By judgment of 26 January 2006, the Court of Justice of the European Communities condemned the Kingdom of Spain for failure to fulfil its obligations under the EC Treaty by maintaining certain provisions of Law 23/1992, of 30 July, of Private Security, and of its Implementing Regulation, approved by Royal Decree 2364/1994 of 9 December 1994 imposing a number of requirements on private security firms and private security personnel from other Member States who wish to pursue private security activities in Spain. The Court considers that the conditions required in our country for the provision of private security services may infringe the principles of freedom of establishment and freedom to provide services, as they are liable to be de facto, to the citizens or companies of other Member States in an unfavourable situation compared to that of the Spanish. In particular, there are two aspects that are called into question: firstly, the lack of proportionality between the interest to be protected and the conditions required by the Spanish legislation for the provision of private security services by the companies. Secondly, the non-application of mutual recognition to professional qualifications in this sector which have been acquired in another Member State. In summary, the requirements which, under the judgment in question, are restrictions on the freedom of establishment and the freedom to provide services within the framework of the European Union, are as follows:

First, the Court considers that the fact that, in virtually all cases, private security undertakings must be legal persons is a restriction on the right of establishment. In connection with the above, the requirement for a minimum share capital for these undertakings is not considered justified on grounds of public safety and also constitutes an infringement of Articles 43 EC and 49 EC, with other means less restrictive to achieve the objective of the protection of the recipients of the private security benefits, such as the deposit of a bond or the subscription of an insurance contract. With regard to the lodging of guarantees, the Court points out that the Spanish legislation prosecuted requires the deposit of a security in a Spanish agency, the General Deposit Box, in order to respond to the possible liabilities or the payment of fines, without taking into account the guarantees provided, where appropriate, in the Member State of origin. It also adds the judgment that, in the current state of development of the mechanisms for the cross-border recovery of claims and the enforcement of foreign judgments within the Union, the obligation to provide a guarantee in a Spanish body goes further. there is a need to ensure adequate protection of creditors.

With regard to the provisions laying down a minimum template for security undertakings, the Court of Justice understands that they must be considered as an obstacle to the freedom of establishment and freedom to provide services. services, in so far as they make it more onerous to set up branches or subsidiaries in Spain and deter foreign private security companies from offering their services on the Spanish market. By way of exception, the Court considers that the requirement for a minimum workforce for companies engaged in the transport and distribution of explosives is justified. As regards the requirement for private security personnel to be in possession of a specific administrative authorisation or authorisation issued by the Spanish authorities, the Court points out that, although the general application of A procedure of administrative authorization for foreign security companies is not, by itself, contrary to Article 43 EC, the Spanish legislation does not provide for the possibility of taking into consideration the requirements that have already been accredited for each of the staff members of these companies in their home Member State. As a result, the requirement to obtain a new specific authorisation in the host Member State for the staff of a private security firm constitutes an unjustified restriction on the freedom to provide services on the part of the that undertaking within the meaning of Article 49 EC, in so far as the checks or checks already carried out in the Member State of origin are taken into account. Finally, it states that the professions to which the Private Security Regulation applies are regulated professions within the meaning of Directives 89/48 and 92/51, since their exercise is subject to the possession of certain qualifications. However, there is no rule of Spanish law providing for the possibility of recognising qualifications obtained in other Member States. In particular, as far as the profession of private detective is concerned, there is currently no system of mutual recognition of professional qualifications in Spain relating to that profession.

In order to comply with the requirements contained in the repeated Judgment, the articles of Law 23/1992, of July 30, which have an impact on the issues mentioned above, have been modified by a law with force of law, Royal Decree-Law 8/2007 of 14 September 2007, the adoption of which is justified in the necessary immediate implementation of the obligation which implies in itself the fulfilment of the judgment as soon as possible, but also in the need to prevent factual situations that hinder the proper functioning of the sector or injure the free concurrency in the same.

Real Decree-law itself provides for the obligation to make the necessary adaptations of a regulatory nature for the complete execution of the content of the judgment, which are concretized in the modification of the those articles of the Private Security Regulation, approved by Royal Decree 2364/1994 of 9 December 1994, which constitute the development or execution of the precepts modified by Royal Decree-Law 8/2007 of 14 September. In its virtue, on the proposal of the Minister of the Interior, with the approval of the Minister of Public Administrations, in agreement with the Council of State, and after deliberation of the Council of Ministers at its meeting of 11 January 2008,

D I S P O N G O:

Single item. Amendment of the Private Security Regulation, approved by Royal Decree 2364/1994 of 9 December 1994.

The Private Security Regulation, approved by Royal Decree 2364/1994 of 9 December, is amended as follows: One. Article 2 is worded as follows:

" Article 2. Obligatory of registration and of authorization or recognition.

1. For the provision of services and the pursuit of the activities listed in the preceding Article, undertakings must meet the requirements laid down in Article 7 of Law 23/1992 of 30 July 1992 on private security, be authorised in accordance with the procedure laid down in Articles 4 et seq. of this Regulation and entered in the Register of Security Undertakings in the Ministry of the Interior.

