Mohammed Neffous, our correspondent in Oran, has some advice for discharging bulk cargoes in Algeria

Many shipowners experience difficulties discharging bulk cargoes when calling at Algerian ports.

In most cases, the cargo receivers discharge their cargo onto trucks and then claim shortage at the end of discharging operations by relying on the weighbridge figures.

The main causes of shortage are :

• The use of a non tight crane grab;
• The mishandling of the cargo by stevedores;
• Overloading the trucks

To avoid such situations, we recommend that Members appoint a surveyor jointly with receivers in order to:

1. Carry out an initial and final draft survey;
2. Perform a daily cargo tally;
3. Monitor the cargo discharging operations.

We also recommend that Members agree a certain percentage of wastage in bulk or weight (Freinte de route) with charterers. This should be included in the charterparty and stamped on the Bill of Lading and will be considered a defence to a cargo claim.

Algeria is a party to the Hague Rules and so the carrier's responsibility ceases when the cargo is discharged over the ship's rail

Shortage resulting from stevedore pilferage or negligence

If the stevedores are responsible for shortage, the carrier’s liability will depend on who is contractually responsible for the stevedores.

Under Algerian Maritime Law

Article 915 of the Algerian Maritime code stipulates that stevedores are liable to the person who has hired his services. Most charterparties for the carriage of the cargo to Algeria are on FIOS terms, therefore :

1. Receivers have contractual relations with the stevedores to handle the cargo, the owners is exonerated from liability when the damage is caused by third parties.
2. Charterers are responsible for loading and discharge, owners may recover cargo shortage claims from charterers on the basis of breach of contract.

Mohammed M. Neffous
Neffous Shipping & Consulting
Club correspondent – Legal Advisor
Tel : + 213 41 50 47 45
e-mail : nscalgeria@algeriecom.com