Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7730
FELIPE VI KING OF SPAIN to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law.
PREAMBLE 1. The vulnerability of them people in our society before them multiple and complex threats of disasters natural, industrial or technological is less that makes thirty years, by the influence of them political public that is have applied from then, based in essence in a great development of them systems of alert, the planning of them answers and the endowment of media of intervention. Still, the magnitude of such risks is such that may affect national security, as recognized him two national security strategies adopted thus far. The decline in the number of victims as a result of disasters is a reality, but consequences harmful or destructive of goods or disturbing of communications and transport for the environment have been increased unceasingly by the influence of factors enhancers of threats, especially climate change and the human activity, which generates inseparable it risks , many times by the legitimate desire of progress.
The society has not been nor is indifferent to this reality because it is aware of these risks affect a decisive to its security. The information has contributed mightily to his awareness and to the conformation of a demand growing of action public intended to protect people and goods before emergencies. Hence, without prejudice to the indispensable collaboration citizen, all competent public authorities, from the local level to the European and international institutions, have determined policy to develop normative, organisational instruments and means that allow them to exercise their respective responsibilities in this field and improve them continuously. Integrated in it security public, the protection civil reaches today in all parts an importance of first order between the different political public and is has configured as one of them spaces public genuine and powers of the State. In Spain it has experienced a remarkable development in the last 30 years, not exempt from inefficiencies caused mainly by the difficulties of coordination of an open, flexible system and with multiple actors and levels of performance and, consequently, of recognized complexity.
The law 2 / 1985, of 21 of January, of protection Civil, established a first frame normative of action for the protection civil, adapted to the then nascent State regional. The validity of this law was confirmed by the Constitutional Court through several rulings that the State recognized its competence, under article 149.1.29. ª of the Constitution and, therefore, integrated public safety, not only to respond to emergencies in which if a national interest, mobilizing the resources at its disposal, but also to ensure and safeguard a coordination of the various services and civil protection resources integrating them into «a design or model national minimum». This Act has been supplemented by numerous regulations, some as important as the basic norm of Civil protection, approved by the Royal Decree 407/1992 of 24 April, or the basic standard of self-protection, approved by Royal Decree 393/2007, of 23 March, a while have been developed various emergency plans and basic guidelines of planning of specific risks.
Also will have created new media state of intervention effective, as the unit military of emergencies. On the other hand, the autonomous communities and local authorities have deployed their own powers in the matter, adjusting his performance, setting up their own civil protection services, developing competent organs of coordination of emergencies which have entailed a substantial advance in the management of all types of emergencies and effective municipal civil protection services. Newly approved autonomy statutes expressly confirm the respective autonomous powers, although, as it is natural, with respect for those of the State and in conjunction with this.
In end, the Union European also is has added to the effort common and has since launched a mechanism of protection Civil, based in the solidarity and collaboration of them States members, apart from other measures financial and of support to these last.
All this evolution of the risks, media, legislation and changes that they involve in the approach and in the organisation of civil protection services advise an update of the regulatory legal framework of matter, that in addition to pick up some provisions particularly relevant scattered in already existing rules and supplementing certain shortcomings of the previous legal regulation greater emphasis on prevention to avoid or mitigate adverse impacts of these situations, as well as the integration, coordination and efficiency of the actions of public authorities.
This new law is proposed, therefore, strengthen the mechanisms that strengthen and improve the functioning of the national system for the protection of citizens against emergencies and disasters, which already provided for the previous law. This system of protection civil is understood as an instrument of it security public, integrated in the political of security national. System that will facilitate the cooperative, coordinated and efficient exercise of powers by constitutional doctrine between the public authorities, in the light of the new circumstances and social demands, to interconnect the plurality of services and actions aimed at the common goal of an open and flexible manner. In this sense, the new standard attends the recommendations of the Commission for the reform of public administrations, to incorporate specific evaluation and inspection measures of the national system of Civil protection, inter-administrative collaboration at the heart of the network of national alert Civil protection and integration of data from the national network of information on Civil protection. At the same time it will allow the best fulfillment of the commitments made at the international level and of the European Union, all with the ultimate goal of faster and more efficient way face emergency situations that may arise, for the benefit of those affected and in compliance with the principle of territorial solidarity. Through expectations and duties established by law in this regard and pursuant to the functions of political and administrative coordination that attributed to the National Council of Civil protection, among other things, it comes to realize in practice a minimum national model that will enable effective leadership by the Government of the emergencies of national interest and general coordination of the system that integrates all the efforts.
2. in response to the described purpose and the criteria on which it is based, this law is divided into six titles, most provisions of the final part.
The title I establishes the provisions of general application. In addition to define the protection civil as service public and clarify the terminology employed by a catalogue of them definitions of them concepts more substantial, concrete them performances of the system national of protection Civil and them principles by which is governed. Already established processes of the emergency cycle, forecast, prevention, planning, intervention and recovery joins of general coordination of political action through the identification and follow-up of strategies inclusive of all public and private activity in the area. Coordination is substantial for harmonious and effective operation of the system and to optimize their resources and determining that all actions and media are oriented primarily to reduce in a permanent and sustainable risks and vulnerabilities that affect the population and protected goods, as well as to increase individual and collective capacity of reaction to emergencies.
Any activity that potentially can have catastrophic effects must be with due caution and diligence in self-protection measures. The actions of the civil protection system will be governed in particular by the principles set out in this law, which are key reference points which contribute to its logical structure. In addition to those expressed and General apply to the operation of public administrations, always must be present the different strengths and vulnerabilities of persons, in accordance with the principle of equality and the international agreements signed by Spain.
The law regulates a set minimum of rights and duties of them citizens in matter of protection civil, as well as ones principles of action of them powers public respect to them, that will be specified in certain aspects by their standards of development. The intention of this regulation and its location in the legal text intended to highlight that the citizen is not only the recipient of the public action aimed to prevent and deal with emergency situations, but the center of the system of civil protection and which are rights and specific duties which have direct lace in the Constitution. The law sets that all them citizens have right to be informed on them risks collective important that les affect, what forces to them powers public to disclose them measures arranged for counter them, to recommend behaviors to prevent them and to give it maximum participation citizen to the plan e implement performances before them emergency, that is configured also as a right.
Title II describes complete and orderly manner in the first five chapters of the classic cycle of actions of the public authorities in the matter. Each is complementary to the others and its correct functioning is essential to achieve the objectives of the Act. Them mechanisms of evaluation e inspection that is established in the chapter sixth, in combination with them strategies of action defined in the title earlier, complete a concept advanced of management integral e integrative of all them parts of the system, that can be directed of way flexible and open to cover the needs of protection of them citizens and pays accounts of that responsibility.
The law puts a special emphasis on prevention. He process begins by enhance the knowledge on them risks as medium to provide for them and anticipate is to their consequences harmful, incorporating as a performance differential it of advance. Create the national network of information on Civil protection, which will interconnect all data and information necessary to ensure effective responses to emergency situations. Is one of them pillars of the system, that will manage the Center national of follow-up and coordination of emergency of protection Civil of the address General of protection Civil and emergency by means of a plan national of interconnection agreed by all the administrations public in the breast of the Council national of protection Civil. This new legal concept does not attract to the State new powers, but embodies and delimits the scope of the reciprocal duties of cooperation between administrations under the principle of solidarity, particularly with regard to the transmission of information and, where appropriate, of the duty of active cooperation of all administrations to that which corresponds to manage the emergency.
Prevention is one of the priority aims of civil protection. Many of them political developed by the administrations public, as can affect or condition the security of them people or them goods, have objectives preventive. The favourable law that these efforts are channelled and integrate through the coordinating bodies established. Planning, especially self-protection plans, the training of personnel belonging to the system of protection civil and especially the inclusion in school curricula of content about self-protection and first aid, are the most powerful instruments of prevention of a horizontal nature that this law seeks.
