During the celebration of the Second Congress, there were several questions to Commissioner Esteban Gandara on some aspects of ministerial decrees. Then transcribed the questions and recording the answers that the Commissioner gave to them. In any case, it should be noted that the responses they were verbally and therefore in this document is only transcribed but may not be considered as a criterion in writing of the UCSP.


1. – In cases in which its registered office or head office is located in an office building, there are certain elements whose location becomes impossible, such is the case of gated windows still solid and townhouses.

Will they make any exception for private security units when conducting inspections in this regard to be the same as imosible (or unnecessary) compliance?

What about delegations are not “operational” and only perform purely administrative?

(Note: especially in the case of offices in buildings where their location in height and type of window facade access seamás complicated by the climb in bars or the like, on the ground floor).

Answer: Article 5 of the Ministerial Order and states that systems can be protected when the bars and other measures san installation impossible. Therefore, establishing the need for physical security and in case of failure, provides electronic protection.

Regarding the delegations, nothing is set in the articles on the application flexibility.The standard does say that companies and their delegations are to meet the minimum required by the standard itself. The solution, although not foreseen in the legislation, could be provided that proves the purely commercial, apply for a waiver by the administration.

2. – The third additional provision states that once published a new technical standard that exists today is not the SEIE EN5013X on components of a security system will be mandatory and immediate. This is not possible to fulfill it. The manufacturers need time to design, manufacture and certify new products.

It is considered that the end would have to be taken into account and include an adjustment period of at least 18 months. How do you foresee this situation?

Response: This provision is common to all ministerial orders. Allows changes to be updated without amending the articles of their own orders. You have to get onto the forums of standardization. In addition, the prologue of a standard current and explains the process of drawing, from which the Standard is made up that actually enters into force may take three years. Therefore, another solution is to be attentive to the development and publication of the Standard. Also, when the NPC knows the publication of a new Standard, released to the sector.

3. – For the treatment and processing technique of all necessary document management companies seguriad as record books, contracts, facilities, reviews, reports and so on.

Is subject to the provisions of Law 11/2007 and 1671/2009 and ENS 3/2010 and ENI 4/2011 and related standards and complementary to its format, transmission, signature, and file locking? What are the current limitations of existing due to lack of material development of OM INT 3516/2009?

How will the filled out registration of the different books in electronic form?

Answer: The Administration will adapt the different steps to process mail. As long as the procedure will continue as hitherto and adapt measures that will be made electronically. 4.-For the control, security companies must communicate through the electronic office of the Directorate General of Police and the Guardia Civil, the CNP area, once this procedure is included in the Annex to INT/3516/2009 Order of 29 December, or, where appropriate, in the corresponding Autonomous Communities, or the corresponding Provincial Police, the ups and downs of security guards and their specialties, within five days after such ups and downs occur.

4. – Do I have to communicate the ups and downs of technical and business operators of CRA and facilities?

What is the expected time for the development of Annex INT/3516/2009 Order?.

Answer: Not required. Because it is not private security personnel but must be in the Annual Report. There are 15 procedures, of these 15, 12 are electronic or capable of being and 3 no. Of the 12 electronic, there are 4 built and electronically and the Annex. Before the publication of the orders had been given a major boost to electronic communication, publication and given their importance and workload, this procedure has slowed but will be activated shortly.

5. – A vehicle from a company authorized to transport funds, with the logo of the company and the media required (GPS, phone, anti robbery alarm, etc) can perform multiple deliveries and collections on different routes from Monday Friday?

Answer: Yes, but under the conditions established by ministerial order itself and distinguishes between single collection or multiple collection each according to the amount.


A. – What are the certification bodies accepted? How do you communicate?

How will the installer if the product conforms to the degree necessary?

Answer: The certification bodies are accredited by anyone Enac Europeanlly Spanish or accredited. There is a commitment to communicate the NPC which are certification bodies, laboratories, manufacturers and even the products reported to them are certified.

2. – In order to apply the regulations EN50 is it intended to draft a supplementary technical instruction (ITC)?

A: Yes. It is preparing a paper application to the UNE, its scope and implementation.It will be an explanatory guide applicative.

3. – With respect to the change of subscribers from CRA, either individually or portfolio purchase, mergers between Cra, etc., connections will they be treated as new and will be maintained pending regulatory adaptation period (10 years) ?

Answer: The portfolio shift does not affect the installation or the period of adaptation.So, no problem, the term is 10 years. It’s a new top of the CRA but not a new installation. This standard only talks about the new facilities and they must be in accordance with ministerial orders, but the existing ones have a period of adaptation in 10 years.


A. – Given the number of questions that occur to adapt systems, as are those for security companies (2 years) and the other facilities (10 years), but in view of the questions and case is quite complex, could the UCSP to summarize application of the rule as a FAQ (“frequent ask question”) with the most repeated questions and publish your newsletter Segurpri? And at the same time, serve this FAQ course of action for adjustments, inspections and sanctions?

A: Yes. It is planned and is underway. There are many contributions from the industry and are being made.

2. – In view of the various initiatives that involved the Sustainable Economy Act in other areas will some effort to avoid sanctions normalizing the arbitrariness of some sanctions resolutions?

Answer: a sanction can not be arbitrary. However, this does not imply that all sanctions have to be equal. If a penalty is an arbitrary contest it. The police complaint, the administrative authority instructs, proposed penalty and, where appropriate, sanctions, and judicial authority is the last deciding if it gets administrative appeal.

3. – In the event of extension installation should they change all the elements and fit the required level, or affects the degree to new items installed?

Answer: It affects only the elements that are modified.

4. – What will be the safety criteria and procedures for the collection, transmission, recording and centralized storage and remote image control centers and CRA have them?

Answer: The rule does not include private security nothing. However, the UNE require the level of security installed: at least one level of encryption in communication.


1. – Section 35 of the Order. Interpretation of this article draws the conclusion that the course of providing service, private security personnel, is considered an agent of the authority.

A: Maybe yes, but not exactly as written. The text can not be said to have recovered as agent of the authority of the security guard. Can you improve the legal protection of private security personnel? Si. How? The decisions themselves. There is a limitation: no return to the agent of authority per se. Therefore, we will move, but how? Preparing for the legal amendment. THE Attorney General and the Court is already considering giving law enforcement officers in some circumstances casosy.With this article the NPC gives support for greater applicability of the criterion of the prosecution, for this reason that Article included in the Order.

In conclusion, there is going to recognize the status of agent of authority per se, but the order is no basis for a future revision of the laws of the Private Security Act and also founded the Sntencias handed down on and to give this condition part and in certain services.

2. – Could be considered for alternative approaches to those determined in the Decree for the accreditation of the similar conditions of experience and capacity referred to in the Regulation of Private Security to authorize the delegation deaths?

Answer: No. You could modify the ministerial order (although not happen) or via the Police resolution contemplates an alternative approach.

3. – In the case of provision of services by independent personnel Guarderio by making the required entry in the book and in the event of a subcontract for legal reasons (illness, temporary leave or other similar reason), who should be reflectedprimer stores in the outsourced contractor, the client or the contractor keeps base?

Answer: The Ministerial Order has not affected remains the same as before. The Order makes it clear who materializes only records of the primer (art.15.3).

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