2.17 It may be noted that the Antarctic special area
under Annex II, the North West European Waters special area
under Annex I and the Baltic Sea special area under Annex
VI (called "SOx Emission Control Area") are
established after UNCED. Other special areas under MARPOL are
being contemplated at IMO, such as making the Arctic area as
a special area under Annex I and the North Sea as a special
area under Annex VI. The MEPC is also revrising the
Guidelines for PSSAs to make the identification procedure
clearer.
Oil and chemical pollution preparedness and response
2.18 Paragraph 17.33 of Chapter 17 of Agenda 21 invited
States to consider ratifying the International Convention on
Oil Pollution Preparedness, Response and Co-operation (OPRC
Convention), which was adopted by IMO in 1990 in response to
the necessity of preventing and minimizing enormous
environmental consequences caused by major tanker accidents.
Chapter 17 also invited IMO to consider possible extension of
the OPRC Convention to cover chemical spill response.
2.19 With consistent efforts by IMO to facilitate the
entry into force of the OPRC Convention, including numerous
technical co-operation activities such as assisting
developing countries to prepare national contingency plans,
preparation and delivery of model training courses. upgrading
and publication of relevant manuals and guidelines, the OPRC
Convention came into force on 13 May 1995, accomplishing one
of the objectives set by Chapter 17 of Agenda 21. At present,
there are 35 Parties to the OPRC Convention.
2.20 Recognizing that chemical spills would have similar
major environmental consequence like oil tanker accidents and
in response to the request of UNCED, the MEPC has been
working on a legal instrument to extend the OPRC Convention
to cover hazardous and noxious substances (HNS). At present,
the drafting work of a new Protocol to the OPRC Convention
has reached its final stages and an international conference
is planned for the year 2000 with a view to adopting the
protocol.
Compensation for pollution damage caused by hazardous and
noxious substances (HNS)
2.21 Paragraph 17.30 (a)(xii) of Chapter 17 of Agenda 21
called on States to support the on-going activity within IMO
regarding the development of an international regime
governing the compensation for pollution damage caused by
HNS. In response to this request, the Legal Committee of IMO
gave "highest priority" to the issue.
2.22 This is an issue of extreme complexity, because
unlike oil, the carriage of HNS by sea involves a great
number of substances with different properties, trade
features and risks. After having considered several options,
IMO decided to prepare a draft HNS Convention. The Convention
adopted a two tier system: The first tier regulates the
liability of the shipowner. The second tier channels the
contributions by the cargo interests into a fund which should
provide compensation when the shipowner cannot be held liable
or the damage exceeds the limit of the shipowner's liability.
2.23 The drafting work of the HNS Convention was completed
in 1995 and a International Conference on Hazardous and
Noxious Substances and Limitation of Liability was held at
IMO Headquarters from 15 April to 3 May 1996, which adopted
the International Convention on Liability and Compensation
for Damage in Connection with the Carriage of Hazardous and
Noxious Substances by Sea, 1996, or the HNS Convention in
short.
