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Royal Decree 1123 / 2001 Of 19 October, Whereby Partially Amending The Regulation Of Private Security, Approved By Royal Decree 2364 / 1994, Of 9 December.

Original Language Title: Real Decreto 1123/2001, de 19 de octubre, por el que se modifica parcialmente el Reglamento de Seguridad Privada, aprobado por Real Decreto 2364/1994, de 9 de diciembre.

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TEXT

The application of the current legal system of private security, during the years since the promulgation of Law 23/1992, of July 30, regulating the matter, and the process of dialogue, critical examination and diagnosis the situation of the legal system itself, which has recently been developed between the administration and the various sectors involved in this application, within the Joint Committee for the Coordination of Private Security, without putting into effect The main points of the system are many specific aspects, or of detail, but of no doubt important to the overall functioning of the one, which have been able to produce undesirable effects, distortions or unnecessary excesses, mainly related to the exercise of the functions of control that the Administration must carry out; aspects that must of course be corrected.

It is, above all, excesses in terms of the content of the book-records to be carried by security companies, by the exhaustive information that is required to incorporate them, making cumbersome, difficult and in good It is not possible to take the necessary steps to ensure that the rules governing the control of service contracts do not take due account of the functional requirements imposed on the sector; the inadequate delimitation of certain functions and the incompatibilities of the staff, which prevent the performance of services, considered essential, for verification and response to alarms; or for unjustified complications and delays in the processing of inspection and authorisation procedures for openings and transfers of offices, which is incompatible with the In addition to the need to improve, to ensure its effectiveness, the system of the installation of compulsory safety measures or to connect to the central receiving centres of the banking sector, in addition to the need for the alarms.

Some updates and improvements to the legal system of private security, reasonably requested by the economic and social sectors involved, require deep and long-standing interventions, as they require the amendment of Law 23/1992, so that only the necessary studies, with the planning and development of the relevant legislative process, can be carried out at the appropriate time; but most of the questions discussed In the above mentioned process of dialogue they are reflected in the Private security and in general provisions of a lower normative range, dictated in the development of the same, for whose reason nothing prevents-and, on the contrary, everything advises-that all possible corrections and improvements be carried out by means of rules with the rank of Royal Decree and Ministerial Order.

this is the case, because it is the improvement and improvement of the "status" of private security personnel and security companies, with measures of legal relaxation, administrative improvement and reduction of costs; promoting the effectiveness of private security, which is of great importance for the benefit of public security, and facilitating the operation of the sector, which indirectly influences the progress of the country's general economy.

Finally, it should be noted that this provision has been submitted to the procedure for information on technical standards and regulations, provided for in Directive 98 /34/EC of the European Parliament and of the Council of 22 June, which sets out a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98 /48/EC of the European Parliament and of the Council of 20 July on the transfer of technical regulations by the Royal Decree 1337/1999 of 31 July.

In its virtue, on the proposal of the First Vice President of the Government and Minister of the Interior, with the approval of the Minister of Public Administration, according to the Council of State and after deliberation of the Council of Ministers at its meeting on 19 October 2001,

D I S P O N G O:

Single item. Partial amendment of Royal Decree 2364/1994 of 9 December 1994.

The precepts contained in Articles 7.1; 14.1, second paragraph; 17.2; 19; 20; 21; 31.2; 34; 35; 39.1; 42.2; 48.2; 49.1 and 2; 50.1; 51.1; 54.2.a); 56.2; 57; 58; 59; 64.2; 70.1; 79.1.c), f) and g); 80.1; 83.1; 84.1; 97; 100; 104.4; 106; 107; 108; 110; 115; 121.b); 122.3; and 4. 1.o b) and 3.o; 135.1; 136; 139.1; 141; 144.1 and 3; 148.5 and 7.c), d) and e); 149.4.b) and 5; 150.12 and 18; 153.13; 159, and the single additional provision, of the Private Security Regulation, approved by Royal Decree 2364/1994 of 9 December 1994. written in the form that for each of them is expressed below. An additional second provision and a single derogation provision are also incorporated into the said Private Security Regulation.

One. Article 7 (1) is amended as amended. This Article is worded as follows:

" Article 7. Constitution of guarantee.

1. Security firms must provide a guarantee in the General Deposit Box, at the disposal of the authorities with sanctioning powers in this field, in order to ensure that the obligations entered into are met. of its operation.

2. The guarantee shall be in any of the modalities provided for in the regulatory regulations of the General Deposit Box, with the requirements laid down therein.

3. The security shall be maintained for the maximum amount of the amount for the duration 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. shall be returned within one month from the date on which the relevant acts of disposal have been carried out. "

Two. A second subparagraph is added to Article 14 (1). This Article is worded as follows:

" Article 14. General obligations.

1. In the development of their activities, the security companies are obliged to the special assistance and collaboration with the Security Forces and Corps. For these purposes, they shall communicate to those Forces and Bodies any circumstances and information relevant to the prevention, maintenance or restoration of citizen security, as well as the criminal acts of which they have knowledge in the development of such activities.

Security companies must communicate the high and low private security personnel to the relevant agencies of the Security Forces and Corps within five days of the the date on which they occur.

2. The provision of services for the protection of persons, the deposit, custody and treatment of valuable objects, and in particular those relating to the transport and distribution of goods, must always be carried out with due security guarantees. valuable objects and explosives or other dangerous objects, as regards their programming, as well as their itinerary.

3. The security services and activities must be carried out directly by the staff of the company contracted for their benefit, not being able to subcontract them with third parties, unless they do so with companies registered in the corresponding companies Registers and authorised for the provision of services or activities subject to subcontracting, and the same requirements and procedures as were prevented in this Regulation for procurement. Subcontracting shall not lead to the exemption of liability of the contracting undertaking.

4. The requirement of identity of dedication, in the case of subcontracting with undertakings for the supervision and protection of property, provided for in Article 49.4, shall not be required. '

Three. Article 17 (2) is amended by redrafting the first subparagraph and incorporating a second subparagraph into point (a). This Article is worded as follows:

" Article 17. Opening of branches.

1. Security firms intending to open branches or branches will request it from the Directorate-General of the Police, accompanying the following documents:

(a) Inventory of the material goods which are intended 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) Relationship of the staff of the delegation or branch, with the expression of their position, category and number of the national identity document.

2. Security firms must open branches or branches, giving knowledge to the Directorate-General of the Police, with input from the documents referred to in the previous paragraph, in the cities of Ceuta or Melilla or in the provinces in which not radiolabelled its principal place of business, when performing in such cities or provinces any of the following activities:

a) Deposit, custody, count and classification 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, armor or safes, and the corkhouse and local aniges, referred to in paragraphs 3.1.b) and 3.1.c) of the Annex for valuable and dangerous objects, and with for the provision of security guards and armers or safes, as referred to in paragraphs 3.2.b) and 3.2.c) of the Annex, in respect of explosives.

However, where the amount to be kept by such delegations or branches does not exceed one hundred million pesetas, provided that at least fifty per cent is in fractional currency, the vault may be replaced by a safe 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 is greater than thirty and the duration of the service, in accordance with the contract or the carry-overs this is equal to or greater than one year. '

Four. Article 19 is worded as follows:

" Article 19. Record-books.

1. Security firms shall carry out the following record-books:

a) Companies that are required to have security system installed, book-catalog security measures.

b) Book-record of communications to the Security Forces and Corps, in which they will be noted how many they perform on aspects related to citizen security, date of each communication, organ to which he addressed and indication of its contents.

2. The format of the records of the records will be in accordance with the rules that the Ministry of the Interior will approve, in such a way as to make possible their processing and processing and computerized processing.

