I am writing in response to recent report carried in The Malta Independent of 18 June, and a letter from Margherita Amodeo published in The Malta Independent on Sunday of 15 July. I wish to set the record straight regarding the Probo Koala, its presence in Maltese territorial waters and the Abidjan dumping incident.

1. Trafigura chartered the Probo Koala, an oil-bulk-ore (OBO) carrier, in 2005 to collect and deliver gasoline cargoes to specification at various ports in the United States, the European Union (EU), North and West Africa.

2. While under charter to Trafigura, the Probo Koala took on board several gasoline blendstock cargoes by normal ‘ship to ship’ (STS) transfer. Some of these blendstock cargoes underwent Merox processing (also known as ‘caustic washing’) to reduce naturally-occurring impurities. This is commonly undertaken at on shore facilities, and the Probo Koala was classed to carry caustic cargoes and properly equipped to conduct such operations.

3. The Probo Koala was at Hurd’s Bank between 10 and 16 April 2006. During this time the vessel took on board a gasoline cargo from the M/T Seapurha – a Maltese-flagged tank ship chartered by Trafigura. The Probo Koala entered Maltese territorial waters four times between 10 and 15 April 2006 to take on and off-load equipment, but did not dock at any Maltese port during this period.

4. The vessel visited Amsterdam Port (The Netherlands) between 2 and 5 July 2006. A local port reception facilities company was contracted to collect approximately 500m3 of cargo residues from the blendstocks and the Merox processing on board the Probo Koala. These cargo residues were a malodorous mix of gasoline, mercaptan sulphurs and spent caustic soda. A commercial dispute arose with this contractor and cargo residues off-loaded from the Probo Koala were re-loaded to the vessel. The Probo Koala then left Amsterdam Port for the Port of Paldiski (Estonia) with the authorisation of the Dutch port authorities.

5. The Probo Koala visited Abidjan Port (Côte d’Ivoire) between 19 and 22 August. Abidjan Port is the largest oil port in West Africa and had all authorisations and facilities to manage cargo residues from the vessel. Approximately 500m3 of cargo residues were off-loaded by Compagnie Tommy, a fully licensed port reception facilities contractor. This company later illegally dumped these cargo residues at various sites in and around Abidjan. Trafigura fully intended and expected that the cargo residues would be properly and safely treated. Trafigura did not foresee and nor could it have foreseen the reprehensible and unlawful way in which Compagnie Tommy dumped these materials

6. As part of a 2007 settlement between Trafigura and the Ivorian government, the company financed the removal of all dumped cargo residues, the remediation of the dump sites and the treatment of removed materials in France. In 2009, WSP Environment & Energy, a leading global environmental consultancy, assessed whether residual contaminants associated with the cargo residues remained at the dump sites in Abidjan. Based on the work undertaken, WSP was unable to identify neither any ongoing environmental issues arising from the material nor any risk to human health.

7. Trafigura denies that it violated any international convention, EU or national regulation in transporting the cargo residues on board the Probo Koala in EU waters or out of EU waters. Ship-generated waste and cargo residues, such as those on board the vessel and dumped in Abidjan, are governed by the provisions of the International Convention for the Prevention of Pollution from Ships (MARPOL) and the EU Directive on Port Reception Facilities (2000/59/EC). Trafigura fully complied with the convention and the directive at all times.

8. On 23 September 2009, the High Court in London approved a settlement between Trafigura and approximately 30,000 Ivorian claimants that were allegedly injured by exposure to the dumped cargo residues in Abidjan. The parties instructed 20 independent experts to advise on issues such as the chemical composition of the cargo residues and what, if any, effects these materials could or did have on the health of the local population. Following the most detailed investigation to date, the experts confirmed that they were unable to identify any link between exposure to the dumped cargo residues and claims of death, serious injury and later birth defects miscarriages. Both Trafigura and the claimants formally acknowledged that the material could at worse have caused only transient flu-like symptoms. In short, the cargo residues did not cause any deaths or serious injuries. These conclusions were endorsed by an English High Court judge, and were neither contradicted nor doubted by the District Court of Amsterdam in recent proceedings involving Trafigura.

9. On 23 July, the District Court of Amsterdam ruled on a case concerning the visit of the Probo Koala to Amsterdam Port. Trafigura was one of five co-defendants in this case. The court acquitted Trafigura of a charge of forgery regarding declarations made on the cargo residues but convicted the company on two technical violations of Dutch and EU laws concerning the management of dangerous goods and the shipment of waste. Trafigura believes that the court’s judgment on these two charges is fundamentally flawed and intends to appeal these findings.

I understand the general interest in the operations of the Probo Koala in Maltese waters, particularly given the widespread and all too often erroneous media reporting on the Abidjan dumping incident. However, claims that Trafigura engaged in unlawful or improper activity in Malta are wholly without merit. Trafigura will make every effort to expose and refute such false claims.

Pierre Lorinet

Director

Trafigura Beheer B.V.