Draft Report of the HNS Correspondence Group and HNS Incident Scenarios Outline

François MarierDear Members of the HNS Correspondence Group,

Please find below two draft documents for submission to the upcoming meeting of the IMO Legal Committee in June.

1) A draft report of the HNS Correspondence Group
2) The revised outline of the HNS Incident Scenarios

Both documents are under six pages, therefore have a deadline of April 26th for submission to the IMO. You will note that the report of the CG refers to the separate HNS Incident Scenario document, a similar approach, which was used at the last Legal Committee meeting with regards the brochure, which needed more time to complete. The same is true of the HNS Incident Scenarios and the request is for the Legal Committee to agree with the general outline of the presentation, as revised through the feedback I have received this far on the draft sent to you at the beginning of March.

The report of the Correspondence Group also refers to another separate document with regards the draft resolution to be considered by the Legal Committee. This document will be sent to you very soon and given its nature, co-sponsorship for that document will be sought.

Should you have any comments on either document, please provide them to me no later than April 22nd.

Best regards,

Francois Marier
HNS Correspondence Group


HNS Incident Scenarios – A draft outline

François Marier


Dear Members of the Correspondence Group,

You will recall that as part of the Correspondence Group’s mandate is to develop HNS Incident Scenarios. The intent with these scenarios was to complement the HNS Brochure recently completed by the Correspondence Group in a PowerPoint presentation form.

A draft outline of the presentation is available to view here. It would include:

  • important information on the HNS Convention;
  • three hypothetical HNS incident scenarios; and,
  • comparison with LLMC 1996.

I would invite you to review the outline and provide any views by March 29 at the latest. The outline will allow the further development of a presentation that will be shared with the Correspondence Group and presented at the upcoming meeting of the Legal Committee in June.


François Marier

The HNS Convention: Why it is Needed Brochure


Dear Members of the Correspondence Group,

Please find below the link to the IMO news briefing on the official publication of the brochure “The HNS Convention: Why it is Needed” developed by the Correspondence Group. Thank you to all who so positively contributed to its development.HNSConvention_Cover

The publication is available in English, French and Spanish and I strongly encourage you to share this brochure with your colleagues and stakeholders as a good tool to promote the HNS Convention. It will also be made available on the websites of the HNS Convention, the IOPC Funds and ITOPF. Printed copies will be available at future meetings including the IOPC Funds meeting in April and the IMO Legal Committee meeting in June.


Best regards,

François Marier

Registration for Workshop on the HNS Convention hosted by Canada

FrancoisDear colleagues,

I am pleased to circulate the Administrative Bulletin, Invitation Letter and Registration Form for the Workshop on the HNS Convention.

Note that the deadline to register is March 1, 2016 to my colleague Catherine Rochette at catherine.rochette@tc.gc.ca

Further details on the program, including a list of panelists will be made available in due course.

Should you require any further information, please contact myself or my colleague Catherine.

Best regards,

François Marier

Workshop on the HNS Convention hosted by Canada

FM_smallDear members of the Correspondence Group,

It is my pleasure to inform you that the Government of Canada is hosting a two-day Workshop on the HNS Convention on March 17-18, 2016 in Montréal, Québec, Canada. This Workshop is an excellent opportunity to meet and discuss with both government and industry representatives involved in the implementation and promotion of the 2010 HNS Convention. A provisional programme for the Workshop is available here for your information.

Further details on the location of the Workshop, as well as an Administrative Bulletin with all the relevant logistical and registration information will be provided to you in early January. Space will be limited to the first 60 delegates who will register for the Workshop.

We hope to see you in Montréal and Happy New Year to all.

Best regards,

François Marier

Council of the European Union in agreement to authorise EU Member States to ratify or accede to the 2010 HNS Convention

TL_smallDear Members of the Correspondence Group,

I am pleased to inform you that on 10 December 2015, the Council of the European Union adopted two Council Decisions authorising EU Member States to ratify or accede to the 2010 HNS Convention, if possible within four years of entry into force of these Decisions. As parts of the Convention fall under the EU’s exclusive competence in the area of maritime transport, EU Member States needed to be authorised to be able to ratify or accede to it which is the purpose of the first Decision. In addition, the Convention contains provisions that affect EU secondary legislation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, issues which are covered by the second Council decision.

