With the filing with the International Maritime Organization by part of Belgium, Germany, the Netherlands and Sweden of the respective Ratifications of the International Convention on Liability and compensation for damage caused by the transport of goods by sea Harmful and Potentially Hazardous Substances (HNS), such as updated by the 2010 protocol, the entry into force is approaching of this Treaty, which aims to ensure adequate compensation, timely and effective for those affected by accidents involving hazardous and harmful substances transported from ships.

Harmful and hazardous substances covered by the Convention They include: Oils; other liquid substances defined as harmful or dangerous; liquefied gases; Liquid substances with flash point not exceeding 60°C; materials and substances that are dangerous, harmful, and transported in packages or containers; Solid materials loose materials defined as having chemical hazards. It is estimated that about 65,000 ships will require HNS or other insurance certificates financial guarantees.

With the ratification of these four nations, which took place on the sidelines of the of the 113th session of the IMO Legal Committee held from 13 to 17 April, the number of Contracting States of the Protocol to the HNS Convention, thus fulfilling the the criterion of the number of States for entry into force. The treaty, in fact, requires that at least 12 States express their consent to be bound to it, including four states with a fleet of a total gross tonnage of not less than two million tons each. Five of the eight countries (Canada, Denmark, Estonia, France, Norway, Slovakia, South Africa and Turkey) which had previously ratified the treaty had a tonnage above this threshold.

The Protocol also requires States to submit to the Secretary-General of the IMO, at the time of filing of the instrument of ratification and annually thereafter by 31 May (until the entry into force of the Protocol for that State), the data relating to the total quantities of HNS goods subject to contributions received in that State during the calendar year previous.

The 2010 HNS protocol will come into force 18 months after receipt of the Contracting Parties, during the previous calendar year, a total amount of at least 40 million tonnes of goods contributing to the account HNS general. The total quantity received in 2025 from Belgium, Germany, the Netherlands and Sweden amounts to almost 28 million tons of HNS goods. This means that the data relating to the goods HNS contributing to the agreement, received from the eight Member States contractors in 2025 who had received a total of more than 22 million tons of HNS cargo, will be evaluated after 31 May 2026, in order to confirm the date of entry into effective 18 months later, i.e. no earlier than 30 November 2027.

Once in force, the 2010 HNS Convention will provide a Liability and compensation regime for damage caused from ocean-borne HNS cargo, including oil and products and will cover not only pollution damage, but also the risks of fire and explosion, including loss of life or personal injury, as well as loss of or damage of goods.

The 2010 HNS Convention sets out the principle of "who polluter pays", ensuring that the transport sector and HNS commodity industries provide compensation to those who have suffered loss or damage resulting from an accident HNS. The agreement provides for the creation of an HNS Fund to provide Compensation once liability has been exhausted of the owner, generally considered insufficient to cover the damages caused by the transportation of this kind of goods, and will be financed by the Contracting States which receive a given minimum quantity of HNS goods during a calendar year. The Fund HNS, which will be administered and managed by the States, will intervene if there is no liability for damage to shipowner's load, or if the shipowner was not financially able to fully meet the obligations provided for by the Convention and any financial guarantee provided was not sufficient to cover or satisfy claims for damages, or if the damage exceeds the limits of the owner's liability established by the convention.

The total compensation available under the Convention HNS will be limited to 250 million Special Rights of International Monetary Fund levy (approximately 360 million US dollars at the current exchange rate) per event.