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Royal Decree 194/2010 Of 26 February, Laying Down The Rules On Security In The Armed Forces.

Original Language Title: Real Decreto 194/2010, de 26 de febrero, por el que se aprueban las Normas sobre seguridad en las Fuerzas Armadas.

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TEXT

Security in the Armed Forces is an inherent aspect of its missions and therefore present throughout its history. Its members pay permanent attention to ensuring the integrity of personnel, facilities, ships, aircraft, armaments, equipment and documentation, as well as the reservation in telecommunications and information.

The security aspects of the Armed Forces ' facilities, and in particular those related to security guards and the actions of the military, naval or air police, were specifically regulated in the Royal Land Army Ordinance approved by Royal Decree 2945/1983 of 9 November in the Royal Navy Ordinance approved by Royal Decree 1024/1984 of 23 May, and in the Royal Air Force Ordinances approved by Royal Decree 494/1984 of 22 February.

In this context, it is important to note, because of its importance, the action of the sentinel, whose obligations were established in some articles of Law 85/1978, of December 28, of Royal Ordinance for the Armed Forces, whose rank It has been appropriate to that of royal decree, as established in the transitional provision twelfth of Law 39/2007, of 19 November, of the military career, henceforth Law of the military career.

This Law of the Military Race, collecting the mandate of Article 20 of the Organic Law 5/2005, of 17 November, of the National Defense, has established the essential rules that define the behavior of the military, which have They were developed by Royal Decree 96/2009 of 6 February, which approved the Royal Ordinance for the Armed Forces. This last provision maintains with the royal rank decree the articles of the old Royal Ordinance related to security, until a new regulation is made.

Therefore, in order to give continuity to the previous process, it is necessary and opportune to approve by royal decree some norms that collect the basic precepts regarding the security of the units in the Armed Forces as a whole, the safety-related security, the specific operations, exercises and manoeuvres, as well as the aircraft safety, and the safety and risk prevention in the professional exercise are excluded.

It also contains this royal decree the treatment of the military, naval and air police to update their regulation which, as has been pointed out, was included in the corresponding treaties on security in the Royal Ordinances of the Army of the Earth, the Navy, and the Army of the Air.

Consequently, the approved rules are distributed in four chapters. Chapter I expresses its purpose, scope and other general concepts of security, understood as a set of measures aimed at preventing and neutralizing threats to the integrity and availability of the personnel as well as the activity and resources of the units. It also refers to the responsibility of the head of unit in the field of security, as well as to the necessary training and preparation that must be given to the members of the Armed Forces to enable them, to the extent necessary, for their action in that matter.

Chapter II sets out the generalities and responsibilities for the security plan of a unit, specifying the most important aspects to be contained in the document to be drawn up, which should include, where appropriate, the means of private security. It also empowers the Chief of Defense Staff, the Assistant Secretary of Defense, and the Chiefs of Staff of the Army of the Earth, the Navy, and the Air Force to determine the general criteria for drawing up the security in the field of their respective competences.

Chapter III deals with security guards and their components. It collects traditional aspects of the organization of security guards and maintains the figure of the sentinel restricting its existence to places where the degree of safety must be maximum. On the other hand, it generalizes the figure of the vigilante, of a military nature, as an increasingly common element in the security guards.

Chapter IV refers to the performance and character of the military, naval or air police and their tasks are related. Likewise, in accordance with the provisions of the additional provision of the Law of the Military Career, the character of the agent of the authority in the performance of his duties is revealed.

To complete the treatment of the agent character of the authority of the members of the Armed Forces, an additional first provision is included in the development of the third provision of the Law of the Race military, setting out the circumstances and conditions in which they will have the said character.

Because of its connection with security, an additional second provision is included in which various aspects are established about the identity card of the military to be able to update this rule that also came from the Law of Real Ordinances for the Armed Forces.

The rules that this royal decree approves may be used in the security of the Civil Guard units, given the military nature of the Armed Institute, as far as they are applicable according to the provisions of its own rules.

For all this, this royal decree and the rules it approves come, on the one hand, to update the articles of the Royal Ordinance that on security still remained in force and, on the other, to develop regulations expressed in the additional provision of the Law of the Military Race.

In its virtue, on the proposal of the Minister of Defense, in agreement with the Council of State, and after deliberation of the Council of Ministers at its meeting of the day of February 26, 2010,

DISPONGO:

Single item. Approval.

The Rules on Security in the Armed Forces are approved, the text of which is inserted below.

