International Association of Independent Tanker Owners
- FOR SAFE TRANSPORT, CLEANER SEAS AND FREE COMPETITION
-
The OPRC-HNS Protocol
An Overview (29th June 2006)
Protocol on Preparedness, Response and Co-operation to Pollution Incidents by
Hazardous and Noxious Substances, 2000
Contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Introduction
Adoption
Entry into Force
Status
The Protocol on Preparedness, Response and Co-operation to pollution Incidents
by Hazardous and Noxious Substances, 2000 (HNS Protocol).
HNS – Definition
OPRC-HNS Protocol 200 – details
What is Required from the Ship Owner
General Guidelines Regarding an HNS Incident
Emergency Response Plan Guidance
Contracting States
Other sources of Relevant Information
HS/06-2006. INTERTANKO London
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1. Introduction
The International Maritime Organization has
adopted a protocol aimed at providing a global
framework for international co-operation in
combating major incidents or threats of marine
pollution from ships carrying Hazardous and
Noxious Substances, such as chemicals.
The Protocol on Preparedness, Response and
Co-operation to Pollution Incidents by
Hazardous and Noxious Substances, 2000
(HNS Protocol) was adopted following a
Diplomatic Conference held from 9 to 15
March 2000 at the London headquarters of the
IMO, which is the United Nations specialised
agency with responsibility for safety of
shipping and the prevention of marine
pollution by ships. The Conference was held
alongside the 44th session of IMO's Marine
Environment Protection Committee (MEPC),
which met 6 to 13 March 2000.
.
2. Adoption:
15 March 2000
3. Entry into force:
The protocol enters into force twelve months after ratification by not less than fifteen States, which
are State Parties to the OPRC Convention.
4. Status:
The fifteenth ratification was filed with IMO on 14 June 2006. The Protocol will therefore enter into
force on 14 June 2007.
5. The Protocol on Preparedness, Response and Co-operation to Pollution Incidents by
Hazardous and Noxious Substances, 2000 (HNS Protocol).
This follows the principles of the International Convention on Oil Pollution Preparedness, Response
and Co-operation, 1990 (OPRC) and was formally adopted by States already Party to the OPRC
Convention at a Diplomatic Conference held at IMO headquarters in London in March 2000.
The term “HNS” is also mentioned in another convention, known confusingly as the HNS 1996
Convention, which as the date suggests was adopted earlier than the OPRC 2000 Protocol.
The International Convention on Liability and Compensation for Damage in Connection with the
Carriage of Hazardous and Noxious Substances (HNS) by sea, known as the HNS 1996 Convention,
provides for a compensation and liability regime for incidents involving HNS. The simple difference is
that the HNS Convention deals with compensation from HNS, whilst the HNS Protocol deals with
preparedness and response measures for dealing with HNS spills.
The HNS Protocol aims to provide a global framework for international co-operation in combating
major incidents or threats of marine pollution. Parties to the HNS Protocol will be required to establish
measures for dealing with pollution incidents, either nationally or in co-operation with other countries.
Ships will be required to carry a shipboard pollution emergency plan to deal specifically with incidents
involving HNS.
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6. HNS – definition
For the purposes of the HNS Protocol, a Hazardous and Noxious Substance is defined as any
substance other than oil which, if introduced into the marine environment is likely to create hazards to
human health, to harm living resources and marine life, to damage amenities or to interfere with other
legitimate uses of the sea.
The HNS Protocol ensures that ships carrying hazardous and noxious liquid substances are covered
by preparedness and response regimes similar to those already in existence for oil incidents. For the
purposes of the OPRC-HNS Protocol, HNS means any substance other than oil which, if introduced
into the marine environment, is likely to create hazards to human health, to harm living resources and
marine life, to damage amenities, or to interfere with legitimate uses of the sea. Such a definition will
include:



Noxious liquid substances described in Annex II of MARPOL 73/78 and the International
Bulk Chemical Code (IBC Code).
Dangerous goods described in the IMO Dangerous Goods Code (IMDG Code).
