Diplomatic Conference
Hazardous and Noxious Substances
Thursday, March 9, 2000
(London)

Chris Swanson
Editor, CQD Journal for the
Maritime Environment Industry

Diplomatic Conference:
Hazardous and Noxious Substances

London, March 9, 2000:  The "Erika," the "Exxon Valdez," the "Amoco Cadiz."  Most lay people can tell you these are the names of ships associated with major oil spill emergencies.  Somewhat more knowledgeable shippers will know either OPA '90 or the OPRC Convention as the response regimes set up for oil spills in the Ocean.  However, it takes a really educated Mariner to recognize the spill program's less glamorous sister, the HNS Protocol.


Spills of oil get a predominance of press but experts at the International Maritime Organization (IMO) realize the dangers from other cargoes carried on our oceans can be far worse.  This week, delegates of IMO have gathered to finalize a program called International Co-operation on Preparedness and Response to Pollution Incidents by Hazardous and Noxious Substances.  This is quite a mouthful, so for now it is called the HNS Protocol.

Hazardous and noxious substances (HNS) cover about 2300 sea-going products with potential chemical and toxicological properties according to William O'Neil Secretary General at IMO.  At today's opening session O'Neil pointed out that since 1990, IMO has resolved to set up parameters to deal with HNS spills.  The HNS Protocol has emerged using very similar regimes to its' older sister program – the Oil Pollution Preparedness, Response and Co-operation Convention or the OPRC Convention.

O'Neil tell us the HNS Protocol intends to establish a global system for combating marine emergencies of hazardous and noxious substances.  The goal is to foster regional and international co-operation to prepare and respond to such dangers.  The wide variety of HNS cargoes makes this a most daunting task indeed.

Delegates this week must finalize the legal terms of the HNS Protocol in a Diplomatic Conference.  Compared to other topics at IMO, the HNS Protocol is not particularly controversial.  Thanks to previous agreements hammered out in the OPRC Convention and the working group, there are not many key outstanding issues.

The United States stands out as one of the few member nations with problems in the HNS Protocol's terms.  The U.S. delegation does not agree with the Protocol's definition of hazardous or noxious substances.  They are concerned the definition is too broad and could conflict with domestic U.S. legislation such as RCRA.  The U.S. delegation also disagrees with other items in the HNS Protocol, in particular certain provisions deciding how much equipment member nations should position at local response centers.

Disagreements aside, O'Neil noted a major challenge faced by the marine pollution community is to enhance national and regional response capacities.  This task will require technical expertise found in the industry sector.  To be successful at this goal, "we must establish close co-operation between all of the parties – industry, governments and IMO," he said.

 

Link to Week One Debates and Discussions at MEPC
Link to MEPC Summary (updated March 17)
Link to HNS Protocol Summary

 

Legal Disclaimers and Policy Statements

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