WRITTEN QUESTION E-1713/98

by Roberta Angelilli (NI) to the Commission

(29 May 1998)

Subject: Regulation of private armed guards in Italy

In Italy, the profession of Guardia Particolare Giurata (private armed guard) is regulated under provisions dating from 1932 and the law still gives no clear indication of the professional status of these guards or of the bodies responsible for organizing their work.

This means that, from a contractual point of view, these workers are equated with all other workers with no consideration of their special status as auxiliaries to the forces of law and order working to prevent crime or the fact that they are armed. These private guards perform duties such as transporting valuables, acting as 24 - hour security guards and providing a security service for private individuals and public bodies. Despite this they have the same status as ordinary citizens and do not even have the right of arrest, except where they catch someone in the act of committing a crime, or the right to use a weapon, except in self-defence.

Furthermore, the lack of appropriate legislation has led to the proliferation of security guard agencies which are not regulated and are therefore not subject to proper controls ensuring reliability and adequate professional training in this very sensitive sector. As a result, the safety of the guards and the public is jeopardized and all the rules governing competition are disregarded.

In view of the above, will the Commission say:

1. Whether legislation exists in this area in other EU countries?

2. If so, whether it gives private security guards the status of public servants?

3. Whether there are any directives or Commission documents in this area?

4. What its general views are on private security guards in Europe?

Answer given by Mr Monti on behalf of the Commission

(28 July 1998)

Since the beginning of this decade, several Member States have introduced new rules regulating the activities of private security firms such as security guard firms, security firms which transport money and firms which install and maintain alarm systems and centres. According to the Commission's information, these countries are Belgium, Spain and Portugal. In France discussions have started with a view to introducing new legislation.

Some Member States attempt to restrict access to the market by private security services by laying down nationality requirements or by requiring establishment on national territory. In Italy, for example, the Consolidated Text of the Law on Public Safety (Testo Unico delle Legge di Publica Sicurezza) of 13 July 1931 requires such enterprises wishing to set up in the country and their employees to have Italian nationality. The Commission considers that these conditions constitute overt discrimination in contravention of Articles 48, 52 and 59 of the EC Treaty. On 18 June 1998 it therefore decided to send a reasoned opinion to the Italian Government.

There is no Community directive regulating access to this sector. The Commission considers that it is a sensitive sector where national authorities should be able to intervene provided that they comply with the provisions of the EC Treaty.