The application of the existing legal regime of private security, in the years since the enactment of the law 23/1992 of 30 July, regulating the matter, and the process of dialogue, critical examination and diagnosis of the situation of the regime, developed recently between the Administration and the different sectors involved in such application, in the bosom of the Joint Commission Central coordination of the Security private without calling into question the guidelines for the system, have put of manifest many specific aspects or detail, but of undeniable significance to the overall functioning of him, who have been able to produce undesirable effects, distortions or excesses, unnecessary and unfair, mainly related to the exercise of the functions of control that must carry out the Administration; aspects that should logically be corrected.
It is, above all, excesses in terms of the content of the registry that must hold security companies, for exhaustive information that agrees to join them, making cumbersome, difficult and largely useless their keeping; rigidity in the regime of control of service contracts, whose regime does not properly consider the functional requirements that reality imposes on the sector; inadequate boundary features and incompatibilities of personnel, preventing the realization of services considered essential, verification and response to alarms; or complications and undue delays in processing procedures for the inspection and authorization of openings and transfers of offices, which is incompatible with the needs and the dynamism of the banking sector; In addition to the warned need, to improve, to ensure its effectiveness, the regime of installation of mandatory security measures or they are connected to alarm reception stations.
Some updates and improvements of the legal regime of private security, reasonably requested by the economic and social sectors involved, require deep and enlarged, since they make required modification of the law 23/1992, so it can only be made at the right time, before the necessary studies, with the planning and development of the relevant legislative process; but most of the issues studied in the process of dialogue are reflected in the regulation of private security and general provisions of lower rank normative, dictated in development of the same, which is why nothing prevents - and, on the other hand, all advised - that carried out all those fixes and improvements possible through standards with range of Royal Decree and ministerial order.
This is, because it's the improvement and refinement of the "status" of the private security personnel and security companies, with easing legal, administrative improvement and costs reduction measures; promoting the effectiveness of private security, which has great significance for the benefit of public security, and facilitating the functioning of the sector, indirectly influencing the progress of the overall economy of the country.
Finally, it should be noted that this provision has been subjected to the procedure of information on standards and technical regulations, laid down in Directive 98/34/EC, the European Parliament and the Council, of 22 June, by which establishes an information procedure in the field of standards and technical regulations, as amended by Directive 98/48/EC the European Parliament and the Council, of 20 July, transposed to our legal system by the Royal Decree 1337 / 1999 of 31 July.
In his virtue, a proposal from the first Vice-President of the Government and Minister of the Interior, with the approval of the Minister of public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of October 19, 2001, D I S P O N G O: only article. Partial modification of the Royal Decree 2364 / 1994, of 9 December.
The precepts contained in the items 7.1; 14.1, second subparagraph; 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. to); 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. 1st b) and 3rd; 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 sole additional provision of the regulation of private security, approved by Royal Decree 2364 / 1994, of December 9, are written in a way that for each one of them is expressed below. Also incorporates a second additional provision and a single repealing provision to the regulation of private security.
One. Paragraph 1 of article 7 is modified. That article is worded as follows: "article 7. Creation of security.
1. the security companies must constitute a guarantee in the General case of deposits, at the disposal of the authorities with the punitive powers, in order to ensure the fulfilment of the obligations assumed at the time of its operation.
2. the warranty will be in some of the provisions laid down in the regulatory legislation of the General deposit box, with the requirements laid down therein.
3. the warranty shall keep the amount maximum amount throughout the period of validity of the authorization, with whose purpose quantities which, in their case, have detraído for the purposes specified in paragraph 1 of this article shall recover in within a month from the date that been executed for acts of disposal."
Two. A second subparagraph is added to paragraph 1 of article 14. That article is worded as follows: 'article 14. General obligations.
1. in the development of their activities, security companies come to special help and collaboration with the forces and security bodies. For this purpose, they must notify those forces and bodies all circumstances and information relevant to prevention, the maintenance or restoration of public safety, as well as offences of which they have knowledge in the development of such activities.
Security companies must communicate the ups and downs of the staff of private security at their disposal to the dependencies for the forces and security bodies, within a period of five days following the date they.
2 it must always be performed with the appropriate guarantees of security and reserve the provision of services for the protection of people, deposit, custody and treatment of valuable objects, and especially those relating to transportation and distribution of valuable objects and explosives or other dangerous objects, in terms of their programming, as well as your itinerary.
3. the services and security activities must be carried out directly by the staff of the company contracted for its provision, and this can subcontract them to third parties, unless you do so with companies registered in the corresponding registers and authorised for the provision of services or activities subcontracted, and met the same requirements and procedures prevented in this regulation for the recruitment. Subcontracting will not produce exoneration from liability of the contracting company.
4 will not be enforceable the requirement of identity of dedication, in the event of subcontracting with businesses for surveillance and protection of goods, provided for in article 49.4."
3. Amending paragraph 2 of article 17, giving new wording to paragraph first and adding a second paragraph to the letter a). That article is worded as follows: "article 17. Opening of branches.
1 security companies wishing to open branch offices or delegations will request it from the General Directorate of police, accompanied by the following documents: to) inventory of material assets devoted to the pursuit of activities in the delegation or branch.
(b) proof of the title under which the property or properties intended for the delegation or branch is available.
(c) relation between the staff of the delegation or branch, expression of his post, category and number of the national identity document.
2 security companies should open delegations or branches, giving knowledge to the General Directorate of police, with contribution of the documents mentioned in the preceding paragraph, in the cities of Ceuta or Melilla or in provinces that do not file their headquarters, where they conducted in these cities or provinces of the following activities: to) deposit custody, counting and sorting coins and banknotes, securities, as well as custody of objects valuable, explosives or dangerous objects. These delegations must have the requirements of provision of security guards of safety, gunsmith or safe, and camera vault and local vintage, referred to in paragraphs 3.1. b) and 3.1. c) of the annex for valuable and dangerous objects, and with the provision of security guards of safety and gunsmith, or safe, referred to in paragraphs 3.2. b) and 3.2. c) of the annex with respect to explosives.
However, when the amount to guard by the delegations or branches does not exceed 100 million pesetas, provided that at least fifty percent is in coins, the vault may be replaced by a safe with the characteristics determined by the Ministry of the Interior.
(b) monitoring and protection of goods and establishments, where the number of guards of security providing service in the province is greater than thirty and the duration of the service, in accordance with the contract or the extensions of this, is equal to or greater than one year."
Four. Article 19 is worded as follows: "article 19. Appcc.
1 security companies must take the following registry: to) undertakings which are required to have installed security system, book-catalogue of security measures.
(b) registration of communications to the forces and security bodies, in which shall be entered few carried out on aspects related to citizen security, date of each communication, body he headed and indication of its contents.
2. the format of the profiled libros-registros shall comply with standards respectively adopted by the Ministry of the Interior, so that can be mechanized and computerized file and its treatment.
3. both the registry of a general nature and specifics that are determined in this regulation for each activity will be at the Head Office of the company and in its offices or branches, and must always be available to the members of the national police and the corresponding autonomous police, responsible for its control.
4. in the absence of the director, administrator or Security Chief, the listed registry shall be present in the company staff, that will be designated, during inspections carried out by members of the above-mentioned bodies or police."
