The Basic Nuclear Emergency Plan (PLABEN) has to serve as a mandatory guideline for the Nuclear Emergency Plans of the external response level corresponding to the different nuclear power plants, which, like establishes the first provision of Royal Decree 1546/2004, of 25 June, will be approved by agreement of the Council of Ministers, on the proposal of the Minister of the Interior, on the initiative of their respective directors, previous favorable report of the Nuclear Security Council and the National Civil Protection Commission.

The Nuclear Emergency Plans outside the nuclear power stations of Burgos (PENBU), Cáceres (PENCA), Guadalajara (PENGUA), Tarragona (PENTA) and Valencia (PENVA), adapted to the PLABEN, were approved by the Council of Ministers of 9 June 2006, thus replacing those in force since 28 December 1990.

By judgment of 17 December 2008, of the Third Chamber of the Supreme Court, the judicial-administrative appeal, brought by the Association of Municipalities Affected by Nuclear Power (AMAC), is estimated, The Agreement of the Council of Ministers of 9 June 2006 annuls the said Agreement and the right of the Association of Municipalities Affected by Nuclear Power to be heard in the procedure for the preparation of the indicated plans.

As a result of the hearing procedure held with the recurring association, in execution of the aforementioned judgment, it has been considered appropriate to modify the PLABEN in order to incorporate into the executive body of each Emergency Plan External Nuclear to a Mayor elected from among the Presidents of the Corporations of the municipalities established in Zone I of each Plan.

On the other hand, since the approval of the Nuclear Emergency Plans, there have been competitive variations resulting from the modification of some of the Statutes of Autonomy and, in other cases, organizational developments in The administrations involved also make it necessary to make changes to the PLABEN for future review.

In accordance with the provisions of Article 3 (c) of Royal Decree 1546/2004 of 25 June 2004, the PLABEN may be amended, on a proposal from the Minister of the Interior, after a report from the Nuclear Safety Council and the Commission National of Civil Protection, when deemed necessary, on the proposal of the competent authorities and bodies concerned of the Public Administrations, indicated in the Basic Plan, as a consequence of the experience obtained in the application of the external nuclear emergency plans.

This royal decree has been reported favourably by the Nuclear Security Council, at its meeting of 17 June 2009, and by the National Civil Protection Commission, at its meeting of 28 April 2009.

In its virtue, on the proposal of the Minister of the Interior and after deliberation of the Council of Ministers at its meeting on 11 September 2009,

DISPONGO:

Single item. Modification of the Basic Plan of Nuclear Emergency, approved by Royal Decree 1546/2004, of June 25.

The Basic Nuclear Emergency Plan (PLABEN), approved by Royal Decree 1546/2004 of 25 June 2004, is amended as follows:

One. The following shall be inserted after Figure 1: 'Organigram of the PEN' in Title III (1) of the PLABEN two new paragraphs, with the following wording:

" However, the PEN may name in a different manner the operating groups included in Figure 1 and provide for the existence of other additional operating groups, provided that compliance with all of the above mentioned operational groups is guaranteed. the tasks entrusted to them under this Basic Plan.

Nuclear Emergency Plans must detail their hierarchical and organizational structure. "

Two. Paragraph 1.2 of Title III of the PLABEN is worded as follows:

" 1.2 Executive Body.

The executive body shall consist of:

1. Head of the coordination and technical assistance group.

2. Head of the radiological group.

3. Head of the citizen security and public order group.

4. Head of the healthcare group.

5. Head of the logistic support group.

6. ° Other group heads, based on the provisions of point 1 "Organization, structure and functions for the nuclear emergency plan, exterior to the nuclear power plant (PEN)".

7. A representative mayor of each zone I affected by the PEN to be appointed by the director of the PEN, on the proposal of the mayors of zone I.

8. Other members, considered appropriate by the Director of the PEN. "

The rest of this section does not undergo modifications.

Three. A new paragraph, point 1.5.6, is inserted after paragraph 1.5.5 of Title III of the PLABEN, with the following wording:

" 1.5.6 Other Operating Groups:

With the objective of adapting the hierarchical and organizational structure of the PEN to the territorial reality of each area, new operational groups can be created at the initiative of the director of the PEN.

In these cases, the Nuclear Emergency Plans must indicate:

a) Personnel who constitute the competent body to which they belong.

b) Group functions.

c) Organigram of the same.

d) Group chief and alternate.

e) Group boss responsibilities. "

Four. A new paragraph, point 6, to paragraph 7.1.1.b) of Title IV of the PLABEN is inserted, which is read as follows:

"6. The nuclear emergency action plans of other operational groups shall be approved by the Director of the PEN, on a proposal from the head of the group, after report of the competent body in the matter concerned."

Single additional disposition. Adaptation to the current ministerial structure.

1. In accordance with the provisions of Royal Decree 542/2009 of 7 April, which restructured the ministerial departments, the references contained in the Basic Plan of Nuclear Emergency to the Ministry of Health and Consumer Affairs and the Ministry of Agriculture, Fisheries and Food are to be understood as the Ministry of Health and Social Policy and the Ministry of the Environment and the Rural and Marine Environment, respectively.

2. In addition, according to the provisions of Royal Decree 1181/2008 of 11 July, amending and developing the basic organic structure of the Ministry of the Interior, the references contained in the Basic Plan of Nuclear Emergency to the Directorate General of Police and the Directorate General of the Civil Guard are to be understood to be the Directorate General of the Police and the Civil Guard.

Final disposition first. Review and approval of Nuclear Emergency Plans, external to nuclear power plants.

The existing Nuclear Emergency Plans must be reviewed for adaptation to the modifications contained in this royal decree within six months of the publication of the same.

The review and adaptation referred to above, each of the Plans of Directors of the Nuclear Emergency Plans external to the nuclear power plants, referred to in Title IV of the PLABEN, shall be approved by agreement of the Council of Ministers, on the proposal of the Minister of the Interior, on the initiative of their respective directors, prior to the favorable report of the Nuclear Security Council and the National Civil Protection Commission.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 11 September 2009.

JOHN CARLOS R.

The Minister of the Interior,

ALFREDO PEREZ RUBALCABA