainty that the decree-law is approved by the Government and published in BOJA; the parliamentary control phase (ratification or repeal and, if applicable, decision to process it as a bill) is not yet documented in the consulted sources.

4. Other related regulatory developments

Aside from these decree-laws, Andalusia has been approving and processing other relevant regulations for forest fire policy, such as Law 3/2026, Andalusian Forest Law (cited in Decree-law 7/2026 itself) or subsidy orders for non-productive forest investments linked to fire prevention and sustainable forest management co-financed by the FEADER. These latter are currently at the executive level (public consultations, government agreements, and BOJA publication), not in specific parliamentary processing.

In summary, the Andalusian legislative framework on emergencies and forest fires (Decree-law 2/2023 and its amendment by 5/2026) is already fully ratified and in force, while the most recent specific prevention piece through silvopastoral uses (Decree-law 7/2026) is, according to sources, in the execution phase by the Government and pending public documentation of its parliamentary ratification.

The President of the Junta de Andalucía is not, under Law 2/2002 on Emergency Management, the "operational authority" who signs each specific order, but does concentrate the highest political direction of emergency management: presides over and coordinates the Council of Government, represents the Community before the State, promotes the declaration of emergencies of general interest to Andalusia, and assumes institutional and communicative leadership in major crises. Operational decisions (activation of plans, evacuation orders, requisitions, etc.) are attributed to the competent authority provided in the emergency plans, usually the ministry responsible for civil protection, but under the political and regulatory framework defined by the President and his Council. Additionally, the Statute empowers him to coordinate the regional administration and promulgate regulations that may contain extraordinary measures in emergencies.

Basic framework: Statute and emergency laws

The Statute of Autonomy for Andalusia, amended by Organic Law 2/2007, establishes that the President directs and coordinates the activity of the Council of Government, coordinates the Administration of the Autonomous Community, and holds the supreme representation of Andalusia and the ordinary representation of the State within the community. This forms the basis for his leading role in emergencies.

Specific regulation of emergency management is in Law 2/2002, of November 11, on Emergency Management in Andalusia, amended by Law 2/2023. This law defines emergency plans, coordination bodies, and the powers of different administrations.

Declaration of emergencies and political direction

Law 2/2002 foresees that, in a situation of serious risk or emergency, the corresponding plan is activated by the authority provided in that plan, and allows certain emergencies to be declared of general interest to Andalusia by the Council of Government (article stating the Council "may declare them of general interest," at the proposal of the ministry responsible for civil protection). This declaration has significant effects on resource mobilization and inter-administrative coordination.

Within this framework, the President of the Junta:

• Presides over the Council of Government, which approves the Andalusian Territorial Emergency Plan and special plans, sets guidelines on prevention, intervention, and rehabilitation, and agrees on the declaration of emergencies of general interest to Andalusia (articles of Law 2/2002 attributing these powers to the Council of Government).
• Coordinates the regional administration, which includes the ministry responsible for civil protection and the Andalusian Emergency Coordination Center created by Law 2/2002.
• Promotes and signs, together with the Council of Government, regulations with the rank of regional decree-law to respond to situations of extraordinary and urgent need, as shown by Decree-law 12/2020 and Decree-law 13/2020, issued during COVID-19, or Decree-law 2/2023 on fires and the Agency for Security and Comprehensive Emergency Management (whose ratification is published in Resolution of May 8, 2023).

Extraordinary measures and civil protection

Law 2/2002 details a catalog of emergency measures that the competent authority may adopt when a plan is activated: evacuations, mandatory stay at home, access restrictions to affected areas, limitations on public service use and consumption of certain goods, requisition or temporary occupation of goods and services, etc. The law does not state that these orders are personally signed by the President, but by the authority designated in the plan (usually the responsible ministry), though these measures are taken within the political and regulatory framework set by the Council of Government under his presidency.

In parallel, regulations such as Decree 99/2019 (structure of the Ministry of the Presidency, Public Administration, and Interior) and Decree 270/2024 (statutes of the Agency for Security and Comprehensive Emergency Management) specify the organization that, under the President's political direction, executes decisions.

Relationship with the State and other instruments

Law 17/2015, of the National Civil Protection System, regulates State-community coordination in major disasters. Within this framework, the President, as the highest representation of Andalusia and ordinary representative of the State in the community, is the key political figure to request or coordinate state aid, participate in declarations of "areas severely affected by a civil protection emergency" (such as those in Order PJC/1222/2024), and channel inter-administrative cooperation.

This ecosystem also includes decisions on financing and support to affected local entities (e.g., the Andalusian program under Decree-law 2/2019) or sectoral emergency action plans, such as Order of March 3, 2026 on repairing infrastructure damaged by storms.

Institutional communication and other frameworks

The Statute of Autonomy emphasizes the President's representative function, which in practice places him as the main institutional spokesperson in serious emergencies: explaining measures, conveying instructions to the population, and coordinating public narrative with the central government and local entities.

Alongside this core, there is a broad set of contextual regulations and jurisprudence (on civil protection, local regime, functioning of bodies, etc.) that, although not directly defining new competencies of the President in emergencies, complete the framework in which he acts: regulation of the Higher Technician in Emergency Coordination and its amendment by Royal Decree 1085/2020; delegation orders such as Order INT/367/2011 or resolutions of the Government Delegation in Andalusia of June 16, 2023 and May 4, 2023; basic guidelines such as Royal Decree 1564/2010 and its update by Royal Decree 524/2023; and the state organization through Royal Decree 967/2002 on the National Civil Protection Commission.