5. Article 20 is drawn up as follows: "article 20. Service contracts.
1. the security companies shall communicate at least for three days, individually for each service, the initiation of the same, with indication of the place of delivery, the kind of activity, the physical or legal person contracting and home, as well as the expected duration of the term of the contract.
The aforementioned communication of contracts shall be carried out by any means that allows to record it at the provincial or local police station of the place where the contract is concluded, or, in places where they do not exist, in the barracks or posts of the Civil Guard, which transmit it or be sent urgently to the police station to the place where there are of the service; and can be made in any case, in the respective services or inspections of guard.
Amendments to contracts shall be made, in the same form and deadline, before the above-mentioned police units.
Contracts and communications format shall comply with standards and models that are established by the Ministry of the Interior, without prejudice to the possibility of adding in agreements, supplementary agreements for aspects not covered by this regulation.
In any case, contracts will remain on the headquarters of security companies at the disposal of the bodies of the forces and competent security bodies in the field of inspection and control, for a period of five years from the end of the service object of the contract.
2. in those cases where contracts concluded with public administrations or are pending before the same bodies, not being possible to be formalized before the start of the service, security companies must provide, where appropriate, time listed in the previous section, authorized copy or statement formulated supply company for knowledge of the circumstances referred to in clauses by the bodies responsible for inspection and control, without prejudice to communicate in the established format of the contract data once formalized it, which should be at the headquarters of the company at the disposal of the competent bodies of the forces and security corps.
3. when exceptional circumstances of theft, fire, damage, catastrophes, social conflicts, breakdowns of the security systems or other causes of similar gravity or extraordinary urgency, do necessary providing immediate service whose previous organization would have been objectively impossible, they shall be communicated by the procedure faster available, before the provision of services, the data listed in paragraph first of paragraph 1 of this article to the corresponding Police Department indicating the determining causes of the urgency, and being forced the company to formalize the contract within seventy-two hours of the initiation of the service, and must remain the contract at the headquarters of the company at the disposal of the competent bodies of the forces and security corps.
"The security services that referred to in the preceding paragraph may be provided with weapons, informing the police unit competent, when the described cases occur in establishments required to have security measures that are voided by exposed conditions, or others, with serious risk to the integrity of protected goods and taking into account the amount and importance of these."
6. Article 21 is worded as follows: "article 21. Contracts with defects.
When communication, engagement or offering services of security companies do not conform to requirements prevented, the subdelegation of the Government - which may delegate to the corresponding higher headquarters or police Provincial de police - be notified of deficiencies, a matter of urgency, so that they can be remedied in the following five working days, with a warning that ", do not do so within the period indicated, the aforementioned documents will be archived without further formality, not being able to begin providing the service, or continue it if had already begun."
7. New wording is given to paragraph 2 of article 31. That article is worded as follows: "article 31. Special features of these services.
1. in contracts in which the provision of deposit and custody services is concluded shall state the nature of the objects that are to be deposited or guarded and, where appropriate, classified, as well as an assessment of them.
2. companies engaged in the provision of these services will be a registration of deposits, whose format shall conform to standards that are approved by the Ministry of the Interior."
8. Article 34 is drawn up as follows: "article 34. Roadmap.
1. the operations of collection and delivery, making each vehicle shall be entered daily in a road map, which may be computerised in continuous-form paper, and filed in numerical order in book format, or any other which respects its sequence, containing the data to be determined by the Ministry of the Interior.
Law enforcement officials responsible for inspection may require roadmaps display at any time, during the development of the activity, and must retain those, or magnetic or digital support in which appropriated is information, for five years, at the headquarters of the company or the relevant delegations, or local companies specializing in the documentation file - in this case with knowledge of the appropriate police service.
2. in the case of transport and distribution of explosives, the road map will be replaced by similar documentation that, for the movement of such substances, is established in the regulations on explosives and complementary regulations."
9. Article 35 is worded as follows: "article 35. Notetaking.
Transport and distribution of securities companies will take a notetaking, whose format shall conform to standards that are approved by the Ministry of the Interior."
10. New wording is given to paragraph 1 of article 39. That article is worded as follows: "article 39. Material scope.
1. only authorized enterprises may be the operations of installation and maintenance of electronic theft and intrusion and fire safety systems. Will not need to be registered as security companies when they engage only: to) the affixing of alarms or other optical or acoustic signals against theft or intrusion into motor vehicles not specifically regulated in this regulation or in provisions of development for the purpose of private security.
(b) to the prevention of fire safety.
However, the provision to third parties of services of reception, verification and transmission of alarm signals, as well as their communication to the forces and security forces, must be through security companies exploiters of alarm stations.
2 is prohibited the installation of programmed auto-dialers to transmit alarms directly to the dependencies of the forces and security forces."
Eleven. New wording is given to paragraph 2 of article 42. That article is worded as follows: "article 42. Certificate of installation.
1 security systems facilities must comply with provisions of the regulations for electrical installations in what they are implementing.
2 in the case of installation of mandatory security measures, companies or private entities that are devoid of Department of security, or when such enterprises or entities will be connected to alarm stations: to) installation should be preceded by the elaboration and delivery to the user of a Setup project, with coverage levels appropriate to the architectural characteristics of the enclosure and the risk to be covered in accordance with the technical criteria of the own installation company and, eventually, the competent Police Department, all in order to achieve the maximum possible degree of effectiveness of the system, reliability in the verification of alarms, user collaboration, and avoidance of false alarms.
(b) once the installation, the installation companies shall carry out the necessary checks to ensure that the preventive and protective purpose is fulfilled, and that is in accordance with the contracted project and the provisions governing the matter, shall deliver to the entity or establishment users a certificate stating the positive outcome of the checks carried out.
3 If the installation of security will connect to an alarm Center, the characteristics to be determined by the Ministry of the Interior shall be, and the certificate referred to in the preceding paragraph shall issue by both companies, together or separately, so as to ensure its overall functionality."
12. New wording is given to paragraph 2 of article 48. That article is worded as follows: "article 48. Operation.
1. the alarm Center must be permanently served by necessary operators for the provision of services, which may not, under any circumstances, be less than two, and who will be responsible for the functioning of receptors and transmission of alarms that receive.
2. when there is an alarm, stations must immediately proceed to verification with the technical and human means that you have, and then notify the appropriate police service produced real alarms."
13. New wording is given to paragraphs 1 and 2 of article 49. That article is worded as follows: "article 49. Key custody service.
1. operating companies of alarms Central may purchase, complementarily, with holders of the attached enclosures, service custody of keys, verification of alarms by displacement to own enclosures, and response to them, in conditions to be determined by the Ministry of the Interior, for which purpose must have the Armorer or safe required pursuant to the provisions of article 25 of this regulation.
Companies, industrial, commercial or services that are allowed to have alarm Center, dedicated exclusively to its own security, to hire the same services with a company of security authorized for surveillance and protection.
2. the services of personal verification of alarms and response to them will be, in any case, by security guards, and consist of, respectively, the inspection of the local / local, and in the transfer of the keys of the property of which appropriate each alarm, all this in order to facilitate members of security bodies and forces information about possible Commission of criminal acts and their access to the concerned property.
For the purposes above, the inspection of the inside of the property by the security guards must be expressly authorized by the holders of those, consigning in writing in the contract for the provision of services.
