Reporting of hazardous and harmful noxious substances, HNS

Companies covered by the Act (2018:1854) on the International Fund for Hazardous and Noxious Substances (swe: Lag 2018:1854 om den internationella fonden för farliga och skadliga ämnen) must submit reporting to the Swedish Maritime Administration by 1 March each year. The companies that have notified the Swedish Maritime Administration that they are required to report will be contacted via email with a reminder that it is time to report and fill in the form available for the purpose. The Swedish Maritime Administration, in turn, reports the data to the Swedish Ministry of Justice.

Background and purpose of the reporting

The reporting is a consequence of the intention of Sweden to accede the 2010 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea – known as the HNS Convention.

The HNS Convention aims to ensure adequate, prompt and effective compensation for damage to persons and property, costs of clean up and reinstatement measures and economic losses resulting from the maritime transport of hazardous and noxious substances.

The owner of a vessel is liable for damage caused by certain hazardous and harmful noxious substances transported by sea. If the financial liability of the ship owner is not sufficient to cover the damage, an injured party shall have the opportunity to receive compensation from an international fund (the HNS Fund).

The contributions to the HNS Fund are based on the amount of chemicals received in a calendar year.

Financing of the fund

The fund is financed by fees paid by those who receive hazardous and harmful substances after transport by sea in bulk, i.e. mainly the chemical industry. Around 6 000 different substances are dangerous and harmful according to the HNS Convention. These are mainly chemicals of various kinds, oil, liquefied natural gas (LNG) and petroleum gas (LPG).

Fees

The contributions to the HNS Fund are based on the amount of chemicals received in a calendar year. Swedish companies report free of charge for the time being. That will, however, change when Sweden ratifies the HNS Convention.

In the event of delayed reporting on contributing cargo, the Swedish Maritime Administration has, in accordance with para 9 of the Act (2018:1854) on the International Fund for Hazardous and Noxious Substances (swe: Lag 2018:1854 om den internationella fonden för farliga och skadliga ämnen), the right, combined with a fine, to collect the information.