Shortage Claim in Tunisia

T.I.P.I.
C
TUNISIAN INTERNATIONAL
P&I CORRESPONDENT
Guide lines on how to

Prevent/mitigate shortage claims
in Tunisia?
More
than a decade ago, the bulk grains importations was

exclusively dealt with by the state owned companies namely:
Office Des Cereales de Tunisie : for wheat and barley.
Office National de lHuile : different kinds of oils in bulk.
Office De Commerce de Tunisie : bagged sugar and bagged
rice.
However for the recent years some new private companies have
been created to import exclusively the grains destined for animal
consumption such as yellow corn, SBM, bran wheat, Alfa Alfa,
Lucerne as well as wheat destined for re-exportation as semolina
and pastry and vegetable oils such as RBDPO, PKO, CNO, ect
The creation of the latter companies has arisen increasingly the
shortage claims.
In our capacity of P&I representative and in order to face such
problems which trigger very often the issuance of interim securities
and bank guarantees, and following a long experience in handling
such claims, we are in a position to advice owners/your association
about the steps to be followed up to prevent such claims with each
particular receiver:
-1-
A/ STATE COMPANIES
As first step, its recommended to start by issuing since loading port
a sealing certificate signed particularly by shippers.
Up on berthing of vessel at Tunisian discharging ports an unsealing
survey is to be carried out in presence of all parties mainly receivers
who should sign jointly the unsealing certificate to be issued.
Both the sealing and the unsealing certificates are helpful in trying
to involve at a later stage the shippers liability, who according to our
maritime code could be held liable as sea carrier in case a charter
party is established between shippers charterers and owners.
As second step a judiciary surveyor should be appointed via local
court, guided by owners surveyor, to act on behalf of tribunal. His
report will bind all parties and is authentic before the local court.
The mission of the judiciary surveyor will depend on the kind of
receivers.
a/ For cargo destined to Office des Cereales:
The cargo of wheat and barley in bulk is normally discharged by
silo suction and placed directly in silo cells.
The quantity discharged is Electronically reported by silo index.
The mission of the judiciary surveyor will focus mainly on:
1/ Carrying out unsealing and draft surveys in presence of
owners and receivers surveyors.
2/ Arranging the calibration of weighing installation.
3/ Following up the discharging and weighing operation.
b/ For cargo destined to Office National de lHuile
The cargo of oil in bulk is normally discharged by receivers hoses
and conveyed to port storage tanks (belonging to port authorities)
through underground pipes.
-2-
The withdrawal of cargo is made after sailing of vessel by receivers

trucks. Same trucks are weighed by the public weighing bridge
located in front of port entrance.
The quantity of cargo discharged will be the one fixed by public
weighing after completion of withdrawal and not the quantity fixed
as per ullage survey after completion of discharging.
The mission of the judiciary surveyor will therefore consist on to:
1/ Carrying out unsealing and ullage surveys in presence of
the owners and the receivers surveyor.
2/ Arranging the calibration of public weighing installation.
3/ Controlling the weighing by appointing controllers.
4/ Issuing the empty tanks certificate.
c/ For cargo destined to office de commerce

The cargo of bagged sugar is usually discharged by slings and
placed directly inside of the receivers trucks.
Due to rough handling of bags by stevedores workers both during
their manipulation inside of cargo holds and on the trucks, tearing of
bags and spillage of sugar could occurr resulting in a damage and
shortage claim always raised by cargo underwriters at the end of the
discharging.
The mission of the judiciary surveyor will be:
1/ Carrying out the unsealing survey.
2/ Following up the discharging and ascertaining the ill
handling of bagged sugar by stevedores to involve their
liability for spillage of cargo from torn bags and to appoint
tallymen with the help of local P&I reps to arrange cargo
tallying enabling to minimise any shortage claim.
-3-
B/ PRIVATE COMPANIES
The cargo destined to private companies is usually discharged
directly inside of trucks. Same is conveyed either to public
weighing bridge located in front of port or to weighing bridge
belonging to receivers themselves and located in their
premises.
Such weighing at consignees premises is normally made
when the public weighing bridge is out of order and an
authorisation is obtained beforehand by receivers from
custom authorities.
The preventive measures to be followed up will be
particularly as follows:
1/ Carrying out the unsealing and draft surveys (for grains
cargo) and ullage survey (for oils cargo), to be sure that
quantity mentioned on bills of lading is really existing on
board and to avoid any allegation from receivers side about
presence of any shortage since the berthing of the vessel.
2/ To control the trucks weighing. By experience such survey
is helpful in avoiding/mitigating any shortage claim.
It should be pointed out that all receivers/ cargo underwriters
accept only the shore scale figures under the customs
authorities control; for this reason its highly recommended to
appoint controllers to control trucks weighing.
We hope that the aforesaid recommendation/advices will be
of some help to prevent shortage claims and remain at
your/your members disposal for any further clarifications.
Yours faithfully
TUNISIAN INTERNATIONAL
P&I CORRESPONDENT
-4-

Shortage Claim in Tunisia

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Shortage Claim in Tunisia

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T.I.P.I.

Guide lines on how to

than a decade ago, the bulk grains importations was

The withdrawal of cargo is made after sailing of vessel by receivers

c/ For cargo destined to office de commerce

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