The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (2010 HNS Convention) will enter into force on 29 November 2027, marking a milestone in the global regime for liability and compensation in maritime transport, as increasing quantities of chemicals and alternative fuels are being carried by sea.
The conditions for the treaty’s entry into force were met on 29 May 2026, paving the way for the 2010 HNS Convention (the 1996 Convention as amended by the 2010 Protocol) to enter into force 18 months later.
“The fulfilment of the conditions for the entry into force of the SNP Protocol is a long-awaited milestone that fills a significant gap in the international regime for liability and compensation in maritime transport,” said IMO Secretary-General Arsenio Domínguez.
“This treaty will ensure that those affected by incidents involving dangerous cargoes on board ships have access to fair and timely compensation, whilst providing legal certainty for the industry and governments.”
The conditions for entry into force have been met
Pursuant to Article 21(1), the 2010 SNP Protocol shall enter into force 18 months after the following requirements have been met
There are currently 12 Contracting States to the 2010 SNP Protocol, following the ratifications by Germany, Belgium, the Kingdom of the Netherlands and Sweden in April 2026. Nine of these States have more than 2 million gross registered tonnes.
The reports on tonnage subject to contribution submitted by the contracting States in accordance with Article 20 of the Protocol confirm that the required aggregate amount of tonnage subject to contribution – more than 40 million tonnes – was reached for the 2025 reporting year.
What the Convention covers
The 2010 SNP Convention supplements the existing IMO liability and compensation regimes for oil pollution and dangerous shipwrecks, extending similar protection to damage caused by other noxious and potentially hazardous substances.
The Convention covers loss of life, personal injury, property damage, economic loss, clean-up costs and environmental damage arising from incidents involving more than 2,000 hazardous substances carried by sea, including chemicals, oils, acids, fertilisers, alcohols, LNG and LPG.
Under this regime
It is estimated that approximately 65,000 ships will require SNP insurance certificates or other financial security.
SNP Fund
The 2010 SNP Convention applies the ‘polluter pays’ principle, ensuring that the shipping and SNP industries compensate those who suffer loss or damage as a result of an SNP incident.
An SNP Fund will be established to provide compensation once the shipowner’s liability has been exhausted. The Fund will be financed by contributions paid after the incident by recipients of SNP cargo in the contracting states.
The total compensation available under the Convention is limited to 250 million Special Drawing Rights (SDRs) of the International Monetary Fund (approximately $360 million at current exchange rates) per incident.
Shipowners are strictly liable, up to the maximum limit set out in the Convention, for the costs arising from an SNP incident.
The SNP Fund will be administered by the States, with contributions based on the actual compensation required.
Contracting States
The 12 Contracting States to the SNP Convention, as at 29 May 2026, are: Belgium, Canada, Denmark, Estonia, France, Germany, Norway, the Kingdom of the Netherlands, South Africa, Slovakia, Sweden and Turkey.
News and image obtained: "Organización Marítima Internacional"