3. Both the general register and the specific books determined in this Regulation for each activity will be carried out at the main headquarters of the company and in its delegations or branches, and must always be at the disposal of the Members of the National Police Corps and the corresponding Autonomous Police, who are in charge of their control.

4. In the absence of the director, administrator or head of security, the records indicated shall be provided by the staff present in the undertaking, which shall be designated for that purpose during the inspections carried out by the members of the said members. Bodies or Police. "

Five. Article 20 is worded as follows:

" Article 20. Service contracts.

1. Security undertakings shall communicate at least three days ' notice on an individual basis for each service, the initiation of the service, indicating the place of supply, the class of activity, the natural or legal person his address, as well as the expected duration of the contract.

The communication of the contracts shall be made by any means which permits to be recorded, in the provincial or local police station where the contract is concluded, or, in the places where the contract is not exist, in the barracks or posts of the Civil Guard, which shall transmit it or transmit it as a matter of urgency to the police station corresponding to the place in which the service is to be provided; and may be carried out in any case, in the respective offices or posts of the Civil Guard. guard services or inspections.

The modifications of the contracts will be communicated, in the same form and deadlines, to the police agencies mentioned above.

The format of contracts and communications shall be in accordance with the rules and models laid down by the Ministry of the Interior, without prejudice to the possibility of addition in contracts, of complementary agreements for aspects not covered by this Regulation.

In any event, the contracts shall remain at the premises of the security undertakings at the disposal of the competent Security Forces and Bodies bodies in matters of inspection and control, for a period of five years. from the end of the service object of the contract.

2. In cases where contracts are concluded with public administrations or are in the process of being dealt with by public authorities, where they are not formalised before the start of the service, security firms must provide, where appropriate, the advance notice referred to in the preceding paragraph, the authorized copy or the undertaking's declaration of the offer made, to the knowledge of the circumstances referred to in the clauses by the bodies responsible for the inspection and control, without prejudice to the communication in the format of the contract data once formalized the same, which must remain at the headquarters of the company at the disposal of the competent organs of the Security Forces and Corps.

3. Where exceptional circumstances of theft, fire, damage, disasters, social conflicts, breakdowns of safety systems or other causes of similar gravity or extraordinary urgency, the immediate provision of service is necessary. whose prior organisation would have been objectively impossible, shall be notified by the quickest procedure available, before the service is provided, of the data listed in the first subparagraph of paragraph 1 of this Article to the corresponding police dependency, indicating the determining causes of the urgency, and the company is obliged to formalize the contract within seventy-two hours after the initiation of the service, and the contract must remain in the company's headquarters at the disposal of the competent organs of the Forces and Security Corps.

The security services referred to in the preceding paragraph may be provided with weapons, giving account to the competent police unit, where the described cases are produced in establishments which are obliged to security measures which are cancelled by the circumstances set out above, or by others, with a serious risk to the integrity of the protected property and taking into account the size and importance of the goods. "

Six. Article 21 is worded as follows:

" Article 21. Contracts with defects.

When the communication, the contract or the offer of services of the security companies do not conform to the requirements prevented, the Subdelegation of the Government-which will be able to delegate to the corresponding Head Office or Commissioner Provincial of Police-shall notify them of the deficiencies, as a matter of urgency, for the purpose of being remedied within the following five working days, with a warning that, if they do not do so within the prescribed period, the documents shall be filed without further processing, not being able to start the service delivery, or continue it if you already have begun. "

Seven. New wording is given to Article 31 (2). This Article is worded as follows:

" Article 31. Particularities of these services.

1. In the case of contracts in which the provision of deposit and custody services is concerned, the nature of the objects to be deposited or guarded and, where appropriate, classified as well as an assessment thereof shall be recorded.

2. Undertakings engaged in the provision of such services shall carry a deposit-record of deposits, the format of which shall be in accordance with the rules to be approved by the Ministry of the Interior. '

Eight. Article 34 is worded as follows:

" Article 34. Road map.

1. The collection and delivery operations performed by each vehicle shall be recorded daily on a road map, which may be computerised on a continuous basis, and shall be filed in numerical order in book format, or in any other that respects its sequence, containing the data determined by the Ministry of the Interior.

Police officers in charge of the inspection may require the display of roadmaps at any time during the course of the activity, with those, or the magnetic or digital support in place, to be retained. the information, for five years, at the headquarters of the company or the corresponding delegations, or in premises of companies specialized in the documentation file-in this case with knowledge of the police service corresponding.

2. In the case of transport and distribution of explosives, the road map shall be replaced by the analogous documentation which, for the circulation of such substances, is laid down in the Explosives and Supplementary Regulations Regulation. "

Nine. Article 35 is worded as follows:

" Article 35. Record-book.

Companies engaged in the transport and distribution of securities shall carry a record-book, the format of which shall be in accordance with the rules approved by the Ministry of the Interior. "

Ten. New wording is given to Article 39 (1). This Article is worded as follows:

" Article 39. Material scope.

1. They may only perform the operations of the installation and maintenance of electronic security systems against theft and intrusion and fire at authorized companies. They will not need to be registered as security companies when they are dedicated only:

(a) For the placing of alarms or other acoustic or optical warning devices against theft or intrusion into vehicles not specifically regulated in this Regulation or in the provisions for the development of such vehicles for security purposes private.

b) To the prevention of fire safety.

However, the provision to third parties of services of reception, verification and transmission of the alarm signals, as well as their communication to the Security Forces and Corps, must be carried out by security companies. alarm centre operators.

2. The installation of automatic markers programmed to transmit alarms directly to the dependencies of the Security Forces and Corps is prohibited. "

Once. Article 42 (2) is reworded as follows: This Article is worded as follows:

" Article 42. Installation certificate.

1. Safety system installations must comply with the provisions of the regulatory rules for electrical installations in the case of application.

2. In the case of the installation of mandatory security measures, in undertakings or private entities which do not have a security department, or where such undertakings or entities are to be connected to alarm centres:

a) The installation must be preceded by the elaboration and delivery to the user of an installation project, with levels of coverage appropriate to the architectural characteristics of the enclosure and the risk to be covered, according to the technical criteria of the installation company itself and, possibly, those of the competent police unit, all in order to achieve the maximum possible degree of efficiency of the system, of reliability in the verification of the alarms, user collaboration, and avoidance of false alarms.

b) Once the installation has been carried out, the installation companies will carry out the necessary checks to ensure that their preventive and protective purpose is met, and that it is in accordance with the contracted project and with the (a) a certificate stating the positive result of the checks carried out must be submitted to the entity or establishment by a user.

3. If the security installation is connected to a central alarm system, the characteristics to be determined by the Ministry of the Interior shall be collected, and the certificate referred to in the preceding paragraph shall be issued by both companies, jointly or separately, in such a way as to ensure their overall functionality. "

Twelve. Article 48 (2) is reworded as follows: This Article is worded as follows:

" Article 48. Operation.

1. The alarm centre must be kept permanently by the operators necessary for the provision of the services, which may in no case be less than two, and which shall be responsible for the operation of the receivers and the transmission of the alarms they receive.

2. Where an alarm is raised, the power stations shall immediately carry out their verification with the technical and human resources at their disposal and shall communicate the actual alarms produced to the police service. "

Thirteen. Article 49 (1) and (2) are amended as follows: This Article is worded as follows:

" Article 49. Key custody service.

1. Operators of alarm centres may, in addition, be able to recruit with the holders of the connected enclosures, a key custody service, alarm checks by posting to the premises themselves, and (a) in accordance with the conditions laid down by the Ministry of the Interior, to which they must be provided with the required number or safety deposit in accordance with Article 25 of that Regulation.

