2010 HNS Convention: International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2013 Edition (KA479E) (eBook)

Published Date

October 2013

2010 HNS Convention: International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2013 Edition (KA479E) (eBook)

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The HNS Convention was adopted in May 1996 and establishes a two-tier system for compensation to be paid in the event of accidents at sea, in this case, involving hazardous and noxious substances, such as chemicals. It is based on the highly successful model of the Civil Liability and Fund Conventions that covers pollution damage caused by spills of persistent oil from tankers.

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This publication is divided into three parts.

 

Part 1 contains the International Convention on Liability and Compensation for Damage In Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010 (2010 HNS Convention), overview of the 2010 HNS Convention & guidelines on reporting of HNS contributing cargo.

 

Part 2 contains the Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 & the Final Act of the International Conference of 2010 on the Revision of the HNS Convention.

 

Part 3 contains the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (HNS Convention), 1996 & the Final Act of the International Conference on Hazardous and Noxious Substances and Limitation of Liability, 1996.

Foreword

Part 1

International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2010 (2010 HNS Convention)

 

Chapter I – General Provisions

Definitions

Annexes

Scope of application

Duties of State Parties

 

Chapter II – Liability

Liability of the owner

Incidents involving two or more ships

Limitation of liability

Death and injury

Compulsory insurance of the owner

 

Chapter III – Compensation by the International Hazardous and Noxious Substances Fund (HNS Fund)

Establishment of the HNS Fund

Compensation

Related tasks of the HNS Fund

General provisions on contributions

General provisions on annual contributions

Annual contributions to the general account

Annual contributions to separate accounts

Initial contributions

Reports

Non-reporting

Non-payment of contributions

Optional liability of States Parties for the payment of contributions

Organization and administration

Assembly

Secretariat

Finances

Voting

Tax exemptions and currency regulations

Confidentiality of information

 

Chapter IV – Claims and Actions

Limitation of actions

Jurisdiction in respect of action against the owner

Jurisdiction in respect of action against the HNS Fund or taken by the HNS Fund

Recognition and enforcement

Subrogation and recourse

Supersession clause

 

Chapter V – Transitional Provisions

First session of the Assembly

Chapter VI – Final Clauses

Signature, ratification, acceptance, approval and accession

Entry into force

Revision and amendment

Amendment of limits

Denunciation

Extraordinary sessions of the Assembly

Cessation

Winding up of the HNS Fund

Depositary

Languages

 

Annex I – Certificate of Insurance or Other Financial Security in Respect of Liability for Damage Caused by Hazardous and Noxious Substances (HNS)

Annex II – Regulations for the Calculation of Annual Contributions to the General Account

 

An Overview of the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances By Sea, 2010 (The 2010 HNS Convention)

Explanatory note

Main reasons for the changes introduced into the 1996 Convention by the 2010 Protocol

Introduction to the 2010 HNS Convention

Scope of application

Damage

1st tier – Liability of the shipowner

(a) Strict liability of the shipowner

(b) Limitation of liability

(c) Channelling of liability

(d) Compulsory insurance

2nd tier – HNS Fund

Limit of compensation by the HNS Fund

Financing of the HNS Fund

(a) Contributions to the HNS Fund

(b) HNS Fund accounts

Competence of courts

Administration

Entry into force of the 2010 HNS Convention

 

Guidelines on reporting of HNS contributing cargo

1 Introduction

2 Convention requirements

2.1 General provisions on contributions

2.2 Reporting contributing cargo

2.3 Definition of contributing cargo

3 Submission procedure

3.1 Reporting process

3.1.1 Before the Convention enters into force

3.1.2 After the Convention has entered into force

3.2 Reporting definitions

3.2.1 Definition of receiver

3.2.2 General Principle

3.2.3 Relationship between the receiver and the principal

3.2.4 Relationship between the receiver of LNG and the titleholder

3.2.5 Transhipment

3.2.6 Threshold limits for reporting

3.2.7 List of contributors and criteria for identification

3.2.8 Contributing cargo reporting forms

3.3 Submission of reports to IMO

4 Compliance and verification

Annex 1 – Suggested text of regulations on compliance and verification

Annex 2 – Main features of the guidelines on reporting HNS contributing cargo

Annex 3 – HNS contributing cargo reporting at a glance

Appendix 1 – Model letter to accompany the model form for receivers

Appendix 2 – Report by States on Receipts of HNS Contributing Cargo

Appendix 3 – Receiver Model Reporting Form

Appendix 4 – HNS Contributing Cargo Nil Declaration Form

 