3. when the number of key escrow services or the distance between the real estate it proves suitable for the company and the police service, that are available, authorization of these, that the keys be guarded by security guards without weapons in an automobile connected by radio with alarm. In this case, the keys shall be coded, being unknown to the security guard carrying them and codes varied periodically.
4. for the services referred to in the two preceding paragraphs, of security utilities of plants of alarms can count on vigilant security, without having to be registered and authorized for the activity of surveillance and protection of goods, or to outsource this service with a company in this field."
Fourteen. New wording is given to paragraph 1 of article 50. That article is worded as follows: "article 50. Disconnection by false alarms.
1. in the case of connection of devices, devices or security systems with an alarm Center, regardless of responsibility and sanctions to any place, when the system originate two or more false alarms in within a month, the delegate of the Government, which may delegate to the Chief Superior or Provincial Commissioner of police, will require the holder of the protected through the police unit that corresponds, to proceed, as soon as possible, to rectify the deficiencies giving rise to false alarms.
2. for the purposes of this regulation, is considered false all alarm that is not determined by facts susceptible of producing police intervention. The mere repetition of a signal caused by a same fault within twenty-four hours to the moment in which this has occurred will have no such consideration.
3. in case of failure to comply with the requirement, be ordered to the operating company's alarm Center making immediate disconnection of the system with the own plant, for the period that is deemed suitable, you can have up to one year in duration, unless remedied in shortest time deficiencies which lead to disconnection, being the third final disconnection , and requiring compliance with the stipulated in article 42 of this regulation to a new connection. During the time of disconnection, the owner of the property either protected should mute sirens indoor and outdoor security system.
4 while the remaining disconnected as a result of a security system, its holder may not enter into service of centralization of alarms with no security company.
5. without prejudice to the opening of the corresponding record, shall not be to disconnect the security system when its owner is obliged, pursuant to the provisions of this regulation, having such a measure of security.
"6. when the owner of the property either protected by security alarms centralization service has contracted and commits it by itself, shall apply the provisions of paragraph 1 of this article, corresponding, in any case, the obligation of silence Interior and exterior sirens who possesses this safety system, without prejudice to the liability that would have been incurred."
15. New wording is given to paragraph 1 of article 51. That article is worded as follows: "article 51. Libros-Registros.
1. the exploitation of plants of alarm companies will carry a registration of alarms, whose model conforms to the standards approved by the Ministry of the Interior, so that can be mechanized and computerized file and its treatment.
"2. the stations of alarms that have hired key custody service shall indicate in the registration of contracts which of these include that service."
Sixteen. Gives new wording to paragraph a) of paragraph 2 of article 54. That article is worded as follows: "article 54. Specific requirements.
1. in addition to the General requirements laid down in the preceding article, the security personnel shall be, for his Habilitation, those determined in this article, depending on their specialty.
2 security guards and private guards of the camp: to) not having the fifty-five years of age.
(b) be in possession of the title of graduate school, graduate in secondary education, vocational training of first degree, or equivalent or higher.
(c) the requirements to carry and use firearms, pursuant to this effect on the Reglamento de Armas.
3. private escorts: in addition to the specific requirements of the security guards, must be a minimum height of 1.70 meters men and 1.65 meters women.
4 heads of security: be in possession of diploma of Bachelor, polyvalent unified baccalaureate, vocational training of second grade, technical professions, qualifications to be determined, or equivalent or higher.
5 private detectives: to) be in possession of diploma of Bachelor, polyvalent unified baccalaureate, vocational training of second grade, technical professions, qualifications to be determined, or equivalent or higher.
(b) be in possession of the diploma of detective private, recognised for this purpose in the form determined by order of the Ministry of the Interior and obtained after completing the scheduled lessons and pass the corresponding tests.
(c) not be official of any active authorities, at the time of the request, nor during the two years preceding the same."
Seventeen. New wording is given to paragraph 2 of article 56. That article is worded as follows: "article 56. Previous training.
1. the security guards and special guardians of the countryside in its various forms shall overcome professional theoretical and practical training modules associated with the domain of the powers attributed to them by the law.
Knowledge, abilities, skills, and attitudes to reach in these modules, as well as its duration, shall be determined by the Ministry of the Interior, following a favorable report from the ministries of education and science, and labour and Social Security, as well as the Ministry of agriculture, fisheries and food, with respect to the private guards of the field, and the Ministry of industry and energy with respect to the vigilant security, specializing in explosives and hazardous substances.
2 taught. these training modules training centres authorized by the Secretary of State for security, which will have to have a picture of teachers properly accredited for all subjects included in the curriculum, and may provide, in the mode of distance education, teachings to be determined, except in any case those of vocational nature instrumental, operational content and practices of laboratory and shot, which must necessarily be provided "presence" mode during the time that, at a minimum, determined by the Ministry of the Interior."
Eighteen. Article 57 is worded as follows: "article 57. Lifelong learning.
1. in order to keep the level of skill and knowledge necessary for the exercise of functions assigned to the staff of private security, security, through training centers companies authorized to date, they shall ensure the Organization and assistance from its staff of private security courses, adapted to the different categories of staff, update in subjects who have undergone modification or substantial evolution , or those that convenient for greater specialization.
2. for the security guards, upgrade or specialization courses will last, a minimum of twenty hours; each Guard must take at least one year, and they will be in the form determined by the Ministry of the Interior."
Nineteen. Article 58 is worded as follows: "article 58. Tests. Content.
Applicants who have passed the course or courses referred to in article 56 be requested, by themselves or through an authorized training center, its participation in the official tests of knowledge and ability that, for each specialty, established the Ministry of the Interior, and that they focus on social, legal and technical matters concerning the respective functions , as well as, where appropriate, on skill in the handling of firearms.
Once testing is complete, the relevant police bodies shall issue appropriate permits."
20. Article 59 is worded as follows: "article 59. Documentation.
With the application, shall be submitted documents proving compliance with the General and specific requirements determined in articles 53 and 54."
Twenty-one. Paragraph 2 of article 64 was modified.
That article is worded as follows: "article 64. Causes.
1 private security personnel will lose such a condition by any of the following reasons: to) at his own request.
(b) for loss of any of the General or special requirements referred to in section 1.a of this chapter.
(c) for retirement.
(d) for execution of the penalty of definitive withdrawal of the rating.
2 inactivity for more than two years while security personnel will require the accreditation of the requirements referred to in paragraph 3 of article 10 of the law on private security, as well as the overcoming of tests specific to this course to be determined by the Ministry of the Interior."
Twenty-two. A second paragraph is incorporated into paragraph 1 of article 70. That article is worded as follows: "article 70. Incompatibilities.
1. the watchmen, within the entity or company which provide their services, exclusively dedicated to the safety function of her position, and may not combine it with other missions (article 12.2 of the LSP).
It deemed not excluded from own wardens, security function, the realization of complementary activities, directly related to and indispensable for its effectiveness.
2. the functions of private, watchful escort of explosives and private detective are inconsistent among themselves and with the other functions of the staff of private security, even in the event of multiple enabling. Nor can compatible duties the staff of private security, except for the heads of security, with the exercise of any other activity within the company in performing its services."