In addition is regulate performances preventive specific of long reach unpublished in the political of protection civil earlier. Activities classified according to this law as of risk for emergencies must have a technical study of impact on the identified previously in maps of risk or territorial plans in the place where is planning to perform. Is is with this of compatible such activities necessary for the development economic and social with the security of people and goods, rationalizing its design to minimize the risk that can generate. Is created the National Fund for prevention of emergencies as the financial suitable instrument to contribute to give the necessary impetus to actions in preparation of analysis and localization of risks, campaigns of awareness-raising and preventive information to citizens, prevention in schools or other similar education programmes, anticipating the conclusion of conventions or agreements for this purpose between the General Administration of the State , the communities autonomous and other institutions public and private.
Other prevention resources already provided for in the previous regulations are improved. All them plans of protection civil must establish programs of information preventive and of alert to ensure the training permanent of them services involved in the emergency, of them affected by them and of them media of communication, in its case. Power, the network of national alert of Civil protection, as a means of instant communication with all emergency prevention, incorporating to the competent organs of coordination of emergencies of the autonomous communities as channel for the transmission of alarms to whom it may concern.
As far as planning is concerned, the law opts to keep essentially the scheme of the previous legislation, already consolidated, while simplifying as far as possible. Hence the current basic guidelines to be included in the basic norm of Civil protection and that differentiate more clearly the special territorial plans. Is expected the approval of plans special for situations war taking in has them laws special and them conventions international signed by Spain. In the field of self-protection, configured in the title I as a duty, complete the provisions that established the previous law and legal rank given to the essential aspects of the existing regulations. The obligation to bear the cost of the corresponding protective measures imposed on entities or companies that generate a risk for the population.
Also, the mechanism for approval of the plans shall be deleted by another more suitable to the competences distribution.
The immediate response to emergencies is the critical point of entire system of civil protection, which, on the other hand, evidence sometimes shortcomings of previous actions. The breadth and diversity of media that has been equipped with el sistema in recent years, as noted above, needs coordination. By that the law accurate them activities to develop and them services of intervention and assistance so that can structure is rationally protocols of action and plans of training relevant that seek answers fast, coordinated and efficient.
Strengthen operational coordination centers, similarly to what is provided in the mechanism of Civil protection in the European Union with its Centre for the coordination of response to emergencies. On the one hand, strengthened the competent organs of coordination of emergencies of the autonomous communities as members of the civil protection system; on the other hand, it will power the center of current coordination of the General Directorate of Civil Defence and emergencies, which is transformed into the national centre of follow-up and coordination of emergency Civil protection, corresponding to the management of networks of information and alert system, networking and collaboration with other international coordination centers and become operational coordination centre from which will be emergencies of national interest. In these cases, the competent organs of coordination of emergencies of the autonomous communities will be integrated operationally in it synergistically to reinforce the capacity of the system.
Operative intervention of the State focuses primarily, in accordance with the constitutional doctrine, in cases of emergency of national interest. Also it has sought to strengthen management and coordination of the Minister of the Interior faculties, and the duty of cooperation of all the authorities which have potential sources of funding resources in these cases. At the same time, law imposes on the State the obligation to make available to the autonomous communities and local entities the human and material resources available for civil protection, in the form agreed upon at the National Council of Civil protection. In addition to this criterion of reciprocity, it is evident that the State can not withdraw any situation of risk that affects a part of the population, although others are competent administrations to meet them. It follows that resources which the State allocates to these purposes are also susceptible utilization by other administrations, insofar as it is possible and appropriate to ensure the highest level of protection to all citizens.
The last of the actions is restoration of normality in the disaster area. Although in the field state exists already a normative regulatory to the respect, in numerous occasions the regulation varies depending on each situation unique. The law establishes a regulatory framework common aid adapted to the general legislation of subsidies. Is expected the Declaration of affected area badly by an emergency of civil protection for the adoption of other types of remedies, for example exemption or short-term reduction of taxes and defaults in the payment of Social security contributions, as well as consideration of a situation of force majeure of the extinctions or suspension of employment contracts or temporary reductions of working hours having its direct cause from in emergencies.
The title III is dedicated exclusively to the formation of them resources human of the system national of protection Civil, issue obviada in the previous text legal and in them regulatory. Human resources are an essential element for the proper functioning of the system, so it should be a priority in the policies of public administrations, civil protection. The new law strongly committed to its formation, as coordination mechanism par excellence in the medium and long term, since it contributes skills common to all its members which are decisive to ensure that its interventions are coordinated.
In addition, actions whose objective is the civil protection of the population have stopped having long since the nature of cyclical and improvised response with which were born. At present, an effective civil protection policy requires a high level of preparation and specialized training of all those involved in these performances throughout its cycle, as in the case of staff in the service of the competent public administrations, other professionals or those who lend their voluntary collaboration. The law requires, therefore, that all persons involved in civil protection tasks are properly formed and aims to promote in all areas the training effort, harmonising the related systems, methods, and titles to ensure the interoperability of civil protection agents. For these purposes, the law requires vertebradoras functions that correspond to the National School of Civil protection, without prejudice to activities and centers that may create or already exist in other competent authorities.
With regard to them powers of them organs of it Administration General of the State in matter of protection civil, to which is dedicated the title IV, is has opted by follow attributing it responsibility fundamental to the Ministry of the Interior, low it address political and it coordination top of the Government. This does not preclude so others departments and certain agencies and entities public play also important functions in this matter, that, by its implications, has a nature cross. Moreover, it is essential that all areas of the Administration take decidedly that they should pay their competition, with the means and powers at their disposal to deal with and overcome emergency situations, since they affect more primary legal goods and general interests of greater relevance.
Now well, the plurality and diversity same of them performances that can and must perform the Administration General of the State for ensure the protection civil requires reinforce them mechanisms of coordination, because only thus will be possible get a response unitary and avoid interference or duplication not desirable. That is why the law recognize a role of coordinators of actions of bodies and services of the General Administration of the State, under the instructions of the Ministry of the Interior, whose owner is the top authority on the subject and are attributed to all those specific skills that allow you to exercise it to the delegates of the Government.
Also, the law reiterates the participation of them forces armed and of them forces and bodies of security of the State in the actions of protection civil, as well as of the unit military of emergency. The Act provides the essential rules that discipline the intervention of the military emergency unit, which has become in a short time as a highly effective instrument in the fight against all kinds of emergencies.
Given the peculiarities of the action public for it protection civil, in which concur several levels of Government and administration gifted of skills own, is must organize a scheme of cooperation inter-administrative, to what is intended the title V. The law delves into the philosophy of cooperation permanent and structured bodies «ad hoc», established by previous legislation, and creates the National Council for Civil protection, enhancing the importance of the coordination of public policies of civil protection and the participation of the autonomous communities and the Local Administration at the highest level in the elaboration of the State policy , without by this is forget or reduce the coordination technical multilateral in the tasks of planning, interconnection of networks and systems of action, training and others that it require, for which there will be of create them commissions and groups of work that deems necessary. The scheme of cooperation is complemented by the possibility of setting up, by the respective regional laws, territorial organs of participation and coordination.
In the outer scope, the new law covers and organizes the State contribution to the European Union Civil protection mechanism and missions of international cooperation in this matter, more and more frequent and complex, assumptions that the adopted legislation for more than two decades hardly could have predicted.
The penalties ordered in Title VI, in accordance with the principles and general rules that report today sanctioning administrative law and which could not take into account the early law of 1985.