2. Security undertakings authorised for the provision of private security services in accordance with the rules of any of the Member States of the European Union or of the States party to the Agreement on the European Economic Area shall be recognised and registered in the Register once they prove their status as a security undertaking and the fulfilment of the requirements laid down in Articles 5, 6 and 7 of this Regulation. To this end, the requirements already accredited in any of those States shall be taken into account and no further completion of the requirements shall be necessary. 3. In the Register, with the order number of the company's registration and authorization, the name, number of tax identification, date of authorization, domicile, class of company or legal form, activities for which it has been authorised, territorial scope of action and legal representative, as well as modifications or updates of the data listed. '

Two. Article 5 is worded as follows:

" Article 5. Documentation.

1. The authorisation procedure shall be initiated at the request of the company or person concerned, which shall accompany the following documents: (a) Initial stage, presentation: 1. "Yes" is a company, an authentic copy of the public deed of incorporation, in which it must state that the registered office or establishment is in a Member State of the European Union or a State part of the Agreement on the European Economic Area, its social object, which shall be exclusive and coincident with one or more of the services or activities referred to in Article 1 of this Regulation, ownership of the share capital; and a certificate of the registration or registration note of the company in the Trade Register or, where applicable, in the corresponding Register of Cooperatives, or equivalent document in the case of companies incorporated in any of those States.

2. º Declaration of the class of activities that it intends to develop and territorial scope of action.

No company may be registered in the Register, the name of which is misleading with that of another company already registered or with the one of the organs or agencies of the Public Administrations, which may be made prior to the registration, to avoid such an error.

b) Second phase, prerequisite documentation:

1. Inventory of the material means available for the exercise of your activities.

2. Deproof of the title by virtue of which it has the properties in which the registered office and other premises of the company are located, when those are located in Spain. 3. personal composition of the administrative and management bodies.

c) Third phase, of supporting documentation and resolution: 1. º. In your case, certificate of registration of the public deed of constitution of the society in the Commercial Registry, or in the Register of Cooperatives or equivalent document, if it had not already been submitted.

2. Certificate of proof of the installation of a security system, of the characteristics determined by the Ministry of the Interior. 3. Deproof of the discharge in the Tax of Economic Activities. 4. the explanatory memorandum to the operational plans to be carried out in accordance with the various activities they intend to carry out. 5. The relationship of staff, with the expression of their category and the number of the national identity document, or, in the case of nationals of Member States of the European Union or of States party to the Agreement on the European Economic Area, of the number of foreign identity. Where there is no obligation to obtain the latter, the number of the equivalent identity document shall be expressed. 6. " Supporting documentation of the subscription of a contract of civil liability insurance, endorsement or other financial guarantee contracted with a duly authorized entity of any of the Member States of the European Union or of States Part of the Agreement on the European Economic Area, in order to cover, up to the amount of the limits laid down in the Annex to this Regulation, the liability of civil liability for damage to persons or property the operation of the activity or activities for which the undertaking is authorised. Undertakings legally authorised in another Member State of the European Union or in a State party to the Agreement on the European Economic Area for the purpose of carrying out activities or providing private security services in that State to carry out such activities or services in Spain, account shall be taken of the contract of civil liability insurance, guarantee or other financial guarantee, which would have subscribed for the same purposes in any of those States, provided that the same complies with the requirements set out in this paragraph. If the liability insurance, guarantee or other financial guarantee subscribed to in any of the Member States of the European Union or of a State party to the Agreement on the European Economic Area is lower than the amount required to the Spanish companies under the current private security regulations, the company required to provide them must constitute new insurance, guarantee or guarantee supplementary or extend the already subscribed until such amount. 7. "Documentation" of having constituted a guarantee, in the form and conditions prevented in Article 7 of this regulation.

2. The documents referred to in the preceding paragraphs shall be adapted to prove that the specific requirements for each type of activity are met by the security undertakings, in accordance with the provisions of the Annex to the Directive. This Regulation.

3. Without prejudice to the inspection and control functions that correspond to the Directorate General of the Police and the Civil Guard (within the National Police Corps) in matters of private security, the mandatory report of the Guard Corps Civil on the suitability of the installation of the armers, which, if necessary, must have the security companies, must be issued at the request of the National Police Corps and incorporated in a timely manner to the registration file. "

Three. Article 6 is worded as follows:

" Article 6. Multiple enablement.

Companies intending to engage in more than one of the activities or services listed in Article 1 of this Regulation will have to prove the general requirements as well as the specific ones that could affect them, with the (a) The following characteristics: (a) The chief security officer, who may be unique for the various activities.

(b) Those relating to a civil liability policy, endorsement or other financial guarantee with a duly authorised entity, and to the guarantee referred to in Article 7 of this Regulation: If they are to carry out two activities or services, shall justify the largest of the quantities required for each of the two concepts. If they intend to carry out more than two activities, the corresponding civil liability policy, guarantee or other financial guarantee, and the guarantee provided for in Article 7, shall be increased by an amount equal to 25% of those required for each one of the other classes of services or activities. "

Four. Article 7 is worded as follows:

" Article 7. Constitution of guarantee.