Additional disposition first. Circumstances and conditions of action of members of the Armed Forces as agents of the authority.

1. Members of the Armed Forces shall have the status of officers of the authority in the performance of their duties when they are involved in the Military Emergency Unit, under command or operational control thereof, or in other units of the Armed Forces. Armed forces, in the operations described in article 16.e) of the Organic Law 5/2005, of 17 November, of the National Defense, in the following circumstances:

a) In situations of serious risk, catastrophe, calamity in situations:

1. Having their origin in natural hazards, including floods, floods, earthquakes, landslides, heavy snow and other large adverse weather events.

2. ยบ That are the result of forest fires.

3. No derivatives of technological risks, including chemical, nuclear, radiological and biological risks.

(b) In the case of other public needs in interventions in support of the State Security Forces and Corps in surveillance and protection operations or as a result of terrorist attacks or other acts illegal and violent. These interventions will be produced in terms determined by the Government.

2. In their performance they must meet the following conditions:

a) You must mediate a decision-making order taken by the competent authority to do so.

(b) They shall have adequate training and preparation, which shall be taught in military education and instruction and training, in order to be aware of their obligations and rights.

c) They will carry an easily visible identification on the uniform that accredits them as agents of the authority.

3. Members of the Armed Forces who provide their services as a military, naval or air police force shall also have such status as agents of the authority in the exercise of their duties, in accordance with the provisions of Chapter IV of the Rules of Procedure. on security in the Armed Forces, which approves this royal decree.

4. The members of the vessels of the Navy shall have the status of agents of the authority in the exercise of functions of maritime surveillance and security attributed legally or by international conventions signed by Spain, which carry out without prejudice to those assigned to the members of the State Security Forces and Bodies and to the members of the public bodies with functions of maritime surveillance in the exercise of their powers.

Additional provision second. Identity card.

1. The military officer will be provided with the necessary means of identification so that he can be recognized and accredit his condition. Such effects will be provided with an identity card.

2. The means of identification will also be established so that civilian personnel related to the Armed Forces can access military facilities.

3. By order of the Minister of Defense the means of identification referred to in this royal decree and rules that he approves will be determined.

Single repeal provision. Regulatory repeal.

1. Articles 59 to 64 and 189 of Law 85/1978, of 28 December, of Royal Ordinance for the Armed Forces, which maintained the rank of royal decree according to the transitional provision of Law 39/2007, 19 of 19, are repealed. November, the military race, as well as Article 187 and the 326 to 414 of the Royal Land Army Ordinance approved by Royal Decree 2945/1983 of 9 November, Articles 501 to 586 of the Royal Armed Ordinance of the Navy by Royal Decree 1024/1984, of 23 May, and Article 213 and 365 to 452 of the Royal Air Force Ordinance approved by Royal Decree 494/1984 of 22 February.

2. Likewise, all provisions of equal or lower rank are repealed in what they contradict or object to the precept in this royal decree.

Final disposition first. Competence title.

This royal decree is issued under the provisions of Article 149.1.4. of the Constitution, which attributes exclusive competence to the State on Defense and Armed Forces.

Final disposition second. Powers of development.

The Minister of Defense is empowered to dictate how many provisions are necessary for the development of this royal decree and standards he approves.

Final disposition third. Entry into force.

This royal decree will enter into force on May 1, 2010.

Given in Madrid, on February 26, 2010.

JOHN CARLOS R.

The Minister of Defense,

CARME CHACON PIQUERAS

RULES ON SECURITY IN THE ARMED FORCES

CHAPTER I

General provisions

Article 1. Object.

These rules aim to formulate the basic precepts concerning the security to be established and guaranteed by the units of the Armed Forces in the place where they are located, as well as to determine the performance of the military, naval or air police.

Article 2. Definitions.

1. Security in the Armed Forces, for the purposes of these rules, is defined as a set of measures aimed at preventing and neutralizing threats to the integrity and availability of personnel as well as the activities and resources of the units.

2. In these rules the term "unit" is used with a generic character, and it must be understood that it can refer to both a military unit or a ship and, where appropriate, a centre or body, such as a base, an aquartelment or an establishment. For its part, the term "boss" includes the names of the head, commander or director, referring to who exercises the command or direction of a unit.

Article 3. Scope of application.

1. These rules apply to the units of the Armed Forces, including the military units not in the Army of the Earth, the Navy, or the Air Force.

2. The central and peripheral organs of the Ministry of Defense shall be governed by the rules or security plans of implementation in the General Administration of the State and, when they establish security guards of a military nature, by these standards.

