Verification of the logistic partner identity – threat for the european industry and logistics BRUSSELS

Logistics operator role in the international business Money transfer (bank system) SELLER Supply of the good ( logistic, forwarding and transport companies ) BUYER THE SAME VALUE Diferent risk, conditions and rights

Not to load unknown haulier The system requires to load also Slovak trucker in UK and vice versa. The trucker is has to load close to the unloading place. Internet databases of the loads increased the competition and decreased the rates.

Why will have EU problems with the identity ? Based on the political decisions EU dismantles border controlls, simplyfies movement of people, capital, goods and of course movement of the organised crime, Based on the political decisions EU dismantles border controlls, simplyfies movement of people, capital, goods and of course movement of the organised crime, Borders exists for police and justice and EU do not have FBI. Borders exists for police and justice and EU do not have FBI. Phantom hauliers, fictitious pick ups are based on higher flexbility of offenders Phantom hauliers, fictitious pick ups are based on higher flexbility of offenders Cooperation of the police forces in EU is slow and buraucratic, the register ERRU does not protect customers of the road hauliers against the phantom hauliers. Cooperation of the police forces in EU is slow and buraucratic, the register ERRU does not protect customers of the road hauliers against the phantom hauliers. We have more than 28 languages, more than 100 samples of the ID cards and passports. We have more than 28 languages, more than 100 samples of the ID cards and passports. We do not have real chance to verifiy trueness off the documents in time given to the forwarder. We do not have real chance to verifiy trueness off the documents in time given to the forwarder. The same GAP are using offenders of VAT fraud, and the others. The same GAP are using offenders of VAT fraud, and the others.

Only EU ?

How they are operating ?  Not existing company, false plates, false ID, false documents of the road haulier;  Copy of the existing company, offender use documents and the name of the existing company, name of the existing person;  Stooge transport company, road haulier obtaines different order then was order of the shipper, verification of the haulier identity make no sense, article 12 CMR, „neutralisation of the CMR“;  Big bang – the offender overmastered existing road haulage or FF company, after some period of the he starts to steal the loaded shippments.

Incident April 2013 Austrian consingee, customer of the Slovak consignor ( EXW ); Austrian consingee, customer of the Slovak consignor ( EXW ); Had ordered well known austrian freight forwarding company; Had ordered well known austrian freight forwarding company; Austrian FF ordered Dutch road haulier for the transport; Austrian FF ordered Dutch road haulier for the transport; Truck owned by the German lesing company; Truck owned by the German lesing company; Holder of the truck according the Insurance of the responsibility of the car user – Slovak company A; Holder of the truck according the Insurance of the responsibility of the car user – Slovak company A; Holder of the truck according the presented Technical passport of the vehicle – Slovak company B; Holder of the truck according the presented Technical passport of the vehicle – Slovak company B; Hungarian drivers, only hungarian speaking – employees of the Dutch company. Hungarian drivers, only hungarian speaking – employees of the Dutch company. Flexible multinational crime organisations use subject from whole EU to gain the time, to complicate identity verification. Flexible multinational crime organisations use subject from whole EU to gain the time, to complicate identity verification.

ROLE OF THE TIME ROLE OF THE TIME Only dangerous periode for offenders is time before loading – there fore offenders use not only false identity, but they use : Only dangerous periode for offenders is time before loading – there fore offenders use not only false identity, but they use : –existing companies possessed partialy or completely by the offenders, –hired drivers, not involved in the base of the crime, –identities from the other country than is country of the loading place, –in all EU countries and combination of subjects to earn the shippment. Consignor has not enough time to check all information and under pressure of the competition ( friday afternoon ). Consignor has not enough time to check all information and under pressure of the competition ( friday afternoon ). Offenders change the identities after 1-2 weeks. Offenders change the identities after 1-2 weeks. They are in reality non punishable: They are in reality non punishable: –Drivers are working according the employers instructions, –Owner of the truck is leasing company, –Victim is from the other state than the loading place country, –Phantom company is owned by the „white horse“. The Police cooperation is slow. If exists. The Police cooperation is slow. If exists.