Finally the additional provisions recognize that civil protection volunteers has always played in civil protection an important role, although complementary and auxiliary corresponding public functions. The law pursues enhance that role, in the frame of them principles and regime legal established in the legislation own of the volunteer, while stressing the duty and the right of training of them volunteers and without prejudice of the duty general of collaboration of all them citizens, when appropriate. Aims to integrate also the capabilities of Cross Red Spanish in personal and media, as well as them of them amateur radio and others entities collaborating whose effort has been and will continue being very important.
On the other hand, provisions of this standard keeps the necessary coherence with national security and critical infrastructure protection systems and international treaties signed by Spain.
Regulates the award of the medal to the merit of civil protection as public recognition of meritorious actions taken by those who, regardless of the legal imperatives or exceeding even the level of demand of them, involved in actions related to civil protection, both in its preventive and emergency response aspects.
It foresees the possibility of grant aid disaster even in the case that not be declared previously the affected area badly by a civil defence emergency, so that the National Council for Civil Protection agreed unit price cost of services that facilitate the quantification of expenditure in the cooperation agreements concluded in the case of emergencies involving several administrations and that will affect the efficiency of resources of the System.
3. in short, the law comes to update the legal framework in a matter so sensitive to citizens such as the civil protection. And it does so in the light of the experience gained since the adoption of the previous law, taking into account the competencies of the autonomous communities, as well as the legislation of the European Union and the commitments entered into by Spain within the framework of international cooperation, in similar terms as today regulates this matter in other States in federal or decentralized structure.
But it is above all, arbitrate legal budgets allowing to continue gradually raising the level of protection of citizens for years to come. It is not more remember that, at the moment when it starts to be built in our country a modern administrative system, warned Javier de Burgos which «calamities relief... should not surrender to the eventuality of the generous inspirations, but undergo constant, regular and consistent action of the administration». Two centuries later, it is evident that the State, as well as the other public powers, is called to offer to anyone forecast and amparo to disasters of all kinds, since this is the life, physical integrity, the normal enjoyment of property and rights and the defense of the natural and cultural resources, whose protection is a , if not the most important reason for being from the same State.
TITLE I General provisions article 1. Object and purpose.
1 civil protection, as an instrument of public security policy, is the public service that protects people and property, ensuring an appropriate response to the different types of emergencies and disasters caused by arising from human activity or natural causes, be it accidental or deliberate.
2. the object of this law is establish the system national of protection Civil as instrument essential for ensure the coordination, the cohesion and the efficiency of them political public of protection civil, and regular them skills of it Administration General of the State in the matter.
Article 2. Definitions.
To the effects of this law is understood by: 1. danger. Potential to cause harm in certain situations to groups of people or goods that must be preserved by the civil protection.
2. vulnerability. The feature of a collectivity of people or goods that them make susceptible of be affected in greater or less degree by a danger in certain circumstances.
3 threat. Goods preserved by civil protection and situation in which people are exposed to a greater or lesser extent to a latent or imminent danger.
4. risk. It is the possibility that a threat will affect groups of people or goods.
5. emergency of protection civil. Collective risk situation struck by an event which puts in imminent danger to persons or property and requires a rapid management by public authorities to address them and mitigate the damage and try to prevent it from becoming a catastrophe. Is corresponds with other denominations as emergency extraordinary, by contrast to emergency ordinary that no has involvement collective.
6 disaster. A situation or event that alters or interrupts substantially the operation of a community or society by cause great amount of victims, damage and impacts materials, whose attention exceeds them means available of the own community.
7. essential services. Services necessary for the maintenance of the basic social functions, health, safety, social and economic well-being of citizens or the effective functioning of the institutions of the State and public administrations.
Article 3. The system national of protection Civil.
1 the national system of Civil Protection integrates the activity of all public administrations, civil protection, in the scope of their powers, in order to ensure a coordinated and efficient response by the following actions: to) provide for collective risks through actions to meet ahead of time and avoid occur or, where appropriate, reduce the damage that may arise from them.
(b) planning means and measures to deal with the situations of risk.
(c) carry out operative intervention of immediate response in case of emergency.
(d) measures of recovery to restore essential services and infrastructure and mitigate damages for emergencies.
(e) perform a coordination, monitoring and evaluation of the system to ensure effective and harmonious operation of the same.
2. the performances of the system is governed by the principles of collaboration, cooperation, coordination, solidarity inter-territorial, subsidiarity, efficiency, participation, inclusion and accessibility universal of them people with disability.
3. citizens and legal persons will participate in the system in the terms established in this law.
Article 4. Strategy of the national system of Civil protection.
1. the strategy of the national system of Civil protection consists in prospectively analyze the risks that can affect people and property protected by civil protection and response capabilities, and consequently formulate the strategic lines of action to align, integrate and prioritize efforts that allow to optimize available resources to mitigate the effects of emergencies.
The National Council for Civil protection will adopt the basic lines of the strategy of the national system of Civil protection and the guidelines for its implementation, follow-up and periodic evaluation. Annual performance plans or sectoral programmes for its implementation will set. This strategy will be reviewed, at least every four years.
2. the National Civil protection strategy will integrate and align all the actions of the General Administration of the State in this matter. It will be approved by the National Security Council, on the proposal of the Minister of the Interior.
Article 5. Right to protection in case of disaster.
1. all residents in the Spanish territory have the right to be cared for by the Government in case of disaster, in accordance with the provisions in laws and without more limitations than those imposed by their own inherent to such situations dangerous conditions and the availability of means and resources for intervention.
2. the public authorities shall ensure that the attention of citizens in the event of catastrophe is equivalent either which is the place of residence, in accordance with the provisions of article 139.1 of the Constitution.
3. the competent public services will be identified as soon as possible victims in case of emergencies and provide accurate information to their relatives or persons close.
4. the public authorities shall ensure that they adopt measures specific to ensure that persons with disabilities know the risks and the measures of self-protection and prevention, are served and informed in cases of emergency and participating in the civil protection plans.
Article 6. Right to information.
1. all have the right to be properly informed by public authorities about the important collective risks affecting them, the measures envisaged and taken to make them front and behavior that must be followed to prevent them.
2. such information shall of provide is both in case of emergency as preventively, before the situations of danger arrive to be present.
Article 7. Right to the participation.
1. them citizens have right to participate, directly or through entities representative of their interests, in the elaboration of the rules and plans of protection civil, in them terms that legal or regulations is established.
2. the participation of them citizens in the tasks of protection civil can channel is through them entities of volunteering, of conformity with it willing in them laws and in them standards regulatory of development.
Article 7 bis. Duty to collaborate.
1. citizens and legal persons are subject to the duty to cooperate, personal or materially, in civil protection, in the case of a request of the competent authority in accordance with the provisions of article 30.4 of the Constitution and under the terms of this law.
2. in cases of emergency, anyone from the age of majority, shall be obliged to carry out personal allowances requiring the competent authorities in the field of civil protection, without right to compensation for this cause, and the fulfillment of orders and instructions, General or specific, laying down those.
3. where the nature of emergencies make it necessary, the competent authorities in the field of civil protection may proceed to the requisition of all kinds of goods, as well as intervention or transient occupancy that are necessary and, where appropriate, to the suspension of activities. Who as consequence of these performances suffer damages in its goods and services, will have right to be indemnified in accordance with it provisions in the laws.
4. when the nature of them emergency requires it entry in a domicile and, in its case, the evacuation of people that is are in danger, will be of application it willing in the article 15, paragraph 2, of the law organic 4 / 2015 of 30 of March, of protection of it security citizen.
5. them measures restrictive of rights that are taken or which impose benefits personal or materials will have a validity limited to the time strictly necessary for do facing them emergency and must be appropriate to the entity of the same.