3. The safety of the units resulting from the development of operations, exercises and manoeuvres is governed by its own rules, which shall be based on these rules, in those which are established for each operation and in the mandates of the organisation, host nation or international coalition responsible for the same.

4. Safety related to information as well as to aircraft and the safety and risk prevention in the professional exercise are governed by their own rules.

Article 4. Security in the Armed Forces.

1. Security in the Armed Forces affects all its members; consequently, each of them will pay permanent attention to it and will be responsible, at its level, for compliance with the rules and measures that are established to guarantee integrity. personnel, facilities, vessels, aircraft, weapons, equipment and documentation.

2. In the field of security, the members of the Armed Forces will have at all times present the principles and rules of behavior established in the Royal Ordinance for the Armed Forces, approved by Royal Decree 96/2009, 6 of February, especially in its relations with the civilian population.

Article 5. Outer safety zones of the units.

The units will have the necessary external security zones to achieve their proper isolation and immediate defense as well as guarantee the effective use of the available means, in accordance with the regulatory legislation for areas of interest to Defence.

Article 6. Security inside the units.

The units, buildings, dependencies, and compartments of the units will be classified according to the required level of security. The appropriate protection and access control measures shall be established in such a way that personnel, weapons and equipment, documentation and dependencies have the necessary protection against any damage, threat, risk or action. hostile.

Article 7. Responsible for security.

1. The head of the unit shall be responsible for its security and shall, where appropriate, draw up the security plan of the unit, which shall be approved by the higher authority to be determined by the Chief of Defence Staff, the Deputy Secretary of State. Defense and the Chiefs of Staff of the Army of the Earth, the Navy, and the Air Force in the field of their competencies. The head of the unit shall designate a security chief.

2. When a number of units are housed in a base, a barracks or another establishment of the Armed Forces, a security plan shall be drafted for the entire assembly under the responsibility of its head, to which the respective members of the Armed Forces must adapt. units.

Article 8. Training.

The members of the Armed Forces will receive appropriate training and preparation, within military education and training, in order to train them to the extent necessary for their action in the field of education. security.

CHAPTER II

From the security plan

Article 9. Security plan.

1. The security plan of a unit is the document that includes the description of the different security systems, the measures to be taken in each situation and how to implement them. It shall be classified as classified in the reserved category, but for its necessary dissemination some paragraphs may be the subject of a lower classification, in the grades of confidential or limited dissemination, or even not classification.

2. The security plan shall regulate the personal and material means to be used, so that a progressive response to the threat can be given, in accordance with the principles of necessity and proportionality in the use of force.

3. The Chief of Defense Staff, the Assistant Secretary of Defense, and the Chiefs of Staff of the Army of the Earth, the Navy, and the Air Force, in the field of their respective competencies, will establish the general criteria and guidelines. for the preparation of the security plans as well as the procedures for their approval.

Article 10. Content.

1. The security plan of a unit shall fix the deployment of the personnel, the means and systems of protection and surveillance, as well as the procedures and rules of employment.

2. It shall include the protective measures to be taken in each case on the basis of different alert situations. It shall determine the performance of the security guard, determine the powers of the head of security of the unit and the head of the guard and define the relations between them.

3. It shall contain the procedures for action in emergency and evacuation situations.

Article 11. Private security collaboration.

The security plan may include the use of personal or material means of private security in accordance with Law 23/1992, of July 3, of private security and, in this case, will prevent the respective contracts and the content of the corresponding specifications, which must at least specify their control, timetable, tasks, relations and dependence.

Article 12. Release of the security plan.

1. Every head of unit shall abide by the provisions of his own security plan, as well as those which may affect him. You will be responsible for your subordinates knowing the part that affects them about the plans and their exact compliance.

2. It shall take into account the importance of the training of their security subordinates, informing them of the foreseeable risks and threats that may affect them individually, giving the necessary rules for their prevention.

Article 13. The head of the unit's security.

1. The head of security of the unit, as the main advisor of the command in everything related to this matter, will be responsible to its chief of all aspects of the security of his unit. It will support and participate in the study, development and updating of the security plan and will inspect and monitor its implementation.

2. He will collaborate in the study and development of the training and training plans in the part dedicated to security, he will direct the training of the staff that will be used for certain specialized functions of security and will cooperate in his selection.

CHAPTER III

From security guards

Article 14. Security guards.