1. Security undertakings shall provide a guarantee in the General Deposit Box or in a body of a similar nature in any Member State of the European Union or a State party to the Agreement on the European Economic Area, to the provision of the authorities with sanctioning powers in the field, in order to take account of the responsibilities arising from the operation of the undertakings for infringements of the private security rules.

2. In the event that the guarantee is lodged in the General Deposit Box, it shall be made in any of the modalities provided for in the regulatory regulations of that body, with the requirements laid down therein. 3. The security shall be maintained for the maximum amount of the amount during the whole period of validity of the authorization, for the purposes of the quantities which, where appropriate, have been deducted for the purposes referred to in paragraph 1 of this Article. they shall be returned within one month from the date on which the relevant acts of disposal have been carried out. 4. Companies legally authorised in another Member State of the European Union or in a State party to the Agreement on the European Economic Area for the purpose of carrying out activities or providing private security services in that State carry out such activities or services in Spain, may constitute the security referred to in the preceding paragraphs in the bodies or entities authorised to do so by any of those States, provided that the same is available of the Spanish authorities to take account of the responsibilities arising from the operation of the company for breaches of private security regulations. The undertakings referred to in the preceding subparagraph shall be taken into account of the security which, where appropriate, they have subscribed for the same purposes in any Member State of the European Union or part of the Agreement on the European Economic Area, provided that it complies with the requirements referred to in the preceding paragraphs and that the amount is equivalent to that required for Spanish companies pursuant to the provisions of the Annex to this Regulation. If the guarantee deposited in any of these States is less than the amount required of the Spanish companies under the current private security regulations, the depositor must constitute a new supplementary guarantee or extend the guarantee already signed up to that amount. '

Five. Article 13 is worded as follows:

" Article 13. Effects of the cancellation.

1. The cancellation of the registration of security undertakings shall determine the release of the security provided for in Article 7 of this Regulation, after the responsibilities referred to in paragraph 1 of that Article have been met.

2. The release of the guarantee may not be effected where the undertaking has outstanding economic obligations with the Administration arising from the operation of the undertaking for breaches of private security regulations, or when instructed to do so. (a) to the extent to which the penalty has been imposed, until its resolution and, where appropriate, to the enforcement of the sanction. 3. However, the security may be reduced, taking into account the foreseeable extent of the outstanding liabilities and liabilities. 4. In the event of cancellation by inactivity, the resumption of the activity will require the instruction and resolution of a new authorization procedure. "

Six. Article 17 is worded as follows:

" Article 17. Opening of branches.

1. Security companies that intend to open branches or branches will request it from the Directorate General of the Police and the Civil Guard (the National Police Corps), accompanying the following documents: (a) Inventory of the goods the materials used for the exercise of the activities in the delegation or branch.

(b) Proof of evidence of the title under which the immovable property is available for the delegation or branch. (c) Relation of the staff of the delegation or branch, with the expression of their office, category and number of the national identity document or, in the case of nationals of Member States of the European Union or of States party to the Agreement on the European Economic Area, of the number of foreign identity. Where there is no obligation to obtain the latter, the number of the equivalent identity document shall be expressed.

2. Security firms must open branches or branches, giving knowledge to the Directorate-General of the Police and the Civil Guard (within the scope of the National Police Corps), with input from the documents referred to in the previous paragraph, in the cities of Ceuta and Melilla or in the provinces in which they do not place their main headquarters, when they perform in those cities or provinces any of the following activities: (a) Deposit, custody, counting and sorting of coins and banknotes; securities, as well as custody of valuable objects, explosives or dangerous objects. These delegations shall have the requirements for the provision of security guards, armer or safe, and the approved chamber and local chambers referred to in paragraphs 3.1.B and 3.1.C), c) and d) of the Annex for valuable and dangerous objects, and with those for security guards and armers or safes, as referred to in paragraphs 3.2.B and 3.2.C), c) of the Annex, in respect of explosives.

However, where the amount to be kept by those delegations or branches does not exceed EUR 601,012, provided that at least fifty per cent is in fractional currency, the vault may be replaced by a Safe deposit box with the characteristics determined by the Ministry of the Interior. (b) Surveillance and protection of goods and establishments, where the number of security guards serving in the province exceeds thirty and the duration of the service, in accordance with the contract or the extensions thereof, is equal to or more than one year.

3. Security undertakings authorised for the provision of private security activities or services in accordance with the rules of any of the Member States of the European Union of States Parties to the Agreement on the Economic Area European, which have been recognized in Spain according to the procedure provided for in this royal decree, and who intend to exercise such activities or services in Spain on a permanent basis, must open delegations, branches, subsidiaries or agencies in Spain.

Such delegations, branches, subsidiaries or agencies shall comply with the requirements of paragraph 1 of this Article and shall have the security measures provided for in this Regulation for security undertakings. "

Seven. Article 52 is worded as follows:

" Article 52. Common provisions.