Twenty-three. New wording is given in paragraphs c) and f), and a paragraph g is incorporated) to paragraph 1 of article 79. That article is worded as follows: "article 79. Performance on the outside of buildings.
1 guards may only perform their functions inside of buildings or buildings whose surveillance and security were responsible, except in the following cases: to) the transport and distribution of coins and banknotes, securities and other objects that may require special protection for its economic value and expectations that generate or hazardousness.
(b) the handling or use of goods, machinery or valuable equipment that have taken place on public roads or in common use, when such operations, goods or equipment shall be protected by security, guards from outside, immediately surrounding space.
(c) services of verification of alarms and response to them referred to in article 49 of this regulation.
(d) cases of persecution to caught offenders in flagrante delicto, as a result of the execution of their duties in relation to the persons or property object their surveillance and protection.
(e) the situations in which this came demanded on humanitarian grounds related to such persons or goods.
(f) withdrawal and replenishment in ATMs, as well as the provision of surveillance and protection of cashiers during the operations, or in the repair of faults, outside usual opening hours to the public in the respective offices.
(g) outstanding travel abroad of the immovable object of protection for activities directly related to the functions of surveillance and security, taking into account, where appropriate, the instructions of the competent bodies of the forces and security corps.
2. the limitations provided for in the preceding paragraph shall not apply to the services of surveillance and protection of private security of the means of transport and its infrastructures that have specific and unique traffic routes, coordinated as appropriate with the services of security bodies and forces. "
Twenty-four. New wording is given to paragraph 1 of article 80. That article is worded as follows: "article 80. Service in industrial areas or residential areas.
1 security service belonging to industrial parks or isolated developments commonly developing will be provided by a single security company and will perform, during night hours, by means of two vigilantes, at least, must be connected with each other and with security by radio communication company and have displacement means suitable to the extension of the polygon or urbanization.
2 the provision of the service in industrial areas or residential areas must be authorized by the civil Governor of the province, subject to verification, by a report of the competent units of the forces and security bodies, that meet the following requirements: to) polygons or housing developments are clearly demarcated and separated from the populated parts.
(b) that there is continuity between different parts of the polygon or urbanization, roads outside them, or by other factors. Where there is or there is continuity, each party must be considered a polygon or autonomous estate for the purposes of application of this article.
(c) that do not perform a public use of the streets of the estate or estate by traffic or frequent movement of vehicles foreign to them.
(d) that the municipal administration has not been made responsible for the management of the common elements and the provision of municipal services.
(e) that the polygon or urbanization has specific and global management allowing the adoption of joint decisions.
3. irrespective of the provisions of paragraph 1, the holders of the assets that comprise the estate or estate may conclude with different security companies protection from their respective premises, buildings or facilities, but in this case security guards shall carry out their functions inside the indicated premises, buildings or installations.
4 when in the fulfillment of its mission at industrial estates or residential areas, and independently of the exercise of the function that corresponds to them in access control, were accurate identification of any person, the guards will reflect it in a part of the service, to be then delivered to units of the forces and security forces."
Twenty-five. New wording is given to paragraph 1 of article 83. That article is worded as follows: "article 83. Responsibility for custody of the weapons.
1. the security companies will be responsible for the conservation, maintenance and functioning of weapons, and the security guards, security, care and correct use of which had assigned, during the provision of the service.
2 the obligation to deposit the weapon in the Armorer of the workplace will be accountable to the watchman and the head of security, and on deposit at the Armorer of the security company, the watchman and security chief or director of the security company.
3. of the loss, theft or theft of weapons, as well as, in any case, its absence from the dealer when they should be deposited in the same must be given immediately to the dependencies of the forces and security forces."
Twenty-six. New wording is given to paragraph 1 of article 84. That article is worded as follows: "article 84. Shooting exercises.
1. the security serving armed guards should be an exercise of mandatory shot at the half, and others who can provide such services, for being in possession of the relevant licenses of weapons, even if they are deposited in the interventions of weapons of the Civil Guard, a compulsory year shooting exercise. In both cases, the number of shots to be determined by the Ministry of the Interior shall be made. Nor more than fourteen months between two successive periods of the second should not take more than eight months between two successive exercises of the first.
The lack of implementation or the negative result of a firing exercise may give rise to temporary corresponding weapons license suspension until the exercise is carried out with positive result.
2. If necessary, for the compulsory exercises of shooting guards that had no assigned weapons, they will move by the boss or security officer of the company that it has such an object, making the transfer with the protection of an armed guard, going guns unloaded and separated from the cartridges, according to the regulation of weapons."
Twenty-seven. Article 97 is worded as follows: "article 97. Communication with the forces and security corps.
The heads of security, as well as the directors of security, be channeled to the dependencies of the forces and security corps communications referred to in article 66 of this regulation, and must appear to the briefings and coordination that they are cited by the competent police authorities."
Twenty-eight. Article 100 is drawn up as follows: "article 100. Communication of highs and lows.
Security companies and institutions with Security Department shall inform the General Directorate of police the highs and lows of the heads of security and security directors, respectively, within the five days following the date they."
Twenty-nine. New wording is given to paragraph 4 of article 104. That article is worded as follows: "article 104. Special register.
1. by the General Directorate of police will take a record of private detectives with open office, which, with the number of order of registration, it shall bear his name and surname, address social and, if necessary, detectives associated or dependent, in accordance with the applicable provisions of articles 52 to 65 of this regulation-enabled , and delegations or branches that those depend, as well as the trade name using. The General Directorate of police promptly shall communicate these data to the corresponding authority of the competent autonomous community.
2. for the beginning of the development of the functions of the private detective and his partner detective, the opening of the office must be reviewed in the register to that referred to in the preceding paragraph, and candidates must hold the owner and members of the corresponding professional identity cards. No can be advertising of the activities of private detectives without being registered in the registry.
3. the registration of the firm in such registration shall be prior instruction procedure, initiated at the request of the person concerned, which shall prove, if already not so in the body responsible for the registration, compliance with the General requirements that are determined in article 53 of this regulation, and the specifics mentioned in article 54.5 thereof as well as the caused high in economic activities tax.
4. the registration of dependent or associated detectives will remember upon request the titular detective of the firm which depend on, attaching, in the event of a labour relationship, proof of discharge of those on Social Security.
5 procedures for registration of offices of private detectives will be les application the provisions of articles 8 and 9 of this regulation, on rectification of defects, resolutions, notifications and resources.
6. the number of order of registration and the date on which it has agreed will be communicated to the person concerned, that it shall that number in your advertising, documents and reports.
"7. any variation of the registration data, as well as those relating to dependent or associated detective and delegations or branches, will communicate, within the period of fifteen days of the date thereof, for purposes of possible incorporation into the special register, to the General Directorate of police, who shall forward it promptly to the appropriate organ of the competent autonomous community."
Thirty. Article 106 is worded as follows: "article 106. Establishment of branches.
Private detectives may establish branches or executive departments in the same town where they have established their professional office or in other different and must, in any case, be directed each of them by a detective enabled pursuant to the provisions of this regulation, other than the holder of the main office.
Thirty-one. Section 107 is worded as follows: "article 107. Opening of branches.
