Question

The HNS Convention is expected shortly to come into force. Explain the following in respect of this convention.

(a) List and give examples of substances covered under this convention

(b) Types of pollution and subsequent losses or damages which can come under this convention

(c) Why would an oil products tanker probably require to have certificates under all 3 conventions i.e., CLC, Bunker and HNS. (20)

Answer 1

Part (a)

The Hazardous and Noxious Substances (HNS) Convention covers a wide range of materials that can pose significant risks when carried at sea. These substances include:

Oils: As defined under the International Convention for the Prevention of Pollution from Ships (MARPOL), particularly in Annex I.
Noxious Liquid Substances (NLS): As per Annex II of MARPOL.
Dangerous Liquid Substances: These are listed in the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk.
Dangerous Goods in Packaged Form: As per the International Maritime Dangerous Goods (IMDG) Code.
Liquefied Gases: As defined in the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk.
Solid Bulk Cargoes: These materials possess chemical hazards and are covered by the International Maritime Solid Bulk Cargoes (IMSBC) Code.
Other Hazardous Substances: Liquid substances with a flashpoint of 60°C or lower.

Part (b)

The HNS Convention aims to address both environmental and economic damage resulting from the transportation of hazardous substances. Types of pollution and damages covered include:

Pollution Damage: This includes marine pollution caused by the release of hazardous substances into the sea.
Loss of Life or Injury: Includes casualties resulting from the handling, transport, or discharge of hazardous substances.
Property Damage: This includes both ship-based and shore-based damage resulting from hazardous materials.
Economic Losses: Economic impacts like losses in the fishing industry, tourism, and mariculture due to contamination.
Costs of Preventive Measures: This includes clean-up operations at sea and onshore, which might be required to mitigate damage.
Environmental Reinstatement: Costs incurred in restoring the affected environment to its previous state.

Part (c)

An oil products tanker would likely require certificates under all three conventions (CLC, Bunker, and HNS) because:

CLC (Civil Liability Convention): Covers the liability for pollution damage resulting from the carriage of persistent oil. This is essential for tankers carrying oil products.
Bunker Convention: Applies to pollution caused by the escape or discharge of bunker oil, which may occur during regular operations or as a result of an accident.
HNS Convention: Deals with pollution and damage caused by hazardous and noxious substances. Although the CLC covers persistent oils, the HNS Convention addresses other types of pollution that may arise from substances like chemicals or gases carried by the tanker.

Since oil tankers could be carrying a variety of cargoes (such as oils, chemicals, and noxious substances), having certificates for all three ensures comprehensive coverage for potential liabilities arising from all types of cargo.

✓ Verified Model Answer (Text Solution)

The Hazardous and Noxious Substances (HNS) Convention covers a wide range of materials that can pose significant risks when carried at sea. These substances include:

The HNS Convention aims to address both environmental and economic damage resulting from the transportation of hazardous substances. Types of pollution and damages covered include:

An oil products tanker would likely require certificates under all three conventions (CLC, Bunker, and HNS) because: