Royal Decree 1628/2009 of 30 October amends Articles 81 and 86 of the Private Security Regulation, approved by Royal Decree 2364/1994 of 9 December 1994, and Articles 6 and 124 of the Arms Regulations, adopted by Royal Decree 137/1993 of 29 January 1993 to enable the provision of safety on board Spanish flag vessels, which are outside our territorial waters and in situations of particular risk to persons and property, to be provided by the personnel of the security companies, by using the appropriate weapons for effectively comply with the protection and prevention tasks.

The first article of the royal decree adds, within the meaning of Article 81.1.c) of the Private Security Regulation, a new paragraph 9 that allows the provision of security services with weapons on merchant and fishing vessels that sail under Spanish flag, in waters where there is a serious risk to the safety of persons or property, or both. The royal decree also amends Article 86 of the said Regulation by introducing a new paragraph 4, which states that private security guards, in exceptional cases, may carry and use weapons of war to ensure the protection of persons and property referred to in Article 81, with the characteristics and conditions and requirements to be determined jointly by the Ministries of Defence and the Interior.

These conditions and requirements are contained in Order PRE/2914/2009 of 30 October, which develops the provisions of Royal Decree 1628/2009 of 30 October amending certain provisions of the Regulation of Private security, approved by Royal Decree 2364/1994 of 9 December 1994 and of the Arms Regulations, approved by Royal Decree 137/1993 of 29 January.

Article 4 (4) of the order of 30 October 2009 provides for the authorisation procedure for this type of safety service, which is initiated at the request of the shipowning undertaking, indicating, inter alia, the security undertaking in charge of the provision of the service on board which, in accordance with the third and tenth paragraphs, must have security guards duly authorised and trained in the handling of weapons of war and who are in possession of the relevant licence, all of which require a specific training, the which is carried out by the approved centres for the training of private security personnel, referred to in Article 56.2 of Royal Decree 2364/1994 of 9 December 1994.

On the other hand, the tenth section of Order PRE/2914/2009, of October 30, states that the Ministry of Defense and the Ministry of the Interior will be able to collaborate with the centers to impart this training.

The Ministry of Defense has facilities in Madrid to carry out the practices with the authorized weapons for these services at the Instituto Tecnológico "La Maranosa" (ITM), in the municipality of San Martín de la Vega, which, in accordance with the third paragraph of Order DEF/3537/2006 of 13 November, establishing the "La Maranosa" Institute of Technology, has among its functions " to support technically as soon as it is ordered and under the conditions which it has establish, to the other ministries and other public and private organizations. "

To articulate the collaboration between the Ministry of Defense with the aforementioned training centers for the training of private security guards belonging to the companies authorized to provide the service, and cooperate with the aforementioned security companies in the logistic support to the transport of the weapons, ammunition, spare parts and other essential material for the delivery of these security services, guaranteeing the maximum possible level of security in the development of the work of merchant and fishing vessels sailing under Spanish flag, it becomes necessary to adopt this ministerial order.

In its virtue, I have:

Single item. Approval of rules.

The Standards for the collaboration of the Ministry of Defense are approved in the training of private security guards responsible for the provision of the security service on ships sailing under the Spanish flag and for the logistic support in the transport of the essential material used in its service, which are inserted below.

Final disposition first. Powers of development.

The Secretary of State for Defense, the Director General of Armament and Material, the Secretary General of Defense Policy, and the Director General of Defense Policy are empowered to adopt, in the field of their respective powers, the necessary measures for the development and implementation of this ministerial order.

Final disposition second. Entry into force.

This ministerial order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, March 2, 2011. -Minister of Defense, Carme Chacón Piqueras.

STANDARDS FOR THE COLLABORATION OF THE MINISTRY OF DEFENSE IN THE TRAINING OF PRIVATE SECURITY GUARDS RESPONSIBLE FOR THE PROVISION OF THE SECURITY SERVICE ON SHIPS SAILING UNDER SPANISH FLAG AND FOR LOGISTICAL SUPPORT IN THE TRANSPORT OF THE ESSENTIAL MATERIAL USED IN ITS SERVICE

First. Purpose.

1. The aim of these rules is to cooperate with the Ministry of Defence in the training of private security guards responsible for the provision of security services with weapons of war on merchant and fishing vessels sailing under Spanish flag in waters where there is a serious risk to the safety of persons or property, or both, provided for in paragraph 10 of Order PRE/2914/2009 of 30 October, which develops the provisions of Royal Decree 1628/2009, COUNCIL COUNCIL of 30 October amending certain provisions of the Regulation on private security, approved by Royal Decree 2364/1994 of 9 December 1994 and of the Arms Regulations, approved by Royal Decree 137/1993 of 29 January.

When security companies are the ones that, with the proper authorization of the Ministry of Interior to operate as a center, train their staff, they will have the consideration of a training center.

2. In addition, these rules are intended to regulate the collaboration of the Ministry of Defense in the logistical support to the aforementioned security companies for the transport to the area where they operate from the weapons, ammunition, spare parts and other material employees in the security services.

Second. Practices for the training of private security guards.

1. In compliance with the provisions of paragraphs 2 and 4 of Order PRE/2914/2009 of 30 October 2009, the content of these rules shall be applicable to the conduct of training by the staff of the approved undertakings, and with the weapons described in this standard, in the facilities of the Technological Institute "La Maranosa" (ITM), which will be put, by the Ministry of Defense, through the General Directorate of Armament and Material, at the disposal of the centers training, in the terms set out in these rules, ensuring their compatibility and without prejudice to priority attention to the Institute's own activities.