"For the effectiveness of the provisions of the preceding article, shall previously inform the General Directorate of police, that it will transfer to the competent autonomous community, the opening of the delegation or branch, with the determination of its location, and accompanying documents relating to the detectives who go to work in the same."
Thirty-two. Article 108 is worded as follows: "article 108. Notetaking.
In each office and branches, the detectives take a registration, depending on the model to be approved by the Ministry of the Interior, which was designed so that file and its treatment can be mechanized and computerized."
Thirty-three. Rule 110 is worded as follows: "article 110. Liability.
Private detectives and Detective firms will respond civilly for actions or omissions, during the execution of its services, incurred by dependent or associated detectives that are linked with them."
Thirty-four. Article 115 is worded as follows: "article 115. Optional Security Department.
Companies, industrial, commercial or services, and public and private institutions which, without being obliged to do so - for not being included in the cases regulated in article 96 of this regulation-, intend to organize its Department of security, with all or any of the roles listed in the following article, must have a director of security at the ", and notify the subdelegation of the Government, if the scope did not exceed the territory of a province, and, in any case, the Director general of the police."
Thirty-five. The second paragraph of point (b) is modified) article 121. That article is worded as follows: "article 121. Requirements of the vaults and rental boxes.
The vaults of cash and rent compartments must have the characteristics and the resistance level to be determined by the Ministry of the Interior and equipped with the following security measures: to) mechanical or electronic device which allows the door lock from the time of closure of the establishment until the first hour of the following working day.
(b) automatic opening system delayed, which must be activated during the workday, except rental bays Chambers, which will dispose of electronic attack detection system connected 24/7.
In cases that the vaults, in order to allow access to its interior in case of emergency, have trampones, these may be free of any device blocking or timing, whenever your keys to be deposited for safekeeping in another upcoming branch of the same entity or group.
(c) microphone detectors, seismic detectors or other devices that enable to detect any attack through ceilings, walls or floor of vaults or rental boxes.
(d) volumetric detectors.
e) peepholes eye fish or similar devices, circuit closed TV inside, connected with the detection volume or equipped with video, with projection of images on a monitor that is visible from the outside.
These images must be transmitted to the alarm Center or, otherwise, the entity shall have the custody service keys for response to alarms."
Thirty-six. In article 122 new wording is given to paragraph first paragraph 3 and a final paragraph is embodied in paragraph 3; new wording is given to paragraph b) of section 4.1. and, in this same section, included the 3rd such article is worded as follows: "article 122. Safes, cash dispensers and automated teller machines.
1. the safes must have resistance levels to be determined by the Ministry of the Interior, and will be protected with devices blocking, and automatic opening delayed, in accordance with the provisions of the preceding article. When your weight is less than 2,000 kg, will be, in addition, anchored, permanently, in reinforced concrete, on the floor or to the wall structure.
2. for the operation of the establishment or office, boxes assistants, in addition to the drawer where the needed cash for operations is deposited, in his case, will be equipped with elements with possibility of deposit of cash inside, so that it is necessarily subject to opening delayed for extraction.
3 cash dispensers shall be built with materials of the resistance determined by the Ministry of the Interior, and must be connected to the alarm centre during opening hours to the public.
These effects are considered to be cash dispensers which, when being equipped with system of automatic delayed opening and possibility to support income, permit the automated dispensing of cash against currents, accounting accounts or passbooks, free, up to the amount determined by the Ministry of the Interior.
In an establishment or office when all auxiliary boxes are replaced by cash dispensers, will not be accurate installations referred to in article 120.1. d) and e) of this regulation. However, you can provide auxiliary boxes for use in case of breakdown of cash dispensers.
4 ATMs must be protected with the following security measures: 1 when installed in the lobby of the establishment: to) access door armoured glazing resistant at least to manual impact of level to be determined, and internal locking device.
(b) device of automatic opening delayed at the gateway to the deposit of cash, which can be deactivated, during cargo operations, by security guards responsible for such operations, prior notice, where applicable, the person responsible for the control of security systems.
(c) earthquake detector on the back.
(2D when installed in front or inside the inside perimeter of a building, the measures provided for in paragraphs b)) and (c) above.
3rd when installed in the interior of buildings, local or immovable, provided that these are equipped with permanent weapons surveillance, ATMs excepted the fulfillment of the previous security measures, and he is only required to be anchored to the floor or to the wall when their weight is less than 2,000 kg.
5 If the ATMs were installed in open spaces, and were not part of the perimeter of a building, must have cabin anchored to the floor of the characteristics to be determined, and be protected by the measures referred to in paragraph 1 above."
Thirty-seven. A second paragraph is incorporated in paragraph 1 of article 135. That article is worded as follows: "article 135. Review. Book-catalogue.
1. for the purposes of maintaining the functioning of different safety measures provided for under this title and the achievement of the purpose of preventive and protective, of each of them, the address of each entity or establishment must have electronic security measures will have review and implementation, on a quarterly basis, these measures by personnel of security companies , or if there is adequate, and must not spend more than four months between two successive revisions, and note revisions and sunsets to carried out in a book of the installed, according to the model that is adopted in accordance with the rules issued by the Ministry of the Interior, which was designed in such a way that it may be subject to treatment and file mechanized and computerized.
This book is also obligatory for industrial, commercial businesses or services, connected to alarm stations.
2. where facilities permit physical state and the operation of each of the elements of the system from the alarm Center, preventive revisions will be annually, and may not spend more than fourteen months between two successive."
Thirty-eight. Article 136 is worded as follows: "article 136. Authorization.
1 when you plan on opening or transfer of an establishment or office, whose premises or facilities are available in some or all of its services, certain security measures in this regulation, responsible for those will request authorization from the delegate of the Government, which ordered the examination and verification of security measures installed and working properly , officials who have assigned legally such faculties.
Up to both such verification takes place, it may be provisionally authorized by the competent police authority, opening the establishment or office for a maximum period of three months, provided that is temporarily implant service of armed security guards.
As regards the reform of previously authorized, an establishment or office, involving the adoption or modification of measures of security, just communication to the competent police units, for verification.
2 practiced inspection without confirming deficiencies of the mandatory security measures, the establishment may continue their activities without the need for armed surveillance, until the final authorization takes place, either proceed with the opening of the provisional, if it had not done so previously, sufficing to do so the favorable inspection report.
3. from observed shortcomings in the mandatory security measures, we'll send copy of the inspection report to the company or entity concerned to rectify those within a maximum period of one month, and must communicate the correction to the competent Police Department for the purpose of re-verification. During the indicated period, the establishment may remain in operation whenever you have the service of armed security guards.
Within that period unless the company or entity concerned has communicated the correction of deficiencies, will proceed to the closure of the establishment or office until it is found the remedy through the corresponding inspection report.
4. in the event that the company or requesting entity not received indication or communication whatsoever, within the period of three months from the date of filing of the application for authorization, or one month from the date of submission of the communication concerning the rectification of deficiencies, can understand authorized opening or transfer of the establishment or approved the reform effected.
5. no mandatory security measures and reforms that do not affect the essential elements of the security system, installed in this type of establishments or offices, shall be communicated to the police units of the relevant bodies, before its entry into operation, but shall not be subject to prior authorisation.
6. the provisions contained in this article shall also apply to automated teller machines, in the event of installation and entry into operation, modification or transfer thereof."