1. The security guards are committed by members of the Armed Forces, with limited presence and duration, which are established as a weapons service to provide protection for the units, as well as personnel, weapons, and material and documentation, agreement with what is specified in the corresponding security plan. They will also be the ones performing a unit when ordered to do so in certain other facilities.

2. They constitute a deterrent measure for potential intruders and a reaction force to any alarm or emergency signal.

3. Where specific needs exist, a security checkpoint may be set up to support and reinforce the security guard, forming part of the security guard.

4. Security guards shall be supplemented by means of a technical nature, in accordance with technological development.

5. The general rules on the organization and appointment of security guards will be established in accordance with the rules of the internal regime of the Army of the Earth, the Navy and the Air Force, approved by the order of the Minister of Defense. Those rules shall lay down the limitations for the provision of security guards on the basis of military employment criteria, age and compatibility with other guards and services, as well as, where appropriate, the derivatives of the reconciliation measures. applicable, especially those of women's maternity.

Article 15. Character of the security guard components.

1. The components of the security guard shall render their service as military, naval or air police during the execution of the security guard, so they shall bear the visual identification on the uniform that accredits them.

2. The honor guards are considered as security and will be governed, in addition to these standards, by their specific ones even though they will not be required to carry the visual identification on the uniform cited in the previous section.

Article 16. Appointment of staff.

1. The head of the unit shall be given the power to appoint the staff to be held by the guard and the alternate or imaginary staff. Such appointment shall be made public in the unit.

2. The military shall carry out the security guards which in its category and employment may correspond to them in its unit, in the upper unit of its organic chain or, where appropriate, in another of its geographical environment.

3. They shall be excluded from the shifts of the security guards, the members of the common bodies of the Armed Forces, unless they are part of a specific unit of their body.

Article 17. Duration of the security guard.

The duration of the security guard shall be as determined in the security plan as a function of the alert situation, available personnel or any other circumstances that may have influence on the best performance of the security guard. personnel.

Article 18. Magazine and relay from the security guard.

1. With the necessary advance notice, the incoming guard chief will revive his components by checking the state of the weaponry, ammunition, and equipment, making sure everyone knows the general duties of the guard.

2. Likewise at the end of the guard, his boss will spend arms and equipment magazine and fire him.

Article 19. Head of the security guard.

1. The head of the security guard shall be of the most appropriate category and employment, depending on the entity, availability, tasks and type of the unit, in accordance with the rules of the internal regime of the Army of the Earth, the Navy and the Army. of the Air, approved by order of the Minister of Defense, and established in the plan of safety of the units.

2. He shall be responsible for the personnel, arms, ammunition and means at his disposal and shall complete the security plan and the orders received. In case of urgent need, and if the situation demands it, you will be able to take extraordinary measures, giving the command of the one who depends.

3. He will also be responsible for the relay, magazine and organization of the guard according to the plan of security. It shall be part of the relay to which the guard is dependent.

Article 20. Auxiliaries of the head of the security guard.

When the guard entity advises you, and to assist your boss, you may appoint personnel with the appropriate employment and denomination.

Article 21. Cape on guard.

1. The duty officer shall be of the most appropriate category of troops and seafarers, in accordance with the provisions of the internal system of the unit.

2. It shall be among its particular tasks to check that the staff in charge of the staff are aware of the orders and instructions and are equipped and willing to be able to intervene at any time.

3. It shall inspect the posts in accordance with the established procedures and shall review arms, before and after any relief.

Article 22. Troop and guard marinery.

1. The troops and marineria, component of the guard, will be able to find rotatably, in the situations of activity, alert or rest; the duration of each of these will be the one that provides greater efficiency to the safety and less fatigue to the personnel.

2. During the activity situation they will act as sentinels, patrol components or vigilantes.

Article 23. Transmission of orders.

The troops and marineria will be given the orders through the one who performs the post of guard, although they can also receive them from the head of the guard or from the one who helps him.

Article 24. Sentinel.

1. The components of the security guard are sentinels which, in the act of service of weapons and complying with a slogan, keep a position entrusted to their responsibility, bearing in sight the firearm that corresponds to them.

2. The sentinel shall be used for the protection and protection of sensitive sites or installations where the safety level so requires and their use shall be restrictive.

3. They also have the consideration of sentinel, those who because of the importance or transcendence of the functions or tasks they perform, so they are recognized by the legislation in force.

Article 25. Sentinel obligations.

1. The sentinel will devote all its attention to the entrustment entrusted, without doing anything that will distract him from his duties. He will never leave the weapon of the hand or hand it over to any person under any pretext and remain in his post until he is relieved. It will enforce received orders.