Solid cargoes covered by the Code of Safe Practice for Solid Bulk Cargoes (BC Code)
7. OPRC-HNS Protocol 2000 - details
- Article 3 of the HNS Protocol deals with Emergency plans and reporting
1. Each Party shall require that ships entitled to fly its flag have on board a “Pollution Incident
Emergency Plan” and shall require masters or other persons having charge of such ships to follow
reporting procedures to the extent required. Both planning requirements and reporting procedures
shall be in accordance with applicable provisions of the conventions, developed within the
organisation, which have entered into force for that party.
2. Each Party shall require that authorities or operators in charge of seaports and facilities handling
hazardous and noxious substances under its jurisdiction as it deems appropriate, shall have
pollution incident emergency plans or similar arrangements for hazardous and noxious substances
that it deems appropriate, which are co-ordinated with the national system established in
accordance with article 4, and approved in accordance with procedures established by the
competent national authority.
- Article 4: National and Regional Systems for Preparedness and Response
Each Party shall establish a national system for responding promptly and effectively to pollution
incidents. This system shall include as a minimum:
a. the designation of:
i) the competent national authority or authorities with responsibility for preparedness for and
response to pollution incidents;
ii) the national operational contact point or points;
iii) an authority which is entitled to act on behalf of the State to request assistance or to decide to
render the assistance requested.
b. a national contingency plan for preparedness and response which includes the organisational
relationship of the various bodies involved, whether public or private, taking into account guidelines
developed by the Organisation.
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2. In addition, each Party within its capabilities either individually or through bilateral or multilateral cooperation and, as appropriate, in co-operation with the shipping industries and industries dealing
with hazardous and noxious substances, port authorities and other relevant entities, shall establish:
a minimum level of pre-positioned equipment for responding to pollution incidents commensurate
with the risk involved, and programmes for its use; a programme of exercises for pollution incident
response organisations and training of relevant personnel; detailed plans and communication
capabilities for responding to a pollution incident - such capabilities should be continuously
available; a mechanism or arrangement to co-ordinate the response to a pollution incident with, if
appropriate, the capability to mobilise the necessary resources,
8. What is needed from the ship owner?
In essence it is necessary, as mentioned in article 3 of the OPRC-HNS Protocol, for the ship to have
onboard a “Pollution Incident Emergency Plan” and necessary reporting procedures.
In this regard as far as INTERTANKO Members are concerned (who own either Chemical Tankers,
Chemical/Oil Tankers or Oil Tankers with NLS certification) we bring members’ attention to
Regulation 16 of Annex II of MARPOL 73/78 Consolidated edition 2002 which states that every ship
of 150 GT and above that is certified to carry Noxious Liquid Substances (NLS) in bulk, shall carry on
board a "Shipboard Marine Pollution plan for Noxious Liquid Substances" approved by the
Administration. This will applied to all such ships from the 1st January 2003.
(Regulation 26 of Annex 1 of MARPOL 73/78 requires that every Oil Tanker 150GT and above to
carry a Shipboard Oil Pollution Emergency Plan (SOPEP) approved by the administration).
However, in the case of such ships which are certified for oil and NLS then such plans
(SOPEP/SMPEP) may be combined, since most of the contents are the same and one combined
plan onboard is more practical than two separate documents.
In the case of a combined plan the title of such a plan shall have the title "Shipboard Marine Pollution
Emergency Plan" (SMPEP). The IMO has published a document called "Guidelines for the
Development of Shipboard Marine Pollution Emergency Plans 2001 edition. This booklet is available
from the IMO or from nautical bookshops. www.imo.org
Also as we believe members are also aware that The International Chamber of Shipping (ICS) has
also produced a template for producing SMPEPS’s and SOPEP’s which can be downloaded from
their web site at www.marisec.org
In conclusion therefore, if your ship already has onboard an SMPEP currently approved by the
administration that is a party to the OPRC-HNS Protocol, then the SMPEP should be acceptable
under the OPRC-HNS Protocol and meet the needs of a “Pollution Incident Emergency Plan” under
this protocol. However, we recommend that you seek written confirmation from your administration
that your SMPEP is accepted by the Administration prior to the entry into force of the OPRC-HNS
Protocol.
