Liability, awards and settlements

19.2, toxic waste, criminal charges

Netherlands: Dutch prosecutors planned to file criminal charges against oil trading company Trafigura and the Amsterdam council over their roles in the incident involving toxic waste from combined bulk and oil carrier Probo Koala, blamed for killing 16 people in Ivory Coast. Lawyers for Trafigura, the Amsterdam council, Dutch waste processing firm Amsterdam Port Services BV (APS) and the master of Probo Koala were told that the four parties would be charged shortly. Although prosecutors declined to provide details of the charges, it is believed they were environment-related, concerning events that happened in Amsterdam. Trafigura, the world’s third-largest oil trading company, declined to provide details but said it would defend itself against any charges that may be brought. Chartered by Trafigura, Probo Koala initially wanted to dispose of hundreds of tonnes of chemical slops in Amsterdam in July 2007 but decided not to after being told it would have to pay clean-up costs. The vessel ended up in Ivory Coast. In August, toxic waste was found at open-air sites around Abidjan, killing 16 people and poisoning thousands. The company agreed to pay a $198.0mn settlement to the Ivory Coast government but denied responsibility for the dumping or any wrongdoing. Amsterdam City Council contributed 300,000 euros to the UN Environmental Programme to help the victims and clean up the toxic waste in Ivory Coast.