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Probo Koala updates
16 April 2008
The Ivorian government and Trafigura BV, as specified in the
Protocol Agreement of 13 February 2007, have finalised all
outstanding issues and liabilities:
- Following independent environmental audits it was agreed by all
parties that only a limited amount of additional work is required.
As a thorough risk analysis has already been carried out, together
with the majority of agreed remediation operations, it was decided
that the Ivorian State will take responsibility for the additional
work. Therefore an additional sum of €7.6m will be paid by
Trafigura to fund completion of this work and the undertaking of
follow-up monitoring operations.
- The State will conduct these follow-up operations and
post-works monitoring through its specialist environmental agencies
and the contractor, Biogénie.
- The outstanding sum of €7.6m originally stipulated within the
Protocol Agreement, will be paid now by Trafigura to the State for
purposes connected with healthcare, education and environmental
issues.
- The State has confirmed that Trafigura has now complied fully
with all its obligations under the 13 February 2007 Protocol.
End
Refer all enquiries to media@trafigura.com
19 March 2008
On 19 March, the Ivorian Court of Appeal ruled that due to a
lack of evidence no criminal charges will be pursued against the
Trafigura group, its companies or any of its employees. This
decision, which was not contested, is now irrevocable and brings
the case before the Ivorian criminal courts to a close.
For the record, the Ivorian courts had already passed a civil
decision establishing that the State of Ivory Coast would waive its
action for liability and damages.
End
Refer all enquiries to media@trafigura.com
The Probo Koala: Key facts
16 August 2007
Trafigura is in no way responsible for the sickness suffered by
people in Abidjan, although clearly it is sympathetic to their
plight and cares about them as residents of a country where it does
business.
Trafigura is supporting the Ivory Coast government’s efforts to
clean up its environment, to care for its sick and to provide
much-needed local waste treatment facilities.
It is falsely alleged that the Probo Koala’s slops made people
ill when this liquid was dumped at several sites around Abidjan in
August 2006. Trafigura is vigorously defending itself against these
damaging and unfounded allegations, as well as the baseless claims
for compensation founded upon them.
Independent experts have analysed the slops and concluded that
they could not have caused the illnesses alleged by Leigh Day &
Co, the British legal firm that is representing some Abidjan
residents. Leigh Day has provided no evidence at all and no
detailed expert analysis of how or why the slops caused the alleged
injuries.
The discharge of slops from cargo vessels is a routine procedure
that is undertaken all over the world. Abidjan is the largest and
most sophisticated port in West Africa, where Trafigura and other
oil companies regularly call many times each year to load oil
cargoes and de-slop. Abidjan’s port deals with over 30,000 tonnes
of slops every year.
In August 2006, an experienced shipping agent in Abidjan
nominated Compagnie Tommy to unload the Probo Koala’s slops.
Compagnie Tommy was fully licenced by the Ivorian government and
authorised by the port to do this work. Trafigura checked the
credentials provided and made an independent check with the port
authorities. Proper procedures were followed as the slops were
removed from the ship, with the written authority of the Ivorian
government and the routine presence of port and customs
officials.
Consequently, it was unforeseeable that Compagnie Tommy would
dump the slops at various sites in Abidjan. Their actions were
atrocious and illegal.
People living near these sites were suffering health problems as
a result of untreated pollution and waste long before Compagnie
Tommy arrived with the slops. This is an environmental tragedy, but
it is not one caused by Trafigura.
As a major trading company in West Africa, Trafigura believes it
has an economic responsibility to the region. It also has
considerable sympathy for the people of Abidjan and is working with
the government to improve their lives.
That is why, in February 2007, Trafigura made a £100 million
contribution to the Ivory Coast. Amongst other things, this sum is
paying for an ongoing environmental audit in Abidjan and will
contribute towards the cost of a new waste treatment plant.
This decision does not represent any admission of liability
regarding the Compagnie Tommy incident. It was made in the same
spirit as Trafigura’s funding for the victims of Hurricane Katrina
in New Orleans and the recent earthquake in Peru (two locations
where Trafigura affiliates do business).
Trafigura is defending the action brought against it by Leigh
Day & Co, which is without foundation. It is not right that the
company should pay for events caused by others. Trafigura is also
bringing a libel action against Leigh Day & Co regarding false
accusations made about Trafigura. The company will not allow its
good reputation to be dragged through the dust.
End
Refer all enquiries to media@trafigura.com