Industrial, commercial or service companies that are authorized to have central alarm bells, dedicated exclusively to their own security, will be able to hire the same services with an authorized security company for surveillance and protection.

2. The personal verification services of the alarms and the response to them shall be carried out, in any case, by means of security guards, and shall consist, respectively, in the inspection of the premises or premises, and in the transfer of the keys of the property of which each alarm shall proceed, in order to facilitate the members of the Security Forces and the Security Corps with information on the possible commission of criminal acts and their access to the property.

For the purposes set out above, the inspection of the interior of the buildings by the security guards must be expressly authorized by the owners of the buildings, in writing in the corresponding contract for the provision of services.

3. Where the number of custody services or the distance between the buildings is suitable for the undertaking and for the police services, the latter may, subject to the authorization of the latter, arrange for the keys to be kept in custody. by security guards without weapons in a car, connected by radio-telephone with the alarm center. In this case, the keys must be coded, the codes being unknown to the guard that will carry them and varied periodically.

4. For the services referred to in the previous two paragraphs, security guards may be provided with security guards by the operators of security guards, without the need to be registered and authorised for the purposes of the surveillance activity and the protection of property, or to subcontract such a service with a company of this specialty. "

Fourteen. Article 50 (1) is reworded as follows: This Article is worded as follows:

" Article 50. Disconnection by false alarms.

1. In the case of connection of devices, devices or safety systems with a central alarm system, irrespective of the liability and penalties to be imposed, where the system originates two or more false alarms within one month, the Government Delegate, who may delegate to the Chief of Police, shall require the holder of the protected goods, through the appropriate police dependency, to proceed as soon as possible to the (i) the correction of the deficiencies which give rise to false alarms.

2. For the purposes of this Regulation, any alarm that is not determined by facts likely to produce the police intervention is considered to be false. The mere repetition of an alarm signal caused by the same fault within 24 hours of the time when the alarm is produced shall not be such a consideration.

3. In the event of failure to comply with the requirement, the operator of the alarm centre shall be ordered to make the system's immediate disconnection with the plant itself, for the period considered appropriate, which may be up to a year of duration, unless the deficiencies leading to the disconnection are remedied in a shorter period of time, the third disconnection being final, and the compliance with the provisions of Article 42 of this Regulation is required for a new connection. Regulation. During the time of disconnection, the owner of the property or protected property shall silence the internal and external sirens of the security system.

4. During the time that a security system remains disconnected as a result, your operator may not arrange the alarm centralization service with any security company.

5. Without prejudice to the opening of the relevant file, the security system shall not be removed when the holder is obliged, in accordance with the provisions of this Regulation, to have such a security measure.

6. When the owner of the property or protected by the security system does not have contracted the service of centralization of alarms and will perform it himself, the provisions

be applied

in paragraph 1 of this Article, in any event, the obligation to silence the internal and external sirens held by such a security system, without prejudice to the liability in which it could have been (i)

Fifteen. Article 51 (1) is reworded as follows: This Article is worded as follows:

" Article 51. Records-records.

1. An alarm system shall be carried out by the holding companies of the alarm centre, the model of which shall be in accordance with the rules approved by the Ministry of the Interior, in such a way as to enable its processing and processing and computerisation.

2. The alarm centres which have contracted key custody service shall indicate in the book-record of contracts which of these include that service. "

Sixteen. Article 54 (2) (a) is reworded as follows: This Article is worded as follows:

" Article 54. Specific requirements.

1. In addition to the general requirements laid down in the previous Article, the security personnel shall, in order to be eligible, meet the requirements of this Article, depending on their specialty.

2. Security guards and particular field guards:

a) Not having been fifty-five years old.

b) Be in possession of the degree of School Graduation, Undergraduate in Secondary Education, First Degree Professional Training, or other equivalents or superiors.

(c) The necessary requirements 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 1.65 meters for women.

4. Safety chiefs: to be in possession of a Multi-purpose Unified Baccalaureate, Baccaller, Second-degree vocational training, technician of the professions or qualifications to be determined, or other equivalents or superiors.

5. Private detectives:

(a) To be in possession of a Multi-purpose Unified Baccalaureate, Baccaller, Second-degree Professional Training, technician of the professions or qualifications to be determined, or other equivalents or superiors.

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 corresponding tests.

(c) Not to be an official of any of the public administrations in active, at the time of the application, or during the two years preceding it. "

seventeen. Article 56 (2) is reworded as follows: This Article is worded as follows:

" Article 56. Previous training.

1. The security guards and the particular guards of the field in their different modalities will have to overcome the professional theoretical-practical training modules associated with the mastery of the competences that the Law attributes to them.

The knowledge, skills, skills and attitudes to be achieved in these modules, as well as their duration, will be determined by the Ministry of the Interior, following a favourable report from the Ministries of Education and Science, and Work and Social Security, as well as the Ministry of Agriculture, Fisheries and Food, with regard to the particular field guards, and the Ministry of Industry and Energy, with regard to security guards, explosives and explosives dangerous substances.

2. These training modules shall be provided by the training centres approved by the Secretariat of State for Security, which shall have a table of teachers duly accredited for all the matters covered by the plan of studies, and may provide, in the form of distance learning, the lessons to be determined, except in any case those of a technical-professional nature, instrumental, technical-operational content and laboratory and (i) the number of cases in which the case is based. at least as long as the Ministry of the Interior determines. "

Eighteen. Article 57 is worded as follows:

" Article 57. Permanent training.

1. In order to keep up to date the level of competence and knowledge necessary for the exercise of the tasks assigned to private security personnel, security undertakings, through the approved training centres, shall ensure that the organisation and assistance of its private security personnel to courses, adapted to the different personnel arrangements, updating in matters which have undergone substantial change or development, or in those which are appropriate greater specialisation.

2. For security guards, the refresher or specialization courses shall be of at least 20 hours; each guard must be at least one per year, and shall be carried out in a manner determined by the Ministry of Education. of the Interior. "

nineteen. Article 58 is worded as follows:

" Article 58. Testing. Content.

Applicants who have passed the course or courses referred to in Article 56 shall, by themselves or through an approved training centre, request their participation in the official tests of knowledge and capacity which they have obtained. for each specialty, establish the Ministry of the Interior, and they will deal with social, legal and technical matters related to the respective functions, as well as, where appropriate, on the handling of firearms.

Once the evidence has been exceeded, the relevant police authorities shall issue the appropriate ratings. "

Twenty. Article 59 is worded as follows:

" Article 59. Documentation.

With the application, the documents certifying compliance with the general and specific requirements determined in Articles 53 and 54 shall be submitted. "

Twenty-one. Article 64 (2) is amended.

This article 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 special requirements referred to in Section 1.a of this Chapter.

c) By retirement.

d) By execution of the final withdrawal sanction of the enablement.

2. The inactivity of the security staff 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 to be carried out. this is determined by the Ministry of the Interior. '

Twenty-two. A second subparagraph is added to Article 70 (1). This Article is worded as follows:

" Article 70. Incompatibilities.

1. The watchmen, within the entity or undertaking where they provide their services, shall be exclusively dedicated to the security function of their office, not being able to join the same with other missions (article 12.2 of the LSP).

It will not be considered excluded from the role of security, proper to the vigilantes, the carrying out of complementary activities, directly related to that and essential for its effectiveness.

2. The functions of private escort, explosives guard and private detective are incompatible with each other and with the other functions of private security personnel, even in the cases of multiple enablement. The private security personnel shall not be compatible with their functions either, with the exception of security chiefs, with the exercise of any other activity within the undertaking in which they perform their services. '

Twenty-three. Paragraphs (c) and (f) are reworded and a subparagraph (g) is added to Article 79 (1). This Article is worded as follows:

" Article 79. Action on the exterior of buildings.

