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By Helen Hill, Lloyd's List

Although a firm decision on the fate of the Sandrien is not likely immediately, many eyes will be turned to the Netherlands, as the vessel’s fate represents a landmark case.

The European ruling was established to prevent industrialised countries dumping waste in developing countries.

Built in 1974, the Sandrien was detained on the grounds that there were hazardous materials, including asbestos, on board. The vessel was believed to be on her way to a scrapyard at Alang.

Roelant Klaassen, a Rotterdam lawyer, representing the owner, Upperton Ltd, of Mauritius, argues that the Sandrien was not heading for the scrapyard and also that the asbestos found on board was an integral part of the vessel.

“She was fit for trading and had the charters. She was ready for normal trading,” said Mr Klaassen. “It should just be a question as to whether she was seaworthy or not.” Environmental groups believe that the vessel should be dealt with under the European convention and should be cleaned up or not sail at all.

Although it is a closed hearing, Greenpeace will try to attend as an observer, a spokeswoman said.

“This is still a grey area,” she added. “It is very complicated. Is the owner, flag state or port of departure accountable?” In the case of the Sandrien, though, Greenpeace said the situation was more straight forward.

“We believe that it is a clearly a case when the European rules apply,” the spokeswoman said. “Even if the asbestos is in the hull it would fall under the Basle convention.” Greenpeace had grave concern as to whether the vessel should be allowed to sail at all even as a once-off, given her condition.

“It is not fair that such a vessel should go to be scrapped in countries that do not have the facilities to deal with these toxic substances,” she said.

“We are not against the scrapping. We recognise that they need the steel, but the hazardous materials should be dealt with here or under OECD country conditions.” Earlier, Lloyd’s List reported that the vessel had spent a year detained in the Italian port of Augusta but was then trading as the Maria S and controlled by Giuseppe Savarese, the owner of the ill-fated Erika.

Ironically, the Sandrien is berthed in north Amsterdam next to the Otapan, also a vessel under the spotlight due to asbestos on board.