(15)In order to improve transparency and to allow the client of a transport undertaking to verify whether that undertaking is in possession of the appropriate authorisation....., certain data contained in the national electronic register should be made publicly accessible (15)In order to improve transparency and to allow the client of a transport undertaking to verify whether that undertaking is in possession of the appropriate authorisation....., certain data contained in the national electronic register should be made publicly accessible (16 ) It is essential to gradually interconnect national electronic registers so as to enable information to be exchanged rapidly and efficiently between Member States and to guarantee that road transport operators are not tempted to commit, or to take the risk of committing, serious infringements in Member States other than their Member State of establishment. E- MAIL? Phone NR.? (16 ) It is essential to gradually interconnect national electronic registers so as to enable information to be exchanged rapidly and efficiently between Member States and to guarantee that road transport operators are not tempted to commit, or to take the risk of committing, serious infringements in Member States other than their Member State of establishment. E- MAIL? Phone NR.? REGULATION (EC) No 1071/2009

Transport manager or the transport undertaking have not in one or more Member States been convicted of a serious criminal offence or incurred a penalty for a serious infringement of Community rules relating in particular to: Transport manager or the transport undertaking have not in one or more Member States been convicted of a serious criminal offence or incurred a penalty for a serious infringement of Community rules relating in particular to: –the driving time and rest periods of drivers, working time and the installation and use of recording equipment; –the maximum weights and dimensions of commercial vehicles used in international traffic; –the initial qualification and continuous training of drivers; –the roadworthiness of commercial vehicles, including the compulsory technical inspection of motor vehicles; –access to the market in international road haulage or, –safety in the carriage of dangerous goods by road; –the installation and use of speed-limiting devices in certain categories of vehicle; –driving licences; admission to the occupation; animal transport. REGULATION (EC) No 1071/2009

Transport undertaking is not a subject of the criminal law, only person transport manager; Transport undertaking is not a subject of the criminal law, only person transport manager; To close the investigation of the police and office of the public prosecution takes many years; To close the investigation of the police and office of the public prosecution takes many years; To close the case on Criminal court takes also long time in average several years; To close the case on Criminal court takes also long time in average several years; Compare TIME to make a notice in ERRU and IMPORTANCE of CRIMINAL acts with involuntary or carelessness infringements of the rules like the driving time and rest periods of drivers. Compare TIME to make a notice in ERRU and IMPORTANCE of CRIMINAL acts with involuntary or carelessness infringements of the rules like the driving time and rest periods of drivers. REGULATION (EC) No 1071/2009

CEN TC 379 Incident type „other“; Incident type „other“; Modus operandi „use of deception“ and „internal“ Modus operandi „use of deception“ and „internal“ Victim – last body in the chain before the phantom. Victim – last body in the chain before the phantom. Owner of loss – according the incoterms Owner of loss – according the incoterms Freight forwarder – could be also the victim. Freight forwarder – could be also the victim. BUT WHERE IS THE PHANTOM? BUT WHERE IS THE PHANTOM?

COMMISSION DECISION of 31 May 2012 On the creation of an Expert Group on Land Transport Security (2012/286/EÚ) On the creation of an Expert Group on Land Transport Security (2012/286/EÚ) The Group shall assist the Commission in formulating and implementing the European Union’s activities aimed at developing policy on security relating to land transport, and shall foster ongoing exchanges of relevant experience, policies and practices between the Member States and the various parties involved. The Group shall assist the Commission in formulating and implementing the European Union’s activities aimed at developing policy on security relating to land transport, and shall foster ongoing exchanges of relevant experience, policies and practices between the Member States and the various parties involved. Members shall be Member States’ competent authorities. They shall nominate two representatives: Members shall be Member States’ competent authorities. They shall nominate two representatives: one from ministries responsible for land transport; one from ministries responsible for land transport; one from ministries responsible for security or policing issues. one from ministries responsible for security or policing issues. Could it change something? Could it change something?

Thank you for your attention