1. The watchdogs may only perform their duties within the buildings or buildings whose surveillance and security they are responsible for, except in the following cases:

(a) The transport and distribution of coins and banknotes, securities and other objects which, due to their economic value and expectations, may require special protection.

(b) the handling or use of valuable goods, machinery or equipment to be carried out on public or common roads where such operations, goods or equipment are to be protected by security guards; from outer space, immediately surrounding.

(c) The alarm and response verification services referred to in Article 49 of this Regulation.

(d) The alleged persecution of criminals caught in flagrant crime, as a result of the performance of their duties in relation to the persons or goods subject to their surveillance and protection.

e) The situations in which this is required for humanitarian reasons related to such persons or property.

(f) Withdrawal and replacement of funds at ATMs, as well as the provision of services for the supervision and protection of cashiers during such operations, or in the repair of breakdowns, outside the hours regular hours to the public in the respective offices.

(g) Exceptional movements outside the buildings which are the object of protection for the performance of activities directly related to the functions of surveillance and security, taking into account, where appropriate, the instructions from the competent organs of the Security Forces and Corps.

2. The limitations set out in the preceding paragraph shall not apply to the surveillance and private security protection services of the means of transport and their infrastructures which have specific and exclusive routes of movement, coordinated when appropriate with the services of the Security Forces and Corps. "

Twenty-four. New wording is given to Article 80 (1). This Article is worded as follows:

" Article 80. Service in industrial estates or housing estates.

1. The security service on common routes belonging to industrial estates or isolated housing estates shall be provided by a single security undertaking and shall be carried out during the night time by means of two security guards, at least, They must be connected to each other and to the security company by radio communication and to have adequate means of travel to the extension of the polygon or urbanization.

2. The provision of the service in the industrial estates or housing estates shall be authorized by the civil governor of the province, after verification, by means of a report of the competent units of the Security Forces and The following requirements are met:

(a) That the polygons or urbanizations are clearly delimited and separated from the populated nuclei.

b) That there is no continuity solution, between different parts of the polygon or urbanization, by means of communication beyond them, or by other factors. Where there is or is a continuity solution, each part shall be considered as an autonomous polygon or urbanisation for the purposes of this Article.

c) That public use of the streets of the polygon or urbanization is not carried out by traffic or frequent circulation of vehicles other than the same.

d) That the municipal administration has not taken over the management of the common elements and the provision of municipal services.

e) That the polygon or urbanization has specific and global administration that allows for the adoption of common decisions.

3. Irrespective of the provisions of paragraph 1, the holders of the goods which integrate the polygon or urbanisation may arrange with different security undertakings to protect their premises, buildings or premises, but in this case The security guards shall perform their duties within the premises of the premises, buildings or premises.

4. When in the performance of their mission in industrial estates or urbanizations, and regardless of the exercise of the function that corresponds to them in the control of accesses, the identification of some person, the vigilantes the reflect on a service part, which will then be delivered to the premises of the Security Forces and Corps. "

Twenty-five. New wording is given to Article 83 (1). This Article is worded as follows:

" Article 83. Responsibility for the custody of the weapons.

1. Security companies shall be responsible for the preservation, maintenance and proper functioning of the weapons, and the security, security, care and correct use of the weapons during the service.

2. From the obligation to deposit the weapon in the place of work, the security officer and the security chief, and the security officer, the security officer, the security chief or the head of the security firm shall be responsible for depositing the weapon. security company.

3. Of the loss, theft or theft of the weapons, as well as, in any case, their absence from the armrest when they must be deposited in the same one must immediately account for the dependencies of the Security Forces and Corps. "

Twenty-six. Article 84 (1) is reworded as follows: This Article is worded as follows:

" Article 84. Shooting exercises.

1. Security guards who provide services with weapons must carry out a mandatory shooting exercise in the semester, and any other persons who may provide such services, for being in possession of the corresponding arms licenses, even if the They are deposited in the Civil Guard's Arms Interventions, a mandatory shooting exercise a year. In both cases, the number of shots to be determined by the Ministry of the Interior shall be carried out. No more than eight months shall elapse between two successive years of the first, or more than 14 months between two successive exercises of the latter.

The lack of performance or the negative result of a shooting exercise may result in the temporary suspension of the corresponding arms license until the exercise is performed with a positive result.

2. If necessary, for the compulsory training of the guards who do not have arms, they shall be transferred by the head or security officer of the undertaking who is in possession of such an object, the transfer being carried out with the protection of an armed vigilante, by going the weapons unloaded and separated from the cardboard, in accordance with the provisions of the Rules of Arms. "

Twenty-seven. Article 97 is worded as follows:

" Article 97. Communication with the Security Forces and Corps.

Security chiefs, as well as security directors, will channel the communications referred to in Article 66 of this Regulation to the dependencies of the Security Forces and Corps, and will be required to appear in the information or coordination meetings to be held by the competent law enforcement authorities. "

Twenty-eight. Article 100 is worded as follows:

" Article 100. High and low communication.

Security companies and entities with security department will communicate to the Police Directorate General the ups and downs of security chiefs and security directors, respectively, within five years. days after the date on which they occur. "

Twenty-nine. Article 104 (4) is reworded as follows: This Article is worded as follows:

" Article 104. Special register.

1. The Directorate General of the Police will take a private detective register with open office, in which, with the registration number, the name, registered office and, if any, associated detectives will appear dependent, authorised in accordance with the provisions of the applicable provisions of Articles 52 to 65 of this Regulation, and delegations or branches which are dependent on them, as well as the trade name they use. The Directorate-General of the Police shall communicate this information to the relevant organ of the Autonomous Community in due course.

2. For the commencement of the development of the duties of the private detective and his associated detectives, the opening of the office shall be reviewed in the Register referred to in the preceding paragraph, and the holder and the associates shall be in possession. of the corresponding professional identity cards. The private detectives ' own activities may not be advertised without being registered in the Register.

3. The registration of the office in that Register shall be carried out on the basis of a procedural instruction, initiated at the request of a person concerned, in which it shall be established, if it is no longer in the body responsible for the registration, that the general requirements as set out in Article 53 of this Regulation, and of the specific requirements referred to in Article 54.5 thereof, as well as that of having caused high in the Economic Activities Tax.

4. The registration of dependent or associated detectives shall be agreed upon request of the detective holder of the office to be dependent, attaching, in the case of employment relationship, document

accrediting the discharge of those in Social Security.

5. The procedures for the registration of private detective dispatches shall apply to the procedures provided for in Articles 8 and 9 of this Regulation, on the subject of defects, resolutions, notifications and appeals.

6. The registration number and the date on which it was agreed shall be communicated to the person concerned, who shall record that number in his advertising, documents and reports.

7. Any variation in the registration data, as well as those relating to dependent or associated detectives and to delegations or branches, shall be communicated within 15 days of the date on which it is produced for the purposes of its possible incorporation into the Special Register, to the Directorate-General of the Police, which shall transmit it in a timely manner to the relevant body of the competent Autonomous Community. "

Thirty. 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 by a Detective authorised in accordance with the provisions of this Regulation, other than the head of the main office. '

Thirty-one. Article 107 is worded as follows:

" Article 107. Opening of branches.

For the effectiveness of the provisions of the previous article, they must inform the Directorate General of the Police, which will give the competent Autonomous Community, the opening of the delegation or branch, with the determination of their location, and accompanying the documents relating to the detectives to work on the site. "

Thirty-two. Article 108 is worded as follows:

" Article 108. Record-book.

