Estonia becomes the latest country to accede to IMO compensation treaty covering the maritime transport of hazardous and noxious substances (HNS) by ship.
This treaty provides liability and compensation for the damage that is caused by HNS cargoes transported by sea, including oil and chemicals. Additionally, it covers the pollution damage, the risks of fire and explosion (including loss of life or personal injury) and the loss of or damage to property.
For this reason, once a shipowner’s liability is exhausted, an HNS Fund will be established, to pay compensation. This Fund will be financed through contributions paid post incident by receivers of HNS cargoes.
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What is HNS?
The transport of hazardous and noxious substances (HNS) by sea is a vital trade. Chemicals and other products underpin many manufacturing processes and IMO regulations ensure their safe transport. However, incidents do happen and the HNS Convention is the last piece in the puzzle needed to ensure that those who have suffered damage have access to a comprehensive and international liability and compensation regime.
Estonia provided data on the total quantities of liable contributing cargo, as it is required by the treaty. Entry into force of the treaty requires accession by at least 12 States, meeting certain criteria in relation to tonnage and reporting annually the quantity of HNS cargo received in a State. The treaty requires a total quantity of at least 40 million tonnes of cargo contributing to the general account to have been received in the preceding calendar year.
It is recalled that on 10 January, Estonia had deposited the instrument of accession to the 2010 Protocol to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (2010 HNS Convention).
Currently, the treaty has 6 Contracting States (Canada, Denmark, Estonia, Norway, South Africa and Turkey). Four of these States each have more than 2 million units of gross tonnage. With the present six Contracting States, the 2010 HNS Protocol needs only six more States to ratify or accede to it plus the required contributing cargo, thus the Convention is significantly closer to its entry into force.
EXPLORE MORE ABOUT THE HNS CONVETION AT the IMO’S PRESENTATION
