Maritime
Credit: flickr.com/photos/imo-un/collections
Compensation regime for
Hazardous and Noxious
Cargoes a step closer
H
NS ratifications: (above) Ms. Sarah Fountain
Smith, Deputy High Commissioner, High
commission of Canada in the United Kingdom,
deposited Canada’s instrument of ratification
with IMO Secretary-General Kitack Lim. (below)
His Excellency. Mr. Abdurrahman Bilgiç, Am-
bassador Extraordinary and Plenipotentiary,
Permanent Representative of the Republic of
Turkey to IMO, handed over Turkey’s instrument
of ratification.
Two ratifications to a key compensation treaty covering the transport
of hazardous and noxious substances (HNS) by ship have brought the
instrument a step closer to entry into force.
Canada and Turkey on Monday (23 April) deposited their instruments
of ratification to the 2010 Protocol to the International Convention on Li-
ability and Compensation for Damage in Connection with the Carriage of
Hazardous and Noxious Substances by Sea, 1996 (2010 HNS Convention).
When in force, the treaty will provide a regime of liability and compen-
sation for damage caused by HNS cargoes transported by sea, including
oil and chemicals, and covers not only pollution damage, but also the risks
of fire and explosion, including loss of life or personal injury as well as loss
of or damage to property. The HNS Convention establishes the principle
that the 'polluter pays' by ensuring that the shipping and HNS indus-
tries provide compensation for those who have suffered loss or damage
resulting from an HNS incident. An HNS Fund will be established, to pay
compensation once shipowner's liability is exhausted. This Fund will be
financed through contributions paid post incident by receivers of HNS
cargoes.
Both Canada and Turkey provided, as required by the treaty, data on
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the total quantities of liable contributing cargo. Turkey reported more
than 25.4 million tonnes of cargo received.
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.
The treaty has now been ratified by three States, Canada, Norway and
Turkey. The total quantity of contributing cargo has reached 28.7 million
tonnes, or nearly 72% of that required for entry into force.
IMO Secretary-General Kitack Lim welcomed the notable progress
towards entry into force of the HNS Convention, seen as the key missing
piece needed to complete IMO’s comprehensive liability and compensa-
tion regime.
“I thank Canada, Norway and Turkey for their commitment and strongly
encourage other Member States to ratify the 2010 HNS Protocol. The IMO
Secretariat stands ready to assist States considering ratifying the Conven-
tion,” Mr. Lim said.
His Excellency. Mr. Abdurrahman Bilgiç, Ambassador Extraordinary and
Plenipotentiary, Permanent Representative of the Republic of Turkey to
IMO, handed over Turkey’s instrument of ratification during IMO’s Legal
Committee, which is meeting 23-25 April.
Earlier, Ms. Sarah Fountain Smith, Deputy High Commissioner, High
commission of Canada in the United Kingdom, deposited Canada’s instru-
ment of ratification with IMO Secretary-General Lim.
Support for ratification of HNS Convention
IMO is hosting a two-day workshop (26-27 April) for States planning
to ratify the HNS treaty. The workshop, organized in cooperation with the
International Oil Pollution Compensation Funds (IOPC Funds), will focus on