Members are also advised that if the administration of the ship is not a party to the OPRC-HNS
Protocol, it will still be required to have onboard a “Pollution Incident Emergency Plan” if the vessel
visits a state which is a party to the OPRC-HNS Protocol. None the less for those ships that are
required to comply with Regulation 16 of Annex II of MARPOL 73/78 an SMPEP is still required,
which should still satisfy the requirements of the OPRC-HNS Protocol, but confirmation should be
sought from the vessels administration accordingly.
We have included in section 9 of this document a list of the status of the contracting states with
regards to the OPRC-HNS Protocol, (courtesy of the IMO dated 29th June 2006).
HS/06-2006. INTERTANKO London
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9. General guidelines regarding an HNS Incident
We offer the following broad general guidelines for the type of information required which could be
necessary to have available in the event of an HNS incident. This need not be limited to the following;
•
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A strong communication link between owner and responders will be necessary
Information on the substance in question is critical
Name and identification number of the product UN Number Identification markings and/or
type of packaging etc
Emergency contact numbers
Quantity on board or spilled
Marine Safety Data Sheet (MSDS),
Bill of lading.
Stowage plans
Name and contact details of the ship’s agent or shipper or manufacturer
Container/package type, size and quantity, condition
Details of the local environmental conditions (weather, temperature, sea conditions, wind
speed and direction)
Length, breadth and appearance of any slicks or plumes, including direction of movement
and behaviour (i.e. floating, sinking, colour, odour).
Any injuries or adverse effects to human health or the environment?
Proximity to sensitive resources and residential areas
Notification of emergency services, local / national authorities
Must be ready to transfer relevant information in the initial moments of an incident
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10. Emergency Response Plan Guidance
Accident
Alert
Substances
Hazard
Behaviour
Assessment
Sensitive
Resources
Health & Safety
Strategies
Plan
Evaluate
Execute
HS/06-2006. INTERTANKO London
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11. Contracting States
PROTOCOL ON PREPAREDNESS, RESPONSE AND CO-OPERATION
TO POLLUTION INCIDENTS BY HAZARDOUS AND NOXIOUS
SUBSTANCES, 2000
Done at London, 15 March 2000
Entry into force: 14 June 2007
Signatories
Brazil
Denmark
Finland
France
Germany
Greece
Netherlands
subject to ratification
subject to ratification and with reservation for
application to the Faroe Islands and Greenland
subject to acceptance
Sous
réserve
de
l’accomplissement
des
procedures constitutionelles internes
subject to ratification
subject to ratification
subject to acceptance
Contracting Governments
Correct at 29th June 2006.
Date of signature
or deposit of
instrument
Australia (accession)
Ecuador (accession)
Egypt (accession)
Greece (ratification)
Malta (accession)
Netherlands (accession)
Poland (accession)
Portugal (accession)
Singapore (accession)
Slovenia (accession)
Spain (accession)
Syria (accession)
Sweden (accession)
Uruguay (accession)
Vanuatu (accession)
Date of entry
into force or
succession
16 March 2005
29 January 2002
26 May 2004
28 May 2003
21 January 2003
22 October 2002
12 June 2003
14 June 2006
16 October 2003
5 April 2006
27 January 2005
10 February 2005
8 January 2003
31 July 2003
15 March 2004
Number of Contracting States: 15
HS/06-2006. INTERTANKO London
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12. Other sources of relevant information
National Emergency Chemical Centre http://www.the-ncec.com
ITOPF http://www.itopf.com
IPEICA http://www.ipieca.org
WLO http://lightering.org/index.php
Marine Response Alliance http://www.marineresponsealliance.com/Home.asp
CHRIS - The Chemical Hazards Response Information System http://www.chrismanual.com
International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in
Bulk (IBC Code)
The Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP)
http://gesamp.imo.org
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