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
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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