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.
HNS covered by the Convention are defined by references to various IMO Conventions and Codes. These 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.
The current HNS Convention was adopted in 2010, amending a previous instrument that had been adopted in 1996. However, the 2010 HNS Convention has still not entered into force; States must ratify it before this can happen.
Together with the International Oil Pollution Compensation Funds (IOPC Funds) and the International Tanker Owners Pollution Federation (ITOPF), IMO has produced a six-page brochure that explains the benefits of the convention and encourages the next steps for States to implement and accede to the convention.
The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (“the HNS Convention”) was adopted in May 1996. It is modelled on CLC 1992 but intended to cover damages caused by spillage of hazardous and noxious substances during maritime transportation.
The preparation of cargo holds for the next intended carriage is a critical operation which requires careful planning and execution; this article considers a number of legal issues which may arise, including terms commonly used in charterparties to describe the cleanliness of cargo holds, the consequences of failing to comply with such terms, potentially resulting in off-hire claims and damages, and the role of the independent surveyor.
Hold preparation is probably the most vital part of bulk carrier operations; if it is not undertaken properly, it can result in substantial cargo claims, delays, additional cleaning, survey costs and expensive off-hire disputes.
During the initial stages of the voyage, the vessel encountered heavy weather, with spray and seas shipped on deck and all hatch covers over a period of 8 days; this video explores how this affected the maize cargo.
