Terms of Reference for New Casablanca Port Operators Unclear

The Budd Group’s agent in Morocco would like to draw your attention to the recent statutory and operational changes promulgated by Law No 15-02 with the aim of liberalizing port activities in Casablanca.

The former Office D’Exploitation des Ports (ODEP) – a monopolistic stevedore and port regulator – has been dissolved and its activities have been transferred to two new organizations:

- SODEP (Société d’Exploitation Des Ports), branded as MARSA MAROC: a commercial corporation with government capitals. This company has inherited all of ODEP’s former commercial activities (terminal operations, stevedoring, towage, pilotage, etc…)

- A.N.P. (Agence Nationale des Ports: National Ports Agency): this new organization has been assigned the missions of regulation and control of port operations.

At the same time, a private company (SOMAPORT), has been created and is now a licensee operating a container and general cargo terminal.

The Operational Changes:

Before June 2009, the operational changes are not very perceptible to users because they were already familiar with having SODEP (MARSA MAROC) as a co-contracting party. At that time however, SODEP was outsourcing on-board stevedoring operations to SOMAPORT who was therefore the actual on board stevedore.

Since June 2009, SOMAPORT has itself become a contracting stevedore. Therefore, for some vessels the stevedore will now be SOMAPORT while for others it will be MARSA MAROC.

The Statutory Changes:

Before the promulgation of Law 15-02, the relationship between ODEP and port users was governed by the “Cahier de charges de l’ODEP” (contractual terms of reference). Law No 15-02 indicates that new regulations corresponding to the new situation will be introduced.

To date, however, these new regulations are still under preparation, and the situation remains ambiguous: MARSA MAROC is still alleging that its activities are regulated by the ODEP “Cahier de charges”, whilst SOMAPORT provides its services without any “General conditions”. In the meantime, the port’s users consider that, in the absence of any specific law, the general principles of commercial law should apply.

As yet, there is no case law but we are monitoring the relevant court decisions.

Conclusion

We recommend that ship-owners be very careful if they have problems involving stevedores in Casablanca. Firstly, they should ensure that they know exactly who their co-contracting party is. Secondly, they should hedge their bets by respecting the stipulations of the previous “Cahier de charges”.

Furthermore, when cargo damage involving stevedores is alleged, the following steps should be taken:
- A registered letter of reserves should be sent as soon as possible.
- Before delivery of the cargo to the receivers, the stevedores should be invited to attend a joint survey in the presence of all the parties.
- A time bar extension should be requested as a precautionary measure, especially if the stevedore is MARSA MAROC.

Our Morocco staff is at your full disposal should you need any further information or local assistance.


Tel: +212 52767 7939 Fax: +212 52240 0667
Mobile: +212 6 4680 4848
Email: wigginsmaroc@gmail.com

06 Jul 2009 - 15:22:57