I will attend the last Transport Council under the Austrian Presidency (the Presidency) taking place in Brussels on Monday 3 December.

The Council will consider proposals from the first tranche of the ‘mobility package’. Under the ‘social pillar’ of the package the Presidency will seek a general approach on proposals: to establish a specific regulatory regime for the posting of workers in the road transport sector; to introduce new regulatory provisions in relation to ensuring that drivers have the option regularly to return home; and to enable drivers to take their regular weekly rest in their vehicles provided that certain welfare-related conditions are met. Under the ‘market pillar’ of the package the Presidency will seek a general approach on proposals: to introduce new regulatory requirements for the operation of light commercial vehicles (vans); and to modify the ‘cabotage’ rules for vehicles operating in countries other than their country of establishment. The government considers the package to be a necessary response to current issues with the functioning of the EU road transport market, in particular, uncoordinated national enforcement action in relation to posting of workers rules, and exploitation of some aspects of the regime by some non-compliant operators. The government is broadly content with the specific proposals, particularly with the compromise gained on limiting the extension of regulatory obligations to operators of larger vans which are also undertaking international haulage work.

Next, the Council is expected to reach a general approach on a proposal from the second tranche of the ‘mobility package’ to revise the current directive on combined transport. The proposal contains provisions that could improve promotion of modal shift across the EU and reduce congestion. The government considers that the proposal includes some positive changes to modernise the processes and, as currently drafted, will provide an acceptable balance between EU-wide action and national discretion.

Following this, the Council will consider a general approach on a proposal from the third tranche of the ‘mobility package’ to amend the current directive on road infrastructure safety management (RISM). The current directive was adopted to ensure that road safety considerations are at the forefront of all phases of the planning, design and operation of road infrastructure and currently applies to roads on the trans-European transport network (TEN-T). The government considers that the proposed increase in scope to include motorways and ‘primary roads’ is a proportionate expansion of the directive and is content with the proposal that member states define the ‘primary roads’ covered by it. The government believes the proposal strikes a balance that will allow member states to retain judgment over where the directive is applied in their own countries, while upholding the shared principles of robust safety inspection and excellence in road design.

There will be a progress report on the proposal to amend the directive on discontinuing seasonal changes of time, which the government opposes. We have no plans to change Daylight Saving Time within the UK, and feel that the Commission has not provided enough evidence to demonstrate a strong case for changing the existing arrangements.

Afterwards, there will be a progress report on the proposal to revise the regulation on rail passengers’ rights and obligations, aimed at strengthening the rights of rail passengers, including by improving access for people with disabilities or reduced mobility.

Following this, the Council is expected to reach a general approach on the proposal to amend the directive on the minimum training of seafarers. These changes will ensure that the legislation is up to date, and will provide the European Maritime Safety Agency (EMSA) with additional time to decide whether to recognise an outside state’s certification. The government considers the general approach to be satisfactory on the basis that the amendments are justified and appropriate to ensure that maritime directives are in line with international norms, and so that EMSA can make appropriately informed decisions.

The Council is also expected to reach a general approach on another proposal from the third tranche of the ‘mobility package’, to revise the current directive establishing a European maritime single window environment. This is intended to further harmonise the electronic submission of ship pre-arrival reporting formalities. The government supports digitisation here as it can provide benefits for business. The UK has engaged constructively in negotiations and has been able to share its existing expertise in many areas. The government welcomes the proposed general approach, which is satisfactory.

The Council is expected to reach a partial general approach on a proposed regulation on the Connecting Europe Facility. The proposal will move into the next multiannual financial framework with broadly the same funding allocation for transport as the current MFF. The overnment supports the value that a well-managed funding programme like the Connecting Europe Facility can bring to transport infrastructure. However, the regulation will take effect after the UK has left the EU, and the government is still considering its position on future involvement in the programme.

There will be a progress report on a proposal from the third tranche of the ‘mobility package’ on the proposed regulation on streamlining measures for the realisation of the trans-European transport network (TEN-T). The proposal sets out requirements for the administrative procedures to be followed by the competent authorities in member states in providing approval for projects of common interest on the TEN-T core network.

