Mandatory security measures for transport of valuables

The rules on the transport of valuables, as provided for in the Act of 10 April 1990 on private security, are significantly amended by articles 49 and 50 of the Act of 29 March 2012 on miscellaneous matters (I) (Official Gazette of 30 March 2012).

Previously, the Act on private security was only applicable to secured transport, which meant that companies were free to choose whether or not to provide security measures when transporting valuables. As unsecured transport was increasingly becoming an appealing target for criminals, the transport of monies and "other valuables subject to threat" – still to be defined by Royal Decree (this could potentially include meal vouchers, for example) – is now covered by the Act. The result is that professional security has become compulsory for such transport in many cases.

The amendments concern transport that "meets [the company's] own needs", as well as transport that is provided as a matter of service to third parties.

Companies that transport valuables for their own needs and in a systematic manner are required to be recognised as an internal security service as from 1 January 2013. Services that "meet own needs" also include services for companies belonging to the same group and operating under the same commercial name. The legislator was wise enough to include a threshold: if the value of transport does not exceed EUR 30,000, there is no obligation for recognition.

From 9 April 2012 onwards, transport of valuables as a matter of service to third parties can only be provided by companies that are recognised as security companies.