The Dutch Public Prosecution Service (OM) has announced that it has decided to prosecute Tata Steel Nederland, suspecting the company of multiple criminal offenses, including the intentional and unlawful release of harmful substances into the air, which may have had adverse consequences for public health. The company is also suspected of breaching its duty of care by carrying out insufficient maintenance, operating without the required permits, and failing to report several incidents involving raw coke.
The criminal investigation was launched following a complaint filed by a lawyer on behalf of more than 800 complainants. The investigation focused on Tata Steel’s steelmaking process and the operation of its coke gas plants. After reviewing the case file, the Public Prosecution Service concluded that there is sufficient evidence to bring criminal charges against the company.
Separate investigation into individual liability continues
In addition to prosecuting Tata Steel as a legal entity, the Public Prosecution Service is continuing a separate investigation into whether individuals in managerial positions may be held personally liable.
The decision to summon the company at this stage was taken to maintain progress in the criminal proceedings, while the investigation into potentially involved individuals remains ongoing. A first preliminary hearing is scheduled for November 20, 2026, at the Amsterdam District Court. The Public Prosecution Service will announce the specific charges against Tata Steel during that hearing.
Tata Steel rejects allegations and cites operational improvements
In response to the Dutch Public Prosecution Service’s decision to summon Tata Steel Nederland, the company stated that the case specifically concerns allegations related to the formation of “undercooked coke” at its coking and gas plants (KGF) 1 and 2 in IJmuiden and the alleged failure to report such incidents in a timely manner. The company said concerns and criticism are taken seriously and that improvement measures have been implemented on an ongoing basis.
Tata Steel Nederland explained that it has been engaged in long-standing discussions with the North Sea Canal Area Environmental Agency, the regulator responsible for overseeing the matter, regarding the occurrence of so-called “undercooked coke”. The company stated that this coke is used both to reduce iron ore to iron and as a fuel in blast furnaces, and that its KGF 1 and 2 facilities produce approximately 135,000 batches of coke annually. Although it seeks to minimize the occurrence of undercooked coke, it said it is technically impossible to completely eliminate such incidents in an industrial production process of this scale.
According to the company, the technical discussions with the environmental regulator have resulted in significant improvements since 2020. Tata Steel stated that the number of undercooked coke cases has been reduced by 98 percent, with such incidents averaging less than 0.011 percent of total production between January 2020 and May 2026, which it said is below the industry average. The company added that only one case occurred in 2023, while no cases were recorded in 2024 or 2025, and therefore described the allegations as fundamentally unfounded.
Company to present defense during court proceedings
Tata Steel Nederland also emphasized that it considers criminal proceedings unnecessary given the limited number of historical incidents, which it said had already been addressed through technical improvements. The company stated that it has maintained a long-standing dialogue with the environmental regulator on the issue and believes the criminal case does not contribute to that process.
The company further noted that KGF 1 and 2 are scheduled to be permanently closed in the coming years as part of its green steel project, under which Tata Steel plans to transition to a more sustainable steelmaking process. Tata Steel concluded that it is further reviewing the allegations and stated that it will present its substantive defense during the court proceedings.