1. The private security personnel will be made up of: security guards, explosives guards, security chiefs, security directors, private escorts, private field guards, hunting guards, security guards, security guards, security guards, security guards, security guards, private security guards, private security guards, private security guards, security guards, security guards, private security guards, security guards Maritime guards and private detectives.

2. For the purpose of enabling and training, they shall be considered:

(a) Private escorts and the vigilantes of explosives and dangerous substances as specialties of security guards.

(b) The hunting guards and the maritime guards as specialties of the particular guards of the field.

3. For the purposes of the development of their respective functions, private security personnel shall have to obtain prior authorisation or recognition from the Ministry of the Interior, with the character of administrative authorization, in a file which shall be instructed at the request of the parties themselves.

4. The qualification or recognition shall be documented by means of the professional identity card, the characteristics of which shall be determined by the Ministry of the Interior. 5. The security guards and the special guards of the field in their various forms shall also have a professional card and a draft card with the characteristics and annotations to be determined by the Ministry of the Interior. The professional card and the draft card of security guards and special guards of the field which are integrated in security undertakings shall be placed in the seat of the security undertaking in which they provide their services. services. 6. The obligation to dispose of the cartilla shall be exonerated by the maritime guards who habitually provide their service without weapons. 7. Enablement or recognition for the exercise of the profession of private detective shall require registration in the specific register governed by this Regulation. "

Eight. Article 53 is worded as follows:

" Article 53. General requirements.

For the empowerment of staff and at all times for the provision of private security services, the staff shall meet the following general requirements: (a) Being of age.

(b) To have the nationality of one of the Member States of the European Union or of a State party to the Agreement on the European Economic Area. (c) Possession of the physical fitness and mental capacity necessary for the exercise of the respective functions without suffering illness which prevents the exercise thereof. d) Criminal record. (e) Not having been convicted of unlawful interference in the field of protection of the right to honour, personal and family privacy and the image itself, the secrecy of communications or other fundamental rights in the five years prior to the request. (f) Not having been punished in the previous two or four years, respectively, for serious or very serious security. g) Not having been separated from the service in the Armed Forces or in the Security Forces and Corps. (h) have not exercised control functions of the entities, services or activities of private security, surveillance or investigation, or of their personnel or means, as a member of the Security Forces and Forces in the two years prior to the application. (i) Overcome the evidence which establishes the knowledge and training necessary for the exercise of the respective functions. "

Nine. Article 54 is worded as follows:

" Article 54. Specific requirements.

1. In addition to the general requirements laid down in the previous Article, private security personnel shall, in order to enable them, meet the requirements laid down in this Article, in the light of their specialty.

2. Security guards and particular field guards in any of their specialties:

a) Not having been fifty-five years old.

b) Being in possession of the degree of Undergraduate in compulsory secondary education, of Technician, or other equivalent to professional, or superior, effects. (c) the requirements necessary to be able to carry and use firearms, in accordance with the provisions of the current Arms Regulations.

3. Private escorts: in addition to the specific requirements of the security guards, they will have a minimum height of 1.70 meters for men, and of 1.65 meters for women.

4. Security chiefs and security directors: to be in possession of the title of Bachiller, of a Superior Technician, of a Technician in the professions to be determined, or other equivalent to professional, or superior, effects. 5. Private detectives:

(a) To be in possession of the title of Bachiller, of Superior Technician, of Technician in the professions to be determined, or other equivalent to professional or superior effects.

b) Being in possession of a private detective diploma, recognized for these purposes in the manner determined by the Order of the Ministry of the Interior and obtained after the course of the scheduled teachings and from overcoming the "tests".

Ten. A new Article 55a is added with the following content:

" Article 55a. Requirements and procedure for recognition.

1. Nationals of Member States of the European Union or of States party to the Agreement on the European Economic Area, whose professional qualification or qualification has been obtained in one of those States for the performance of the tasks of the European Economic Area private security in the same, may carry out activities or provide private security services in Spain, provided that, after verification by the Ministry of the Interior, the following requirements are met: (a) to be entitled to a degree, qualification or certification issued by the competent authorities of any of those States, which authorizes them for the exercise of their private security functions.

b) Credit knowledge, training and skills equivalent to those required in Spain for the exercise of the professions related to private security. c) Having knowledge of the Spanish language sufficient for the normal performance of the private security functions. (d) The provisions referred to in Article 53 (a), (d), (e), (f), (g) and (h).

2. For the purpose of the recognition to be carried out by the Ministry of the Interior, the provisions of the rules on the recognition of professional qualifications shall be taken into account.

3. The lack or lack of knowledge or skills necessary for the exercise of private security activities in Spain by nationals of Member States of the European Union or of States Parties to the Agreement on the Economic Area European, may be replaced by the compensatory measures provided for in the rules laid down in the preceding paragraph. 4. Once the said recognition has been carried out, the exercise of the private security functions shall be governed by the provisions of this regulation and in the regulations that develop it. "

Once. Article 63 is amended as follows:

" Article 63. Enablement of security chiefs and security directors.