In each office and branches, 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. "

Thirty-three. Article 110 is worded as follows:

" Article 110. Responsibility.

Private detectives and detective societies shall be liable to the civilly nature of the actions or omissions in which, during the execution of their services, the detectives who are dependent or associated with them are involved. "

Thirty-four. Article 115 is worded as follows:

" Article 115. Optional safety department.

Industrial, commercial or service undertakings, and public and private entities, which, without being obliged to do so-not to be included in the cases referred to in Article 96 of this Regulation-intend to organise its security department, with all or any of the tasks listed in the following article, must have a security director at the front of it, and communicate it to the Government Subdelegation, if the scope of action is not the territory of a province, and, in any case, the Director-General of the Police. "

Thirty-five. The second subparagraph of Article 121 (b) is amended. This Article is worded as follows:

" Article 121. Requirements of the vault and rental boxes.

Battleship and rental compartment cameras shall have the characteristics and level of resistance determined by the Ministry of the Interior, and shall be provided with the following security measures:

(a) A mechanical or electronic device that allows the door to be blocked from the closing time of the establishment until the first hour of the following working day.

b) Delayed automatic opening system, which must be activated during the working day, except for the chambers of the rental compartments, which must be equipped with electronic system for detecting connected attacks 24 hours.

In cases where the cameras are shortened, in order to allow access to their interior in case of emergency, they can be free of any blocking or timing device, always their keys are deposited for safekeeping in another branch of the same entity or group.

(c) Seismic Detectors, Microphonic detectors or other devices to detect any attack through the roofs, walls or floor of the battleship chambers or the rental boxes.

d) Volumetric detectors.

e) Mirillas eye fish or similar devices, or closed circuit television inside, connected with volumetric detection or video sensor, with projection of images on a monitor visible from the outside.

These images must be transmitted to the alarm center or, otherwise, the entity must have the key custody service for the response to the alarms. "

Thirty-six. In Article 122, new wording is given to the first subparagraph of paragraph 3 and a final subparagraph is added to paragraph 3; new wording is given to paragraph 4.1.a (b) and, in this paragraph, the paragraph 3 is added. worded as follows:

" Article 122. Safes, cash dispensers and ATMs.

1. The safes must have the levels of resistance determined by the Ministry of the Interior, and will be protected with the devices of blocking and automatic delayed opening, in accordance with the provisions of the previous article. When their weight is less than 2,000 kilograms, they shall also be anchored, fixed, in reinforced concrete structures, to the floor or to the wall.

2. For the operation of the establishment or office, the auxiliary boxes, in addition to the cash drawer where the cash required to carry out the operations are deposited, shall be provided with the possibility of deposit of cash in his/her internal, so that it is necessarily subject to delayed opening for extraction.

3. Cash dispensers shall be constructed with resistance materials to be determined by the Ministry of the Interior, and must be connected to the alarm centre during the time of public attention.

For these purposes, it is considered cash dispensers which, being provided with delayed automatic opening system and possibility to admit income, allow automatic dispensing of cash against accounts. Current, accounting or savings books, free of all, up to the amount determined by the Ministry of the Interior.

Where in an establishment or office all auxiliary boxes are replaced by cash dispensers, the facilities referred to in Article 120.1 (d) and (e) of this Regulation shall not be required. However, auxiliary boxes may be available for use in the event of a breakdown of cash dispensers.

4. ATMs must be protected by the following security measures:

1.o When installed in the lobby of the establishment:

a) Armored access door with glazing resistant to at least the manual impact of the level determined, and internal locking device.

(b) A delayed automatic opening device at the door of access to the cash deposit, which may be deactivated, during loading operations, by the security guards responsible for such operations, notice, where appropriate, to the controller of the security systems.

c) Seismic detector on the back.

2.o Where the measures provided for in paragraphs (b) and (c) above are installed on a facade or within the inside perimeter of a building.

3.When installing inside buildings, buildings or buildings, provided that they are equipped with permanent surveillance with weapons, ATMs are exempt from the previous measures. of security, and shall only be required to be anchored to the ground or wall when its weight is less than 2,000 kilograms.

5. If ATMs are to be installed in open spaces, and shall not be part of the perimeter of a building, they shall have a cabin anchored to the ground, of the characteristics to be determined, and shall be protected by the measures referred to in paragraph 1. Paragraph 1. above. '

Thirty-seven. A second subparagraph is added to Article 135 (1). This Article is worded as follows:

" Article 135. Review. Book-catalog.

1. For the purpose of maintaining the operation of the various security measures provided for in this Title and of the achievement of the preventive and protective aim, each of them, the address of each institution or establishment (a) the obligation to have electronic security measures shall provide for the review and implementation, on a quarterly basis, of such measures by specialised personnel of security undertakings, or if appropriate means are available, no more than four months between two successive revisions, and shall record the revisions and set-ups to be carried out in a book-catalogue of the installed ones, according to the model approved according to the rules of the Ministry of the Interior, conceived in such a way that it can be object of treatment and file mechanized and computerized.

This book-catalog will also be mandatory for industrial, commercial or service companies, connected to alarm centers.

2. Where the facilities permit the verification of the status and operation of each of the elements of the system from the alarm centre, the preventive checks shall be carried out on an annual basis, not more than 14 days. months between two successive months. "

Thirty-eight. Article 136 is worded as follows:

" Article 136. Authorisation.

1. Where the opening or transfer of an establishment or office is intended, the premises or facilities of which may have, in all or some of its services, security measures determined in this Regulation, the person responsible for the establishment or request the authorization of the Government Delegate, who will order the examination and verification of the installed security measures and their proper functioning, to the officials who have legally assigned these powers.

Until such verification takes place, the opening of the establishment or office may be provisionally authorised by the competent police authority for a maximum period of three months, provided that it is temporarily implanted. the service of security guards with weapons.

In the case of the reform of an establishment or office, previously authorised, involving the adoption or modification of security measures, the communication to the competent police agencies shall be sufficient for their check.

2. The inspection shall be carried out without finding any deficiencies in the safety measures required, the establishment may continue its activities without the need for the armed surveillance service until the final authorisation takes place, or to proceed to the provisional opening, if it had not done so before, by which the favourable inspection report is sufficient.

3. If there are deficiencies in the mandatory safety measures, a copy of the inspection report shall be delivered to the undertaking or entity concerned for the purpose of the sub-healing of those measures within a maximum period of one month, and the sub-healing to be communicated to the undertaking. competent police dependency for the purpose of re-testing. During the period of time, the establishment may remain in operation provided that it has the service of security guards with weapons.

After that period without the undertaking or entity concerned having communicated the remedy for the deficiencies, the establishment or office shall be closed until the sub-healing of the deficiencies has been established by means of the corresponding inspection report.

4. In the event that the applicant company or entity does not receive any indication or communication within three months of the date

for the submission of the application for authorisation, or in the month of one month from the date of submission of the communication relating to the remedy for deficiencies, the opening or transfer of the establishment may be understood to be authorised. approved the reform.

5. Non-compulsory security measures and reforms which do not affect the essential elements of the security system, which are installed in such establishments or offices, will have to be communicated to the police agencies of the institutions. competent, prior to their entry into operation, but shall not be subject to prior authorisation.

6. The forecasts contained in this Article shall also apply to ATMs, in the case of installation and entry into operation, modification or transfer thereof. "

Thirty-nine. New wording is given to Article 139 (1). This Article is worded as follows:

" Article 139. Communication on liability policies.

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, a certificate of validity of the relevant policy. document the civil liability insurance contract.