6 services of surveillance and protection against risks of emergencies of public or private companies shall be deemed, for all purposes, partners in civil protection, so it may be assigned tasks within the plans of civil protection to its territorial scope and, where applicable, be required by the competent authorities for their action in emergencies. Regulations will be established the conditions that guarantee that the awarding of contracts to services for surveillance and protection of companies managing services of general interest does not affect the maintenance of essential services in conditions of security and continuity, as well as the regime of compensation for damages caused by its action in this field.
(7. holders of centres, establishments and buildings, which are carried out activities referred to in article 9(2). b) which can cause emergencies, they should report regularly enough to potentially affected citizens about the risks and prevention measures, and will be forced a:
(a) communicate to the organ that it is established by the public administration in each case of competent, programs of information citizens put into practice and the information provided.
(b) perform to his charge the installation and the maintenance of them systems of generation of signals of alarm to the population, in them areas that can verse immediately affected by them emergency of protection civil that can generate is by the development of the activity performed.
(c) ensure that this information is fully accessible to people with disabilities of any kind.
8. them media of communication are forced to collaborate of way free with the authorities in the broadcasting of them information preventive and operational before them risks and emergency in the form that those les indicate and in them terms that is established in them corresponding plans of protection civil.
Article 7 ter. Duty of caution and self-protection.
1. the citizens should take the necessary measures to prevent the generation of risks, as well as exposure to them. Once struck an emergency, they must act in accordance with the directions of the agents of the competent public services.
2. holders of centres, establishments and premises, public or private, that generate emergency risk, are obliged to adopt self-protection measures provided for in this law, in the terms therein and in the implementing regulations.
3. the competent authorities in the field of civil protection will promote the establishment of organizations of self-protection among the companies and organizations that generate risk to facilitate adequate information and advice.
Article 7 quater. Volunteering in the field of the protection civil.
1 civil protection volunteers can collaborate in the management of emergencies, as an expression of civic participation in the social response to these phenomena, in accordance with the established rules, without prejudice to the general duty of cooperation of the citizens under the terms of article 7 bis.
The activities of volunteers in the field of civil protection will be carried out through entities of volunteering that integrates, in accordance with the legal regime and the values and principles that inspire the voluntary action set out in the own voluntary rules, and following the guidelines of those, unless in any case their collaboration would involve an employment relationship with the corresponding administration.
2. the powers public will promote the participation and the training of them volunteers in support of the system national of protection Civil.
3. the network of volunteer amateur radio emergency communications will complement the available ordinarily by civil protection services.
TITLE II performances of the system national of protection Civil CHAPTER I advance article 8. Definition.
Anticipation aims to determine the risks in a territory based on the conditions of vulnerability and potential threats, and includes analysis and studies that allow to obtain information and predictions about dangerous situations.
Article 9. Network national of information about protection Civil.
1. is created the national network of information on Civil protection in order to contribute to the anticipation of risks and facilitate an effective response to any situation requiring it, without prejudice to the powers of the autonomous communities. This network will enable the national system of Civil protection: a) the collection, storage and fast access to information about the risks of emergency known as well as protective measures and the resources available for this purpose.
(b) ensure the exchange of information in all the actions of this title.
2 the network will contain: a) the national map of risks of Civil protection, as an instrument that allows to identify the geographical areas susceptible to damage by emergencies or disasters.
(b) the official catalogues of activities that may give rise to an emergency of civil protection, including information centres, establishments and premises in which those made, in the terms established by law.
(c) the computerized registry of plans of civil protection, which will integrate them all in the terms established by law.
(d) the catalogues of resources potential sources of funding, understanding as such the human and material resources, managed by public administrations or private entities, which can be used by the National Civil protection system in case of emergency, in the terms provided for in this Act and according to the rules established.
e) the national registry data on emergencies and disasters, which will include information on which occur, the consequences and losses caused, as well as the means and procedures used to alleviate them.
(f) any other information necessary to anticipate the risks of emergencies and to facilitate the exercise of the powers of public administrations in the field of civil protection, in the terms established by law.
3. the competent public administrations shall provide the data required for the establishment of the network and will have access to it, in accordance with criteria to be adopted in the National Council for Civil protection.
CHAPTER II prevention of risks of civil protection article 10. Prevention policy.
1. the civil protection prevention consists of the set of measures and actions to avoid or mitigate the potential adverse impacts of the risks and threats of emergency.
(2. as step prior to the provision of activities scheduled in accordance with the article 9.2. b) is must count with a Studio technical of them effects direct on them risks of emergency of protection civil identified in the area. It will include, as a minimum, data on location, design and size of the project activity, identification and assessment of these effects and the measures to prevent or reduce the adverse consequences of the impact. Is submitted to evaluation of the impact on them risks of emergency of protection civil by the body competent in the matter.
3. the civil protection plans provided for in chapter III of this title shall contain information and preventive communication and warning programs that enable citizens to take measures appropriate for the safeguard of persons and goods, to facilitate throughout what possible the rapid action of intervention services, and restore normalcy quickly after any emergency. The broadcasting of these programmes must ensure its receipt by the most vulnerable groups.
Content will be added measures of accessibility for persons with disabilities, in particular, rules to ensure that they receive information about these plans.
4. the public authorities shall promote research of emergencies, to avoid that it reaffirm, and assurance of the risk of emergencies, to ensure the efficiency of society's response to these events in a manner compatible with social, economic and fiscal sustainability.
5. public administrations promote, within the scope of their powers and charged to their respective budget allocations, the realization of preventive citizens information and awareness programs and education for prevention in schools.
Article 11. Prevention of emergency fund.
1 you create emergency prevention fund, managed by the Ministry of the Interior, with appropriations that State to the effect on the General State budget, to finance, at the level of the General Administration of the State, the following preventive activities: to) hazard, vulnerability and risk analysis.
(b) maps of risk of protection civil.
(c) programmes of awareness-raising and information preventive to the citizens.
(d) programs of education for the prevention in centers school.
(e) other activities of analog character that is determined.
2. the Ministry of the Interior may sign instruments of collaboration with others departments Ministerial, with other administrations public and with entities public or private, for the realization of them activities collected in this chapter, that will be funded total or partially with charge to the Fund of prevention of emergency.
Article 12. Network of alert national of protection Civil.
1 create the network of national alert for Civil protection such as notices of emergency communication system to the competent authorities in the field of civil protection, without prejudice to the powers of the autonomous communities, to essential public services and citizens are informed before any threat of emergency.
2. the management of the network will be the Ministry of the Interior, through the national follow-up and coordination of Civil Protection emergency Center.
3. all organisms of public administrations that may contribute to the detection, monitoring and forecasting of threats of imminent danger to persons and property shall immediately inform national follow-up and coordination of Civil Protection emergency Center any situation which they have knowledge that can give rise to a civil defence emergency.
4. them organs competent of coordination of emergency of them communities autonomous will be runway both for the information of them emergency of protection civil to the Center national of follow-up and coordination of emergency of protection Civil, as for the transmission of the alert to who corresponds.
CHAPTER III planning article 13. Standard basic of protection Civil.
The basic norm of Civil protection, approved by Royal Decree on a proposal from the head of the Ministry of the Interior, and following a report of the National Council for Civil protection, establishes the basic guidelines for the identification of risks of emergency and performances for its management, the minimum content and the general criteria for the elaboration of plans of Civil protection, and the development by the competent bodies of the implementation activities necessary for its adequate effectiveness.
Article 14. Plans of protection Civil.
1. the Civil protection plans are instruments of forecast of the organico-funcional framework and the mechanisms that enable the mobilization of human resources and materials needed for the protection of persons and property in case of emergency, as well as coordination of the different public administrations called scheme to intervene.
2. the plans of protection Civil are the Plan State General, them plans territorial, of field autonomic or local, them plans special and the plans of self-protection.
3. the General State Plan and the special and territorial plans of State or regional level shall be informed by the National Council for Civil protection, for the purposes of its adaptation to the national system of Civil protection.