1. In order to be appointed as security chiefs, applicants must have held security, public or private positions or functions, at least for five years, and will need to obtain the relevant professional identity card, for which have to prove, by means of the relevant evidence, sufficient knowledge of the regulatory framework for private security, the organisation of security services and the arrangements for the provision of such services, not applicable to them the provisions of this regulation on personnel training.

2. Enabling security directors will require applicants to meet one of the following requirements:

(a) To be in possession of the security degree recognized for these purposes by the Ministry of the Interior.

(b) Credit performance for at least five years of management or public or private security management positions, and shall exceed the relevant evidence on matters determined by that Ministry. "

Twelve. Article 64 is worded as follows:

" Article 64. Causes.

1. Private security personnel will lose such a condition for any of the following reasons:

a) At your own request.

b) For the loss of any of the general or specific requirements required in this regulation for the granting of the entitlement or recognition. c) By retirement. (d) for the execution of the final withdrawal penalty for the rating or recognition.

2. The inactivity of private security personnel for a period of more than two years shall require the accreditation of the requirements referred to in Article 10 (3) of the Private Security Act, as well as the exceeding of the specific tests which For this purpose, they shall be determined by the Ministry of the Interior. '

Thirteen. The heading of Section 5 of Chapter II is amended as follows:

"Section 5. Top Security Chiefs and Directors"

Fourteen. Article 95 is worded as follows:

" Article 95. Functions.

1. It is up to the heads of security, under the direction of the undertakings concerned, to carry out the following tasks: (a) the analysis of risk situations and the planning and programming of specific actions for the implementation and implementation of the security services.

b) The organisation, management and inspection of private security personnel and services. (c) The proposal of the relevant safety systems, as well as the monitoring of their use, operation and conservation. (d) control of the permanent training of the security personnel who are dependent on them, proposing to the management of the company the adoption of appropriate measures or initiatives for the fulfilment of this purpose. (e) the coordination of the various security services which are dependent on them, with their own actions for civil protection, in situations of emergency, disaster or public calamity. f) Ensure the collaboration of the security services with those of the corresponding dependencies of the Security Forces and Corps. (g) In general, ensure compliance with the applicable safety regulations. h) The direction of the security personnel's shooting exercises to their orders, if they possess the required qualification as shooting instructors.

2. The security directors are responsible for the exercise of the functions listed in paragraphs (a), (b), (c), (e), (f) and (g) of the previous Article. "

Fifteen. Article 96 is worded as follows:

" Article 96. Assumptions of mandatory existence.

1. Security services shall be provided under the direction of a security chief, in the security undertakings registered for all or any of the activities referred to in Article 1.1 (a), (b), (c) and (d) of the present (a) Regulation (EC) No 2173/2014 of the European Parliament and of the Council of 17 July 2014 on the common position of the European Parliament and the Council (')

2. The command of the security services shall be exercised by a security director appointed by the entity, company or business group:

(a) In companies or entities that constitute, by virtue of general disposition or governmental decision, department of security.

(b) In institutions, establishments or buildings which have a security service consisting of 24 or more security guards or private guards of the field, and whose intended duration is more than one year. c) When the General Directorate of the Police and the Civil Guard for the supra-provincial assumptions, or the Deputy Delegate of the Government of the Province, take care of the volume of personal and material resources, both physical and electronic, the security system of the institution or establishment, as well as the complexity of its operation and the degree of risk concentration. '

Sixteen. Article 98 is worded as follows:

" Article 98. Underhealing of deficiencies or anomalies.

Heads and directors of security shall propose or take appropriate measures for the remedy of deficiencies or anomalies which may be observed or communicated to them by the individual guards or guards of the field in relation to the with the services or the security systems, making sure that the date and time of the sub-healing in the relevant book-catalogue are entered, in the latter case, and by checking its operation. "

seventeen. Article 106 is worded as follows:

" Article 106. Establishment of branches.

Private detectives may establish delegated or branch offices in the same locality where they have established their professional office or in other different departments, and each of them must be directed to a detective authorised or recognised in accordance with the provisions of this Regulation, other than the head of the main office. '

Eighteen. Article 108 is worded as follows:

" Article 108. Record-book.

1. In each office and branch, the detectives will carry a record-book, according to the model approved by the Ministry of the Interior, conceived in such a way that their treatment and file can be machined and computerized.

2. The obligation to carry out the book-registration of the previous paragraph shall also be the responsibility of nationals of Member States of the European Union or of States party to the Agreement on the European Economic Area, authorised as private detectives in any of those States and who intend to pursue their profession in Spain without having their office or branch in our country. "

nineteen. Article 117 is worded as follows:

" Article 117. Organization of the security department.

In those entities and security companies in which the security department is characterized by its high volume and complexity, in that department there will be, under the security direction, the one that will correspond to the the security director's duties, the necessary structure with the appropriate hierarchical and territorial steps, at the front of which the corresponding delegates will be found. "

Twenty. Article 139 is worded as follows:

" Article 139. Communication on the validity of the insurance contract, endorsement or other financial guarantee subscribed to cover the liability.