Other cited regulations and rulings (such as Order TES/1223/2021, the constitutional question on Andalusian local autonomy [link], the constitutional challenge on protected housing [link], or constitutional jurisprudence in 2012, 2019 and 2010) are part of the general legal background but do not substantially alter the basic distribution: operational management is articulated through the ministry and emergency plans, while the President concentrates political direction, representation, and regulatory impetus in emergency situations.

Within the Andalusian institutional scope, other provisions complete the framework, such as control body laws (Law 11/2001, Law 4/2001, Law 3/2001), the Agreement of May 10, 2000 on parliamentary commissions, or recent administrative simplification regulations such as Decree-law 3/2024, which may indirectly affect how emergency management is organized and controlled.

The activation of ES-Alert in a fire is supported by telecommunications and civil protection legislation, but the specific requirements are formulated relatively generically: there must be a serious or imminent emergency or catastrophe, the sending must be integrated into civil protection plans (state and regional), and it is executed through the National Alert Network, under the authority of emergency coordination bodies. The General Telecommunications Law obliges operators to guarantee uninterrupted transmission of public alerts, while Law 17/2015 and the State General Emergency Plan establish the population's right to be informed and regulate command and coordination structures. In fires, decisions to activate ES-Alert are made within the framework of the State Forest Fire Plan and territorial plans, always respecting the competencies of autonomous communities.

1. Basic legal framework of the alert system

The legal basis of the ES-Alert system is twofold:

• Telecommunications: Law 11/2022, General Telecommunications Law, introduces "a public alert system through mobile services in case of major disasters or imminent or ongoing emergencies," reinforcing the European emergency number 112 and requiring uninterrupted access to emergency services and transmission of public alerts (Law 11/2022).
• Civil protection: Law 17/2015, of the National Civil Protection System, defines civil protection as a public service, places the citizen as the "center of the system," and establishes that everyone has the right to be informed of risks and measures to adopt. It strengthens the National Civil Protection Alert Network (RAN) as an instrument for immediate communication and prevention (Law 17/2015).

2. National Alert Network and mobile phone use

The State General Civil Protection Emergency Plan (PLEGEM), approved by Council of Ministers Agreement of December 15, 2020 (PLEGEM), specifies how population alerting is articulated:

• The National Alert Network (RAN), managed by the National Emergency Monitoring and Coordination Center (CENEM), collects and disseminates information about imminent danger threats to people and property.
• It is expressly foreseen that, "for transmitting warnings to the population, systems based on mobile telephony networks" may be used, allowing direct sending to citizens in affected areas, fitting the use of ES-Alert here.
• Emergency coordination bodies of autonomous communities are the ordinary channel both to inform CENEM and for "transmission of the alert to the corresponding authorities, and to citizens, organizations, and companies."

3. Material requirements: type of emergency and phase

Although the regulations do not mention "ES-Alert" by name, they limit the situations in which a mass mobile alert is appropriate:

• Law 11/2022 links the mobile alert system to "major disasters or imminent or ongoing emergencies", without limiting it to a specific risk type, thus covering forest and urban fires when they reach that magnitude.
• PLEGEM establishes that protection of people is articulated through measures such as "information and warnings to the population, confinement, evacuation, distancing...", and recognizes information and warnings as an essential right of citizens.
• Regarding fires, Royal Decree-law 15/2022 strengthens coordination between administrations and the consideration of forest fires as civil protection emergencies when they affect people, non-forest property, or heritage (Royal Decree-law 15/2022).

In practice, ES-Alert is activated when the fire, forest or urban, poses a serious and imminent risk to the population or requires immediate self-protection measures (evacuation, confinement, access restrictions, etc.). No further information on specific numerical thresholds is available in the consulted sources.

4. Competent authorities and procedure

The analyzed regulations indirectly outline who can order and how an ES-Alert is channeled in case of fire:

• Law 17/2015 configures the National Civil Protection System, integrating the activity of all administrations and recognizing autonomous emergency coordination bodies as essential pieces.
• PLEGEM indicates that:
  • Autonomous coordination bodies are the ordinary channel to activate the RAN and transmit alerts to the population.
  • Territorial Management Committees manage information to the population "according to instructions from the Information Coordination Cabinet."
  • The Ministry of the Interior will approve the RAN operating protocols, after report from the National Civil Protection Council.

Therefore, in a fire, the alert initiative usually comes from the autonomous civil protection body directing the territorial or special fire plan; the technical execution of ES-Alert is channeled through RAN/CENEM and mobile networks, applying protocols approved by Interior. When the fire is of national interest, direction passes to the state level and the National Monitoring Center may assume a central role in the decision.

5. Accessibility and data protection guarantees

Law 11/2022 requires operators to adopt "all necessary measures" to guarantee access to emergency services and "uninterrupted transmission of public alerts," even in catastrophic network failure or force majeure, and expressly refers to Regulation (EU) 2016/679 and Organic Law 3/2018 for personal data processing. PLEGEM adds that warnings must be accessible to the general population and "sufficiently understandable for people in situations of special vulnerability."

No further information is available in the consulted sources on the detailed content of internal protocols specific to ES-Alert in fires, which presumably develop these technical and data protection principles.

6. Special reference to the State Forest Fire Plan

PLEGEM expressly mentions the State Civil Protection Plan for forest fire emergencies, approved by Council of Ministers Agreement of October 24, 2014, whose errata appear in the BOE (errata of the State Forest Fire Plan). The operational detail of when and how the population is informed in these fires is included in that plan and regional plans, but in the available extracts ES-Alert is not specifically regulated, only the general obligation of information and the phases of alert, operational management, and national interest emergency.