The 2010 HNS Convention
IMPORTANT: In the framework of the 2010 HNS Convention, the Shipping Inspectorate* is inviting receivers of HNS goods to submit a reporting form with the quantities of received HNS for the calendar year 2024 by 15 March 2025. |
The HNS Convention and the HNS Fund
The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (the 2010 HNS Convention) is intended to ensure the protection of victims and the environment in the event of damage associated with the carriage of hazardous and noxious substances by sea.
For several years, DG Shipping of the FPS Mobility and Transport has been preparing the adoption of the 2010 HNS Convention. The FPS Mobility and Transport is in contact with the Netherlands and Germany to maintain a level playing field between our three countries.
The Convention can enter into force if at least 12 countries have ratified it. Currently, eight countries have approved the Convention: thus, it has not yet entered into force.
The 2010 HNS Convention establishes a HNS Fund to provide compensation in cases where the damage costs more than what the shipowner can pay through their mandatory insurance. This Fund is funded by recipients of HNS goods, based on a minimum number of tons received per year. The Fund is not yet in existence, because of the fact that the Convention hasn’t entered into force yet.
What are HNS goods?
HNS goods are hazardous and noxious substances transported by sea. These include, among others, LNG, LPG, ammonia, non-persistent mineral oils and non-persistent petroleum hydrocarbons, products classified according to the IMDG, IBC, etc… A complete list of the goods can be found at this link (https://www.hnsconvention.org/hns-finder/).
What do the new obligations under the 2010 HNS Convention mean for companies that physically receive HNS goods after being transported at sea ?
Companies that physically unload HNS goods from a seagoing vessel are referred to as "physical receivers" under the 2010 HNS Convention. Since 2022, physical receivers have the legal obligation to declare quantities of HNS goods above a certain threshold value to the Shipping Inspectorate* each year.
For some or all goods, the physical receiver acts as an agent for another company called the "Principal receiver" in accordance with the 2010 HNS Convention.
What do the new obligations under the 2010 HNS Convention mean for companies that receive HNS goods as end users ?
Principal receivers are the individuals or companies that use HNS goods in their commercial activities. Principal receivers are the final destination of the goods after sea transport. Only principal receivers located in a HNS State can be identified by physical receivers.
Principal receivers should fill in the ‘Principal’ form.
What is an HNS State ?
This is a country that has already ratified or will ratify the HNS Convention at the same time as Belgium : Netherlands, Germany, France, Canada, Denmark, South Africa, Turkey, Norway, Slovakia and Sweden.
What are the implications for recipients prior to the entry into force of the Convention ?
Until the entry into force of the Convention, no financial contribution to the HNS Fund is required.
How does a receiver declare the quantities of HNS received to the Shipping Inspectorate* ?
Receivers are required to declare the quantities of HNS received a given calendar year to the Shipping Inspectorate* by 15 March of the following year.
- Physical receivers should complete the ‘Physical’ form. If the physical receiver acts as an agent for a principal receiver, the physical receiver may disclose one or more principal receiver(s) to the government (with corresponding quantities for each principal receiver). This applies only in cases where the principal receiver is located in an HNS state (see above what a HNS State is).
- Principal receivers located in Belgium should complete the Principal form.
All Forms covering goods received in 2024 must be submitted to the Shipping Inspectorate* by March 15, 2025 via dgmar.reg@mobilit.fgov.be
Do you have questions ?
A list of frequently asked questions is attached below.
Contact & info : dgmar.reg@mobilit.fgov.be