Month: January 2015

Canadian Legislation and revised draft report

François MarierDear Members of the Correspondence Group,

Thank you to Jan Gabrielson for sharing the Danish legislation via this Blog, which is very helpful.  I would also like to provide a link to the Canadian legislation. The amendments are part of a larger Act named the Marine Liability Act, a copy of which has also been added under the documents section of the blog.  In respect of the amendments, it should be noted that some are in force and others are not pending ratification:

 

In English: http://laws-lois.justice.gc.ca/eng/acts/M-0.7/index.html

In French: http://laws-lois.justice.gc.ca/fra/lois/M-0.7/index.html

I have also drafted the following paragraph which has been added to the draft Correspondence Group’s report in order to inform the Legal Committee of the availability of national legislation:

National Legislation and Status of 2010 HNS Convention Chart

 7              One of the main purposes of the Correspondence Group is to provide states and others the ability to easily share and disseminate information, such as examples of national legislation implementing the 2010 HNS Convention. This is particularly useful for the provisions dealing with the HNS contributing cargo reporting requirements. To date, Canada and Denmark have made their national legislation available on the HNS Blog under the “Documents” tab of the Blog: https://hnsprotocol.wordpress.com/key-documents/. Other states are encouraged to also share their legislation, regulations or relevant orders.

Regards,

François Marier

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Danish legislation implementing the 2010 HNS Convention

Denmark, Chief Counsellor

Demark

Dear Members of the HNS Correspondence Group,

Some time ago I promised to inform HNS correspondence group on the details of the Danish legislation implementing the 2010 HNS Convention.

The Danish legislation consists of two parts, both of which are below:

 

 

1) An amendment to the Danish Merchant Shipping Act that contains the general/overall provisions of the 2010 HNS Convention and empowers the Minister for Business and Growth to lay down more detailed regulations on among others the reporting and contribution obligation by issuing administrative orders. The Danish Minister for Business and Growth can determine the date of the entry into force of the Sections implementing the 2010 HNS Convention. Sections 212 and 223 of the Act has entered into force with effect from 1 January 2015.

2) An Order on the reporting obligation of recipients of HNS substances carried in bulk by ships. The reporting obligation applies to substances that have been received in the calendar year 2014 and thereafter.

When the 2010 HNS Convention enters info force we will of course need to issue a detailed order on the contribution obligation.

I hope that this information will be useful and perhaps give some inspiration as you prepare your national legislation.

Yours sincerely,

Jan Gabrielsen

Chief Counsellor

Danish Maritime Authority

Draft report to the next session of the IMO Legal Committee

FM_smallDear Members of the Correspondence Group,

A draft report to the next session of the IMO Legal Committee can be found here for your consideration. This report provides an overview of the Group’s work over the past year and indicates what next steps are needed for the Legal Committee to consider. Finally, it recommends that the Legal Committee extend the mandate of the Correspondence Group for another year (until its next session in 2016).

Given the length of the report, it must be submitted to the IMO Secretariat by the deadline of 9 February. Therefore, I would ask you to please send me any comments on the report by 3 February at the very latest in order for me to meet this deadline.

You will note in the report that there is a reference to a second paper, this one to deal specifically with the idea of the “HNS Made Easy” publication that has been discussed within the Correspondence Group. The reason for the separate paper as the outline of the “HNS Made Easy” is still under development with the assistance of the IMO and IOPC Funds Secretariats as well as ITOPF. The paper will be developed in the near future and put to the Correspondence Group for its further consideration. Since it will be less than the 6 page IMO limit, the deadline for its submission is 2 March.

Thank you in advance for your consideration and comments.

Best regards,

François Marier