Based on a proposal from the European Commission in June this year, discussions had been taking place at Council-level on whether EU Member States should be instructed to take the necessary measures and within a certain time to ratify or accede to the 2010 HNS Convention. The Commission’s proposal was backed by the shipping industry, with the European Community Shipowners’ Associations (ECSA), the International Chamber of Shipping (ICS) and BIMCO jointly presenting a position paper stressing their support for the early entry into force of the 2010 Convention. As part of those discussions, the IOPC Funds’ Director and I, attended a meeting of the Council’s Shipping Working Party on 2 December 2015, providing presentations on both the legal framework of the Convention and the reporting obligations and practicalities which receivers of HNS will be subject to in the period leading to the Convention’s entry into force.

The two Decisions agreed by the Council (decisions 13806/15 and 14112/15) will now be sent to the European Parliament for its consent before publication, but even at this stage, the Council’s support for the Convention is clearly a positive step towards its entry into force.

Kind regards

Thomas Liebert

IOPC Funds

The HNS Convention Why it is Needed publication

François MarierDear Members of the Correspondence Group,

The latest draft of , which was formally known the Understanding the HNS Convention, is now available here. Please excuse the delay in getting an updated version to you.

You will note that it has changed somewhat from the original version that was provided on October 13th. Namely, the text has been amended in a number of areas and now provides a much clearer and comprehensive introduction of the issue that the HNS Convention is aimed at resolving.  Another change is removing the three examples of HNS incidents and inserting a graph and some text showing the compensation available under the Convention. This addresses a number of concerns with the use of specific HNS incidents and provides a more compelling argument.

A significant amount of work and consideration has gone into this draft publication and it is now up to the Correspondence Group to review it one last time before it can be finalized. I remind you that at LEG 102 in April 2015, it was agreed that this publication would be finalized by the Correspondence Group and thus the intent is to do so by the end of 2015.

This will thus allow the Correspondence Group to turn its attention to the remaining two specific items in its mandate:

  • HNS Incident Scenarios; and,
  • Legal Committee resolution on the implementation entry into force of the 2010 HNS Convention

I will therefore ask for any views and specific comments on the attached publication by December 29. These can be shared with the Group or sent directly to me.

Best regards,

François Marier

French and Spanish HNS website and editable reporting forms now available

Thomas Liebert

Dear Correspondence Group Members,

I am pleased to announce that the website on HNS matters, maintained by the IOPC Funds’ Secretariat, is now available in French and Spanish.  Please see www.hnsconvention.org.

I would also like to take this opportunity to point out that the Forms under the HNS Reporting section of the website had for some time not been made available in the correct editable format.  These have now been replaced, in the three languages, allowing users to complete their forms digitally.  Anyone who may have already downloaded the forms in its previous format, should now replace them.    

With very best regards

Thomas Liebert
IOPC Funds


Understanding the HNS Convention Publication


Dear Members of the Correspondence Group,

As per my last post on this item that is part of the Correspondence Group’s mandate, I have worked with the Secretariats of the IMO, IOPC Funds and ITOPF to develop a draft of the publication which can be found here. This was based on the Mock-Up that was last considered by the Correspondence Group during the summer months.

We went through several versions of this publication and looked at it not only from a visual standpoint in terms of the images, colours and layout but also in terms of the text and whether it matched the visual and if it needed revisions to strengthen it and deliver the right message. Needless to say, there have been some changes and that includes the title. We are now proposing a new title that is better reflective of the intent behind this publication. The new proposed title is: The HNS Convention Why it is Needed.

It is intended to be read as a fold out brochure starting with the title page and on the reverse are the first 3 pages with the 2 last pages on the same side as the title page. They are numbered.

Given that it has taken longer to develop this draft to be ready for the Correspondence Group’s consideration, it will not be published in time for next week’s IOPC Funds meeting. Rather, I would ask if you could provide me with your views and comments by November 2nd. We can then work on any revisions and consult the Group again if necessary with the aim of completing the publication by the end of November. Once completed, a number will be printed and it will be made available electronically on several websites.

Following this, there remains two items on the Group’s mandate and once we have completed the publication, the Group will soon be able to consider the HNS Incident Scenarios, which will be developed in a Powerpoint presentation format.

Lastly and unfortunately, I will not be at next week’s IOPC Funds meeting but you can provide any comments as well to Daniel Haché, Head of the Canadian delegation as well as to Jan De Boer of the IMO Secretariat and Thomas Liebert of the IOPC Funds Secretariat.

Best regards,

François Marier