Thirty-nine. New wording is given to paragraph 1 of article 139. That article is worded as follows: "article 139. Communication on liability policies.
1. annually, within the same period determined in paragraph 1 of the preceding article, security companies will introduce, in the register on it were inscribed, certified accreditation of validity of the corresponding policy that documents the civil liability insurance contract.
And in the annex to this regulation, crediting it to the registry of companies of security. "
Forty. Article 141 is worded as follows: "article 141. Annual report of private detectives.
Private detectives should present in the Secretary of State for security, within the first quarter of each year, a memory of the previous year's activities, which shall contain the statement of services performed, or legal status of persons that were concluded, writing in the latter case the specific activity concerned and the specific sector the nature of the services provided, made criminal ex officio prosecutable communicated as a result of his performance, and governmental bodies that were reported."
Forty-one. New wording is given to paragraph 1 and paragraph 3 of article 144 is incorporated. That article is worded as follows: "article 144. Inspections.
1. Apart from the development of schemes of inspection having established, when they recibieren allegations of irregularities by companies or security personnel, or centers, training or staff, the police services of inspection and control will proceed to the verification of the facts and, where appropriate, the opening of the procedure.
2 always indicated staff inspection of companies in security, public or private establishments, or in offices of private detectives: to) Diligenciará the revised books, stating the deficiencies or anomalies that finds.
(b) carry out precise checks for the finding of the content reflected in books, and companies and security personnel work together to this end.
(c) of each inspection, it will extend the corresponding Act, providing a copy to the head of the establishment.
3 acts of inspection, which will contract measures, media and private security activities, may develop, either: a) at the registered office of the company, delegations, offices, premises, offices, or places annexed to these, in which to develop it-related or private security activities.
(b) in real estate, spaces or places where private security services provision."
Forty-two. Article 148 gives new wording to the first subparagraph of paragraph 5, and paragraphs c incorporated), d) and e) in paragraph 7. That article is worded as follows: "article 148. Very serious offences.
Companies may incur the following very serious infringements: 1. the provision of security services to third parties, lacking the necessary, including authorization: to) the provision of security services without registration and authorisation for entry into operation for the kind of services or activities concerned.
b) the continuation of the provision of services in case of cancellation of registration or termination of the liability policy, without booking another within the regulation period.
(c) the subcontracting of services and activities of private security companies that do not have the required qualification for the service or activity concerned, except in the cases permitted by law.
2. the realization of activities prohibited in article 3 of the Act, political or labor conflicts, user control and collection of personal data with such an object or information to third parties about your customers or your staff, in the event that they are not constitutive of offense.
3. the installation of not approved materials or technical means which are likely to cause serious harm to people or to the general interest.
4. the refusal to facilitate, where appropriate, the information contained in the regulatory records books.
5 failure to comply with the provisions of regulations on the acquisition and use of weapons, as well as on availability of gunsmiths, conservation, maintenance, operation of weapons and custody of them, particularly the possession of firearms by staff in their service outside of the cases permitted by law, including: a) possessing weapons other than those determined by law for the service concerned.
(b) the holding of weapons lacking ownership of the same guide.
(c) award to security personnel, weapons that are not those according to the rules established for the service.
(d) the negligence in the custody of weapons, which could lead to their abduction, theft or loss.
(e) lack of gunsmith with the corresponding approval or not make use of the same, in cases where it is required in this regulation.
(f) carrying out mandatory shooting exercises by security personnel without the presence or the direction of the instructor of shooting or, where appropriate, the head of security, or in breach of the provisions to the effect in article 84.2 of this regulation.
(g) providing weapons to staff that lacks the statutory license.
6. the security services with weapons outside the cases provided for in the Act and this regulation, as well as instruct staff that lacks the regulatory licensing services with weapons.
7 refusal to lend assistance or collaboration with the forces and security bodies in the investigation and prosecution of criminal offences, the discovery and arrest of the criminals or the realization of inspection functions or control which they are entitled, including: a) the lack of timely communication to the forces and security bodies of relevant information for prevention maintenance or restoration of public safety.
(b) the lack of timely communication of criminal acts that have knowledge in the development of their activities.
(c) the refusal to facilitate concerned officials contracts, appcc or leaves regulatory route, which contain data related to the private security services.
(d) the refusal to facilitate such officials access to places where private security activities are carried out, or provision of services of this nature, except for the private homes.
(e) prevent or hinder in any way the control of the provision of security services, when computer systems of communication are established.
8. the Commission of a third serious offense in the period of one year."
Forty-three. New wording is given to paragraph b) of paragraph 4, and paragraph 5 of article 149.
That article is worded as follows: "article 149. Grave breaches.
Security companies may incur the following serious violations: 1. the installation of material or technical means not approved, where the approval is mandatory.
2 the realization of transport with vehicles that do not meet the statutory, including characteristics: to) the use of vehicles with distinctive signs or characteristics similar to the of the armed forces or forces and security bodies or with lanzadestellos or acoustic systems that are prohibited to them.
(b) the realization of services, transportation or distribution without that vehicles have the statutory provision of vigilant security or, in their case, without the necessary protection.
3. the performance of duties which exceed the qualification obtained by the security company or the staff at your service, or out of the place or of the corresponding territorial area, as well as the retention of the personal documentation; the realization of services in industrial estates and housing developments without having obtained authorization expresses the civilian Government or the relevant body of the competent autonomous community, and the outsourcing of security services with companies listed, but not enabled the territory corresponding to the place of performance of the outsourced activity or service.
4 the realization of the security services without formalising or communicate to the competent authority the celebration of the corresponding contracts, including: a) the realization of personal protection services, lacking the authorization referred to in articles 27 et seq. of this regulation, after the established deadline or apart from the conditions imposed in the authorization.
(b) the lack of communication of the contracts, or, if any, bids that materialize their benefits, or modifications thereof, to the competent authorities; failure to do so within the time limits, or do not conform to the models or approved formats, and the provision of services, in circumstances or conditions other than those provided for in the reported contracts.
(c) the lack of communication to the competent authorities, within the established period, the provision of emergency services in exceptional circumstances.
5. the use in the exercise of functions of security, people lacking nationality, qualification, accreditation or certification required, or any other requirements, including the overcoming of the corresponding courses of updating and specialization with the established periodicity, and the use of personnel enabled without corresponding high in business communication in the form established.
6. the neglect or omission unjustified service, within the working hours established by the vigilant security and staff of private security that applying rules of the watchers.
7. the lack of submission to the competent authority of the annual report of activities, in the form and time prevented or with omission of the information required by law and legal.
8 not to transmit alarm signals that are recorded in private stations, transmitting signals with unjustified delay or communicate false incidents, by neglect, poor or lack of prior checking, security bodies and forces including: to) the poor operation of plants of alarms for lack of the necessary staff.
(b) the transmission of alarms to the police without checking them properly and prior.
(c) the transmission of false alarms to security bodies and forces due to lack of adoption of the necessary precautions to avoid them.
(d) the lack of correction of the deficiencies which give rise to false alarms, when it has any been required to do so, and the disconnection of the system that has been properly ordered.
9. the Commission of a third minor violation in the period of one year."
Forty-four. New wording is given to points 12 and 18 of article 150. That article is worded as follows: "article 150. Minor offences.
