Entry-into-force of IMO conventions
Much is made of the importance of negotiating global international solutions to the environmental and safety problems of shipping. It’s a global trade say the shipping industry and it should be regulated globally and through the UN’s International Maritime Organisation (IMO). For the most part this is how regulation is undertaken, but it’s not without its problems, principle among them the very slow entry-into-force of legal instruments.
A global negotiating forum including “flags of convenience” (with very large fleets) often results in entry-into-force provisions that require not just a certain number of national ratifications but that contracting parties represent a sizeable proportion of the world fleet. This has dramatically slowed down the entry-into-force of IMO conventions. Fortunately the European Union now contains a number of substantial flag-States, and this puts it in a position to speed up the entry-into-force of IMO conventions (see below for full details).
In the case of the HNS Convention (1996) entry-into-force of the convention appears to be within the control of EU states. Ratification of the Ballast Water Management Convention (2004) has been very slow and at present only two EU states have ratified; EU states alone cannot bring this convention into force but they nonetheless have an obligation to quickly ratify an instrument that they negotiated in good faith.
Summary of convention ratifications showing total tonnage (updated monthly).
Summary of conventions |
Full details of convention ratification status (updated monthly).
Convention status by country |
HNS Convention 1996
The Hazardous & Noxious Substances (HNS) Convention will make it possible for compensation to be paid out to the victims of accidents involving HNS, such as chemicals. The HNS Convention was adopted in 1996 and will enter into force 18 months after ratification by 12 states, four of which must have fleets of at least two million gross tonnes (gt), representing individuals receiving at least 40 million tonnes of HNS-type cargo. As of 31st October 2009 fourteen states had ratified with three meeting the 2 million gt qualification. The fourteen states include just four from the EU: Cyprus, Hungary, Lithuania and Slovenia. Ratification by just one of the larger EU flag-States would allow the number of states and vessel tonnage requirements to be met. Data on the quantities of HNS cargo received is not available (this should be provided by contracting parties), but it seems likely that ratification by single EU state would allow this requirement to be met and the convention to enter into force. More information on the Convention is available from the IMO HNS Convention web page.
HNS Convention web page |
Ballast Water Management Convention 2004
The Ballast Water Management (BWM) Convention is designed to protect the marine environment from the introduction via ships ballast water of non-native (alien) species. The introduction of non-native species is one of the top five threats to biological diversity. The BWM Convention was adopted in 2004 and will enter into force 12 months after ratification by 30 states, representing at least 35% of world merchant shipping tonnage. As of 31st October 2009 eighteen states representing 15.36% of world tonnage had ratified. The eighteen states include just two from the EU, Spain and France, although Norway has also ratified. More information, including the text of the Convention can be found on the "Ballast Water Management" web page.
Ballast water management
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