Article 15. Types of plans.
1. the General State Plan develops the Organization and the procedures of the General Administration of the State to provide support and assistance to other public administrations, for civil protection emergencies, as well as exercise the management and coordination of the whole of the public administrations in declared emergencies of national interest. The approval of the Plan State General corresponds to the Government, to proposal of the Minister of the Interior.
2 they are territorial plans all those that are prepared to deal with the risks of emergency that may occur in the territory of an autonomous community or of a Local authority. Such plans shall be approved by the competent, regional or local administration pursuant to specific legislation.
3. are plans special which have by purpose do facing the risk of floods; earthquakes; tsunamis; volcanic; phenomena weather adverse; forest fires; accidents at facilities or processes in which is used or stored substances chemical, biological, nuclear or radioactive; accidents of civil aviation and in the transport of dangerous goods, as well as those relating to the protection of the population in the event of armed conflict and those others to be determined in the basic standard. The special plans may be State or autonomic, according to its territorial scope, and shall be approved by the competent authority in each case. Special schemes relating to the nuclear risk and the protection of the population in the event of armed conflict will be, in any case, of State, without prejudice to the participation therein of the administrations of the autonomous communities and local entities, as he is stated in the basic standard.
4. them plans of self-protection set the frame organic and functional planned for them centres, establishments, installations or dependencies collected in the normative applicable, to prevent and control them risks of emergency of protection civil on them people and them goods and give response adequate in those situations.
CHAPTER IV article 16 emergency responders. Definition.
Immediate response to emergencies of civil protection means the performance of the services public or private intervention and assistance after the occurrence of an emergency or in a situation that could result in emergency, in order to avoid damage, rescue and protect persons and property, ensure public safety and the basic needs of subsistence of the population concerned. Includes the attention health, psychological and social of urgency, the refuge and the repair initial of them damage for reset them services e infrastructure essential, as well as others actions and assessments necessary to start the recovery.
Article 17. Intervention and assistance in emergencies of civil protection services.
1 shall be regarded as public services of intervention and assistance in emergency civil protection technical services of Civil protection and emergencies of all public administrations, prevention services, fire and rescue, and prevention and extinguishing of forest fires, the forces and security bodies, emergency, the military health-care services and , specifically, the unit military of emergencies, them organs competent of coordination of emergency of them communities autonomous, them technical forest and them agents environmental, them services of rescue, them equipment multidisciplinary of identification of victims, them people of contact with the victims and their family, and all those that depending on them administrations public have this end.
2. them organs competent of coordination of emergency of them communities autonomous, in addition to the attention of emergency that not have involvement collective but that require the performance of services operating different, may act in them emergency of protection civil as Center of coordination operational, according to is set in them corresponding plans.
3. when required by organizations, volunteers and collaborators, their mobilization and performances will be subordinate to the public services.
4. in the basic norm of Civil protection will be regulated the bases for improving the coordination and efficiency of the activities of the services covered in this article.
Article 18. The National Center for follow-up and coordination of emergency Civil protection.
1 the National Center of monitoring and coordination of emergency Civil Protection exercises the following functions: to) manage the national network of information on Civil protection. Develop, prior agreement of the National Council for Civil protection, a national plan of interconnection of emergency information enabling agile communication among the different public administrations and efficiency in the management, coordination and monitoring of emergencies.
(b) manage the network of National Civil Protection alert in the terms provided for in this law.
(c) regularly disseminate data and statistics on emergency and assess the appropriateness and use of social networks in an emergency of civil protection.
(d) Act as operational coordination in emergencies of national interest. In them the competent organs of coordination of emergencies of the autonomous communities will be integrated operationally in this Centre, with functions and coordination mechanisms to be determined, as well as information networks for the management and coordination of the services involved in its resolution. The scope of such integration and conditions make them effective shall be determined by the National Council for Civil protection.
(e) Act as point of contact for communication and exchange of information with the bodies of the European Union, within the framework of the mechanism of Civil protection of the Union and other international organizations, as well as with the homologous organs in other countries with which Spain has established a Convention or Treaty on cooperation in the field of civil protection.
(f) channel information to be supplied by citizens and public and private entities in the terms established in this law.
2. the tasks entrusted to the national follow-up and coordination of Civil Protection emergency Center are included in the General direction of Civil protection and emergency.
Article 19. Availability of the resources of the State.
1. the State will work with the autonomous communities and local entities, providing human resources and materials available in case of emergencies which have not been declared of national interest, in the terms to be agreed in the National Council of Civil protection.
2. the members of the State security bodies and forces or of the armed forces involved in such emergencies Act square and to the orders of their commanders directed by the authority designated in the plan of civil protection that appropriate and natural.
3. the liability for damages arising out of the intervention of the means of the General Administration of the State referred to in the preceding paragraph shall correspond to the public administration that assumes the direction of the emergency.
CHAPTER V recovery article 20. Recovery phase.
1. the recovery phase consists of the set of actions and measures in support of the public and private entities aimed at the restoration of normalcy in the disaster area, once the immediate emergency response.
2. when there is an emergency whose magnitude requires the intervention of the General Administration of the State for reclamation, the measures contained in this chapter, prior declaration thereof in accordance with the provisions of article 23 shall apply. Of the reasons justifying the intervention of the General Administration of the State in the recovery tasks it shall, in the shortest time possible, to the autonomous community concerned or, where appropriate, to the National Council for Civil protection.
3. them measures of recovery is apply in concept of helps to contribute to the restoration of the normal in them areas affected, not having, in any case, character compensation.
Article 21. Material damage.
1. the damage materials have of be certain, assessable economically and referred to goods that have with the coverage of a safe, public or private.
2. the aid by damage materials will be compatible with which could grant is by other administrations public, or with them compensation that corresponded under policies of safe, without in any case the amount global of all them can overcome the value of the damage produced.
3. the valuation of them damage materials is will make by agencies specialized in pricing of claims or by them services technical dependent of them administrations public, in the field of their competencies on the base of them data provided by them administrations public affected. The Consorcio de Compensación de Seguros is entitled to payment of the appraisal work in accordance with the scale of fees.
4. in order to facilitate the processing of aid and the valuation of the damage, their competent administration and the Consorcio de Compensación de Seguros may exchanged data on beneficiaries of subsidies and compensation to be awarded, the affected goods and their respective amounts. The insurance companies operating in the Spanish territory shall be obliged to supply to the Consorcio de Compensación de Seguros information it requested them to comply with the provisions above. The Consorcio de Compensación de Seguros may issue of valuation reports and expert at the request and on behalf of the public administrations concerned.
Article 22. Personal injury.
When injuries have occurred will be awarded financial aid for death and disability, absolute and permanent, in the terms provided for in the fourth additional provision.
Article 23. Proceedings for a declaration of area badly affected by a civil defence emergency.
1. the Declaration of area badly affected by an emergency civil protection provided for in this law shall be made by agreement of the Council of Ministers, on the proposal of the Ministers of finance and public administration and the Interior and, in its case, of the holders of the other ministries concerned, and shall include, in any case, the delimitation of the affected area. This statement may be requested by the administrations public interested.
In these so-called, and with character prior to its Declaration, the Government can request report to the community or communities autonomous affected.
2. to them effects of the Declaration of area affected badly by an emergency of protection civil is will assess, in all case, that is have produced damage personal or materials derived of a sinister that disturb seriously them conditions of life of the population in an area geographical determined or when is produce it stoppage, as consequence of the same, of all or some of them services public essential.
Article 24. Measures applicable.
1 under the terms approved by the Council of Ministers, when declaring an area badly affected by an emergency civil protection may be adopted, among others, some of the following measures: to) financial assistance to individuals by damage to residence and belongings of first necessity.
