Four States deposited their instruments of ratification of 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), bringing the treaty’s entry into force a step closer.
As announced, Belgium, Germany, the Kingdom of the Netherlands, and Sweden have deposited their instruments of ratification to the 2010 HNS Convention, marking an important step toward its entry into force. The Convention seeks to ensure adequate, prompt and effective compensation for damage caused by incidents involving hazardous and noxious substances (HNS) carried by sea.
Its relevance is increasing as growing volumes of chemicals and alternative fuels are transported in bulk by maritime routes. With these latest ratifications, the number of Contracting States to the 2010 Protocol has reached 12, thereby fulfilling the minimum State requirement for entry into force. The HNS Convention treaty requires at least 12 States to express their consent to be bound, including four States each with no less than 2 million units of gross tonnage. Notably, five of the eight States that had previously ratified the treaty already met this tonnage threshold.
In addition, the Protocol requires States to submit to the IMO Secretary-General, at the time of depositing their instrument of ratification and annually thereafter (on or before 31 May, until the Protocol enters into force for that State), data on the total quantities of HNS contributing cargo received in the preceding calendar year.
The Protocol will enter into force 18 months after Contracting States collectively report receiving at least 40 million tonnes of contributing cargo to the HNS general account in the previous year.
In 2025, Belgium, Germany, the Kingdom of the Netherlands, and Sweden together reported nearly 28 million tonnes of such cargo, bringing the Convention significantly closer to meeting this final threshold.
When in force, the 2010 HNS Convention will provide a regime of liability and compensation 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.
Furthermore it establishes the principle that the ‘polluter pays’ by ensuring that the shipping and HNS industries 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.
The 2010 HNS Convention complements existing regimes already in force for the transport of oil as cargo, bunker oil used for the operation and propulsion of ships, the removal of hazardous wrecks and claims for death of or personal injury to passengers, or for damage to their luggage, on ships.
HNS covered by the Convention include: oils; other liquid substances defined as noxious or dangerous; liquefied gases; liquid substances with a flashpoint not exceeding 60˚C; dangerous, hazardous and harmful materials and substances carried in packaged form or in containers; and solid bulk materials defined as possessing chemical hazards.
It is estimated that some 65.000 ships will require the HNS certificates of insurance or other financial security