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IT’S ABOUT TIME HNS CONVENTION • EFFORTS TO GET THE HNS CONVENTION INTO FORCE HAVE A LONG HISTORY. EUROPE’S SHIPOWNERS AND THE EUROPEAN COMMISSION ARE GIVING IT A PUSH SHIPOWNERS IN EUROPE are calling for governments to get on and ratify the 2010 International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention). The message was sent by the European Community Shipowners’ Associations (ECSA) during European Shipping Week 2020 this past February, where representatives from the European Commission, the International Maritime Organisation (IMO), the International Oil Pollution Compensation (IOPC) Funds and many industry bodies were in attendance.
Discussions at the event centred on how the Convention will – once it is ratified and in place – strengthen the international liability framework. There was also the opportunity to hear the experiences of states that have already ratified the Convention. “The HNS Convention is an important part of the international maritime liability and compensation regime as it establishes a comprehensive scheme covering pollution damage from hazardous and noxious substances carried by ships. The shipping industry strongly supports its ratification,” said ECSA secretary general, Martin Dorsman.
Viggo Bondi, chairman of ECSA’s Legal Advisory Committee, added: “To date, Denmark is the only EU member state that ratified the Convention and today we heard why it considered ratification very important and how it had prepared for ratification. We were encouraged to hear today that a number of other EU member states, including France, Netherlands and Belgium, plan to ratify in the near future. We encourage all other member states to progress their efforts to ratify the Convention as soon as possible. In this way the EU will lead by example and enable the Convention’s entry into force. This is important as shipping is the most international of industries and it needs global rules and a level playing field.” WHERE WE ARE The 2010 HNS Convention establishes a comprehensive, uniform and global set of liability rules covering pollution damage from hazardous and noxious substances carried by ships, as well as the risks of fire and explosion, loss of life, personal injury and loss of or damage to property. In the case of larger pollution incidents, where the damages exceed the limit of the shipowner, the HNS Fund pays “top up” compensation. This two-tier liability regime ensures better protection and compensation for potential victims of an incident. The HNS Convention is seen as being increasingly important as the carriage of HNS by sea is growing by almost all ship types including container ships, chemical tankers, and LNG and LPG tankers. At least 12 states must ratify the Convention for it to enter into force, of which four must each have at least 2m grt under their flag. So far only five states have ratified the Convention: Norway, Canada, Turkey, Denmark and South Africa – although four of these do meet the 2m grt benchmark. In April 2017, the Council of the European Union authorised member states to ratify the Convention, with the exception of the aspects related to judicial cooperation in civil matters. They were urged to do so “within a reasonable time” and, if possibly, by no later than 6 May 2021.
HCB MONTHLY | APRIL 2020