(b) compensation to local governments for costs arising from non-Deferrable performances.
(c) aid to natural or legal persons who have carried out the personal allowance or property.
(d) aid in industrial, commercial establishments and services.
(e) grants by damage to municipal infrastructure, insular and provincial road network.
(f) aid for damage in production agriculture, livestock, forestry and marine aquaculture.
(g) opening of preferential loan lines supported by the official credit Institute.
2 in addition to the measures provided for in the preceding paragraph, may be adopted as follows: to) fiscal measures: 1 exemption from real estate tax fee, corresponding to the financial year in which that has occurred emergency that affect housing, industrial, tourist and commercial establishments, holdings agricultural, livestock and forestry, local work and similar, when they have been damaged and is accredited to both persons and property located therein had to be the subject total or partial rehousing in other housing or different premises until the repair of damage, or the damage to crops constitute claims not covered by any public or private insurance formula.
2. reduction in the tax on economic activities, corresponding to the financial year in which has on relief to the industries of any kind, commercial, professional, and tourist establishments whose premises of business or assets pertaining to this activity have been damaged, provided that it had to be the subject of rehousing or damage that force the temporary closure of the activity. The stated reduction will be proportional to the elapsed time from the day in which occurred the cessation of activity until your restart in normal, either on the same premises or other enabled to this effect.
3rd exemptions and reductions of fees in the taxes referred to in the previous ordinals include those of legally authorized on the same charges.
4th taxpayers who have satisfied the receipts for that fiscal year, be entitled to the benefits established in the previous ordinals, may request the refund of amounts entered.
5 exemption from rates of the autonomous body Central Headquarters of traffic for processing vehicles casualties requested as a result of the damage caused, and the issuance of duplicates of circulation and driving permits destroyed or lost by such causes.
6 the decrease of them income in them tributes local that, in his case, is produce in them municipalities, councils provincial, cabildos island and tips island as consequence of the application of this article, will be compensated with charge to them budgets General of the State, of conformity with it established in the article 9 of the text consolidated of it law regulatory of Haciendas local , approved by the Royal Decree legislative 2 / 2004, of 5 of March.
7th them aid by damage personal will be exempt from the tax on the income of them people physical.
8th of way exceptional, the Minister of Hacienda and administrations public may authorize a reduction of them indices of performance net of the holdings and activities agricultural performed in them areas salvage.
(b) labour and Social security measures: 1 the extinctions or suspension of employment contracts or the temporary reductions of working hours having its direct cause the emergency, as well as activity losses directly arising from that are duly accredited, shall be regarded as coming from a situation of force majeure with the consequences that derive from articles 47 and 51 of the text revised law of the Statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March. In the first case, the General Treasury of the Social Security may exonerate entrepreneur of the payment of Social security contributions and concepts of joint fundraising during the period of suspension, keeping the condition of that period like actually quoted by the worker. In cases in which contract termination occurs, the compensation of workers shall be borne by the wage guarantee fund with the legally established limits.
In the case that is decided by the company the suspension of contracts or temporary reduction of working based on exceptional circumstances, the State public employment service may authorize that the time in which received unemployment benefits, regulated in title III of the revised text of the General Social Security Act approved by Royal Legislative Decree 1/1994, of 20 June, to bring their immediate cause emergency not be computed for the purposes of consuming the maximum perception periods. Also, in those cases, may be authorized that workers who lack the contribution periods required for entitlement to them receive benefits unemployment.
2nd companies and self-employed workers covered by any Social security scheme may request and obtain, prior justification for damages, a moratorium of up to one year without interest in the payment of contributions to Social Security and by joint fundraising concepts corresponding to three consecutive calendar months, counting from the previous production of the accident or , in the case of workers included in the regime special of the workers by has own or autonomous, from the month in that one is produced.
3rd contributors to Social security are entitled to the benefits established in the previous ordinals and have satisfied the contributions for exemptions or the moratorium question may request the refund of entered amounts, including, where applicable, interest, surcharges and corresponding costs, in the terms legally provided. If which was entitled to a refund were indebted to the Social security contributions for other periods, the refund credit will be applied to the payment of outstanding debts with that in the way that legally appropriate.
Article 25. Follow-up and coordination.
1. after the Declaration of area affected severely by an emergency of protection civil is take to out a follow-up of them measures collected in this chapter, in them terms that is determined regulations.
2. for the coordination and monitoring of the measures taken by the General Administration of the State and, where appropriate, by other public administrations, shall be a Coordination Committee, composed of representatives of local and regional State authorities affected.
CHAPTER VI evaluation and inspection of the national system of Civil Protection article 26. Evaluation and inspection.
1. the evaluation and inspection of the national system of Civil protection purpose shall be to contribute to improve the quality of the response of the public authorities in the management of the risks and emergencies.
2. the evaluation and inspection applies to all actions of the national system and the competent public administrations, carry it out under the terms set out in the following section.
3. the Council national of protection Civil shall draw up some guidelines of evaluation of the performances of application general and a program of inspection of the system national that is will take to out by them administrations public in their respective areas of competition, respecting them powers of self-organization and of address of their own services.
Article 27. Annual report of the national system of Civil protection.
The Government, made by the National Council for Civil protection, and on the proposal of the Minister of the Interior, rise to the Senate an annual report enabling to assess the effectiveness of the national system.
CHAPTER VII emergency article 28 national interest. Definition.
Emergencies of national interest are: 1. which require for the protection of people and goods the application of organic law 4/1981, dated 1 June, regulating the States of alarm, exception and site.
2. those in which is necessary to provide for the coordination of administrations different because affect to several communities autonomous and require a contribution of resources to level supraautonomico.
3 that effective or predictable in size require a national address.
Article 29. Statement.
In them alleged intended in the article earlier, will correspond the statement of interest national to the holder of the Ministry of the Interior, well by own initiative or to instance of them communities autonomous or of them delegates of the Government in them same. When the Declaration of emergency of national interest at the initiative of the Ministry of the Interior, shall in particular, in any case, after communication with the autonomous region or autonomous communities affected, in ways that do not adversely affect the speed of the Declaration and the effectiveness of the public response.
Article 30. Effects.
1. declared the emergency of interest national, the holder of the Ministry of the Interior will assume its address, that will understand the management and coordination of them performances and it management of all them resources State, autonomic and local of the field territorial affected, without prejudice of it willing in it law for them States of alarm, exception and site, and in the normative specific on security national.
2. the Minister of the Interior may, depending on the seriousness of the situation, require the collaboration of different public administrations that have potential sources of funding resources, although the emergency does not affect its territory.
TITLE III the resources human of the system national of protection Civil article 31. The formation of human resources.
1. the public authorities shall promote the formation and development of the technical competence of the staff of the national system of Civil protection.
2. the civil protection training will have the official recognition of the educational system and vocational training for employment, within the framework of the national system of qualifications and vocational training, in the terms established by the Government, on the proposal of the competent ministries.
Article 32. The National School of Civil protection.
1 the National School of Civil protection, as a unifying of specialized training and high-level control instrument, develops the following activities: to) form and train the staff of the services of civil protection of the General Administration of the State and other public and private institutions, through the relevant agreements, where appropriate, as well as people from other groups that are of interest to the national system of Civil protection. You may agree with other administrations, through the corresponding conventions, training and training of staff in the service of these administrations.
(b) develop actions of r & d in the field of civil protection training.
(c) collaborate with the centers of training of protection civil of the other administrations public.
(d) collaborate in them activities of training that is provide in the frame of the mechanism of protection Civil of the Union or of other initiatives European for favor the interoperability of them equipment and services. Also can carry to out activities of training in favor of other States or of institutions foreign or international.
