Denmark presented its plan to ratify the 2010 International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea. The Convention aims to provide compensation for costs, including clean-up and restoring the environment in case of an incident involving HNS cargoes.
With the entry of the Convention, access to a global liability and compensation regime, similar to that for oil spills will be granted. Costs will be shared between shipowners and HNS cargo receivers.
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Although eight States (Canada, Denmark, France, Germany, Greece, the Netherlands, Norway and Turkey) signed the 2010 HNS Protocol, subject to ratification, only Norway, Canada and Turkey are the three States to have ratified the Protocol so far.
The HNS Convention will enter into force 18 months after it has been acceded by twelve countries, meeting certain criteria regarding to tonnage and reporting annually the quantity of HNS cargo received in a State. The treaty requires at least 40 million tonnes of cargo, which are liable to the HNS Fund.
Until the HNS Convention comes into effect, an existing EU Directive on Environmental Liability for Preventing and Remedying Environmental Damage will apply to HNS incidents in the waters of EU Member States, without the benefits of the international regime.
On 23 April, Canada and Turkey both ratified the 2010 HNS Protocol, joining Norway as the first three States to lead the way towards entry into force of the 2010 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention).
Henriette Ingvardsen, Head of Legal Affairs at Danish Shipping, stated:
I am happy to see the up-coming Danish ratification of the last member of the IMO family of maritime law conventions – the 2010 HNS Convention. The entry into force of the convention will ensure that those who have suffered damage have access to an international liability and compensation regime. I hope it will encourage other States to ratify the convention so it can enter into force as soon as possible.
