Investigation, prosecutions and adjudication of waste crime
Selected national cases on prosecuting waste crimes - The Netherlands
The Netherlands
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In a recent Dutch case (ECLI:NL:RBAMS: 2019:4531), a domestic company brought two vessels to the Netherlands without authorisation: one from the United Kingdom and one from Germany. This involved the violation of both the EU Waste Shipment Regulation and the Dutch Environmental Protection Act, with the latter requiring reporting waste, such as ions, steel and oil, in the case of the imported ships.
The court held the company liable for the import of the German ship for failing to take the necessary steps and imposed a fine of 5000 euros on the company.
However, the British vessel was brought to the Netherlands by the Scottish owner, so the obligation to inform the authorities fell on the Scottish company. In this case the Dutch company was acquitted.