(e) the school national of protection Civil, prior authorization of them ministries of education, culture and sport and of employment and security Social, respectively, may teach them actions conducive to the obtaining of them titles official of training professional and certified of professionalism related with the protection civil.
2. the functions assigned to the school national of protection Civil is fall in the address General of protection Civil and emergency.
TITLE IV powers of the organs of the Administration General of the State article 33. Powers of the Government.
They are powers of the Government in the field of civil protection: to) regulate the national network of information on Civil protection and National Civil Protection alert network.
(b) approve the basic norm of Civil protection.
(c) approve the General State Civil Protection Plan.
(d) approve the special plans of civil protection field and State competition.
(e) declare an area badly affected by a civil defence emergency.
(f) adopt agreements for international cooperation that corresponds in terms of civil protection.
(g) approve the Protocol of intervention of the unit military emergencies and, where appropriate, the other means of the State that can be used for civil protection.
(h) any other which attributed this law and the rest of the legal system.
Article 34. Powers of the Minister of the Interior.
1. to the Minister of the Interior you corresponds promote, coordinate and develop it political of the Government in matters of protection civil.
(2. are powers of the Minister of the Interior: to) develop the standards of performance that in matter of protection civil approve the Government.
(b) develop the standard basic of protection Civil, the Plan State General and them plans special of protection Civil of field and competition State, and raise them to the Government for their approval, as well as propose to the Council of safety national it approval of the strategy national of protection Civil.
(c) declare it emergency of interest national and its completion, as well as assume the functions of direction and coordination that you correspond in this situation.
(d) propose to the Government, together with the Minister of Hacienda and administrations public and, in its case, of them holders of them other ministries concerned, the Declaration of area affected badly by an emergency of protection civil.
(e) to exercise the upper direction, coordination and inspection of the actions and the means of implementation of the State civil protection plans.
(f) have, in General, the intervention of the forces and the State security bodies and request of the holder of the Ministry of defence the collaboration of the armed forces.
(g) chairing the National Council for Civil protection.
(h) make the offer of contribution of intervention teams in emergencies within the framework of the European Union Civil protection mechanism.
(i) agree on mobilization resources national system of Civil protection to disasters in third countries to cooperate and coordinate the action of aid teams, as laid down in article 42.
j) impose the penalties for serious infringements provided for in Title VI.
(k) the others that you are assigned by this law and by the rest of the ordering legal.
Article 35. Responsibilities of other departments, agencies, and entities of the State public sector.
Them remaining ministries, agencies public and others entities of the sector public State will participate in the exercise of the activities of protection civil, in the field of their respective competencies and of conformity with what set the normative existing and them plans of protection civil. The Minister of the Interior shall determine and the competent authority of the Department or corresponding agency will order the intervention of these State media.
Article 36. Powers of the delegates of the Government.
Them delegates of the Government, low them instructions of the Ministry of the Interior, coordinate them performances in matter of protection civil of them bodies and services of the Administration General of the State of their respective areas territorial, in cooperation to his time with them organs competent in matter of protection civil of them corresponding communities autonomous and entities local.
Article 37. The forces armed. The military unit of emergencies.
1. the cooperation of the armed forces in the field of civil protection will be made mainly through the emergency military unit, without prejudice to the collaboration of other units which are needed, in accordance with provisions in their specific legislation, this Act and the regulations.
2. the unit emergency military mission is to intervene anywhere in the country to contribute to the security and well-being of citizens, in order to meet their own objectives of Civil protection in the event that its gravity is deemed necessary, together with the institutions of the State and public authorities, in accordance with the organic law 5/2005 , of, 17 of November, of the defence national, in this law and in the rest of the rules applicable.
3. the intervention of the military unit of emergencies, assessed the circumstances, will be asked by the Minister of the Interior and will be ordered by the head of the Ministry of defence. Regulations will establish the regime of their interventions.
4. it unit military of emergency, in case of emergency of interest national, will assume it address operational of the same, acting under the address of the Minister of the Interior.
Article 38. Participation of the forces and bodies of security of the State.
1. them forces and bodies of security of the State will collaborate in them actions of protection civil, of conformity with it established in the law organic 2 / 1986, of 13 of March, of forces and bodies of security, and in this law and in the regulations of development.
2. schemes of civil protection, within the scope of its competence, may assign functions to forces and State security bodies, without attributing them to concrete units.
TITLE V cooperation and coordination article 39. National Council for Civil protection.
1. the National Council for Civil protection is the organ of cooperation in this area of the General Administration of the State, the administrations of the autonomous communities of the cities with statute of autonomy and the Local Administration, represented by the Spanish Federation of municipalities and provinces, as an Association of local authorities of State level with greater implementation. It aims to contribute to an effective, coherent and coordinated action of the competent administrations with emergencies.
2 they form part of the National Council, the Minister of the Interior, who chairs it, the holders of the various ministerial departments, representatives of the autonomous communities and cities with statute of autonomy competent in the field of civil protection, appointed by them, are determined by the Government, and the person, with the representative authority, designated by the Spanish Federation of municipalities and provinces.
The National Council works in plenary and in the Standing Committee. Will correspond, in all case, to the full approve them lines basic of it strategy of the system national of protection Civil, as well as exercise the other functions that determine the regulation internal of the Council national.
3. the National Council shall adopt its rules of procedure, which shall regulate its organization and operation.
4. the National Council will have the character of Spanish Committee of the international strategy for the reduction of disasters of the United Nations.
Article 40. Territorial organs of participation and coordination in the field of civil protection.
According to what provided the autonomic regulation, in the territorial organs of participation and coordination in the field of civil protection may participate representatives of the General State administration.
Article 41. Contribution to the mechanism of protection Civil of the Union European.
1. the Ministry of the Interior, as point of Spanish contact of the Civil protection mechanism of the Union European, both in what it affects prevention activities, as in terms of preparedness and response to disasters that are developed in the framework of this mechanism, will act, when appropriate, in coordination with the departments of the General Administration of the State affected , as well as with the autonomous communities.
2. the Ministry of the Interior will ensure the necessary coherence of Spanish participation in the EU Civil protection mechanism and maintain appropriate cooperation with the European information and Control Centre. It will continue acting as the contact point of the common system of information and communication of emergencies of the mechanism. By law the regime of Spanish civil protection modules that are available on the basis of the mechanism will be established.
Article 42. International cooperation.
He Ministry of the Interior shall seek and will mobilize them resources of the system national for prevent and face situations of disasters in third countries, when is from under them treated international and conventions bilateral subscribed by Spain, or when the Government it agreed to proposed of them Ministers of affairs foreign and of cooperation and of the Interior, and of those others departments whose skills , in his case, may be affected.
TITLE VI regime sanctions article 43. Exercise of the authority sanctioning by the Administration General of the State.
Them organs competent of the Administration General of the State will exert the authority sanctioning, in accordance with it planned in this title, when them behaviors allegedly constituent of infringement is made with occasion of emergency declared of interest national or of the execution of plans of protection civil whose address and management corresponds to that.
Article 44. Subject responsible.
The responsibility by the offences committed will fall directly in the author of the made in that consist the infringement.
Article 45. Infractions.
1. are administrative violations in the field of civil protection actions and omissions classified under this law.
2. the offences are classified as very serious, major and minor.
3 constitute very serious breaches: a) the breach of the obligations arising from the civil protection plans, where it involves a special endangerment or significance to the safety of persons or property.
(b) in declared emergencies, failure to comply with orders, prohibitions, instructions or requirements made by the owners of the relevant bodies or members of services intervention and assistance, as well as the duties of collaboration services for surveillance and protection of public enterprises or privadas¸ where it involves a special endangerment or significance to the safety of persons or property.
(c) failure to comply with the duties provided for in article 7 of this law bis.7, where it involves a special endangerment or significance to the safety of persons or property.
