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The HNS Convention: Protecting Against Hazardous Substances Spills

Explore the impact of HNS incidents, the HNS Convention history, and the 2010 Protocol for better implementation. Get insights on the work of IOPC Funds and preparation for entry into force. Dive into the potential issues and tasks ahead.

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The HNS Convention: Protecting Against Hazardous Substances Spills

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  1. The HNS Convention: Role of the IOPC Funds Special Consultative Meeting Rotterdam, The Netherlands, 14 – 15 June Thomas Liebert International Oil Pollution Compensation Funds

  2. Hazardous and noxious substances spills: They are real! Reported HNS incidents just to name a few • 192 incidents between 2002 – 2010 • 106 incidents in the Mediterranean Sea (1988 – 2007) • 423 spills in the US (1992 –1996) • 24 incidents reported worldwide (April 2010 – January 2011, draft) Sources : IMO (2009 and 2011), International Group of P&I Clubs (2010)

  3. HNS Convention A history • 1996 HNS Convention • A number of shortcomings • heavy reporting requirements on packaged substances • unfair sharing of cost • issue of receiver / agent / titleholder • no agreed comprehensive list of HNS • no enforced reporting obligation • 14 States ratified, 2 submitted reports

  4. 2010 HNS Protocol: Overcoming obstacles to ratification Expediting entry into force

  5. HNS Convention As modified by the 2010 Protocol • WhatBy reference to existing codes and conventions for safe handling and carriage of dangerous goods • How Organised in 4 accounts for contributions and compensation payment • WhoAll sea-going ships carrying HNS to, from, within Member States (+ EEZ exception) • WhereTerritory, territorial sea and exclusive economic zone Cargo Accounts Table * Condition for entry into force

  6. Preparation for entry into force Overview

  7. Preparation for entry into force IOPC Funds’ work 1. List of substances 2002 – 2005 • An HNS Convention Contributing Cargo Calculator prototype with a database of 100 chemical becomes available • The HNS CCCC includes a database of up to 6,000 chemicals • Not kept current after 2006 due to lack of ratifications • IMO International Conference agrees on references for the HNS lists • IMO Legal Committee agrees to disseminate and review lists • Digitisation of the IMDG Code (1996) has been made electronically available • Will become part of the compensation element of the HNS calculator 2010 2011

  8. List of substances (cont’d) References Bulk Packaged goods

  9. Preparation for entry into force IOPC Funds’ work 2. HNS Calculator

  10. 2. HNS Calculator (cont’d) HNSCCCC Prototype

  11. 2. HNS Calculator (cont’d) Potential issue and key tasks

  12. Preparation for entry into force IOPC Funds’ work • Support to expedite signature, ratification and accession • Development of guidelines to implement the HNS Convention into national law • Take into account the Ottawa agreement as revised by the “Rotterdam meeting”!? • Awareness raising • Worldwide workshops • Production and dissemination of information material

  13. Preparation for implementation Considerations for the future • Secretariat • General consensus for a joint secretariat with IOPC Funds • Headquarters agreement • Rules of procedure • Internal and financial regulations • Handling of claims • Establishment of claims committee comprising 7 – 15 members • Composition and mandate of the committee • Claims guidelines • Financial issues • Own accounts and budget • Appointment of an external auditor

  14. Implementation and application: Make it happen At international level Denmark signs up first (14 April 2011) Including 4 States each with no less than 2 million units of gross tonnage The general account’s contributing cargo volume must be at least 40 million tonnes

  15. www.iopcfund.org www.hnsconvention.org Thomas Liebert Head, External Relations and Conference Deparment

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