Issues related to ships in ports:

• In the last quarter of a century, shipping’s environmental credentials have come under sharper scrutiny than
ever before, and this is something that is set to continue and increase

• A thorough examination of the statistics reveals that shipping is the least environmentally-damaging form of
commercial transport and, set against land-based industry, is a comparatively minor contributor, overall, to
marine pollution from human activities.

• The shipping industry is a small contributor to the total volume of atmospheric emissions, compared to road
vehicles, aviation and public utilities such as power stations, and atmospheric pollution from new marine diesel
engines has been reduced in the last decade

• Scientific evidence that the environment is increasingly damaged by greenhouse gas emissions is causing
growing concern globally and the conclusion of recent research, that a significant share of ship emissions,
occurring along coastlines, travels inland over much longer distances than previously realized, is serving to
galvanize the maritime community into prompt action.

MARPOL 6 ANNEXES (73 &78):

• TORREY CANYON (INTERNATIONAL CONVENTION INTERVENTION IN HIGH SEAS IN CASE OF OIL SPILL CASUALATIES
1969) & THE RESPONSIBILTY OF COASTAL STATES
• OIL POLLUTION PREPAREDNESS, RESPONSE AND CO-OPERATION – OPRC
• OPRC-HNS PROTOCOL
• BALLAST WATER MANAGEMENT
• CONTROL OF HARMFUL ANTI-FOULING SYSTEMS
• DUMPING WASTE MATERIAL AT SEA
• SHIP RECYCLING
• THE REMOVAL OF HAZARDOUS SHIPWRECKS
• LIABILITY AND COMPENSATION
• GEOGRAPHICAL AREAS NEEDING SPECIAL ATTENTION
Special areas under MARPOL Annex 1:
• 1. The Mediterranean Sea.
2. Baltic Sea.
3. The Black Sea.
4. The Red Sea.
5. “Gulfs” area.
6. The Gulf of Aden.
7. Antarctic sea.
8. North West European waters.
9. Oman area of the Arabian Sea.
10. Southern South African water

1
FROM RESPONSE TO COMPENSATION
International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC)
International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and
Noxious Substances by Sea(HNS)
FROM THE OPRC-HNS PROTOCOL TO THE HNS
Aim of the HNS Convention
To ensure adequate, prompt and effective compensation for:
● damage to persons and property costs of clean-up and reinstatement measures transport of hazardous and noxious
substances (HNS)
Scope of application
Convention applies to:
any damage in the territorial waters of a State Party
or its equivalent area
HNS carried on board ship registered in, or entitled to fly, the flag of a State Party outside the territorial waters of any
State
EXCLUSIONS FROM THE APPLICATION OF THIS CONVENTION
AT THE TIME OF ACCEPTANCE, or any time thereafter, a State Party may declare that this Convention does not apply to
ships:
a) which do not exceed 200 GRT; and
b) which carry hazardous and noxious substances only in packaged form; and
c) which are engaged on domestic trade (on voyages between ports or facilities of the same State Party)
What HNS are covered?
The definition of HNS is based on lists of individual substances that have previously been identified in a number of IMO
Conventions and Codes e.g. IBC Code, IGC Code and the IMDG Code
Goods oils and liquefied gases such as LPG and
LNG. hazard e.g coal and iron
What HNS are not covered?
The HNS Convention does not cover: - pollution caused by persistent oil however
and explosion is covered - coal and other low-hazard solid bulk cargoes - damage caused by radioactive material
What type of damage will be covered?
The following type of damage is covered:
- Loss of life or personal injury on board or outside
the ship carrying the HNS e.g.
terminals, port jetties and related infrastructures) Economic losses resulting from contamination of the environment e.g.
fisheries, mari culture and tourism sectors operations at sea and onshore the environment

Preventive Measures:
Measures to prevent or minimize damage
Measures:
- To respond at sea to clean coastlines and coastal installations
-Loss or damage caused by such measures

2
Who will pay compensation?
• First tier - individual ship-owner and his insurer, via compulsory insurance, all receivers of HNS after sea
transport in States Party to the Convention
Compensation limits
Ship-owner
● ships up to 2000 GT-10 million
SDR (US$15 million), rising to
SDR (US$150 million)
HNS Fund
● maximum of 250 million SDR
(US $370 million) (including
amount paid by
ship-owner/insurer)
The HNS Fund:
The HNS Fund will be set up when the HNS convention enters into force
Members of the HNS fund
HNS Fund will have a Committee for claims compensation
Headed by a director,
IOPC Funds, it is likely that these funds will have a join Secretariat

Conditions for entry into force

18 months after ratification by at least 12 states, subject to:
- 4 States each having ships with a total tonnage of at least 2 million GT
- Contributors in the States that have ratified the convention must between them have received, million tons of
contributing cargo to the general account
REPORTING REQUIREMENTS
Before the HNS Convention enters into force, States are obliged when they ratify the Convention to report the and
sector which were received in that State in the preceding year into force of the HNS Convention. assist States and
potential contributors to fulfil their reporting requirements (HNS Convention Contributing the website www.hnscccc.org
Potential Benefits States who become Party will derive benefits:
- Application of strict liability regime - Application of direct action - Establishment of the HNS Fund