HNS Convention
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The HNS Convention (Hazardous and Noxious Substances by Sea Convention) is an international convention created in 1996 to compensate for damages caused by spillage of hazardous and noxious substances during maritime transportation. The convention is officially known as the ''International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea'', 1996. The convention has not entered into force due to signatory states not meeting the ratification requirements.
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signed the 2010 protocol to the convention.


History

In May 1996, the
International Maritime Organization The International Maritime Organization (IMO, French: ''Organisation maritime internationale'') is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference ...
organized an international conference in London, where states adopted the HNS Convention. The convention is based on the model of the 1992 International Convention on Civil Liability for Oil Pollution Damage, which covers pollution damage caused by spills of crude oil from tankers. In 2009, the convention had still not entered into force due to an insufficient number of ratification. In 2010, a second international conference adopted a protocol to the convention, which came to be known as 2010 HNS Protocol. The protocol was designed to overcome some implementation problems that had discouraged states from ratifying the original convention.


Scope

An HNS is a substance such as chemicals, which could threaten humans and
marine life Marine life, sea life, or ocean life is the plants, animals and other organisms that live in the salt water of seas or oceans, or the brackish water of coastal estuaries. At a fundamental level, marine life affects the nature of the planet. M ...
and interfere with legitimate uses of the sea, if spilled in the sea. HNS is considered
dangerous goods Dangerous goods, abbreviated DG, are substances that when transported are a risk to health, safety, property or the environment. Certain dangerous goods that pose risks even when not being transported are known as hazardous materials ( syllabi ...
. Under the convention, it does not include crude oil. Whether a substance is hazardous or noxious is determined by its inclusion in the number of conventions and codes of the
International Maritime Organization The International Maritime Organization (IMO, French: ''Organisation maritime internationale'') is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference ...
developed to protect
maritime safety Maritime safety as part of and overlapping with water safety is concerned with the protection of life (search and rescue) and property through regulation, management and technology development of all forms of waterborne transportation. The execut ...
and environment. For example, the substances listed under International Maritime Dangerous Goods Code are considered HNS. The lists and codes include several thousand substances. Many substances are covered under more than one category. * Oils, as defined in regulation 1 of annex I to
MARPOL 73/78 The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, or "MARPOL 73/78" is one of the most important international marine environmental conventions. MARPOL 73/78, MARPOL is an amalg ...
(carried in bulk) * Noxious liquid substances, as defined in regulation 1.10 of Annex II
MARPOL 73/78 The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, or "MARPOL 73/78" is one of the most important international marine environmental conventions. MARPOL 73/78, MARPOL is an amalg ...
. Additionally, those substances provisionally categorized as pollution category X, Y or Z and listed in MEPC 2 Circulars for substances subject to tripartite agreements (carried in bulk) * Dangerous liquid substances listed in chapter 17 of the IBC Code (carried in bulk) * Dangerous, hazardous and harmful substances, materials and articles covered by the IMDG Code, in effect in 1996 (carried in packaged form) * Liquefied gases as listed in chapter 19 of the IGC Code * Liquid substances with a
Flash Point The flash point of a material is the "lowest liquid temperature at which, under certain standardized conditions, a liquid gives off vapours in a quantity such as to be capable of forming an ignitable vapour/air mixture". (EN 60079-10-1) The fl ...
not exceeding 60°C (carried in bulk) * Solid bulk materials possessing chemical hazards covered by the IMSBC Code. These substances are also subject to the provisions of the IMDG Code in effect in 1996 (carried in packaged form) The convention also distinguishes substances based on whether they are transported in bulk or in packaged form. Bulk HNS include solids and liquids, such as oils and liquefied gases. Packaged HNS include dangerous, hazardous and harmful materials and articles in packaged form, which fall under the International Maritime Dangerous Goods Code. A free online database of hazardous and noxious substances is available to verify whether a substance is considered hazardous or noxious. The database also provides information on classification criteria.


Compensation

The HNS convention establishes a two-tier system for compensation in the event of accidents at sea involving hazardous and noxious substances. Tier one will be covered by the ship owner's compulsory insurance. The ship owner will be able to limit his financial liability to an amount between 10 million and 100 million SDR (
Special Drawing Rights Special drawing rights (SDRs, code ) are supplementary foreign exchange reserve assets defined and maintained by the International Monetary Fund (IMF). SDRs are units of account for the IMF, and not a currency ''per se''. They represent a claim ...
is the
International Monetary Fund The International Monetary Fund (IMF) is a major financial agency of the United Nations, and an international financial institution, headquartered in Washington, D.C., consisting of 190 countries. Its stated mission is "working to foster globa ...
's currency), which is approximately between USD 15 million to USD 150 million. The amount depends on the
gross tonnage Gross tonnage (GT, G.T. or gt) is a nonlinear measure of a ship's overall internal volume. Gross tonnage is different from gross register tonnage. Neither gross tonnage nor gross register tonnage should be confused with measures of mass or weigh ...
of the ship involved in the incident. If damage is caused by packaged HNS, the maximum liability for the ship owner is 115 million SDR, about USD 175 million. In cases where the insurance is insufficient, a second tier of compensation will be paid from the HNS fund. The second tier of compensation will be up to a maximum of 250 million SDR, about USD 380 million. This includes any amount paid by the ship owner and his insurer. Companies that import hazardous and noxious substances in member states of the convention will be required to contribute to this fund. Contributions will be based on the amount of substances companies receive each year. Types of damages covered: * Loss of life or personal injury * Loss of or damage to property outside the ship * loss or damage caused by contamination of the environment * Costs of preventive measures


References

{{reflist, 2


External links


Center of Documentation, Research and Experimentation on Accidental Water Pollution (CEDRE)Official HNS Convention Site

International Tanker Owners' Pollution Federation Limited
Environmental impact of shipping Environmental treaties Treaties concluded in 1996 International Maritime Organization treaties