the toxic truth - Greenpeace

184 Amnesty internAtionAl And greenpeAce netherlAnds
endnotes
76. Internal Trafigura Background document, pp1, 2
available at images.volkskrant.com/volkskra/
upload/ftp/nieuws/binnenland/trafigura2.pdf
(accessed at 4 April 2012).
77. Minton, Treharne & Davies Ltd, “Minton report”,
14 September 2006, available at file.wikileaks.
org/file/waterson-toxicwaste-ivorycoast-
%C3%A92009.pdf (accessed 26 October 2011).
78. Amnesty International English translation of verdict
on Trafigura Beheer BV, LJN (National Case
Law Number): BN2149, District Court of Amsterdam,
13/846003-06 (PROMIS), para 8.3.2.8.
79. Email from the Master of the Probo Koala to
Falcon Navigation dated 15 April 2006 (rec#
13228, Yao Essaie Motto & Others v Trafigura
Limited and Trafigura Beheer BV in the High
Court of Justice, Queen’s Bench Division, Claim
No. HQ06X03370): “GOOD AFTERNOON CPT,
GLAD TO ADVISE YOU [THE MASTER OF Probo
Koala] THAT THE CAUSTIC SODA WASHING WAS
SUCCESSFUL.”
80. Emails between Trafigura and Univar dated 6
April 2006 (US Files).
81. Email from Falcon Navigation to the Master of
Probo Koala dated 15 April 2006 (rec# 13228
Yao Essaie Motto & Others v Trafigura Limited
and Trafigura Beheer BV in the High Court of
Justice, Queen’s Bench Division, Claim No.
HQ06X03370).
82. See infographic on p30/31 (the infographic is
based on the map displayed in Amsterdam court
room developed by Dutch police.
83. Internal Trafigura memorandum dated 23 September
2006, p1: “the vessel had taken three
consecutive gasoline blendstock cargoes”.
84. Amnesty International interview, Abidjan, Côte
d’Ivoire, February 2009.
85. Amnesty International English translation of
verdict on Trafigura Beheer BV, LJN (National
Case Law Number): BN2149, District Court of
Amsterdam, 13/846003-06 (PROMIS), para 5.8.
Evidence overview Trafigura Beheer BV, N.
Ahmed, S. Chertov, p42, English translation:
“It appeared that Malta shipyards does did not
wish to receive the slops waste from Probo
Koala on board PK” on April 10, 2006 (email).
86. Under European law, waste with a low flashpoint
is considered to be hazardous waste. Under
annex III of Directive 91/689/EEC on hazardous
waste, waste substances with a flashpoint of
less than 55ºC qualify as hazardous waste.
87. Amnesty International English translation of
verdict on Trafigura Beheer BV, LJN (National
Case Law Number): BN2149, District Court of
Amsterdam, 13/846003-06 (PROMIS), para 5.8.
Evidence overview Trafigura Beheer BV, N.
Ahmed, S. Chertov, p42, English translation:
“It appeared that Malta shipyards does did not
wish to receive the slops waste from Probo
Koala on board PK” on April 10 2006 (email).
88. International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the
Protocol of 1978 relating thereto (MARPOL).
Under the MARPOL Convention, to which the
Netherlands is a party, states have an obligation
to provide adequate port reception facilities for
wastes generated during the normal operation
of ships – Annex I, Regulation 12.
89. According to Trafigura, Naeem Ahmed told
APS that the slops originated from gasoline
washing, with the aid of caustic soda, on board
the Probo Koala. He also allegedly indicated
how much caustic soda had been used during
the process, and how much was present in
the slop tanks. Trafigura Amended Defence 5
December 2008 (Yao Essaie Motto & Others v
Trafigura Limited and Trafigura Beheer BV in the
High Court of Justice, Queen’s Bench Division,
Claim No. HQ06X03370) para 64 “On 19 June
2006, Naeem Ahmed of TL contacted APS by
telephone and explained to Mr Vonk of APS that
Trafigura had a vessel that had been performing
caustic washing operations on Naphtha. Mr
Ahmed told Mr Vonk that caustic soda and a
catalyst had been added to remove mercaptans.
As a result, the slops had a concentration of
mercaptan sulphur.”
90. Indeed, when later called to give evidence at the
Dutch criminal trial, two APS executives stated
“emphatically” that this was not the case and
that, in fact, Trafigura’s request involved gasoline
washing water (gasoline tank washings), a
product that came into APS on a daily basis.