2. The personnel of the Ministry of Defence shall ensure the strict compliance with the Safety Standards of the shooting and internal arrangements as well as the plans referred to in the third standard.

The Ministry of Defense will carry out the checks it deems necessary on the personnel who carry out the practices to avoid risks to the security of the facilities or personnel of the Ministry of Defense. establish restrictions on access to ITM facilities, attended to concurrent circumstances.

Third. Procedure.

1. The use of the facilities of the ITM for the performance of the practices will require the prior authorization by the General Directorate of Armament and Material, in which the specific conditions of such use will be established and, if necessary, the Economic performance to be met by training centres.

2. The application shall be made by the training centre which has been authorised in accordance with Article 56.2 of Royal Decree 2364/1994 of 9 December 1994 and for the staff referred to in that provision, at least one month in advance of the start of the the practices, and shall be addressed to the General Directorate of Armament and Material, and shall include:

a) The detailed needs of the center.

b) The nominative relationship of security guards who will perform the practices.

c) A proposal for the start and end dates of the aforementioned practices and the schedules in which they will be carried out.

d) Armament and ammunition to be provided for its realization, with indication of whether the use of weapons of Defense Ministry property is required.

e) The designation of a security officer, who must have security clearance from the Ministry of Defense, a technical officer responsible for the practices, and a single interlocutor with the ITM Directorate.

3. This application shall be accompanied by the following documents:

a) Plan for the Prevention of Occupational Risks of Practices, in which specifically the health support will be stated, which in any case will be of account of the security company, and will include medical personnel and ambulance, which must be present during the exercise of the practices, as well as the activities or tasks to be performed and the safety measures for persons and facilities

b) Test Security Plan and Detailed Test Plan.

4. The Ministry of Defence may, in a reasoned manner, refuse to authorize the use of weapons of war for individual cases.

Fourth. Training costs-All costs relating to the training of private security guards shall be borne by the applicant training centres.

Fifth. Regime of responsibilities.

1. Once the use of the ITM facilities for the training of private security guards has been authorised, the staff of the training centre and the staff in the training period must comply with the rules of safety and internal rules, in any case of the conditions of surveillance and security during their stay in such facilities.

2. The Ministry of Defense and all personnel at its service shall be exempt from any liability arising from damages directly or indirectly caused by actions or omissions of the staff of the training centre and the staff in the period training during the performance of the activities that are the subject of this clause.

3. The centre or the security undertaking shall be required to establish insurance, for the amount to be determined in the relevant authorisation, covering the civil liability, or any other type arising from the training activities, as well as the damage that such activities might cause.

4. The training centre or the security firm shall be responsible in any case for the deterioration which the armaments owned by the Ministry of Defence may suffer and which are the result of misuse, neglect or negligence on the part of its personnel or of the staff in training, all without prejudice to the other responsibilities to which it has taken place.

Sixth. Weapons, ammunition and custody of weapons.

1. The weapons used may be owned by the private security company, in the terms contained in Royal Decree 137/1993 of 29 January, which approves the Arms Regulations, and other applicable regulations, or property of the Ministry of Defense.

2. In the event that the use of armaments owned by the Ministry of Defense is authorized, the delivery and collection of weapons will be carried out following a delivery procedure, specific to this situation, that determines and specifies the checks mandatory and necessary techniques to be completed with the status of the utility in which the weapon is at the time of delivery.

3. In the event of the need for the execution of shooting exercises, the acquisition of the ammunition and its transfer to the premises of the ITM will be the responsibility of the training center or the private security company, and must be carried out in the the terms set out in the ninth paragraph of Order PRE/2914/2009 of 30 October 2009. If the deposit of such ammunition is necessary on the premises of the ITM, it shall be performed in accordance with the available capacities at that time.

4. Likewise, the deposit and custody of the company's proprietary weaponry in the ITM facility, if necessary, will be made in accordance with the available capabilities.

Seventh. Logistical support for the transport to or from the area where the merchant and fishing vessels of the weapons, ammunition, spare parts and other essential material for their use in such security services operate.

1. The Directorate-General for Defence Policy shall, at the request of the security undertaking, manage the contribution of means of transport.

This request will be addressed to the General Directorate of Defense Policy, specifying the detailed request for the logistical support required, with at least forty days prior to the delivery of such support or twenty days of in advance of the expected date of availability of the armaments.

The security company must accompany such a request, copy of the Authorized Transfer License for the temporary export of the armament and other defense material subject to control, as provided for in the Regulation for the control of foreign trade in defence equipment, other material and dual-use products and technologies, approved by Royal Decree 2061/2008 of 12 December 2008.

2. Military means and, within these, the scheduled air means at the service of the transport of material for the Armed Forces shall be used, with preferential character, except for exceptional cases requiring the use of military equipment. specific air or naval means for the transport of this material to the area.

3. The notification of the feasibility of the requested logistical support shall contain the specifications necessary for access to the facilities from which the transport will be carried out, the preparation of the load and its safety and security conditions; and other formalities to be performed by the security firm.

4. The costs relating to the transport of the material to or from the area in the exceptional cases referred to in paragraph 2 shall be satisfied by the applicant security undertaking.

Transportation within the Ministry of Defense's ordinary logistic channels for the transportation of material for the Armed Forces may be free.