Part 2

Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996

Definitions

General obligations

Final Clauses

Signature, ratification, acceptance, approval and accession

Entry into force

Revision and amendment

Amendment of limits

Denunciation

Extraordinary sessions of the Assembly

Cessation

Winding up of the HNS Fund

Depositary

Languages

Annex I – Certificate of Insurance or Other Financial Security in Respect of Liability for Damage Caused by Hazardous and Noxious Substances (HNS)

 

Final Act of the International Conference of 2010 on the Revision of the HNS Convention

Conference Resolutions

Resolution 1

Setting up the HNS Fund

Resolution 2

Promotion of Technical Co-Operation and Assistance

Resolution 3

Avoidance of a Situation in which Two Conflicting Treaty Regimes are Operational

Resolution 4

Implementation of the 2010 HNS Protocol

 

Part 3

International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996

 

Chapter I – General Provisions

Definitions

Annexes

Scope of application

Duties of States Parties

 

Chapter II – Liability

Liability of the owner

Incidents involving two or more ships

Limitation of liability

Death and injury

Compulsory insurance of the owner

 

Chapter III – Compensation by the International Hazardous and Noxious Substances Fund (HNS Fund)

Establishment of the HNS Fund

Compensation

Related tasks of the HNS Fund

General provisions on contributions

General provisions on annual contributions

Annual contributions to the general account

Annual contributions to separate accounts

Initial contributions

Reports

Non-payment of contributions

Optional liability of States Parties for the payment of contributions

Organization and administration

Assembly

Secretariat

Finances

Voting

Tax exemptions and currency regulations

Confidentiality of information

 

Chapter IV – Claims and actions

Limitation of actions

Jurisdiction in respect of action against the owner

Jurisdiction in respect of action against the HNS Fund or taken by the HNS Fund

Recognition and enforcement

Subrogation and recourse

Supersession clause

 

Chapter V – Transitional provisions

Information on contributing cargo

First session of the Assembly

 

Chapter VI – Final clauses

Signature, ratification, acceptance, approval and accession

Entry into force

Revision and amendment

Amendment of limits

Denunciation

Extraordinary sessions of the Assembly

Cessation

Winding up of the HNS Fund

Depositary

Languages

 

Annex I – Certificate of Insurance or Other Financial Security in respect of Liability for Damage Caused by Hazardous and Noxious Substances (HNS)

 

Annex II – Regulations for the calculation of annual contributions to the general account

 

Final Act of the International Conference on Hazardous and Noxious Substances and Limitation of Liability, 1996

Conference Resolutions

Resolution on setting up the HNS Fund

Resolution on the treatment of fishmeal in the IMDG Code and the BC Code

Resolution on liability and compensation for damage occurring during the transport of radioactive materials

Resolution on the relationship between the HNS Convention and a prospective regime on liability for damage in connection with the transboundary movements of hazardous wastes

A​​s a specialized agency of the United Nations, IMO is the global standard-setting authority for the safety, security and environmental performance of international shipping. Its main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented.  

In other words, its role is to create a level playing-field so that ship operators cannot address their financial issues by simply cutting corners and compromising on safety, security and environmental performance. This approach also encourages innovation and efficiency.

Shipping is a truly international industry, and it can only operate effectively if the regulations and standards are themselves agreed, adopted and implemented on an international basis. And IMO is the forum at which this process takes place.

Title: 2010 HNS Convention: International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 2013 Edition (KA479E) (eBook)
Number of Pages: 160
Product Code: MM1030EA
ISBN: ISBN 13: 9789280115727, ISBN 10: 9280115723
Published Date: October 2013

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