Companies handling hazardous substances must align emergency protocols with new guidelines

The Spanish Council of Ministers has approved the Basic Guideline for Civil Protection Planning regarding the risk of serious accidents involving hazardous substances (Orden INT/1070/2026). This new regulatory instrument, published in the BOE, establishes the minimum criteria and mandatory actions for the development of special civil protection plans to manage risks arising from chemical, biological, nuclear, or radioactive accidents, as stipulated in art. 15.3 of Law 17/2015.

What changes

The primary shift introduced by this Order is the standardization of technical criteria for emergency management across different levels of Public Administration. Previously, coordination relied on a different framework, but the new guideline provides a unified technical standard for identifying and managing risks. Specifically, the regulation introduces precise technical parameters for the delimitation of affected areas resulting from different types of phenomena:

• Thermal phenomena: The guideline establishes how to manage risks from rapid, non-explosive oxidation of combustible substances, focusing on radiation, convection, and conduction to mitigate heat-related damage (Annex).
• Chemical phenomena: It sets the framework for managing toxic clouds and environmental contamination resulting from uncontrolled leaks or spills of substances listed in RD 840/2015. The guideline emphasizes that the delimitation of affected zones must now account for terrain orography, toxin concentration, and exposure time.
• Mechanical and pressure effects: The document details the management of pressure waves, including primary, secondary, and tertiary effects (such as the movement of living beings due to pressure displacement).

Furthermore, the guideline ensures that the content and elaboration criteria for special protection plans are homogeneous, preventing discrepancies between different regional or local administrations when multiple authorities must intervene in a single emergency (art. 3 RD 524/2023).

Context

This regulation is part of a broader modernization of the National Civil Protection System. For years, the management of hazardous substance accidents was governed by Real Decreto 1196/2003. However, following the approval of the Basic Norm for Civil Protection via Real Decreto 524/2023, a transition period was established to replace older instruments with more robust, coordinated planning tools.

The new guideline integrates the requirements of Law 17/2015 (National Civil Protection System) and the administrative coordination principles set out in RD 524/2023. By approving this through an Agreement of the Council of Ministers, the government ensures that the technical standards for emergency response are not merely suggestions but mandatory benchmarks for all relevant public and private stakeholders involved in high-risk activities.

Who is affected and how

The impact of this regulation depends on the nature of the activity and the substances handled. While the direct implementation of the planning is an administrative task, the operational burden falls on the entities managing the risks.

Large Corporations and Industrial Plants

This group is the most directly impacted. Any facility or industrial process that utilizes or stores chemical, biological, nuclear, or radioactive substances is subject to the requirements of art. 15.3 of Law 17/2015. These entities must ensure that their internal emergency protocols and their coordination with public authorities are strictly aligned with the new technical standards for zone delimitation and risk assessment. Failure to align these plans could lead to administrative complications during inspections or emergency response coordination.

SMEs (Small and Medium Enterprises)

SMEs that operate within sectors involving hazardous substances (as defined in RD 840/2015) must undergo a technical review of their current emergency plans. Although they may not manage large-scale nuclear facilities, any business subject to the creation of special civil protection plans must adapt to the new criteria for managing toxic clouds or thermal risks. Business Owners and Freelancers Must Adjust Planning for the Updated 2026 Genera to ensure their operational continuity and legal compliance.

Freelancers and Self-Employed (Autónomos)

Freelancers involved in specialized activities that carry a risk of serious accidents due to hazardous substances are also within the scope of art. 15.3 of Law 17/2015. While the scale of their operations may be smaller, the legal obligation to participate in or comply with the established civil protection planning remains. They must verify if their specific activity triggers the requirement for a special protection plan.

What to do and when

The regulation enters into force on the day following its publication in the BOE. Because this Order replaces the previous framework (RD 1196/2003), the transition is immediate.

• Immediate Action: Entities managing hazardous substances should initiate a technical audit of their existing Special Protection Plans.
• Alignment: Ensure that the criteria for defining "affected zones" (thermal, chemical, and mechanical) match the technical descriptions provided in the Annex of Orden INT/1070/2026.
• Coordination: Review the coordination protocols with local and regional administrations to ensure they comply with the homogeneity requirements of RD 524/2023.

We recommend consulting with the specialized legal and technical departments at BMC to evaluate the specific implications for your facility's emergency protocols and to ensure full compliance with the updated national standards.