(d) the Commission of a second serious infringement within the period of one year.
4 constitute serious offences: a) the breach of the obligations arising from the civil protection plans, when it does not pose a special danger or significance to the safety of persons or property.
(b) in declared emergencies, failure to comply with orders, prohibitions, instructions or requirements made by the owners of the relevant bodies or members of services intervention and assistance, as well as the duties of collaboration services for surveillance and protection of public or private companies, when it does not pose a special danger or significance to the safety of persons or property.
(c) failure to comply with the obligations laid down in article 7 bis.7, when it does not pose a special danger or significance to the safety of persons or property.
(d) failure to comply with the obligations laid down in article 7 bis. 8, when you assume a special significance to the safety of persons or property.
(e) the Commission of a third offence mild in the term of a year.
5. constitute infractions minor:
(a) failure to comply with the obligations laid down in article 7 bis.8, when it results in a special significance to the safety of persons or property.
(b) any other non-compliance to this law that not constitute violation serious or very serious.
Article 46. Sanctions.
1. the offences very serious is will sanctioned with fine of 30.001 to 600,000 euros.
2. serious violations will be sanctioned with fine of 1501 to 30,000 euros.
3. the offences mild is will sanctioned with fine of up to 1,500 euros.
Article 47. Graduation.
The application of the sanctions provided for in this law will be held in accordance with the provisions of article 131 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and its development provisions.
Article 48. Competition for the exercise of the powers to impose penalties.
They will be competent for the resolution of the proceedings: to) the head of the Government delegation in the case of minor offences.
(b) the holder of the direction General of protection Civil and emergency when is concerned of violations serious.
(c) the holder of the Ministry of the Interior in the case of very serious offences.
Article 49. Sanctioning procedure.
1. the exercise of the authority sanctioning in matter of protection civil is governed by the title IX of the law 30 / 1992, of 26 of November, and their provisions of development, without prejudice of the specialties that is regulate in this title.
2. the deadline for the resolution of the proceedings for serious and very serious infringements will be six months, and three months for procedures for minor offences.
Article 50. Measures provisional.
1. exceptionally, in the event of imminent threat to persons or property, the provisional measures provided for in paragraph 2 of this article may be adopted by the competent authorities in the field of civil protection prior to the initiation of the procedure, and must be ratified, modified or revoked at the agreement of initiation within a maximum period of fifteen days. In any case, these measures shall be without effect if, within such period, not instituting the procedure or the initiation agreement does not contain an express statement about them.
2. started a procedure sanctioning, the organ competent for his initiation may, in any time, adopt them measures of character provisional that ensure the efficiency of it resolution end that could fall and which avoid the maintenance or the aggravation of them effects of the infringement imputed. These measures will be provided to the nature and gravity of the infringement and may particularly consist in: to) the deposit for safekeeping of instruments or effects used for the Commission of offences and, in particular, objects or hazardous materials.
(b) the adoption of measures of security of people, goods, facilities or installations that are threatened, in charge of its holders.
(c) the suspension or preventive closing of factories, premises or establishments.
(d) the partial or total suspension of activities in establishments which are notoriously vulnerable and have no operational plans of self-protection or safety measures.
Provision additional first. Volunteering in the field of civil protection and collaborating entities.
1. the public authorities shall promote participation and proper training of volunteers in support of the national system of Civil protection, without prejudice to the general duty of cooperation of all citizens.
2. the activities of volunteers in the field of civil protection will be provided in accordance with the legal regime and the values and principles that inspire the voluntary action set out in the own voluntary rules, and in accordance with the guidelines of the entities and public organizations that develop.
3. the Cross Red and others entities between whose purposes are them related with the protection civil will contribute with their effective and media to the tasks of the same.
First additional provision bis. Cross Red Spanish and other entities collaborating.
1 cruz Roja Española, as Assistant of public authorities in the humanitarian and social activities driven by them, has the consideration of collaborating in the national system of Civil protection and you can contribute with its resources to the actions of this one, in his case, through the signing of agreements. Civil protection plans referred to in article 14 shall include, where appropriate, actions that can perform this entity.
2. other entities whose purposes included those related to civil protection can contribute with its resources to the tasks of this.
Provision additional second. National security, national defence and critical infrastructure systems and derivatives of international treaties.
The provisions of this law is understood notwithstanding what set the regulations for national security, national defence and critical infrastructure systems and derivatives of international treaties signed by Spain.
Third additional provision. Medal to the merit of protection civil.
1. with the medal to the merit of civil protection be distinguished persons, natural or legal, who Excel by their activities in the civil protection.
2. regulations shall be established the types and categories of medals which may be granted in the General Administration of the State and the regime for its award, which in any case will lead to financial compensation.
Fourth additional provision. Helps for situations not declared as an area badly affected by a civil defence emergency.
The regulations state subsidy arising from emergencies or catastrophic nature shall apply to aid arising from situations in which there has been the Declaration of affected area badly by a civil defence emergency, as well as by article 22 injury and material damage aid contained in article 21 and in paragraphs to) (((, b) c)) and (d) of paragraph 1 of article 24. In the processing of these grants shall apply the provisions of paragraph 4 of article 21 of this law.
Fifth additional provision. Unit prices to determine the cost of services rendered.
For their possible application to the cooperation agreements which have been agreed between public administrations, as well as to cover the costs of the intervention of the public services in emergency situations, the National Civil Protection Council may approve a list of unit prices for material and human resources that can serve as a reference to determine the cost of the services provided.
Sixth additional provision. Plans and programmes with sectoral regulation.
Ministerial departments having the entry into force of this Act assigned planning and programs to specific situations of collective risk that security or the lives of the people to danger, will establish mechanisms of collaboration with competent public administrations in the field of civil protection to ensure the coherence of the national system of Civil protection.
Seventh additional provision. No increase in public spending.
The measures included in this law may not assume increase allocations, remuneration, or other staff costs.
The support of the national system of Civil protection within the scope of the powers of the General Administration of the State will be held in accordance with provisions involving annually is the effect in the General State budget, in accordance with the principles and objectives of budgetary stability and financial sustainability.
Provision additional octave. Adaptation policy.
The provisions of the present law will have in has it established in the Law 26 / 2011, of 1 of August, of adaptation normative to the Convention International on them rights of them people with disability.
Provision additional ninth. Competition sanctioning in the field city.
The mayors will be competent for the resolution of them procedures sanctioning in the field of protection civil in accordance with it planned in the legislation specific that les is applicable.
Provision additional tenth.
Them aid planned in this law not will have it consideration of income computable for the purposes of the concession and maintenance of the right, and in his case, of it amount of them Inns of retirement e invalidity of it security Social in its mode not contributory.
Sole transitional provision. Plans of protection civil force.
The existing civil protection plans to the entry into force of this law will continue to apply until they are replaced by those who are prepared and approved in accordance with the same.
Sole repeal provision. Repeal legislation.
Law 2/1985, of 21 January, civil protection, as well as the other rules of equal or lower rank is repealed insofar as they contradict or oppose the provisions of this law.
First final provision. Skill-related title.
This law is issued under cover of the provisions of article 149.1.29. ª of the Constitution, which attributes to the State the exclusive competence in matters of public security.
Available to finish second. Enabling the regulatory development.
1. is enabled to the Government to dictate the provisions necessary for the development and application of it established in this law.
2. the development of employment measures and Social security provided for in article 24 will be by order of the Minister of employment and Social Security.
Third final provision. Update on the amount of fines.
It empowers the Government to update the amount of fines, in accordance with the variations of the public multiple effect income indicator.
Available to finish fourth. Entry into force.
The present law shall enter in force to them six months of their publication in the «Bulletin official of the State».
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
Madrid, 9 July 2015.
The President of the Government, MARIANO RAJOY BREY
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