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the toxic truth
chapter 3
The Probo Koala arrived in Amsterdam on 2 July 2006, and APS began to unload the waste on to a barge. By 10pm that evening, approximately half of the waste (around 260m3) had been unloaded. Since the barge was full, it was agreed that it should first be unloaded before taking the remaining waste from the Probo Koala.101 Early the next morning, on 3 July 2006, the Dutch authorities received reports of a troubling odour in the area, and the local
fire brigade and the police were called in.102 The fire brigade detected hydrogen sulphide gas (H2S) in the air.103 H2S is a colourless, flammable gas, which can be identified by a characteristic smell of rotten eggs. This gas is considered dangerous, and its effects on health can include: irritation of the eyes, nose and throat; dizziness; nausea and vomiting; coughing and breathing difficulties. At high concentrations the effects can be very serious and include convulsions, coma and even death.104
The legal framework on waste: European Union (EU) and the Netherlands Two international treaties are relevant to the events in Amsterdam: the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) and the International Convention for the Prevention of Pollution from Ships (MARPOL Convention). These treaties have been incorporated into EU and Dutch law through the following instruments: Council Regulation (EEC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (European Waste Shipment Regulation).100 Section 18 of the European Waste Shipment Regulation makes it a criminal offence to export Basel waste from the EU to the African, Caribbean and Pacific Group of States, which
includes Côte d’Ivoire. In the Netherlands this regulation is known as Europese Verordening Overbrenging Afvalstoffen (EVOA). This Regulation is implemented in Dutch law though sections 10.59 and 10.60 of the Environmental Management Act (see below). Directive 2000/59/EC of the European Parliament and of the Council on port reception facilities for ship-generated waste and cargo residues This Directive requires member states to ensure the availability of port reception facilities that are capable of receiving the types and quantities of ship-generated waste and cargo residues from ships normally using that port.
Act on the Prevention of Pollution from Ships (1983) This Act implements the MARPOL Convention in Dutch law. It applies to all ships under the Netherlands flag, as well as all foreign ships in Dutch territory. The Act provides for the designation of port reception facilities that are intended to receive harmful substances from ships. Environmental Management Act The Dutch Environmental Management Act covers a range of issues, including management of hazardous waste. Section 10.37 of the Environmental Management Act deals with the transfer of hazardous or industrial waste and prohibits the transfer of industrial or hazardous waste to a person or entity not authorized to receive it.