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International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010 (HNS Convention)


Year: 2019
Language: english
Author: International Oil Pollution Compensation Funds (IOPC Funds)
Genre: Convention (rules)
Format: PDF
Quality: eBook
Pages count: 54
Description: The HNS Convention was adopted by an International Conference organised by the International Maritime Organization in London in May 1996 and is based on the highly successful model of the Civil Liability and Fund Conventions which cover pollution damage caused by spills of persistent oil from tankers. As with the original oil pollution compensation regime, the HNS Convention will establish a two-tier system for compensation to be paid in the event of accidents at sea, in this case, involving hazardous and noxious substances, such as chemicals.
Tier one will be covered by compulsory insurance taken out by shipowners, who would be able to limit their liability. In those cases where the insurance does not cover an incident, or is insufficient to satisfy the claim, a second tier of compensation will be paid from a Fund, made up of contributions from the receivers of HNS. Contributions will be calculated according to the amount of HNS received in each Member State in the preceding calendar year.
By 2009, the HNS Convention had still not entered into force, due to an insufficient number of ratifications. A second International Conference, held in April 2010, adopted a Protocol to the HNS Convention (2010 HNS Protocol), that was designed to address practical problems that had prevented many States from ratifying the original Convention.
South Africa became the fifth State to ratify or accede to the 2010 HNS Protocol in July 2019. It joins Canada, Denmark, Norway and Turkey, who have already deposited instruments of ratification to the Protocol and who are leading the way towards entry into force of the 2010 HNS Convention.
Amongst the criteria for the Convention’s entry into force, at least 12 States are required to ratify or accede to the Protocol, four of which must each have a merchant shipping fleet of no less than 2 million units of gross tonnage. The instruments deposited by the five States so far have led to the Protocol having already over one third of the number of States required for its entry into force as well as the required units of gross tonnage, so this particular criterion has been met.
Once the 2010 HNS Protocol enters into force, the 1996 Convention, as amended by the 2010 Protocol, will be called: “the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010”.
Additional info: Consolidated text of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, and the Protocol of 2010 to the Convention.

Contents

Page 1 - Chapter I – General Provisions
Page 6 - Chapter II – Liability
Page 11 - Chapter III – Compensation by the International Hazardous and Noxious Substances Fund (HNS Fund)
Page 22 - Chapter IV – Claims and Actions
Page 25 - Chapter V – Transitional Provisions
Page 26 - Chapter VI – Final Clause
Page 31 - Annex I - Certificate of Insurance or Other Financial Security in Respect of Liability for Damage Caused by Hazardous and Noxious Substances (HNS)
Page 32 - Annex II - Regulations for the Calculation of Annual Contributions to the General Account
Page 43 - Guidelines on reporting of HNS contributing cargo
Page 52 - Annex 1- Suggested text of regulations on compliance and verification

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