Onder 6.10 Gerechtshof Den Haag 18 december 2015

Ad b The most recent Audit report at the time of the spill concerning asset integrity as well as the one re environmental and safety policy, with accompanying findings, recommendations and approval and closeout of actions. Shell has asserted that in itself it is correct ‘that compliance with the HSSE policy (HSSE means: Health, Security, Safety and Environment, addition Court of Appeal) within the Royal Shell Group is monitored by means of audits’, but that this does not mean ‘that an audit report exists with regard to the pipeline near Goi or with regard to the Emergency and Oil Spill response , including findings, recommendations and approval and closeout of the litigious spill near Goi.’ Subsequently, Milieudefensie et al., in item 268 of their statement of appeal, have given a further description of the documents in question, namely (in so far as relevant): (i) the at the time of the spill most recent internal Asset Integrity Audit evaluating the technical integrity and -where relevant- the operational integrity of the pipeline(s) near Goi; (ii) the at the time of the spill most recent HSE audit (HSE stands for: Health, Safety and Environment , addition Court of Appeal) evaluating the SPDC’s Emergency and Oil Spill Response procedures applying to the pipelines and the Goi area; (iii) the audit results and remedial action plans (‘findings, recommendations and approval and closeout of actions) documented on the basis of those audits). Shell has not addressed this issue concretely anymore; it just repeated its earlier response cited above. As a result it has not contested with adequate substantiation the existence of documents as further described by Milieudefensie et al. in item 268. The fact that those documents do not concern the location of the spill in question is no ground for dismissal, for it does not mean that they may not be material in assessing how supervision was implemented and how relevant information was shared with the parent company. This part of the claim is therefore allowed in the manner set forth hereunder.

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