2. In all cases of termination of the contract, the company will have to make timely arrangements, so that no continuity solution can be found in the coverage of the liability, a new policy that meets the requirements set out in the contract. Article 5 (1) (c) and in the Annex to this Regulation, by crediting it with the Register of Security Enterprises. "

Forty. Article 141 is worded as follows:

" Article 141. Annual memory of the private detectives.

Private detectives shall submit to the Secretariat of State for Security, within the first quarter of each year, a memory of the activities of the preceding year, in which the relationship of services performed shall be recorded, the physical or legal status of the persons with whom they were concerned, in the latter case the specific sector and the specific activity in question, the nature of the services provided, the criminal acts which are (a) the European Community's internal market, the European Community, the European Community, the European Community, communicated. '

Forty-one. New wording is given to paragraph 1 and Article 144 (3) is incorporated. This Article is worded as follows:

" Article 144. Inspections.

1. Apart from the development of the inspection plans they have established, when they receive complaints about irregularities committed by companies or security personnel, or by training centres or their staff, the police inspection services and the check shall be carried out on the verification of the facts complained of and, where appropriate, the opening of the relevant procedure.

2. Provided that the indicated personnel carry out an inspection of security companies, public or private establishments, or private detectives ' offices:

a) Diligencyto the revised books, stating the deficiencies or anomalies that I will observe.

b) It shall carry out the necessary checks for the verification of the content reflected in the books, and the companies and the security personnel shall collaborate with this object.

(c) For each inspection, please extend the corresponding record, making a copy of the establishment responsible.

3. The acts of inspection, which shall be taken against measures, means and private security activities, may be carried out without distinction:

(a) In the company's head office, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, offices, and

(b) In buildings, spaces or places where private security services are provided. "

Forty-two. In Article 148, new wording is given to the first subparagraph of paragraph 5, and paragraphs (c), (d) and (e) are incorporated in paragraph 7. This Article is worded as follows:

" Article 148. Very serious infringements.

Companies may incur the following very serious violations:

1. The provision of security services to third parties, lacking the necessary authorization, including:

(a) The provision of security services without having obtained the registration and the authorisation of entry into operation for the class of services or activities concerned.

(b) The continuation of the provision of services in the event of cancellation of the registration or termination of the civil liability policy, without making another new one within the regulatory period.

(c) Subcontracting of private security services and activities with undertakings which do not have the necessary rating for the service or activity concerned, except in the cases where they are legally permitted.

2. The carrying out of activities prohibited in article 3 of the Law, on political or labor conflicts, control of opinions, collection of personal data with such object, or information to third persons about their clients or their staff, in the case that they are not a criminal offence.

3. The installation of non-approved material or technical means which are liable to cause serious harm to persons or to general interests.

4. The refusal to provide, where appropriate, the information contained in the regulatory records.

5. Failure to comply with regulations on the acquisition and use of arms, as well as on the availability of arms, conservation, maintenance, the proper functioning of arms, and the custody of weapons, particularly the possession of weapons by the staff to their service outside of the cases permitted by the Law, including:

(a) Possession of weapons other than the regulations determined for the service in question.

b) The possession of weapons lacking the guidance of belonging to them.

c) To award to the security personnel weapons other than the regulations established for the service.

d) Negligence in the custody of weapons, which may cause their abduction, theft or loss.

e) Caréer de armero with the appropriate approval or not to make use of it, in cases where it is required by this Regulation.

f) The performance of the mandatory shooting exercises by the security personnel without the presence or direction of the shooting instructor or, where appropriate, the security chief, or in breach of the provisions of the article 84.2 of this Regulation.

g) Provide weapons to personnel who lack the regulatory license.

6. The performance of security services with weapons outside the cases provided for in the Law and in this Regulation, as well as to commission services with weapons to personnel who lack the regulatory license.

7. The refusal to provide assistance or collaboration with the Security Forces and Forces in the investigation and prosecution of criminal acts, in the discovery and detention of the criminals or in the carrying out of the inspection or control functions which correspond to them, including:

(a) The lack of timely communication to the Security Forces and Corps of relevant information for the prevention, maintenance or restoration of citizen security.

b) The lack of timely communication of the criminal facts that they have knowledge in the development of their activities.

(c) The refusal to provide competent officials with contracts, record-books or regulatory roadmaps, which contain data relating to private security services.

(d) The refusal to provide such officials with access to the places where private security activities are carried out, or to provide services of this nature, except for private homes.

e) To prevent or hinder in any way the control of the provision of security services, when communication systems are established.

8. The commission of a third serious infringement in the period of one year. "

Forty-three. New wording is given to paragraph 4 (b) and to Article 149 (5).

This article is worded as follows:

" Article 149. Serious infringements.

Security companies may incur the following serious violations:

1. The installation of unapproved material or technical means, when the approval is required.

2. The performance of transport services with vehicles that do not meet the regulatory characteristics, including:

(a) The use of vehicles with distinctive features or characteristics similar to those of the Armed Forces or those of the Security Forces and Corps or with launchers or acoustic systems that are prohibited to them.

(b) The performance of the transport or distribution services without the vehicles having the regulatory envelope of security guards or, where appropriate, without the necessary protection.

3. The performance of duties exceeding the rating obtained by the security undertaking or by the staff at its service, or out of place or the relevant territorial scope, as well as the retention of the personal documentation; the carrying out services on industrial estates and housing estates without having obtained the express authorisation of the Civil Government or the relevant organ of the Autonomous Community, and the outsourcing of security services with undertakings registered, but not authorised for the territorial area corresponding to the place of completion of the subcontracted service or activity.

4. The performance of the security services without formalising or without communicating to the competent authority the conclusion of the relevant contracts, including:

(a) The performance of personal protective services, lacking the authorisation referred to in Articles 27 and following of this Regulation, outside the time limit laid down or outside the conditions imposed in the authorisation.

(b) the lack of communication of the contracts, or, where appropriate, of the tenders in which their benefits are specified, or of the amendments thereto, to the competent authorities; not to do so within the time limits laid down; or to be carried out without complying with approved models or formats, and the provision of services, in circumstances or conditions other than those provided for in the contracts communicated.

(c) The lack of communication to the competent authorities, within the prescribed period, of the provision of urgent services, in exceptional circumstances.

5. The use in the exercise of security functions, of persons lacking the nationality, qualification, accreditation or qualification required, or of any other of the necessary requirements, including that of exceeding the corresponding refresher and specialization courses with the established periodicity, and the use of personnel enabled without the corresponding high communication in the companies, in the form established.

6. The unjustified abandonment or omission of the service, within the established working day, by the security guards and all the private security personnel to whom the standards of the vigilantes apply.

7. Failure to submit to the competent authority the annual activity report, in the form and time limit prevented or by omission of the information required by law and regulation.

8. Do not transmit to the Security Forces and Corps the alarm signals recorded in the private power stations, transmit the signals with unjustified delay or communicate false incidents, due to negligence, poor functioning or lack of prior verification, including:

(a) The poor functioning of the alarm centers because they lack the precise personnel.

b) Transmission of alarms to police services without prior and appropriate verification.

c) The transmission of false alarms to the Security Forces and Forces for lack of adoption of the necessary precautions to avoid them.

(d) The lack of any remedy for the deficiencies that give rise to false alarms, when required to do so, and the disconnection of the system that has been regulated in an orderly manner.

9. The commission of a third minor infringement in the period of one year. "

Forty-four. New wording is given to points 12 and 18 of Article 150. This Article is worded as follows:

" Article 150. Minor infractions.

Security companies may incur the following minor violations:

1. The entry into operation of the security undertakings without giving any account to the competent police services, unless it constitutes a serious or very serious infringement.

