Appeal court upholds Trafigura fine for exporting toxic waste

A €1m fine for oil trader Trafigura in connection with the export of toxic waste to Ivory Coast in 2006 has been upheld by Amsterdam’s court of appeal, Nos television reports.


The court ruled Trafigura broke the law by taking the waste to the west African country and by concealing the true nature of the waste when the ship Probo Koala docked in Amsterdam in July 2006.
The ship was carrying chemical slops left over following the processing of nafta – an oil product.
Amsterdam
The court also upheld the lower court decision which stated Amsterdam city council could not be prosecuted in connection with the offence.
Amsterdam waste processor APS, which was initially commissioned to clean up the slops but pumped them back in to the ship after a dispute over the price, was also found not guilty, overturning the lower court conviction.
In September 2009, Trafigura agreed to pay a maximum €33m in damages to 31,000 people from Ivory Coast who claim they were made ill by toxic waste from the Probo Koala.
The Ivory Coast claimants’ London-based lawyers agreed to the out-of-court settlement, saying Trafigura could not be held legally responsible for the health problems.
In 2007, Trafigura agreed to pay €152m to the Ivory Coast government to settle its claim and pay for the clean-up but denying liability.

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