Law 23/1992, of July 30, of Private Security, regulates the provision by private, natural or legal persons, of services of surveillance and security of persons or goods, which will have the consideration of activities supplementary and subordinate to those of public security. For the provision of these services, both companies and security personnel must meet a number of requirements, including the need for security firms to adopt the corporate form, which has a capital the minimum amount to be determined, which shall have certain material and human resources and provide certain guarantees to meet the obligations arising from its operation. In addition, as far as security personnel are concerned, the current rules require the obtaining of an authorisation with the character of administrative authorisation, to which effect the fulfilment of certain requirements must be established. personal as academics. The requirement for such requirements is based on the fact that the nature of the functions to be developed, as complementary and subordinate to those of public safety, requires the establishment of a series of rigorous controls to ensure that the provision of the relevant services by qualified, qualified, and qualified companies, and the necessary and appropriate means, and this has been highlighted by the Spanish Government to the European Commission on several occasions. However, the Court of Justice of the European Communities, in its judgment of 26 January 2006, has analysed the compatibility of the rules laid down in Law 23/1992 of 30 July 1992 with Community law and considered that the In this case, the Court of Justice of the European Communities does not provide for the exclusion of freedom of establishment and the provision of services within the Community provided for in Articles 43 and 49 of its Treaty. 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 understands that the fact that, in virtually all cases, private security undertakings must be legal persons is a restriction on the right of establishment which is not justified. for reasons of public security, other less restrictive means exist to achieve the objective of the protection of the recipients of private security benefits, such as the deposit of a bond or the subscription of a contract of insurance.

With regard to the constitution 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 any liabilities or liabilities. the payment of fines, without taking into account the guarantees provided, where appropriate, in the Member State of origin. As regards the provisions laying down a minimum establishment plan for security undertakings, the Court of Justice understands that they must be regarded as an obstacle to the freedom of establishment and freedom to provide services, in so far as they are not which make it more expensive 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 the Spanish legislation does not provide for the the possibility of taking into account the requirements which have already been accredited by each of the staff members of these companies in their home Member State. Finally, it states that, in relation to the profession of private detective, the necessary regulatory changes must be made in order to ensure the mutual recognition of professional qualifications for the pursuit of such a profession. activity. As a result of the statement, since the execution of such judgments is not carried out by the Court itself, but involves a positive action on the part of the Member State concerned, it is the latter who, under Article 228 of the Treaty on European Community, it is obliged to take the necessary measures for the execution of the judgment referred to in its own terms. The Court of Justice of the European Communities is therefore following the doctrine of the Court of Justice of the way in which its judgments must be properly complied with, the possible compatibility between a national rule and a Community rule, including direct effect, it must be definitively eliminated by means of mandatory internal provisions having the same legal value as those which are to be amended. Therefore, the articles of Law 23/1992 of 30 July, affected by the judgment in question, must be reformed by a law with force of law, in this case the condition laid down in Article 86 of the Constitution, concerning the existence of a situation of extraordinary and urgent need, so that the instrument of the Royal Decree-Law can be used to this end. In fact, the existence of an enabling budget, which is referred to in the case-law of the Constitutional Court, is in which the need for the rule must be of such a nature that it cannot be taken care of by the This is a matter of urgency, because of the need for its immediacy. In this case, we are faced with an unforeseen need, caused by the ruling of the Court of Justice of the European Communities. This judgment assumes in itself the birth of an obligation of compliance which cannot be extended in time and which must be concluded as soon as possible. For this reason, immediate implementation is necessary; on the one hand, for the previously mentioned obligation, and, on the other, to prevent the emergence of situations of ambiguous fact, which damage the free competition in the sector. In addition, in this Royal Decree-law the obligation to carry out those adaptations of a regulatory nature essential for the complete execution of the content of the Judgment is also provided. These modifications, which require the prior legal authorization that provide, precisely, the changes that with this Royal Decree-law are incorporated in Law 23/1992, of July 30, of Private Security, will be concretized in an immediate modification of the Private Security Regulation, approved by Royal Decree 2364/1994 of 9 December 1994. In its virtue, in use of the authorisation granted by Article 86 of the Constitution, on a proposal from the Minister of the Interior and after deliberation by the Council of Ministers at its meeting on 14 September 2007,

D I S P O N G O:

Single item. Amendment of Law 23/1992, of July 30, of Private Security.

Law 23/1992, of July 30, of Private Security, is amended as follows: One. Article 1 is worded as follows:

" Article 1.

1. This law is intended to regulate the provision by persons, natural or legal persons, of services of surveillance and security of persons or property, which shall have the consideration of complementary and subordinate activities in respect of public security.

2. For the purposes of this law, they can only conduct private security activities and provide services of this nature to security companies and private security personnel, which will be integrated by security guards. Explosives guards, security chiefs, security directors, private escorts, private field guards, hunting guards, maritime rangers and private detectives. 3. Private security activities and services shall be provided with absolute respect for the Constitution and subject to the provisions of this law and the rest of the legal system. Private security personnel will be involved in their actions to the principles of integrity and dignity; protection and correct treatment of people, avoiding abuse, arbitrariness and violence and acting with congruence and proportionality in the use of their powers and the means available. 4. Private security companies and personnel shall have a special duty to assist the Security Forces and Forces in the exercise of their duties, to assist them in their cooperation and to follow their instructions in relation to persons, the goods, establishments or vehicles of which the protection, surveillance or custody is responsible. "

Two. Article 7 is worded as follows:

" Article 7.