2. The opening of delegations or branches without obtaining the necessary authorization from the competent body.

3. The omission of the duty to open branches or delegations in the cases provided for in Article 17.2 of this Regulation.

4. The advertising of the company without being registered and authorized, and the carrying out of advertising of the activities and services or the use of documents or printed in their communications, without stating the registration number of the company.

5. The lack of annual presentation, within the prescribed period, of the certificate of validity of the civil liability policy.

6. The lack of communication to the competent authority, within the time limit and in the form of prevention, of changes affecting the ownership of the shares or units in the capital or the personal composition of the administrative bodies, and any variation in the governing bodies of the company.

7. The lack of communication to the competent authority of the information prevented during the provision of personal protective services or the provision of service termination.

8. The omission of the duty of reserve in the programming, itinerary and realization of the services relating to the transport and distribution of valuable or dangerous objects.

9. The carrying out of transport, loading or unloading of valuable or dangerous objects in a manner other than that prevented or without taking the necessary precautions for their safety.

10. The performance of the services without ensuring the communication between the company's headquarters and the staff who carry them out when it is compulsory.

11. The omission of regulations or precautions for the transport of valuable objects by sea or air.

12. Failure of the installation projects, prior to the installation of safety measures, of the necessary checks, or of the issue of the corresponding certificate to ensure that the safety installations meet the requirements regulations.

13. Failure to carry out mandatory checks on safety installations without complying with the established periodicity or with personnel who do not meet the required qualification.

14. The lack of technical service necessary to fix any faults occurring in the devices, devices or safety systems required, or to have them without adequate capacity or effectiveness.

15. Failure to comply with the obligation to deliver the installation manual or the manual of use of the security system or to provide them without meeting the regulatory requirements.

16. The provision of custody services of keys, lacking either armeror or safe or without complying with the precautions prevented to the effect.

17. The performance of the security personnel without due uniformity or the means that they regulate are enforceable.

18. Failure to adapt regulatory records to the regulatory standards of their formats or models; to take them regularly and in the day, or to comply with the rules of operation of the system or information systems; communication or certification to be determined.

19. In general, failure to comply with the formalities, conditions or formalities established by the Private Security Act or by this Regulation, provided that it does not constitute a serious or very serious offence or offence. "

Forty-five. Article 153 (13) is reworded as follows: This Article is worded as follows:

" Article 153. Minor infractions.

Personnel performing private security functions may incur the following minor violations:

1. Action without due uniformity or means to be enforceable, on the part of non-integrated personnel in security companies.

2. The incorrect or inconsiderate treatment of citizens with whom they relate in the exercise of their duties.

3. Do not timely communicate to the Registry the variations of the registral data of the titular detectives or associated or dependent detectives.

4. The advertising of the private detectives lacking the necessary qualification, and the performance of the advertising or the use of documents or printed, without stating the registration number in the Registry.

5. Do not take the private detectives the book-register prevented, not to carry it according to the regulatory norms of models or formats, or not to record in it the necessary data.

6. Do not inform the Security Forces and Corps in due time of the loss, destruction, theft or subtraction of the documentation relating to the weapons assigned to them.

7. The lack of timely communication by the private security personnel of the absences of the service or the need to be absent, for replacement or relief purposes.

8. The use of dogs in the provision of services, without complying with the requirements or without taking into account the precautions that have been prevented.

9. Do not use the uniforms and flags, when required, or use them outside the places or hours of service.

10. The delegation by the heads of security of non-delegated powers or to do so in persons who do not meet the regulatory requirements.

11. To disregard the instructions of the Security Forces and Corps in relation to the persons or property subject to their surveillance and protection without justified cause.

12. Do not show your professional documentation to law enforcement officials or do not identify with the citizens with whom they relate in the service, if they were required to do so.

13. In general, failure to comply with the formalities, conditions or formalities established by the Private Security Act or by this Regulation, provided that they do not constitute a serious or very serious offence or offence, including the non-performance of the corresponding refresher and specialisation courses or not to be carried out on the basis of the established periodicity. "

Forty-six. Article 159 is worded as follows:

" Article 159. Report.

In the case of very serious or serious misconduct, prior to the formulation of the motion for a resolution, the instructor, if appropriate, shall transmit a copy of the file, and shall be interested in informing the central organ of the private security of the Directorate-General of the Police, which will be issued within a period of 15 days. "

Forty-seven. New wording is given to the numbered functions such as 6.a, 8.a, 22.a, 26.a and 35.a of the single additional provision, which becomes an additional provision first. This provision is worded as follows:

" Additional disposition first. Functions of the Police of the Autonomous Communities.

The bodies concerned and, where appropriate, the Police of the Autonomous Communities with powers for the protection of persons and property and for the maintenance of public order, in accordance with the provisions of its Statute of Autonomy and the provisions of the Organic Law 2/1986, of 13 March, of Forces and Security Corps, will exercise the powers of authorization, inspection and sanction of the security companies that have their legal domicile in the territory of each Autonomous Community and the scope of action limited to it. It shall also be for them to report, and to the knowledge of the competent authorities, the offences committed by the security undertakings which do not have their legal domicile in the territory of the Autonomous Community or their area of application limited to the same. They will also exercise the powers in matters of private security arising from the additional provision of the Organic Law 1/1992, of 21 February, on the protection of citizen security. In particular, they are responsible for the functions covered by the articles of this Regulation which are then determined:

1.a Article 2.1. The registration requirement must be completed in the Register of the competent Autonomous Community.

2.a Article 5.1. Instruction and resolution of the different phases of the security company enablement procedure. Knowledge of the purpose of termination of the civil liability insurance contract.

3.a Article 5.3. Inspection and control in the area of private security, as well as a requirement for reports on the characteristics of the security companies.

4.a Article 7.1. The guarantee shall be lodged in the box determined by the competent Autonomous Community, in accordance with the relevant rules, and at the disposal of its authorities.

5.a Article 12.2. Cancellation of registration of security companies.

6.a Articles 14.1 and 15. Reception of information about activities and the staff of security companies. And control of the start of the activities of the security companies registered and authorized by the Autonomous Community.

7.a Article 17.1 and 2. Request or knowledge of the opening of delegations or branches of security companies.

8.a Articles 19.1.a), 20 and 21. Control of the provision of services and related contracts.

9.a Article 24. Determination of services in which undertakings shall ensure the communication between their headquarters and the staff performing them.

10.a Article 27 (3) and (4) and Article 28; Article 29 and Article 30 (1), (4) and (5).

11.a Authorization of protection activities of persons, when they are developed in the territorial scope of the Autonomous Community.

12.a provisional provisional authorisation for the provision of personal protective services.

13.a Communication of the composition of the escort, its variations and the completion of the service, as well as communication to the Police of the Autonomous Communities of the authorizations granted, of the data of the persons protected and from the escorts and the moment of initiation and completion of the service.

The relevant bodies of the competent Autonomous Community shall give due account to the Directorate-General of the Police of the authorisations granted and of the communications received, in accordance with the provisions of the Articles 27, 28, 29 and 30.

14.a Article 32.1. Determination of protection of non-armoured vehicles.

15.a Article 36. Supervision of the transport of funds, securities or objects.

16.a Article 44. Knowledge of the characteristics of the technical breakdown service.

17.a Article 50. Requirement for subhealing of deficiencies and order to disconnect from the system with the alarm center.

18.a Article 66.3. Regulation and award of honorary distinctions.

19.a Article 80.2. Authorization of security services in industrial estates or isolated urbanizations.

20.a Article 93.3. Authorization of services with arms by private guards of the field whose activities are carried out in the territorial area of the Autonomous Community.

