Tata Steel IJmuiden BV is facing criminal prosecution in the Netherlands over allegations of intentionally releasing harmful substances into the air, impacting public health, and violating environmental regulations, a move the company deems "fundamentally unjustified."
Key Points
- Dutch prosecutors are pursuing criminal charges against Tata Steel IJmuiden BV (TSIJ) for alleged intentional release of harmful substances and insufficient maintenance.
- The investigation was initiated after a complaint from over 800 individuals, citing potential adverse effects on public health.
- TSIJ is also suspected of operating without a permit and failing to report incidents involving raw coke.
- Tata Steel Netherlands disputes the allegations, calling them "fundamentally unjustified" and highlighting a 98 per cent reduction in 'undercooked coke' incidents since 2020.
- The company plans to close the implicated coke and gas plants in the coming years as part of its Green Steel Project transition.
Dutch prosecutors on Wednesday said they had decided to summon Tata Steel IJmuiden BV (TSIJ) over multiple suspected criminal offences, including the "intentional and unlawful" release of harmful substances into the air that may have adversely affected public health.
The Public Prosecution Service (Openbaar Ministerie) said Tata Steel was suspected of violating its duty of care by carrying out insufficient maintenance, operating without a permit, and failing to report a number of incidents involving raw coke.
Investigation and Legal Proceedings
The prosecutors said the criminal investigation was launched following a complaint filed by a lawyer on behalf of more than 800 complainants.
The probe was conducted by the Intelligence and Investigation Service of the Human Environment and Transport Inspectorate, with support from the environmental criminal investigation unit of The Hague police and the Central Environmental Management Service Rijnmond.
After reviewing the case file, the Public Prosecution Service said it believed the investigation provided sufficient grounds to initiate criminal proceedings against the company and bring the case before the court.
In addition to prosecuting Tata Steel, the Public Prosecution Service is conducting a separate investigation into whether individuals in managerial roles may also be held personally liable.
However, it decided to summon the company now to avoid delaying the criminal case.
A first preliminary hearing has been scheduled for November 20 at the Amsterdam District Court, where the Public Prosecution Service will announce the charges against Tata Steel.
Tata Steel's Response
Tata Steel Netherlands said the decision by the Public Prosecution Service to prosecute TSIJ for "allowing undercooked coke to occur" at coke and gas plants (KGF) 1 and 2, and for failing to report it in a timely manner, deeply affected the company.
TSIJ said it had for some time been engaged in discussions with the North Sea Canal Area Environmental Service, the relevant supervisory authority, regarding the occurrence of so-called "undercooked coke".
In recent years, only a handful of cases have occurred out of around 135,000 pushes annually, with one instance in 2023 and none in 2024 and 2025, the company said.
For these reasons, TSIJ said it considered the allegations "fundamentally unjustified".
TSIJ added that it had held detailed technical discussions with the Environmental Services (Omgevingsdiensten) on the issue and, based on those discussions and the measures taken, had implemented "substantial and tangible improvements" since 2020.
As a result, the incidence of "undercooked coke" has fallen by 98 per cent.
Between January 2020 and May this year, it averaged less than 0.011 per cent, which the company said was below the industry average.
The company also said it considered criminal proceedings unnecessary over a limited number of past KGF incidents that had since been addressed through technical improvements.
TSIJ said it was reviewing the allegations and would present a substantive defence during the court proceedings.
The company also observed that KGF 1 and 2 would be fully closed in the coming years under the Green Steel Project, through which TSIJ plans to transition to a more sustainable steelmaking process.