Security companies may incur the following minor infringements: 1. the entry into operation of the security companies without realizing it to the relevant police departments, except where it constitutes a serious or very serious violation.
2. the opening of delegations or branches without obtaining the necessary authorization from the competent authority.
3. the omission of duty to open branches or offices in so-called prevented in article 17.2 of the regulations.
4. the advertising of the company without being registered and approved, and carrying out advertising activities and services or the use of documents or print in their communications, to put on record the registration number of the company.
5. the lack of annual presentation, within the established period, the certificate's validity of the liability policy.
6. the lack of communication to the competent authority, within the period and in the manner prevented, of the changes affecting the ownership of the shares or participations in the capital or to the personal composition of the organs of administration, and any variation in the management of the society.
7. the lack of communication to the competent authority of the information prevented during the provision of personal protection or that relating to the completion of the service.
8. the omission of the duty of confidentiality in the schedule, route and realization of services relating to the transport and distribution of valuable or dangerous objects.
9. the performance of the operations of the transport, loading or unloading of hazardous or valuable objects by means other than the prevented or without taking the necessary precautions for their safety.
10. the performance of services without securing the communication between the headquarters of the company and the staff performing them when it is compulsory.
11. the omission of the warnings or precautions regulations in the transport of valuables by sea or air.
12. the omission of installation projects, prior to the installation of security measures; the necessary checks, or the issuance of the certificate which ensures that security installations comply with the regulatory requirements.
13. the lack of mandatory inspections of security installations without meeting the established periodicity or staff that does not meet the required qualifications.
14. the lack of service necessary to fix faults occurring in appliances, devices or security systems mandatory, or without adequate capacity or efficiency.
15. the breach of the obligation to deliver the installation manual or the operating instructions for the security system or make them available without meeting the regulatory requirements.
16. the provision of services of custody of keys, lacking gunsmith or safe or without complying with the precautions prevented the effect.
17. the performance of security without the proper consistency or media that are statutorily required.
18. the omission of duty to adapt the regulatory registry to the regulatory standards of the formats or models; of the take them regularly and up to date, or the compliance standards of operation of the system or systems of information, communication or certification to be determined.
19. in general, failure to comply with the procedures, conditions or formalities established by the private security act or this regulation, always not constituting crime or serious or very serious violation."
45. New wording is given to point 13 of article 153. That article is worded as follows: "article 153. Minor offences.
Staff performing functions of private security may incur the following minor infringements: 1. the performance without the proper consistency or media that are statutorily required, staff not integrated into security companies.
2. the incorrect or inconsiderate treatment with citizens that are related in the exercise of their functions.
3 not to communicate promptly to record changes in the registration data of the titular detective or detectives associated or dependent.
4. the advertising of private detectives lacking the necessary qualification, and the realization of advertising or using documents or forms, not to put on record the registration number in the register.
5. not to take private detectives prevented notetaking, not take it according to the rules governing models or formats, or not be included the necessary data.
6. do not communicate timely security bodies and forces the loss, destruction, theft or abduction of the documentation relating to the weapons that were assigned.
7. the lack of timely communication by staff of the absences of the service or the need for private security to leave, for the purpose of replacement or relief.
8. the use of dogs in the provision of services, without complying with the requirements, or without taking into account the precautions prevented the effect.
9. do not use uniforms and badges, wherever required, or use them out of the places or hours of service.
10. the delegation by the chiefs of security of not delegable powers or do it in people who do not meet the regulatory requirements.
11 disregard instructions of the forces and security bodies in relation to persons or goods subject to surveillance and protection without just cause.
12. don't show your professional documentation to police officers or not to identify itself to citizens which are linking service, if they were required to do so.
13. in general, the failure to comply with the procedures, conditions or formalities established by the law of private security or by the regulation, provided that they do not constitute crime or violation serious or very serious, including the non-realization of the corresponding courses of updating and specialization or not make them with the established periodicity."
Forty-six. Article 159 is worded as follows: "article 159. Report.
In proceedings for misconduct very serious or serious, before formulating the proposed resolution, organ instructor, where appropriate, shall send a copy of the instructed record, and will report to the organic unit of the General Directorate of police, which will broadcast it within a period of fifteen days private security interest."
Forty-seven. New wording is given to functions numbered 6.a, 8.a, 22.a, 26th and 35.a of the sole additional provision, which becomes first additional provision. That provision is worded as follows: "first additional provision. Functions of the police of the autonomous communities.
Corresponding and bodies, where appropriate, the police of the autonomous communities with powers for the protection of persons and goods and for the maintenance of public order, in accordance with the provisions of their statutes of autonomy and as provided for in the organic law 2/1986, of 13 March, forces and security corps, shall 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 limited to the same. Also you shall be responsible for the complaint, and brought to the knowledge of the competent authorities, of the violations committed by the security companies that do not have their legal domicile in the territory of the autonomous community or its scope limited to the same. They will also exert faculties in private security arising from the additional provision of the organic law 1/1992 of 21 February, on the protection of public safety. In particular, corresponding les to the functions regulated in the articles of this regulation which are then determined: 1.a article 2.1. The registration requirement must be completed at the registry of the competent autonomous community.
2.a article 5.1. Statement and resolution of the different phases of the procedure of enabling security companies. Knowledge of the purpose of termination of the contract of insurance of civil responsibility.
3.a article 5.3. Inspection and control in the field of private security, as well as the requirement for reporting on the characteristics of the gunsmiths of security companies.
4.a article 7.1. The warranty shall constitute in the box that determine the competent autonomous community, in accordance with the relevant regulations, and available to their authorities.
5.a article 12.2. Cancellation of registration of security companies.
6.a articles 14.1 and 15. Receipt of information relating to the activities and personnel of security companies. And control of start of the activities of the security companies registered and authorized by the autonomous community.
7.a article 17.1 and 2. Application or the opening of delegations or branches of companies of security knowledge.
(articles 19.1 8.a. to), 20 and 21. Control of provision of services and the corresponding contracts.
9.a article 24. Determination of services that enterprises must ensure communication between their headquarters and the personnel who perform them.
10.a article 27, paragraphs 3 and 4, and article 28; Article 29 and article 30, paragraphs 1, 4 and 5.
11.a authorization of activities of protection of persons, when they are developed in the territory of the autonomous community.
12.a provisional authorisations of immediate for the provision of personal protection services.
13.a communication of the composition of the escort, their variations and the end of the service, as well as the communication to the police of the autonomous communities of the authorizations granted, of the data of the protected persons and the bodyguards and the time of initiation and completion of the service.
The relevant bodies of the competent autonomous community will realize timely to the Directorate General of the police of the authorisations granted and the communications received, in accordance with the aforementioned articles 27, 28, 29 and 30.
14.a article 32.1. Determination of non armoured protection.
15.a article 36. Supervision of the transport of funds, securities or objects.
16th article 44. Knowledge of the characteristics of the service damage.
17.a article 50. Requirement of correction of deficiencies and order of disconnection of the system with alarm.
18th article 66.3. Regulation and granting of honorary distinctions.
19th article 80.2. Authorization security services in industrial areas or isolated developments.
20th article 93.3. Authorization of services with weapons by private guards of the camp whose activities are carried out in the territory of the autonomous community.