21.a Article 96.b) and c). Provision for provision of services under the direction of a security chief.

22.a Article 100. High and low communication from security chiefs and security directors.

23.a Articles 104, 105 and 107. The opening of the offices of private detectives and their delegations and branches, as well as the acts constituting the detective companies and their modifications, in the territory of the Autonomous Community shall be communicated to the Directorate-General of the Police, as soon as they appear regularized in the corresponding Register.

24.a Article 111. Resolution on the adoption of security measures by companies or industrial, commercial or service entities.

25.a Article 112.1. Require companies or entities to adopt security services or systems.

26.a Article 115. Communications concerning the creation of security departments and the appointment of security directors.

Article 115. Requests to create security departments.

27.a Article 118. Grant of waivers for the implementation or maintenance of the security guard service, and inspection by the Police of the corresponding Autonomous Community.

28.a Article 120.2, third paragraph.

Authorization to replace security measures with the implementation of the security guard service.

29.a Article 124.3. Authorisation for the operation of foreign exchange offices, mobile banks and transportable modules.

30.a Article 125. Granting of exemptions for the implementation of security measures.

31.a Article 128. Knowledge of the holding of exhibitions or auctions of objects of jewellery or silverware, as well as of antiques or works of art, as well as the imposition of security measures.

32.a Article 129. Waiver of the adoption of security measures.

33.a Article 130.5 and 6. Imposition of the obligation to adopt services or safety systems to the refueling stations and fuel and fuel supply units, as well as the waiver of the adoption of safety measures.

34.a Article 132.4. Adoption of security systems by Lottery Administrations and Mutual Betting Offices.

35.a Article 136. Checks, inspections and authorizations for the opening and transfer of establishments or offices required to provide security measures, and for the installation, modification and transfer of ATMs.

36.a Article 137.1. Control competence in the area of private security.

37.a Article 137.2. Collaboration of the Police for the exercise of the control function.

38.a Article 137.3. Control of the performances of the particular guards of the field.

39.a Article 138. The annual report on the activities of the security undertakings which have their registered office and their scope of action limited to the territory of a competent Autonomous Community in this area, which is referred to the Secretariat of State of the Interior, shall be sent by the Secretariat to the relevant body of the Autonomous Community.

40.a Article 140. Communication of amendments of security undertakings registered in the Register of the Autonomous Community.

41.a Article 141. The annual report of the activities of private detectives with offices, delegations or branches exclusively in the territory of a Autonomous Community competent in the matter, which is forwarded to the Secretariat of State of the Interior, shall be sent by the Secretariat to the relevant body of the Autonomous Community.

42.a Article 143. Provision of the book-registration of security companies, and of private detectives, and access to armers, cameras and installations of those; all for inspection and control purposes.

43.a Article 145. Adoption of the precautionary measure of occupation or seal and ratification of the measure, if any.

44.a Article 147. Suspension and ratification of the suspension, private security services or the use of material or technical means.

45.a Article 157.2. Competition to order the opening of sanctioning procedures and to take precautionary measures in relation to the security companies.

46.a Article 158. Competence for the instruction of sanctioning procedures to the security companies.

47.a Articles 160 and 162. Competence for the issue of the report and to agree on the publication of the sanction. "

Forty-eight. The second additional arrangement is incorporated.

" Additional Disposition Second. Reduction of the guarantee minima.

The determining amounts of the guarantee minima, as specified in paragraph I of the Annex to this Regulation, whatever activities they perform or services they provide, shall be reduced to 50 per 100, when In the case of undertakings which have a staff of less than 50 employees, and for two consecutive years do not exceed 601,012,10 euro (100,000,000 pesetas) of annual turnover. '

Forty-nine. A single derogation provision is incorporated.

" Single Repeal Disposition.

Article 30 (2) and Article 43 (5) of the Private Security Regulation are hereby repealed. "

Additional disposition first. Activities excluded.

The initial paragraph of the first provision of Royal Decree 2364/1994, of 9 December 1994, for which the Private Security Regulation is adopted, is worded as follows:

" The following activities, carried out by personnel other than private security, not integrated in security companies, are outside the scope of the Private Security Regulation, provided that the procurement is made by the owners of the buildings and has for direct object any of the following activities: "

Additional provision second. Time limits for the adequacy of safety measures.

The transitional provision quint.uno.A) .b) .2.o of Royal Decree 2364/1994 of 9 December 1994 approving the Private Security Regulation is worded as follows:

" 2.o Five years for the measures corresponding to the cordiage cameras and the chambers of rental boxes.

The adequacy required in this transitional provision shall not be necessary to the requirements established by the rules for the development of the Private Security Regulation, of the cash-shortened cameras that are intended to be exclusive to protect the daily fit needed for the operation of the office concerned.

It will also be necessary to adapt the chambers for the rental of the cameras, nor the one of the safes or armored cabinets in which the rental compartments are located.

Cams of cash, with the exception of those included in the previous paragraph, and the rental box cameras installed prior to the date of entry into force of the Implementing Rules of the Private security shall be exempted from the obligation to adapt to the security measures laid down, where the competent law enforcement authorities verify the physical impossibility of carrying out such an adaptation, provided that the The following shall be provided for in the case of the accompanying measures of an electronic nature. ' The measures relating to cash-shortened cameras and rental-box cameras regulated in the Private Security Regulation and rules that develop it shall be required for those which are installed for the first time from the date of the entry into force of these implementing rules. '

Additional provision third. Compliance with European legislation. References.

In accordance with the provisions of the Single Derogation Provision (2) of the Royal Decree of 29 January 1999 amending Law 23/1992 of 30 July 1992 on Private Security, all references to the nationality and residence contained in the Private Security Regulation, approved by Royal Decree 2364/1994 of 9 December 1994, shall be construed as references to the nationality of any of the Member States of the European Union and to that of the Part of the Agreement on the European Economic Area, and the residence in the territory of the European Economic Area States.

Additional provision fourth. Adequacy of references to the current administrative structure.

Likewise, all references contained in the Private Security Regulations to the Ministry of Justice and Home Affairs, the Secretary of State for the Interior, and the Civil Governments, will be understood as references to the Ministry of the Interior, the Secretary of State for Security, and the delegations of the Government, respectively.

First transient disposition. Data communication.

Within three months of the date of enactment of this Royal Decree, the security companies registered in the corresponding Police Records, will have to present in these a relationship of the staff of with the expression of identification data, categories and jobs.

Likewise, the industrial, commercial and service companies that, at the date of enactment of this Royal Decree, have security department, must communicate to the corresponding police service the structure and functions of that department, as well as the identification data of the security director who is at the head of the department.

Second transient disposition. Existence of pre-existing rules.

Until the approval of the precise provisions for the development and implementation of the provisions of this Royal Decree takes place, the rules applicable to the aspects that refer to further development will continue in force rules and, in particular, the following:

(a) The presentation of the service contracts in the corresponding police agencies.

b) The model and contents of the record-books that have not been deleted by this Royal Decree, road maps and book-catalog of security measures.

c) Those relating to the prior and permanent training of security personnel.

d) Testing by personnel who have been inactive for more than two years.

Single repeal provision. Regulatory repeal.

As many provisions of the same or lower rank are repealed, they object to the provisions of this Royal Decree.

Single end disposition. Regulatory enablement.

The First Vice President of the Government and Minister of the Interior are hereby authorized to specify the aspects of the amended provisions of the Private Security Regulations, which are necessary for their implementation.

Given in Madrid to October 19, 2001.

JOHN CARLOS R.

First Deputy Prime Minister and Minister of the Interior, MARIANO RAJOY BREY