CONDITIONS FOR PERFORMING PRIVATE SECURITY ACTIVITY – GENERAL INFORMATIONS
 

The Private Security Act (Official Gazette RS, no. 126/03, Constitutional Court decision no. 16/07 and 102/07 – hereinafter referred to as PSA) governs, in its Chapter V, conditions for providing services of private security by persons from the EU Member States.

Connection for The Private Security Act and other acts about private security services:
http://www.mnz.gov.si/si/zakonodaja_in_dokumenti/veljavni_predpisi/

Natural and legal persons from the EU Member States that have obtained in their country of origin the right to perform private security activity can, under the conditions laid down in the PSA, perform private security activity and provide private security services in the Republic of Slovenia.

The country of origin is the European Union Member State in which the persons from the above paragraph obtained the right to perform private security activities in accordance with the regulations of that country.

Provisions of other chapters of the PSA only apply to persons if Chapter V does not specify otherwise.

As regards the acquisition of a licence for providing private security services on the territory of the Republic of Slovenia,  persons from the EU Member States are, in accordance with conditions in this Chapter, in the same position as Slovenian nationals, regardless of whether they set up a legal entity in the Republic of Slovenia or register as a sole trader to perform  private security activity or particular private security services in the Republic of Slovenia with headquarters or residence in a EU Member State.

Persons from the EU Member States can be refused licence or banned from performing private security activity in the Republic of Slovenia for the following reasons:  
- public order;
- public security;
- protection of people's health.

The labour ministry issues to persons from the EU Member States upon their request a decision on the recognition of their qualifications in accordance with the law regulating the process of recognising qualifications of citizens of the EU Member States for performing regulated occupations or regulated activities in the Republic of Slovenia.

Qualification titles of persons from EU Member States performing public security activity can be used on the territory of the Republic of Slovenia even if they were obtained in another EU Member State.

If a person from an EU Member State uses a title obtained in their country of origin, the title must be the official language or one of the official languages of her country of origin.

If a person from an EU Member State meets the recognition requirements laid down in this act or the act governing the procedure of recognizing the qualifications of EU Member State citizens for performing regulated occupations or regulated activities in the Republic of Slovenia, they can use the title that is used in the Republic of Slovenia for this particular qualification.

PERFORMING INDIVIDUAL SERVICES OF PRIVATE SECURITY

Persons from EU Member States may perform services of private security in the Republic of Slovenia as individual forms of private security defined in Art. 5 of the PSA (e.g. individual money transport onto the territory of the Republic of Slovenia or individual case of protection of natural persons on the territory of the Republic of Slovenia).

Before starting to perform services referred to in the above paragraph persons from the EU Member States must inform the Ministry of the Interior in writing. In this notification they must submit:

- proof of professional indemnity insurance,
- proof of having the right to carry our private protection in their country of origin and on their potential membership in a professional chamber in their country of origin or another country, and
- authorisation by the client of the individual service of private security.

Persons from EU Member States are fully or partly exempt from insurance referred to above if they are insured in their country of origin to the same extent as regards the insurance conditions and extent of cover.

Fulfilment of conditions is proved by certificates issued according to the regulations of the EU Member State the person is from. Certificates must be submitted in certified translation into the Slovenian language.

Based on the notification and proof referred to above the Ministry of the Interior grants approval for performing individual services of private security to persons from EU Member States within 30 days and informs the competent authority of the country of origin of the person.

The Ministry of the Interior grants a licence for performing individual forms of security (Article 5 of the PSA) in administrative procedure. The representative of the legal person completes an application for obtaining the licence and encloses all the required documents.

Private security activity may be performed as an individual service base on art. 58 of the PSA, and you can set up a company in accordance with the Companies Act or as a company based in an EU Member State. We suggest that you contact a company dealing in setting up companies as regards information on the price, procedure, beginning of operation and necessary documentation.

Public order hindrances, in accordance with art. 36 of the PSA, are when an individual has been convicted for an intentionally committed criminal offence prosecuted ex officio or a public order offence with an element of violence. Security hindrances under art. 36a of the PSA are the findings of security vetting from which it follows that there are reasonable doubts as to the reliability of the person who is to perform private security activity. They are established in accordance with the regulations governing the acquisition of the permit to access classified data and to check data defined in the regulations on the conditions for the acquisition of a weapons document. In your case we will need an extract from the criminal record as regards criminal offences and minor crimes issued by the responsible judicial authority in your country.

As regards the membership fee for the private security chamber it would be best if you contacted them: zrszv(at)zrszv.si. They can also provide all the answers regarding the recognition and approval of qualifications for security staff, which is a precondition for obtaining the security personnel card. Membership in the chamber is not obligatory.

Conditions for each licence are different. Conditions applying to all types of licences are as follows: a person responsible for private security employed full time, absence of public order or security hindrances for security personnel, owners, representatives..., indemnity insurance, and own, or provided by a contract, video-surveillance centre. What varies is the number of necessary security guards for a particular type of licence, additional qualifications of security guards depending on the type of activity and ownership of premises and meeting of required standards in case of licence for managing a video-surveillance centre.

The fee for the acquisition of an licence for private security company is € 17.74 according to tariff no. 1 and 3 of the Administrative Fees Act (Official Gazette RS, no. 8/00 and amendments).

The fee for the acquisition of a licence for private security personnel is € 6.75 according to tariff no. 1 of the Administrative Fees Act (Official Gazette RS, no. 8/00 and amendments).

Companies carry out private security as their main activity. A licence holder can start carrying out the type of private security specified in the licence on the day of obtaining the licence. A licence holder and the client must sign a contract on security. A licence holder can only perform private security with persons determined in Articles 19, 20, 21, 22 or 23 of the PSA.

A company or a sole trader must meet all the conditions defined in art. 20, 31, 32, 33, 34, 35 and 35.a of the PSA to obtain each individual licence to perform activities of private security.

If the majority owner of a company applying for a licence is another company, public order and security hindrances shall be established also for the majority owner, legal representatives, procurators, members of the supervisory board and management of the company.

An essential condition is proficient knowledge of Slovene.

The contact person is Simon SAVSKI, head of the Private Security Division, e-mail: simon.savski(at)gov.si.