1. Each year, within the same time limit as set out in paragraph 1 of the previous Article, security undertakings shall submit, in the register in which they are registered, proof of validity of the insurance contract, guarantee or other financial guarantee that they would have subscribed to cover the liability.

2. The insured company has an obligation to communicate to the Directorate General of the Police and the Civil Guard (within the scope of the National Police Corps), the termination and any other of the circumstances that may result in the termination of the the contract of insurance against civil liability, security or other financial security, at least 30 days in advance of the date on which those circumstances have taken effect. 3. In all cases of termination of the term of the insurance contract, guarantee or other financial guarantee, the company must agree in a timely manner, so that no continuity solution can be found in the coverage of the liability. a civil liability policy, guarantee or other financial guarantee, which complies with the requirements set out in Article 5.1.c) .6. and in the Annex to this Regulation, by crediting it with the Register of Security Enterprises. "

Twenty-one. Article 140 is worded as follows:

" Article 140. Communication of statutory amendments.

1. Where security undertakings are in the form of a legal person, they shall be obliged to inform the Secretariat of State of Security of any changes in the ownership of the shares, units or contributions and those affecting them. its share capital, within 15 days of its amendment.

2. Likewise, in the same period, they must communicate any changes to their Statutes and any variation in the personal composition of their administrative and management bodies. 3. The communications referred to in the preceding paragraphs shall be made by means of an authorized copy of the corresponding public deed or of the document in which the amendments were entered. 4. When the changes imply the loss of the requirements of the administrators and directors of the security companies, they will cease in their positions. "

Twenty-two. Article 148 (1) (b) and (c) shall be worded as follows:

" (b) The continuation of the provision of services in the event of cancellation of the registration or termination of the insurance contract, guarantee or other equivalent guarantee, without concluding another new one within the regulatory period.

(c) Subcontracting of private security services and activities with undertakings which do not have the appropriate qualification or recognition necessary for the service or activity concerned, except in the case of (i) the provisions of this Regulation.

Twenty-three. Article 149 (3) is worded as follows:

" 3. The performance of duties exceeding the rating obtained or recognised by the security undertaking or by the staff at its service, or outside the relevant territorial area or area, as well as the retention of the personal documentation; the carrying out services on industrial estates and housing estates without having obtained the express permission of the Delegation or Subdelegation of the Government or of the relevant body of the competent autonomous community, and subcontracting security services with registered companies, but not enabled or recognized for the scope the place where the subcontracted service or activity is carried out. "

Twenty-four. Article 150 (3) and (5) shall be worded as follows:

" 3. The omission of the duty to open branches or delegations in the cases referred to in Article 17 (2) and (3). " " 5. The lack of annual presentation, within the prescribed period, of the certificate of validity of the insurance contract, guarantee or other equivalent guarantee. "

Twenty-five. The function 4. of the additional first provision of the Private Security Regulation is worded as follows:

"4. Article 7.1 The reference to the General Deposit Box shall be deemed to be made to the box determined by the corresponding autonomous community."

Twenty-six. The Annex to the Private Security Regulation is worded as follows:

" ANNEX Specific requirements for security companies, according to the different classes of activity I. Registration and initial authorization requirements

1. Surveillance and protection of goods, establishments, competitions or conventions. A) Initial phase. In the case of companies, accredit that it meets the requirements laid down in Article 5 (1) (a), (b) and (b) of the second stage. Relationship of the available personnel to which the security chief and security guards will necessarily be included. C) Third stage. (a) To be installed in the premises of the company, both in the principal and in the offices of the delegations or branches, the armer or the safe of the characteristics determined by the Ministry of the Interior.

b) Having a contract of civil liability insurance, guarantee or other financial guarantee with a duly authorized entity with a minimum amount of EUR 300,506,10 per claim and year. (c) To have constituted, in the form specified in Article 7 of this regulation, a guarantee of 240,404,84 euros if the scope of action is state and of 48,080,97 euros, plus 12,020,24 euros per province, if the scope of action is autonomic.

2. Protection of persons. A) Initial phase. In the case of companies, accredit that it meets the requirements laid down in Article 5 (1) (a), (b) and (b) of the second stage. Relationship of the available staff to which the head of security and private escorts will necessarily consist. C) Third stage. (a) Having installed at the premises of the company, both in the principal and in the offices of the delegations or branches, an armeror or a safe of the characteristics to be determined by the Ministry of the Interior.

(b) Having agreed to a liability insurance, guarantee or other financial guarantee, with a duly authorised entity with a minimum amount of EUR 601,012,10 per claim and year. (c) A guarantee of EUR 240,404,84 in the form specified in Article 7 of this Regulation. d) Dispose of sufficient means of communication to ensure communication between the mobile peripheral units and the base station.