2. It will raise the alarm when the situation requires it and report any new developments using the established procedure.

3. When the security of his post, his person or the fulfillment of the slogan is threatened, prior to the conminations addressed to the potential aggressor to abandon his attitude and the warning that he is before a sentinel, he will be able to make use gradual and proportionate of your weapon, trying to cause the least damage possible.

Article 26. Sentinel stall.

1. The sentinel posts must allow the delivery of the received delivery. They may be fixed or mobile and in both cases, individual or group.

2. Fixed assets will be established in places that allow protection and observation, and reduce vulnerability. Mobile phones shall, where appropriate, complete the action of the fixed assets and shall be responsible for the permanent monitoring of specific and limited areas.

Article 27. Patrols.

1. Patrols are the fractions of the guard that carry out amplitude and variable duration paths using the most appropriate means, in zones of the interior and exterior of the unit.

2. Its composition and performance shall be in accordance with the instructions received, although allowing a certain degree of initiative in its implementation.

Article 28. Vigilantes.

1. The security guard components which, in the act of weapons service, participate in the general security both inside and outside of the unit through the control of persons, securing of physical spaces or control of the means or materials to be assigned to their custody.

2. They will occupy those positions of the security guard that complement those of sentinel. They can be fixed or mobile, as well as fulfill their tasks with weapons or without them.

3. They shall comply with the rules for the gradual and proportionate use of the weapon in order to prevent or repel an aggression as soon as other means cannot be used.

4. The posts shall be established in the most appropriate places to enable them to fulfil their tasks. They may not leave their post, unless the circumstances of the performance of their mission require it.

5. The positions to be filled and the tasks will be defined in the security plan, which should indicate the schedule of those guard posts that become sentinel during some period of the guard.

CHAPTER IV

From military, naval or air police

Article 29. From the military, naval or air police.

1. The military, naval or air police units are those that, equipped with the right weapons, equipment and equipment, are organized, instructed and trained to fulfill the tasks referred to in this chapter.

2. Members of the Armed Forces who serve as a military, naval or air police officer, without prejudice to their armed force status where appropriate, shall have the status of an agent of the authority in the performance of their duties.

3. During their service they will carry an easily visible identification on the uniform, which accredits their condition of military, naval or air police. In the case where they are carried out for which they are not suitable to wear in uniform, they must carry an identification card attesting to them as such.

4. Members of the Armed Forces may provide temporary services such as military, naval or air police to carry out tasks under paragraph 1 of the following Article. To this end, they shall receive the training and preparation referred to in Article 8 of these rules and during the execution of those tasks, shall bear the identification described in the previous paragraph.

Article 30. Tasks.

1. Military, naval or air police shall, on national territory, have the following tasks:

(a) Carry out surveillance, custody, escort and regulation of military transport and convoys, as well as the protection of members of the Armed Forces.

b) Identification of personnel and vehicles in military enclosures.

c) Velar in the order, behavior, and uniformity of military personnel, inside military precincts and outside when authorized.

d) To be responsible for the control of the movement within the military precinct and other similar ones entrusted to them. Outside the military precinct, traffic may be controlled, in the absence of or in the absence of traffic agents, after obtaining the authorisation of the responsible body and having coordinated its action with those agents.

(e) Custody and conduct of prisoners and prisoners of military prison and disciplinary facilities as well as security and order maintenance duties in such establishments.

f) Act in aid of the organs and prosecutors of the military jurisdiction when they are required to do so.

g) Make reports for the benefit of security at your specific scope of action.

2. Without prejudice to the provisions of Article 15, in the rules of the internal regime of the Army of the Earth, the Navy and the Army of Air, approved by the order of the Minister of Defense, the situations in which the police force will be established will be established. military, naval or air may be able to mount the security guard of a unit or be part of it.

3. The tasks of military, naval or air police, in accordance with the provisions of the relevant international agreements, may be carried out in the field of operations abroad.

Article 31. Support among police officers.

Military, naval or air police units may act in support of each other, and with security forces and bodies, at their request, in those functions that are their own and within the limits of their powers and responsibilities. procedures legally established in the terms provided for in the first provision of the royal decree approving these rules.

Article 32. Intervention in the face of blatant crimes.

Being of service and in the absence of members of the security forces and bodies the members of the military, naval or air police will intervene in the face of flagrant crimes in accordance with the provisions of the Law of Criminal Procedure. As soon as they are able to gather the presence of those and they will give an account of their performance to their superiors.