The Public Prosecution Service (OM) announced in February 2022 that it had started a criminal investigation into Tata Steel IJmuiden B.V. This investigation followed a complaint by attorney Bénédicte Ficq on behalf of more than 800 residents of the company. On Wednesday, a letter from Frisse Wind appeared on behalf of the residents of Tata Steel, expressing their concerns about the duration and progress of the criminal investigation.
High Priority
The OM understands the significant concerns about health and the living environment that residents and other stakeholders of Tata Steel have. The OM takes these concerns seriously. Therefore, the OM conducts a careful investigation into possible criminal offenses. Only based on a solid and complete investigative file can good decisions be made. This does justice to the concerns of the complainants and letter writers. That is why the OM wants to emphasize that this investigation has a high priority. They have the right to a safe and healthy living environment. If companies violate that right by possibly committing criminal acts, it is the task of the OM to take decisive action against it.
The Criminal Investigation
The criminal investigation is extensive, technical in nature, and legally complex. Since the start, a lot of work has been done and important steps have been taken. At the same time, due to the nature of the investigation, it is not possible to communicate substantively about the progress in the meantime. Public statements can harm or delay the investigation. However, this does not mean that the OM or other involved authorities do not take action in the meantime. The Environmental Service North Sea Canal Area is closely monitoring the situation at Tata Steel and takes enforcement action where necessary.
The investigation following the complaint is currently at an advanced stage. Among other things, it is looking into environmental damage, the responsibility of involved parties, and possible violations of environmental legislation. Not all new developments surrounding Tata Steel can be included in this investigation. If every new report is added to the ongoing investigation, it would lead to continuous delays and postponements of a final conclusion. Relevant new facts are assessed separately and, if necessary, involved in other procedures.
The OM emphasizes that the investigation is being conducted with great care. The concerns of the letter writers are taken seriously and play a role in the considerations. The aim is to complete the investigation as quickly as responsibly possible, taking into account the rights of all parties involved and the importance of a careful legal process.
Timeline of Tata Steel Cases:
- May 2021: complaint of articles 173a and 173b of the Dutch Penal Code against Tata Steel by attorney Ficq on behalf of more than 800 natural persons. Start studying the complaint for sufficient grounds to start the criminal investigation.
- Feb. 2022: start of the criminal investigation by the Intelligence and Investigation Service of the Environment and Transport Inspectorate (ILT-IOD), DCMR, and police based on concrete grounds. In this phase, the investigation was defined and focused. Various investigative actions were subsequently carried out.
- Nov. 2022: OM conducts inspection on the premises of Tata Steel.
- Feb. 2023: Tata Steel is convicted in another criminal investigation for not or insufficiently complying with regulations regarding potentially polluting activities, and the court imposes a fine of 110,000 euros.
- Mid 2024: after focus has been applied, the investigation now focuses on specific components of Tata Steel, including the Coke and Gas Plants.
- March 2025: in yet another criminal investigation, the court imposes a fine of 140,000 euros for violating environmental regulations.
- Present: the investigation is well advanced and several investigative actions still need to be carried out. Once they are completed, the ILT-IOD will conclude the investigation in a report and submit it to the OM. The OM will assess that report and decide whether or not to prosecute.