3. Deposit, custody and treatment of valuable or dangerous items, and custody of explosives. 3.1 Valuable or hazardous objects. A) Initial phase. In the case of companies, accredit that it meets the requirements laid down in Article 5 (1) (a), (b) and (b) of the second stage. Relationship of the available personnel to which the security chief and the security personnel of the security service will necessarily consist. C) Third stage. (a) Having a contract of civil liability insurance, guarantee or other financial guarantee with a duly authorised entity with a minimum amount of EUR 601,012,42 per claim and year.

(b) A guarantee of EUR 240,404,84 should be provided if it is a State-wide enterprise, and EUR 60,101,21, plus EUR 12,020,4 per province, if it is an autonomous enterprise. (c) To be installed in the premises of the company, both in the principal and in the offices of the delegations or branches, the armer or the safe of the characteristics determined by the Ministry of the Interior. (d) Having installed a shortened and local camera of the characteristics and with the security system to be determined by the Ministry of the Interior.

The requirements for the vault, security guards that integrate the security service and the security service or safe, will be required for each building that the company will make to this activity. 3.2 Explosives. A) Initial phase. In the case of companies, accredit that it meets the requirements laid down in Article 5 (1) (a), (b) and (b) of the second stage. Security service composed of a security chief and an endowment of at least five explosives guards for each commercial or explosive storage depot in which the custody service is provided. C) Third stage. (a) to have a contract of civil liability insurance, guarantee or other financial guarantee with a duly authorised entity with a minimum amount of EUR 601,012,10 per claim and year.

b) A guarantee of EUR 120,202.42, if it is a State-wide enterprise, and EUR 30,050.61, plus EUR 6,010,12 per province, if the company is a regional company. (c) storage and storage depot or safe, of the characteristics and with the security system, if appropriate, to be determined by the Ministry of the Interior.

4. Transport and distribution of valuable or dangerous objects and explosives. 4.1 Valuable or hazardous objects. A) Initial phase. In the case of companies, accredit that it meets the requirements laid down in Article 5 (1) (a), (b) and (b) of the second stage. (a) The list of personnel available to the security chief and security guards.

(b) Six armoured vehicles, if the company is a State-owned company and two, if the company is an autonomous company. The vehicles shall have the characteristics determined by the Ministry of the Interior, shall be equipped with a movement permit, an industrial card and a certificate of proof of the improvement of the technical inspection, all in the name of the company applicant. (c) Local intended exclusively for the keeping of armoured vehicles outside the hours of service.

C) Third phase. (a) to have a contract of civil liability insurance, guarantee or other financial guarantee with a duly authorised entity with a minimum amount of EUR 601,012,10 per claim and year.

(b) A guarantee of EUR 240,404,84, if the company is a State-owned company, and EUR 48,080,97, plus EUR 12,020,24 per province, if it is an autonomous region. (c) To be installed in the premises of the company, both in the principal and in the offices of the delegations or branches, the armero or a safe of the characteristics to be determined by the Ministry of the Interior. (d) Dispose of a voice telecommunication service between the premises of the company, both the principal and those of the branches or delegations, and the vehicles carrying out the transport.

4.2 Explosives. A) Initial phase. In the case of companies, accredit that it meets the requirements laid down in Article 5 (1) (a), (b) and (b) of the second stage. (a) a template consisting of at least two explosives guards for each vehicle for the transport of explosives available to the undertaking and a security chief when the number of guards exceeds 15 in total.

(b) Dispose for the transport of explosives, at least two armoured vehicles with a load capacity of more than 1,000 kg each, with the characteristics determined by the National Freight Transport Regulation Dangerous by road (TPC, type 2), and with the security measures to be established, the documents required to be provided by the Ministry of the Interior must be provided. (c) Local for the storage of vehicles during the hours in which they remain frozen.

C) Third phase. (a) Having a contract of civil liability insurance, guarantee or other financial guarantee with a duly authorised entity with a minimum amount of EUR 601,012,42 per claim and year.

(b) A guarantee of EUR 120,202.42, if the company is a State-owned company, and EUR 30,050.61, plus EUR 6,010,12 per province, if it is an autonomous region. (c) Have a strong or a strong box of the characteristics to be determined by the Ministry of the Interior. (d) Dispose of a voice telecommunication service between the premises of the company, both the principal and those of the branches or delegations, and the vehicles carrying out the transport.

5. Installation and maintenance of appliances, devices and safety systems. A) Initial phase. In the case of companies, accredit that it meets the requirements laid down in Article 5 (1) (a), (b) and (b) of the second stage. (a) The ratio of available personnel to the technical engineer and installers.

b) A restricted zone or area that, with physical, electronic or computer means, ensures the custody of the information that they will handle and that they will be responsible for. C) Third stage.

(a) To have a guarantee of 120,202.42 euros, for the state level, and of 30,050.61 euros, plus 6,010.12 euros per province, for the autonomous area.

(b) Have a contract of civil liability insurance, guarantee or other financial guarantee with a duly authorized entity with a minimum amount of EUR 300,506.05 per claim and year.

