HNS Convention

In May 1996, the International Maritime Organization organized an international conference in London, where states adopted the HNS Convention.{{citation|url=http://folk.uio.no/erikro/WWW/HNS/hns.html#conv|title=Correspondence Group's Website|accessdate=2014-01-20}} 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.{{citation|url=http://www.iopcfunds.org/about-us/legal-framework|title=IOPC Funds three-tier system|accessdate=2014-01-20}}

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.{{citation|url=http://folk.uio.no/erikro/WWW/HNS/eu.pdf|title=Official Journal of the European Communities|accessdate=2014-01-20}}

An HNS is a substance such as chemicals, which could threaten humans and marine life and interfere with legitimate uses of the sea, if spilled in the sea. HNS is considered dangerous goods. Under the convention, it does not include crude oil.{{citation|url=http://www.itopf.com/marine-spills/about-hns/|title=What are Hazardous and Noxious Substances (HNS)?|accessdate=2014-01-20}} Whether a substance is hazardous or noxious is determined by its inclusion in the number of conventions and codes of the International Maritime Organization developed to protect maritime safety 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.{{citation|url=http://www.hnsconvention.org/Pages/FinderOverview.aspx|title=The HNS Finder|accessdate=2014-02-13|url-status=dead|archiveurl=https://web.archive.org/web/20140220012952/http://hnsconvention.org/Pages/FinderOverview.aspx|archivedate=2014-02-20}}{{citation|url=http://www.tc.gc.ca/eng/policy/acf-acfi-hns-overview-2609.htm|title=Overview of the 2010 Hazardous and Noxious Substances Convention|accessdate=2014-02-18}}

• Oils, as defined in regulation 1 of annex I to MARPOL 73/78 (carried in bulk)
• Noxious liquid substances, as defined in regulation 1.10 of Annex II MARPOL 73/78. 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){{citation|url=http://www.imo.org/OurWork/Environment/PollutionPrevention/ChemicalPollution/Pages/TripartiteAgreements.aspx|title=Tripartite Agreements|accessdate=2014-02-13}}
• Dangerous liquid substances listed in chapter 17 of the IBC Code (carried in bulk){{citation|url=http://www.imo.org/OurWork/Environment/PollutionPrevention/ChemicalPollution/Pages/IBCCode.aspx|title=International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code)|accessdate=2014-02-13|archive-date=2013-08-27|archive-url=https://web.archive.org/web/20130827203624/http://www.imo.org/ourwork/environment/pollutionprevention/chemicalpollution/pages/ibccode.aspx|url-status=dead}}
• 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{{citation|url=http://www.imo.org/OurWork/Environment/PollutionPrevention/ChemicalPollution/Pages/IGCCode.aspx|title=International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code)|accessdate=2014-02-13|archive-date=2014-02-22|archive-url=https://web.archive.org/web/20140222215044/http://www.imo.org/OurWork/Environment/PollutionPrevention/ChemicalPollution/Pages/IGCCode.aspx|url-status=dead}}
• Liquid substances with a Flash Point not exceeding 60°C (carried in bulk)
• Solid bulk materials possessing chemical hazards covered by the IMSBC Code.{{citation|url=http://www.lr.org/Images/IMSBC%20Code%20pocket%20guide_final_web_tcm155-247233.pdf|title=Carrying solid bulk cargoes safely, Lloyd's Register|accessdate=2014-02-13|url-status=dead|archiveurl=https://web.archive.org/web/20140222133500/http://www.lr.org/Images/IMSBC%20Code%20pocket%20guide_final_web_tcm155-247233.pdf|archivedate=2014-02-22}} 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.{{citation|url=http://www.cedre.fr/en/publication/cedre-publishers/chemical-pollution/chemical-pollution.php|title=Understanding Chemical Pollution at Sea|accessdate=2014-02-06}}

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 is the International Monetary Fund's currency), which is approximately between USD 15 million to USD 150 million. The amount depends on the gross tonnage 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.{{citation|url=http://www.hnsconvention.org/Pages/TheConvention.aspx|title=HNS Convention: Legal framework|accessdate=2014-01-20|url-status=dead|archiveurl=https://web.archive.org/web/20140201225527/http://www.hnsconvention.org/Pages/TheConvention.aspx|archivedate=2014-02-01}}

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

{{reflist|2}}

• [http://www.cedre.fr/en/publication/cedre-publishers/chemical-pollution/chemical-pollution.php Center of Documentation, Research and Experimentation on Accidental Water Pollution (CEDRE)]
• [http://www.hnsconvention.org Official HNS Convention Site]
• [http://www.itopf.com/spill-compensation/hns-convention/ International Tanker Owners' Pollution Federation Limited]
• [http://www.tc.gc.ca/eng/policy/acf-acfi-hns-overview-2609.htm/ Transport Canada: Overview of the 2010 Hazardous and Noxious Substances Convention]

Category:Environmental impact of shipping

Category:Environmental treaties

Category:Treaties concluded in 1996

Category:International Maritime Organization treaties