Proposal for a Council Decision authorizing the Member States to ratify in the interest of the European Community the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (the 'HNS Convention')
Date: 2001-11-19
Institutions: European Commission
Subjects: EU competence, accession to an agreement, chemical product, civil liability, gas, international convention, jurisdiction, marine pollution

C 51 E/370

EN

Official Journal of the European Communities

26.2.2002

Proposal for a Council Decision authorizing the Member States to ratify in the interest of the
European Community the International Convention on Liability and Compensation for Damage in
Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (the (cid:145)HNS
Convention(cid:146))

(2002/C 51 E/27)

(Text with EEA relevance)

COM(2001) 674 final (cid:151) 2001/0272(CNS)

(Submitted by the Commission on 19 November 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 61 point c), 67
paragraph 1 and Article 300 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The International Convention on Liability and Compen-
sation for Damage in Connection with the Carriage of
Hazardous and Noxious Substances by Sea, 1996 (the
(cid:145)HNS Convention(cid:146)) is aimed at ensuring adequate, prompt,
and effective compensation of persons who suffer damage
caused by spills of hazardous and noxious substances,
when carried by sea. The Convention fills a significant
gap in the international regulation of marine pollution
liability.

(2) The Community and the Member States share competence
for subject areas covered by the HNS Convention,
the
Community having exclusive competence in relation to
Articles 38, 39 and 40 thereof;

(3) Articles 38, 39 and 40 of the HNS Convention are not
consistent with Community secondary legislation on the
jurisdiction, recognition and enforcement of
judgments,
as laid down in Council Regulation (EC) No 44/2001 on
jurisdiction and the
recognition and enforcement of
judgments in civil and commercial matters.

(4) The text of the Convention has been adopted in 1996 and
there are no short-term prospects of
re-opening the
negotiations for the purpose of taking into account the
Community competence and the inconsistencies between
the Convention and Community legislation.

(5) The Council may exceptionally authorize the Member
States with the exception of Denmark to ratify the HNS
Convention in the interest of the Community, subject to
making an appropriate reservation.

(6) Denmark has a duty to consult with the other Member

States in the Council on this matter,

HAS ADOPTED THIS DECISION:

Article 1

The Member States are hereby authorized to ratify or accede to
the International Convention on Liability and Compensation
for Damage in Connection with the Carriage of Hazardous
and Noxious Substances by Sea, 1996, subject to the conditions
set out in Articles 2 and 3.

Article 2

When ratifying or otherwise expressing their consent to be
bound by the HNS Convention, Member States shall enter
the following reservation:

(cid:145)Judgments referred to in Article 40 of the Convention shall,
when given by a Court of a Member State of the European
to Community rules in this area, be
Community subject
recognised and enforced in another Member State of
the
European Community according to such Community rules.(cid:146)

Article 3

When ratifying the HNS Convention, or when acceding
thereto, Member States shall inform the Secretary-General of
the International Maritime Organization in writing that such
ratification or accession has taken place in accordance with this
Decision.

Article 4

Member States shall, at the earliest opportunity, take measures
to ensure that the HNS Convention is amended in order to
allow the Community to become a contracting party to it.

Article 5

This Decision is addressed to the Member States, with the
exception of Denmark.