6. Operation of alarm centres. (a) Initial stage If these are companies, credit that it meets the requirements laid down in Article 5.1.a), 1. B) Second stage. a) Elements, equipment or systems trained for the reception and verification of alarm signals and their transmission to the Security Forces and Corps.

b) Locals whose requirements and characteristics of the security system determine the Ministry of the Interior. (c) an uninterruptible power supply system which ensures for twenty-four hours at least the operation of the power plant in the case of cutting the supply of electrical fluid.

C) Third phase. a) A guarantee of EUR 120,202.42.

(b) Have a contract of civil liability insurance, guarantee or other financial guarantee with a duly authorized entity with a minimum amount of EUR 300,506,05.

7. Planning and advising on security activities. A) Second phase. (a) the ratio of the available staff, in which it will necessarily consist of optional staff with sufficient competence to take responsibility for the projects, in cases where their activity is designed to design installations and projects; security systems.

(b) In the case of companies, accredit that it meets the requirements of Article 5 (1) (a), (c) a restricted area or area which, by means of physical, electronic or computer-based means, ensures the custody of the information that I will manage the company and will be responsible for it. (d) where the advice or planning is for any of the activities referred to in paragraphs (a), (b), (c) and (d) of Article 5 of Law 23/1992, of 30 July, of Private Security, to provide, in the template, staff who accredit, by justification of the performance of posts or functions of public or private security, at least for five years, knowledge and experience on the organisation and performance of security activities.

B) Third phase. (a) A security of EUR 60,101,21 shall be lodged.

(b) Have a contract of civil liability insurance, guarantee or other financial guarantee with a duly authorized entity with a minimum amount of EUR 300,506.05 per claim and year.

8. Requirements of companies having their domicile in Ceuta and Melilla. Security undertakings with registered offices in Ceuta and Melilla, which intend to carry out their activities solely in the field of one of those cities, shall comply with the same requirements as set out in this Annex.

II. Requirements of the autonomic companies

1. The determining amounts of the minimum guarantee and liability insurance, guarantee or other financial collateral with a duly authorised entity, as specified in paragraph I of this Annex, as requirements " For registration and authorisation "initial", relative to the companies with autonomy, whatever the activities they perform or services that they provide, will be reduced to 75 percent or 50 percent, according to the population of law of the corresponding communities Autonomous regions are less than 2,000,000 inhabitants and exceed 1,250,000, or less than 1,250,000 inhabitants.

2. The determining amounts of the guarantee minima, as specified in paragraph I of this Annex, relating to the autonomic security undertaking, whatever activities they perform or services they provide, and any the population of the right of the corresponding autonomous communities shall be reduced to 50% in the case of undertakings which, at the time of registration, have a staff of less than 50 employees; and also when, for two consecutive years, they do not exceed EUR 601,012,10 annual turnover. The reduction provided for in paragraph 2 shall not be cumulable to the minimum guarantee provided for in the preceding paragraph. 3. In the cases referred to in paragraphs 1 and 2 above, the quantities per province specified in paragraph I of this Annex shall not be counted in respect of any of the provinces with less than 250,000 inhabitants of the province. population of law. 4. With regard to the autonomous security undertakings engaged exclusively in the installation and maintenance of appliances, devices and safety systems, the requirements laid down in paragraph I. 5 of this Annex shall apply with the modifications that are specified below:

(a) You will not need to have a technical engineer in the template in full time, when you are integrating fewer than five installers, but alternatively you will have to have it part time, or you will have to count permanent, through a commercial contract, with the services of a technical engineer who will supervise and technically guarantee the installation and maintenance of devices, devices and systems. In any case, the technical engineer shall be specifically qualified for the exercise of his/her mission.

(b) The minimum guarantee to be lodged shall be EUR 6,101,21. However, it shall be EUR 12,020,24, in the case of companies not incorporated in the form of a company. (c) The insurance contract for civil liability, security or other financial collateral with a duly authorised entity shall cover a minimum guarantee of EUR 60,101,21.

5. Changes in the templates of the autonomic undertakings referred to in this paragraph, which give rise to the inclusion or exclusion of the case referred to in paragraph 2 above, shall result in the change in the registration and registration requirements. authorization of such undertakings and shall determine the instruction of the relevant records of changes to the registration.

6. Where undertakings intend to operate in neighbouring autonomous communities, without covering the whole of the national territory, they must register in the General Register of Security Enterprises, but may do so by applying the criteria (a) quantitative restrictions, as set out in this Annex, together with the corresponding regional territorial areas, as if they were a single autonomous territory. "

Single transient arrangement. Existence of pre-existing rules.

Until the adoption of the precise provisions for the development and implementation of the provisions in this royal decree takes place, the rules applicable to the aspects that require further development will continue in force. rules.

Final disposition first. Implementing provisions.

The Minister of the Interior is authorized to make the necessary provisions for the execution and implementation of the provisions of this royal decree.

Final disposition second. Entry into force.

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

Given in Madrid, on January 11, 2008.

JOHN CARLOS R.

The Minister of the Interior, ALFREDO PEREZ RUBALCABA