1. The provision of private security services referred to in Article 5 of this law shall be carried out by security undertakings, which may take the form of a natural person or a legal person.

2. For the provision of the services and private security activities referred to in this law, security undertakings shall obtain the appropriate administrative authorization in respect of the procedure to be determined in accordance with the law. must meet the following requirements:

(a) To have for exclusive social purpose all or any of the services or activities referred to in Article 5.

(b) Having the nationality of a Member State of the European Union or of a State party to the Agreement on the European Economic Area. (c) Contar with the human, training, financial, material and technical means to be determined in regulation. In particular, where services are provided for which the use of arms is required, measures shall be taken to ensure their proper custody, use and operation in the manner determined. (d) to subscribe to a contract of liability insurance or to provide other financial guarantees in the amount and under conditions to be determined in accordance with the rules. (e) a guarantee is established that the Spanish authorities are to be determined to deal with the responsibilities arising from the operation of the company for infringements of the private security regulations.

3. For the purposes referred to in paragraph 2 (d) and (e), account shall be taken of the requirements already required in the Member State of origin as regards the subscription of the contract of civil liability insurance or other financial guarantees, as well as with regard to the establishment of bonds.

4. Security undertakings, whether natural or legal persons, 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 Parties to the Agreement on the European Economic Area shall be registered in the Register of Security Enterprises carried out in the Ministry of the Interior, to which effect they must prove their status as security companies and the fulfilment of the requirements established in this Law, in the form that is determined to be regulated. 5. The loss of any of the above requirements will result in the cancellation of the registration, which will be agreed upon by the Minister of the Interior, in a reasoned decision dictated by the interested party. 6. Without prejudice to the provisions of the foregoing paragraphs, to security undertakings which are solely for the purpose of installing or maintaining appliances, devices and safety systems, as well as the advice and planning of security activities, may be exempted from compliance with any of the requirements included in this Article, where this is determined by regulation. "

Three. Article 9 is worded as follows:

" Article 9.

1. Where security undertakings are in the form of a legal person, they shall meet the requirements laid down in the commercial law.

2. The undertakings referred to in the preceding paragraph shall be obliged to inform the Ministry of the Interior of any changes in the ownership of the shares or units and those affecting their share capital, within 15 years. days after modification. 3. Likewise, in the same period, they shall communicate any changes to their Statutes and any variation in the personal composition of the administrative and management bodies of the undertakings. "

Four. Article 10 is worded as follows:

" Article 10.

1. For the exercise of the private security functions, the staff referred to in Article 1 (2) of this law shall obtain prior authorisation from the Ministry of the Interior, with the status of authorization. administrative, on file which shall be instructed at the request of the person concerned.

2. For the purpose of obtaining the rating referred to in the preceding paragraph, applicants shall meet the following requirements:

(a) Having 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.

b) Being of age and not having reached, where appropriate, the age to be determined by regulation. (c) Possession of the physical fitness and mental capacity required for the performance of the functions. (d) to carry out appropriate tests to establish the knowledge and capacity necessary for the performance of his duties. (e) Criminal records. (f) Not having been punished in the previous two or four years for serious or very serious infringement, respectively, in matters of private security. (g) have not been separated from the service in the Armed Forces, Forces and Security Corps, or have exercised control functions in the entities, services or activities of private security, surveillance or investigation, or of their personnel or means; as members of the Security Forces and Corps, in the previous two years. (h) Not having been convicted of unlawful interference in the field of the protection of the right to honour, personal and family privacy and the image itself, the secrecy of communications or other fundamental rights, within five years prior to the request.

3. 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 Member State or State party to the Agreement on the European Economic Area, which authorizes them for the exercise of their functions; private security in the same.

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) Those provided for in points (b), (e), (g) and (h) of paragraph 2 of this Article.

4. 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 It may be replaced by the compensatory measures provided for in the existing rules on the recognition of professional qualifications.

5. The loss of any of the indicated requirements will result in the cancellation of the rating, which will be agreed upon by the Minister of the Interior, in a reasoned decision dictated by the interested party. 6. The inactivity of the security staff for more than two years will require their submission to new tests to be able to perform the functions that are their own. "

Single additional disposition. Changes in the regulation of private detective activity.

Within two months of the entry into force of this Royal Decree-Law, the necessary regulatory changes will be made to ensure the mutual recognition of professional qualifications for the financial year. of the activity of private detective.

Single repeal provision. Repeal effectiveness.

1. As many provisions of equal or lower rank are repealed, they contradict or are incompatible with the provisions of this Royal Decree-Law.

2. However, the forecasts contained in the Private Security Regulation, approved by Royal Decree 2364/1994 of 9 December 1994, which require, pursuant to the provisions of this Royal Decree-Law, a subsequent amendment, will continue to be (a) implementation of the regulatory adjustment. 3. The regulatory changes referred to in the previous paragraph shall be adopted within two months of the entry into force of this Royal Decree-Law.

Single end disposition. Entry into force.

This Royal Decree-Law will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on September 14, 2007.

JOHN CARLOS R.

The President of the Government, JOSÉ LUIS RODRÍGUEZ ZAPATERO