There will be a progress report on a proposal from the second tranche of the ‘mobility package’ to amend the directive on the promotion of clean and energy-efficient road transport vehicles. The directive looks to drive the uptake of clean vehicles, including cars, and light and heavy duty vehicles (including vans, trucks and buses).

There will also be a progress report on a proposal from the third tranche of the ‘mobility package’ for a regulation on electronic freight transport information. This regulation is designed to correct a perceived lack of standardisation of acceptance by member states of electronic freight documents.

The Council will be asked to agree conclusions, which the UK supports, on the potential of inland waterway transport as an environment-friendly transport mode, offering existing capacity to alleviate congestion on roads.

Finally, under any other business, the Presidency will provide information on other current legislative proposals. Additionally, it will report back on the Informal Meeting of Transport and Environment Ministers that took place in Graz on the 29 to 30 October 2018, followed by an update on ASEAN Negotiations. The Luxembourg delgation will present information on the social agenda in aviation. The Commission will supply information on sustainable transport infrastructure charging and internalisation of transport externalities, and finally, the Romanian delegation will provide information on the work programme of their forthcoming Presidency of the Council of the European Union.

Ozden Hassan (47), from Mottingham, South-East London, originally worked for the family jewellery business before becoming the sole director of two companies offering ‘alternative investments’.

Caledonian Ltd was incorporated in 2005 but didn’t start trading till June 2012 and Caledonian Commodities Ltd was incorporated later on in November 2012.

The companies offered a range of alternative investment opportunities in commodities such as carbon credits, rare earth metals, gold and coloured diamonds.

However, customer complaints triggered an investigation by the Insolvency Service before the two companies were wound up in November 2016 by Mr Robin Dicker QC.

During the hearing the court heard that the companies’ representatives systematically took funds from customers using misleading tactics.

For example, investors were led to believe their funds would be used to buy physical gold items, such as bars and coins, which would then be kept in secure storage, and that they would own that gold.

However, customers’ funds were used to buy ‘unallocated gold’ or speculations in gold futures which were bought in the name of the companies and not the investors. This meant customers had no stake in any of the gold, which was sold to pay running costs of a separate business.

During the hearing, the court heard that the two companies maintained they had no obligation to use funds to buy gold or to hold gold of equivalent value to the amount purchased by investors and they were providing investors with a platform for spread betting on the price of gold.

Investigators concluded that Caledonian and Caledonian Commodities took close to £570,000 for a variety of investments, mostly in precious metals, but also in other investments of dubious value including carbon credits and rare earth metals.

At the winding up hearing the judge found that “the business of the companies has been conducted in a way which does not meet accepted minimum standards of commercial behaviour” and “trading involved mis-selling which, in a number of respects, can only have been deliberate.”

On 1 November 2018 the Secretary of State accepted a disqualification undertaking for 14 years from Ozden Hassan after he admitted causing or allowing the companies to systematically take money from investors on the basis of misleading statements, leading to a shortfall to creditors of at least £510,000.

Effective from 22 November 2018, Ozden Hassan is now banned for 14 years from directly or indirectly becoming involved, without the permission of the court, in the promotion, formation or management of a company.

Anthony Hannon, Official Receiver at Public Interest Unit, said:

These companies seriously misled members of the public to part with their savings and did nothing but bring misery to their customers in order to benefit the directors and salespeople at substantial cost to the investors.

Ozden Hassan’s ban is substantial and clearly demonstrates that this kind of behaviour will not be tolerated.

Ozden Hassan is of London SE9 and his date of birth is November 1971

The companies are:

• Caledonian Ltd (Company Reg no. 05406041) and
• Caledonian Commodities Ltd (Company Reg no. 08300771)

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

• act as a director of a company
• take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
• be a receiver of a company’s property

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

Persons subject to a disqualification order are bound by a range of other restrictions.

The Insolvency Service administers the insolvency regime, investigating all compulsory liquidations and individual insolvencies (bankruptcies) through the Official Receiver to establish why they became insolvent. It may also use powers under the Companies Act 1985 to conduct confidential fact-finding investigations into the activities of live limited companies in the UK. In addition, the agency deals with disqualification of directors in corporate failures, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

Media enquiries for this press release – 020 7674 6910 or 020 7596 6187

You can also follow the Insolvency Service on:

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