Private Security Services Companies (IEPYA) operate in accordance with the operating conditions, and the qualifications and obligations of their personnel, laid down in Law 3707/2008 (Government Gazette (FEK) 209/A/8-10-2008), which replaced Law 2518/1997:
Article 1 defines what constitutes a private security services company.
Article 2 sets out the terms and conditions for granting an operating licence to a security services company.
Licence – Conditions
1. Companies carrying out the activities referred to in paragraph 1 of Article 1 must hold a special operating licence for the purpose, issued by the Head of Staff of the Hellenic Police Headquarters following the opinion of a three-member committee, consisting of the head of the Legal Adviser's Office of the General Secretariat for Public Order of the Ministry of the Interior, the Head of the Crime Prevention Department of the Public Security Directorate and the Head of the Weapons and Explosives Department of the State Security Directorate of the Hellenic Police Headquarters, or their lawful deputies, provided that the applicant meets the following conditions:
a. is a Greek citizen, a person of Greek descent or a citizen of a member state of the European Union, provided that, in the latter case, there is no impediment on grounds of public order, public security or public health,
b. has reached the age of 18, c. has not been irrevocably convicted of any penalty for the offences of draft evasion, desertion, offences against the democratic constitution, treason, offences against the free exercise of political rights, offences against the authority of the State, offences against sexual freedom and the economic exploitation of sexual life, criminal organisation, terrorist acts, counterfeiting, forgery, breach of trust in office, violation of the confidentiality of telephone communications and oral conversation, theft, embezzlement, extortion, fraud, breach of trust, bribery (active or passive), oppression, narcotics, livestock theft, smuggling and offences relating to weapons and explosives, irrespective of whether or not the conviction is entered in the applicant's criminal record,
d. has not been irrevocably sentenced to a custodial sentence exceeding six (6) months for an offence under Article 7 of this law or for any offence committed with intent,
e. is not in pre-trial detention, has not been irrevocably committed for trial for a felony or for an offence under case c, and has not been convicted, even by a non-final judgment, of a felony or of an offence under case c. This impediment applies until an irrevocable acquittal is issued, f. has not been deprived of his or her political rights, even if the period of deprivation has expired,
g. is not under judicial assistance,
h. has not been dismissed from the public service for a disciplinary offence relating to the offences of case c of this paragraph,
i. is not a manufacturer or dealer in weapons, ammunition or explosives, and
j. does not suffer from any form of mental illness and is not a user of narcotic substances.
2. Where the application for a licence concerns a company, the licence is issued in the name of the legal entity. In the case of public limited companies, the conditions of the previous paragraph must be met by each member of the Board of Directors and their representatives, as well as by those shareholders who hold or acquire shares representing at least fifteen per cent (15%) of the company's share capital. All shares of such companies must be registered shares. The same conditions must also be met by each member of the Board of Directors and the representatives of any company that is a shareholder holding at least fifteen per cent (15%) of the share capital of the public limited security services company. In the case of limited liability companies and general or limited partnerships, the above conditions must be met by each of the partners and their managers, as well as by the members of the Board of Directors and the representatives of any form of company holding at least fifteen per cent (15%) of the capital of those companies. Any change in the legal form of the company requires a new licence to be issued.
3. The above licence is non-transferable, is valid for five (5) years and is renewed for an equal period, provided that the conditions of the initial grant are met.
4. A decision of the Minister of the Interior determines the supporting documents required for the issue and renewal of the operating licence, the relevant procedure and any other necessary detail.
5. Private security services companies may use a uniform for the security personnel they employ. The type of uniform, which is the same for all companies, is determined by joint decision of the Ministers of the Interior and National Defence.
6. Companies that have been granted an operating licence may carry out their professional activity throughout the national territory.
7. If an application for the grant or renewal of an operating licence of the companies under this article is rejected, the interested party may lodge an appeal before the Deputy Chief of the Hellenic Police, within an exclusive deadline of ten (10) days from notification of the decision of rejection.»
Article 3 sets out the terms and conditions for granting a work permit to security personnel.
Article 4 sets out the obligations of companies and security personnel.
Article 5 concerns the carrying of weapons by the personnel of companies in the sector.
Article 6 sets out matters relating to the personnel employed by companies in the sector.
Articles 7 and 8 set out the criminal and administrative sanctions applicable to persons who provide security services without meeting the rules laid down by law.
Articles 9-11 set out various procedural matters relating to the operation of companies in the sector.
THE CONSTITUTION OF GREECE
SECTOR LEGISLATION:
· Law 2518 (Government Gazette (FEK) A 164): Operating conditions of IEPYA. Qualifications and obligations of their personnel and other provisions
· Ministerial Decision 1016/109/5kd (FEK B 847): Determination of the type of special identity card for the security personnel of IEPYA
· Ministerial Decision 6001/5/52e (FEK B 1006): Payment of fees for the issue or renewal of licences under Law 2518/97
· Ministerial Decision 1016/109/5-ke (FEK B 1055): Supporting documents and procedure for issuing an IEPYA operating licence and a work permit for their personnel
· Law 2801 (FEK A 46): Regulation of matters within the competence of the Ministry of Transport and Communications and other provisions
· Law 3103 (FEK A 23): Issue of passports by the Hellenic Police and other provisions
· FEK B 1120: Terms and conditions for the presence, appearance and activity of private security personnel in sports grounds
· Joint Ministerial Decision 456/79054 (FEK B 1315): Establishment of an Advisory Committee for the approval of flags and uniforms
· Law 3707 (FEK A 209): Regulation of matters concerning IEPYA and private investigation offices
· Ministerial Decision 1016/109/121-i (FEK B 1710): Supporting documents and procedure for issuing operating licences for IEPYA and private investigation offices
· Ministerial Decision 1016/109/121-th (FEK B 1467): Administrative sanctions against IEPYA and their employees for breach of Law 2518/97
· Ministerial Decision 1016/109151-a (FEK B 2039): Determination of the technical specifications of protective equipment for IEPYA security personnel – effective from 22/12/2009
· FEK B 2617: Determination of the technical specifications of protective equipment … NEW date of entry into application 23-6-2010
· FEK B 664: Determination of vocational qualifications
· FEK B 1091 (Amendment of 4892176-c of 17/05/2010 JMD): Determination of vocational qualifications for the issue of work permits
· FEK B 606 (Amendment of No. 4892176-c of 17-5-2010 (FEK B 664 – 17 MAY 2010)): Determination of vocational qualifications
· FEK B 2160: Approval of the regulatory framework for the certification of professionals who do not hold a recognised professional qualification in the specialty of Private Security Personnel
· FEK B 888: Provision of Hellenic Police services to third parties in return for payment
· Law 4058 (FEK A 63): Provision of security services by armed guards on merchant ships and other provisions
· FEK B 1715: Approval of a new specialty, PRIVATE SECURITY PERSONNEL
· Ministerial Decision 4434/10208 (FEK 1877 [1]): ISPS Code – Determination of the terms and conditions for the issue by the Port Authorities of a permit to carry out inspections by armed security guards
· Ministerial Decision 4442/2001 (FEK 674): ISPS Code – Preparation of a Security Assessment study for port facilities
· Ministerial Decision 4442/2001 (FEK 479): ISPS Code – Transposition into national law of Annex IV of Directive 2005/65/EC of the European Parliament