APS testified that they would have embarked
on an entirely different procedure if Naeem
Ahmed, Trafigura’s London-based executive,
had told them how the waste had originated.
Furthermore, one of the executives stated that
he had asked Ahmed to confirm his request for
a quotation by email, and the contents of this
email that was subsequently sent corresponded
to the request made by telephone. Amnesty
International English translation of verdict on
Trafigura Beheer BV, LJN (National Case Law
Number): BN2149, District Court of Amsterdam,
13/846003-06 (PROMIS), para 8.3.3.2.
91. Amnesty International English translation of
verdict on Trafigura Beheer BV, LJN (National
Case Law Number): BN2149, District Court of
Amsterdam, 13/846003-06 (PROMIS), para
8.3.3.3.
92. Internal Trafigura email dated 20 June 2006
(rec# 7696 Yao Essaie Motto & Others v. Trafigura
Limited and Trafigura Beheer BV in the High
Court of Justice, Queen’s Bench Division, Claim
No. HQ06X03370).
93. Notification of ships’ waste and (remainders
of) noxious substances – Hulshof Report of
Findings, from the investigation into the state
of affairs around the arrival, stay and departure
of the Probo Koala, 30 November 2006, p9
and rec# 10130 Yao Essaie Motto & Others v
Trafigura Limited and Trafigura Beheer BV in the
High Court of Justice, Queen’s Bench Division,
Claim No. HQ06X03370.
94. Statement published by Trafigura on its website
www.trafigura.com/our_news/probo_koala_updates.aspx
(accessed May 2012).
95. MARPOL Convention, Annex I.
96. See: www.imo.org/mediacentre/pressbriefings/
pages/19-msc-90-.aspx.
97. MARPOL Convention to which the Netherlands
is a party. States have an obligation to provide
adequate port reception facilities for wastes
generated during the normal operation of ships
– Annex I.
98. Basel Convention, Article 2(1).
99. Directive 2000/59/EC of the European Parliament
and of the Council of 27 November 2000
on port reception facilities for ship-generated
waste and cargo residues, Article 2.
100. Council Regulation (EEC) No 259/93 of 1
February 1993 on the supervision and control of
shipments of waste within, into and out of the
European Community.
101. Amnesty International English translation of
verdict on Trafigura Beheer BV, LJN (National
Case Law Number): BN2149, District Court of
Amsterdam, 13/846003-06 (PROMIS), para
5.15. Internal Trafigura memorandum dated 23
September 2006 para 6, p3.
102. Amnesty International English translation of verdict
on Trafigura Beheer BV, LJN (National Case
Law Number): BN2149, District Court of Amsterdam,
13/846003-06 (PROMIS), para 5.18.
103. Probo Koala in Amsterdam, feitenrelaas en
relevante wetgeving”, VROM-Inspectie 31
oktober 2006. Report National Environmental Inspectorate
‘Probo Koala in Amsterdam, overview
of facts and relevant legislation p19 at https://
zoek.officielebekendmakingen.nl/kst-22343-
146-b1.pdf.
104. See: UK Health Protection Agency, Compendium
of Chemical Hazards: Hydrogen Sulphide,
2011, at www.hpa.org.uk/webc/HPAwebFile/
HPAweb_C/1246260029655 and Hydrogen
Sulfide Safety Factsheet, www.safetydirectory.
com/hazardous_substances/hydrogen_sulfide/
fact_sheet.htm.
105. Bewijsoverzicht Amsterdam Port Services BV,
E.M.Uittenbosch Feit 2: artikel 10.1 Wm Amsterdam
15 juni 2010, l.W. Boogert en R.S. Mackor
Officieren van Justitie, p17.
106. Amnesty International English translation of
verdict on Trafigura Beheer BV, LJN (National
Case Law Number): BN2149, District Court of
Amsterdam, 13/846003-06 (PROMIS), para
5.20, 5.22.
107. Bewijsoverzicht Amsterdam Port Services BV,
E.M.Uittenbosch Feit 2: artikel 10.1 Wm Amsterdam
15 juni 2010, l.W. Boogert en R.S. Mackor
Officieren van Justitie, p24.
108. Evidence Overview for Trafigura Beheer BV, N
Ahmed, S Chertov, pp37, 38. Facts: Section 174
of the Dutch Penal Code and Section 225 of the
Dutch Penal Code.
109. Amnesty International English translation of verdict
on Trafigura Beheer BV, LJN (National Case
Law Number): BN2149, District Court of Amsterdam,
13/846003-06 (PROMIS), para 5.22.