((article 21.a 96.b) and c). Provision on the provision of services under the direction of a Chief of security.
22.a article 100. Communication of highs and lows of the heads of security and security managers.
23rd articles 104, 105 and 107. The opening of offices of private detectives and of their delegations and branches, as well as acts constituting societies of detectives and their modifications, in the territory of the autonomous region must be reported to this by the General Directorate of police, as soon as they appear to be regularized in the corresponding registry.
24th article 111. Resolution on the adoption of measures of security firms or institutions, industrial, commercial or service.
25th article 112.1. Demand companies or entities that adopt services or security systems.
26th article 115. Communications relating to the creation of security departments and the appointment of Directors of security.
Article 115. Requests for creation of security departments.
27th article 118. Granting of waivers of the implementation or maintenance of the service's guards, and safety inspection by the police of the autonomous community corresponding.
28th article 120.2, third paragraph.
Authorization for the substitution of security measures for the implementation of the service's security guards.
29th article 124.3. Authorization for the operation of offices of currency exchange, banks, mobile and transportable modules.
30.a article 125. Granting of exemptions of implementation of security measures.
31st article 128. Knowledge of carrying out exhibitions or auctions of items of jewelry or silverware as well as antiques or works of art, as well as the imposition of security measures.
32nd article 129. Dispensation from the adoption of safety measures.
33.a article 130.5 and 6. Imposition of the obligation to adopt a services or security systems service and supply of fuels and fuels units, stations as well as the waiver of the adoption of security measures.
34th article 132.4. Adoption of security systems by administrations of lottery and totalizator betting firms.
35.a article 136. Checks, inspections and authorisations of opening and transfer of establishments or offices required to have safety measures, and installation, modification and relocation of ATMs.
36th article 137.1. Competence of control in the field of private security.
37th article 137.2. Collaboration of the police for the exercise of the function of control.
38th article 137.3. Control of the proceedings of the special guards of the field.
39th article 138. Annual report of activities of the security companies having their registered office and its scope limited to the territory of an autonomous community competent in the matter, which is submitted to the Ministry of Interior, will be sent copy by the Secretariat to the corresponding body of the autonomous region.
40th article 140. Communication of changes to security companies registered in the register of the autonomous region.
41st article 141. Annual report of activities of the detectives private offices, delegations or branches exclusively in the territory of an autonomous community competent in the matter, which may be submitted to the Ministry of Interior, will be sent copy by the Secretariat to the corresponding body of the autonomous region.
42nd article 143. Available to the registry of companies of security, and private detectives, and access gun safes, vaults and facilities all for the purpose of inspection and control.
43.a article 145. Adoption of the measure precautionary occupation or seal and ratification of it, where appropriate.
44th article 147. Suspension and ratification of the suspension, of private security services or the use of material or technical means.
45.a article 157.2. Competence to order the initiation of disciplinary proceedings and measures injunctions in relation to security companies.
46th article 158. Competition for the instruction of proceedings to security companies.
47.a articles 160 and 162. Competition for the issuance of report and to arrange for publication of the sanction."
Forty-eight. The second additional provision is incorporated.
"Second additional provision. Reduction of the minimum guarantee.
"Determining the minimum guarantee amounts, specified in section I of the annex to this regulation, any who activities that make or services provided, will be reduced to 50 per 100, in the case of companies that have less than 50 employees, and for two consecutive years does not exceed the 601.012,10 euros (100,000,000 pesetas) in annual turnover."
Forty-nine. A single repealing provision is incorporated.
"Sole repeal provision.
Is repealed and paragraph 2 of article 30, paragraph 5 of article 43 of the regulation of private security. "
First additional provision. Excluded activities.
The initial paragraph of the first additional provision of the Royal Decree 2364 / 1994, of 9 December, which approves the regulation of private security, is drawn up in the following way: "are beyond the scope of the regulation of private security the following activities performed by personnel other than the private security, not integrated into security companies ", provided that the recruitment is carried out by the owners of real estate and has the direct object any of the following activities:" second additional provision. Terms of adequacy of security measures.
(The transitional provision quinta.uno.A) .b). 2. or the Royal Decree 2364 / 1994, of 9 December, which approves the regulation of private security, is worded as follows: "2D five years for the measures corresponding to vaults and chambers of rental boxes.
Not necessary the adaptation required by this transitional provision to the requirements established by the rules of implementation of the regulation of private security, from the vaults of cash they have as their sole purpose the protect the necessary daily lace for the operation of the corresponding office.
The adequacy of cameras car compartments, the safes or armoured cabinets in that car compartments are located will also be necessary.
Vaults of cash, with the exception of those included in the previous paragraph, and cameras installed rental boxes prior to the date of entry into force of the rules for implementation of the regulation of private security, will be exempted from compliance with the duty to adapt to established security measures, when the relevant police services to verify the physical inability to carry out such adaptation ", and provided that these cameras provide the electronic supplementary measures to be determined." The measures corresponding to vaults of cash and cameras of rent cases regulated in the regulation of private security and regulations that develop it, will be payable to those that are installed for the first time from the date of entry into force of the above-mentioned standards of development."
Third additional provision. Adaptation to the European regulations. References.
In accordance with the provisions of the sole repeal provision, paragraph 2, of Royal Decree 2/1999, of 29 January, amending the law 23/1992 of 30 July, private security, all references to nationality and residence contained in the regulation of private security, approved by Royal Decree 2364 / 1994, of 9 December They shall be made to the nationality of any of the Member States of the European Union and the States part in the agreement on the European economic area, and residence in the territory of those States.
Fourth additional provision. Adaptation of references to the current administrative structure.
Also, all references contained in the regulation of private security to the Ministry of Justice and the Interior, the Ministry of Interior, and the civilian Governments, be construed as references to the Ministry of the Interior, the Secretary of State for security, and the Government's delegations, respectively.
First transitional provision. Data communication.
Within a period of three months following the date of promulgation of the present Royal Decree, security companies registered in the corresponding police records, should present in a relationship of the staff at their disposal, with expression of identification data, categories and jobs.
Equally, business industrial, commercial and services which, at the date of promulgation of the present Royal Decree, have Department of security, must notify the appropriate police service the structure and functions of the Department, as well as identification data of the director of security who is in charge of the same.
Second transitional provision. Validity of pre-existing standards.
Until take place the adoption of specific provisions for the development and implementation of the provisions of this Royal Decree, they shall remain in force for the standards applicable to the aspects referred to further policy development and, in particular, the following: to) the presentation of contracts for service in the corresponding police units.
(b) the model and content of the registry have not been deleted by this Royal Decree, leaves route and book-catalogue of security measures.
(c) those relating to the previous and ongoing training of security personnel.
(d) carrying out tests by the staff who has been inactive more than two years.
Sole repeal provision. Repeal legislation.
Many provisions of equal or lower rank to oppose provisions of this Royal Decree are repealed.
Sole final provision. Enabling legislation.
It authorizes Vice President first of the Government and Minister of the Interior to realize aspects of the modified precepts of the regulation of private security, which are necessary for its execution.
Given in Madrid on October 19, 2001.
JUAN CARLOS R.
The first Vice-President of the Government and Minister of the Interior, MARIANO RAJOY BREY