1. LAW AND THE ENVIRONMENT 2016 THURSDAY 21 APRIL 2016 THE HNS CONVENTION AND THE NEW EU DRIVE TOWARDS IMPLEMENTATION HELEN NOBLE

2. HNS means HAZARDOUS AND NOXIOUS SUBSTANCES

3. THE HNS CONVENTION A compensatory regime for effective and adequate compensation for damage arising from transport of “Hazardous and Noxious Substances” – HNS First adopted May 1996 2010 Protocol

4. WHY? The chemical tanker IevoliSun, with styrene and other hazardous and noxious substances on board, sinks off the coast of France in 2000 MSC Carla broke in two in violent storm in 1997 off the Azores, Portugal – carrying containers with marine pollutants and 3 biological irradiators with radioactive sources Ever Decent – 1999 collided with ocean liner. Fire on board containers of hazardous material included cyanide, organic lead and pesticides Napoli – 2007 entrance to English channel suffered leak and failure steering system – carrying some 1700 t of hazardous material

5. NUMBER OF INCIDENTS

6. THE MISSING LINK:

7. NUMBER OF SHIPS CARRYING HNS TYPE OF SHIP20002015 Container Ships carrying packaged HNS 26005000 LNG Tankers250420 Chemical Tankers31004070 LPG Tankers90001250 Source: Clarksons

8. TOP HNS SHIPPED BY SEA? Sulphuric acid Hydrochloric acid Sodium hydroxide/caustic soda Phosphoric acid Nitric acid LPG/LNG Ammonia Benzene Xylene Phenol 2000 Types of HNS are transported by Sea 200 Million tonnes of chemicals are traded annually by tankers

9. POTENTIAL CONSEQUENCES OF HNS INCIDENTS  Short term and long term heath risks to human health and safety;  Economic losses for example impact on fisheries;  Death and personal injury;  Impact on tourism;  A need to evacuate local populations; and  Interruption to navigation of port traffic

10. COMPENSATION UNDER CONVENTION Tier 1 – Shipowner Strict Liability and Compulsory Insurance Tier 2 – HNS Fund Total Compensation 250 million SDR

11. WHO PAYS?

12. WHAT DAMAGE IS COVERED Loss of life or personal injury on board or outside the ship carrying the HNS; Loss of or damage to property outside the ship; Economic losses resulting from contamination, e.g. in fishing, mariculture and tourism sectors; Costs of preventive measures such as clean up operations at sea and on shore; and Costs of reasonable measures of reinstatement of the environment. Does not cover:Oil Pollution Damage from Ships Loss covered by Bunkers Convention Damage caused by Radioactive materials

13. IMPLEMENTATION 8 Signatories to the 2010 Protocol only:  Denmark  Canada  France  Germany  Greece  The Netherlands  Norway  Turkey

14. EUROPEAN UNION Two recent council decisions have been put to the European parliament for consent before publication: 13806/15 and 14112/15 Member States should be authorised to ratify or accede to, as appropriate, the Protocol of 2010 for the parts thereof falling under exclusive Union competence, with the exception of the aspects related to judicial cooperation in civil matters. The provisions of the 2010 HNS Convention falling within the competence conferred upon the Union in respect of judicial cooperation in civil matters are to be the subject of a Decision adopted in parallel to this Decision.

15. PLUS Proposal from the European Commission June 2015 Discussions had been taking place at Council level on whether EU Member States should be instructed to take the necessary measures and within a certain time to ratify or accede to the 2010 HNS Convention. The Commission's proposal backed by the shipping industry, with the European Community Shipowners' Associations (ECSA), the International Chamber of Shipping (ICS) and BIMCO jointly presenting a position paper stressing their support for the early entry into force of the 2010 Convention. subject to in the period leading to the Convention's entry into force.

16. IRELAND The Sea Pollution (Hazardous Substances) (Compensation) Act 2005 - effect to the 1996 HNS Convention The Commencement order for the Act - S.I. No. 586 of 2007 The 2010 Protocol has not been ratified

17. REMINDER

18. THANK YOU Helen Noble 0871336712