Regulation 2

499

1. For each sector, the fixed sum per unit of contributing cargo shall be the product of the levy per HNS point and the sector factor for that sector.

500

2. The levy per HNS point shall be the total annual contributions to be levied to the general account divided by the total HNS points for all sectors.

501

3. The total HNS points for each sector shall be the product of the total volume, measured in metric tonnes, of contributing cargo for that sector and the corresponding sector factor.

502

4. A sector factor shall be calculated as the weighted arithmetic average of the claims/volume ratio for that sector for the relevant year and the previous nine years, according to this regulation.

503

5. Except as provided in paragraph 6, the claims/volume ratio for each of these years shall be calculated as follows:

504

(a) established claims, measured in units of account converted from the claim currency using the rate applicable on the date of the incident in question, for damage caused by substances in respect of which contributions to the HNS Fund are due for the relevant year; divided by

505

(b) the volume of contributing cargo corresponding to the relevant year.

506

6. In cases where the information required in paragraphs 5(a) and (b) is not available, the following values shall be used for the claims/volume ratio for each of the missing years:

507

(a) solid bulk materials referred to in article 1, paragraph 5 (a)(vii) 0

508

(b) oil, if the operation of the oil account is postponed 0

509

(c) LNG, if the operation of the LNG account is postponed 0

510

(d) LPG, if the operation of the LPG account is postponed 0

511

(e) other substances 0.0001

512

7. The arithmetic average of the ten years shall be weighted on a decreasing linear scale, so that the ratio of the relevant year shall have a weight of 10, the year prior to the relevant year shall have a weight of 9, the next preceding year shall have a weight of 8, and so on, until the tenth year has a weight of 1.

513

8. If the operation of a separate account has been suspended, the relevant sector factor shall be calculated in accordance with those provisions of this regulation which the Assembly shall consider appropriate.

International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea, IMO 1996

Chapter I - General Provisions

Definitions

Annexes

Scope of application

Duties of State Parties

Chapter II - Liability

Liability of the owner

Incidents involving two or more ships

Limitation of liability

Death and injury

Compulsory insurance of the owner

Chapter III - Compensation By The International Hazardous And Noxious Substances Fund (HNS Fund)

Establishment of the HNS Fund

Compensation

Related tasks of the HNS Fund

Expenditure:

General provisions on contributions

General provisions on annual contributions

Annual contributions to the general account

Annual contributions to separate accounts

Initial contributions

Reports

Non­payment of contributions

Optional liability of States Parties for the payment of contributions

Organization and administration

Assembly

Secretariat

Finances

Voting

Tax exemptions and currency regulations

Confidentiality of information

Chapter IV - Claims And Actions

Limitation of actions

Jurisdiction in respect of action against the owner

Jurisdiction in respect of action against the HNS Fund or taken by the HNS Fund

Recognition and enforcement

Subrogation and recourse

Supersession clause

Chapter V - Transitional Provisions

Information on contributing cargo

First session of the Assembly

Chapter VI - Final Clauses

Signature, ratification, acceptance, approval and accession

Entry into force

Revision and amendment

Amendment of limits

Denunciation

Extraordinary sessions of the Assembly

Cessation

Winding up of the HNS Fund

Depositary

Languages

[Post Provisions]

Annexes

Annex I

ANNEX II - Regulations For The Calculation Of Annual Contributions To The General Account

Metadata

Manifest

International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea, IMO 1996

Annexes

ANNEX II - Regulations For The Calculation Of Annual Contributions To The General Account

Regulation 2

Nonpayment of contributions