16 th International Conference on Environmental Science and Technology Rhodes, Greece, 4 to 7 September 2019 CEST2019_00934 Chemical tanker accidents and the 2010 HNS convention Boviatsis M. 1,* , Alexopoulos A.B. 2 , Vlachos G.P. 3 , Samiotis G. 4 1 PhD Candidate, University of Piraeus, Department of Maritime Studies. 2 Dr., Directorate of Environment, Municipality of Palaio Faliro, Artemidos & Laki Santa 17561 3 Professor, University of Piraeus, Department of Maritime Studies. 4 Associate Professor, University of Piraeus, Department of Maritime Studies. *corresponding author: Boviatsis Michael: e-mail: mboviatsis@gmail.com Abstract The 2010 HNS Convention covers any damage caused by the carriage by sea of hazardous and noxious substances in the territory or territorial sea of a State Party to the Convention. The costs of preventive actions, i.e. measures to avoid or minimize damage, are also covered wherever taken. The HNSC includes preventive measures as any reasonable measures taken by any person after an incident has occurred to prevent or minimize damage, i.e.actions such as clean-up or removal of HNS from a wreck if the HNS present a hazard or pollution risk. It seems that after the CLC (1992), much environmental legislation has lost the concept of pro-activeness/prevention of an environmental hazard and are more focused on compensation and reactiveness. This approach is not consistent with the purpose of environmental legislation and the examination of the basic principles of HNSC in parallel with distinctive environmental hazards, proves this theory of reactive strategy. Keywords: HNS, CLC, Chemical Tankers, IMO. 1. Introduction The 2010 HNS Convention established a regime which is primarily modelled on the preexisting legislation for oil pollution from tankers based on the International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC) which includes pollution damage caused by spills of persistent oil from tankers. The HNS regime is governed by the 2010 HNS Convention, the purpose of which is to provide sufficient, prompt and adequate compensation for loss or damage to personnel, property and the environment arising from the carriage of HNS by sea. The Convention includes both pollution damage and damage caused by other risks, e.g. fire and explosion (Radović et al., 2012). Under the 2010 HNS Convention, the shipowner is liable for the loss or damage up to a certain amount, which is covered by insurance (1st tier). A compensation fund (the HNS Fund) will provide additional compensation when the victims do not obtain full compensation from the shipowner or its insurer (2nd tier). The HNS Fund will be funded by those companies and other entities which receive HNS after sea transport in a member state over the thresholds laid down in the Convention (Cunha, 2015). 2. Main Provisions of HNS Convention 2.1 Tier 1 – Liability of the shipowner Tier 1 of the Convention imposes: (a) Strict liability for the shipowner. The registered owner of the ship in question is strictly liable to pay compensation following an incident involving HNS. This means that he is liable, even in the absence of fault on his part. (b) Limitation of liability: The shipowner usually is entitled to limit his liability under the 2010 HNS Convention in respect of any one incident to an aggregate amount calculated on the basis of the units of gross tonnage (G.T.) of the ship as follows: The shipowner will be denied the right to limitation of liability if it is proved that the damage resulted from his act or omission committed either, with intent to cause damage, or recklessly and with knowledge that damage would probably result. (c) Channelling of liability. As set out above, the registered shipowner is liable for pollution damage under the 2010 HNS Convention. Unless the damage resulted from his act or omission committed with intent to cause such damage, or recklessly and with sufficient knowledge that such damage would probably result. (d) Compulsory insurance: The owner of a ship that carries HNS is required to provide insurance policy to his vessel, or maintain other sufficient financial security to cover his liability under the 2010 HNS Convention. 2.2 Tier 2 – HNS Fund The HNS Fund will pay compensation when the total admissible claims exceed the shipowner’s liability, i.e. the Fund pays “top up” compensation when the shipowner, or his insurer, cannot meet in full the loss or damage arising from an incident. The HNS Fund also pays compensation in the following cases: a) the shipowner is exonerated from liability or b) the shipowner is liable for the damage caused, but he is financially incapable of meeting his obligations.