Briefing on HNS Convention 2010 – July 6, 2022

More than 80 participants comprising members and also representatives from the Ministry of Transport (MOT) and its agencies participated in the virtual briefing session organized by CICM and conducted by Mr Mark Homan and Mr Thomas Liebert from the International Oil Pollution Compensation Funds (IOPC). The aim was to provide better understanding to the chemical industry on the HNS Convention 2010 and industry’s reporting and contribution obligations if Malaysia signs on as a party to the Convention.

The HNS Convention, known as the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 – aims to provide compensation for loss or damage to persons, property and the environment arising from the carriage of hazardous and noxious substances by sea. The Convention establishes the principle that “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.

The scope of 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 degrees C; dangerous, hazardous and harmful materials and substances carried in packaged form or in containers; and solid bulk materials defined as possessing chemical hazards. This means chemicals which falls under the HNS scope are part of the Convention and incoming HNS into a country will be required to be reported to the local authorities and industry may have contribution obligations when the Convention comes into force.

Information about HNS could be referred from: https://www.hnsconvention.org/ while HNS Finder allows the search of all HNS defined by the 2010 HNS Convention including information on HNS classification criteria and verifies whether a substance qualifies as a contributing cargo: https://www.hnsconvention.org/hns-finder/