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Dutch prosecutors to charge Tata Steel for intentional pollution
🇳🇱 Netherlands /Environment & Climate

Dutch prosecutors to charge Tata Steel for intentional pollution

From NRC Handelsblad · () Dutch

Translated from Dutch, summarized and contextualized by DistantNews.

At a glance

News Named sources Under investigation
  • The Dutch Public Prosecution Service (OM) has decided to prosecute Tata Steel Nederland for intentional pollution and failure to report incidents involving harmful coke oven emissions between 2018 and 2026.
  • The OM found sufficient grounds to charge the company, citing potential health risks to the surrounding population.
  • This decision comes at a sensitive time as Tata Steel and the Dutch government are finalizing a deal worth 2 billion euros for the company's future sustainability and risk reduction, with a potential conflict if the company is convicted of past criminal acts.

The Dutch Public Prosecution Service (OM) has announced its decision to prosecute Tata Steel Nederland, citing alleged intentional pollution and a failure to report incidents related to harmful coke oven emissions between 2018 and 2026. The OM believes there are "enough grounds" to charge the company with criminal offenses, which could have significant health consequences for people living nearby.

enough grounds

— Public Prosecution Service (OM)The OM's assessment of the evidence for prosecuting Tata Steel Nederland.

This move by the OM places the steel giant in a precarious position, as it coincides with ongoing negotiations between Tata Steel and the Dutch government. The parties are in the advanced stages of finalizing a "customized agreement" worth 2 billion euros, aimed at improving the company's environmental sustainability and reducing health risks for the local community. A final decision on this government support is expected by the end of September.

The prosecution decision creates a potential conflict: the government might provide financial support to a company that a court could later find guilty of committing criminal acts over several years. An initial declaration of intent signed last year between the state and Tata Steel reportedly included criminal conviction as a condition for the state's financial contribution.

good neighbor

— Tata SteelTata Steel's stated intention in response to the prosecution decision.

The OM's investigation, which spanned four years, was prompted by a complaint filed in 2021 by lawyer Bénédicte Ficq on behalf of 800 local residents and several foundations. Ficq's complaint was based on Article 173a of the Dutch penal code, which addresses the willful endangerment of public health and carries potential prison sentences of 12 to 15 years. Ficq expressed satisfaction with the OM's decision, emphasizing the importance of acknowledging the "victimhood" and valuing the interests of local residents. She stressed that "institutional indifference to pollution has far-reaching consequences" and that companies should not be allowed to harm health with impunity.

all intentions

— Tata SteelTata Steel's stated commitment to reducing environmental impact.

While the OM initially intends to prosecute only the company, it has not ruled out pursuing charges against individuals at a later stage. "We have consciously made this distinction," stated Thomas Slieker, a press officer for the OM, explaining that a company's criminal actions do not automatically imply individual culpability.

I am very happy

— Bénédicte FicqLawyer Bénédicte Ficq's reaction to the OM's decision to prosecute Tata Steel.
DistantNews Editorial

Originally published by NRC Handelsblad in Dutch. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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