南美大豆货损，仍需警惕
来源：The Skuld P&I Club @2021.02.05
进入 2 月份，南美大豆收获受产区大量降雨影响进度缓慢。除造成港口拥塞外，业界普遍预期持续降水会导致大豆含水量上升影响作物品质。
大豆货损索赔是协会长期关注的课题。后文介绍了巴西、阿根廷港口的仓储条件和针对含水量过高的风险提示和防损措施。会员可以考虑在租约中加入保护条款，合理分散可能产生的风险。如有任何疑问，请随时联系您的理赔团队。
Brazil and Argentina: Soybeans with high moisture content
DELAY IN SOYBEAN HARVESTING
In February, the Brazilian ports line-up indicates that soybeans shipments will reach around 8.5 million tons. But reaching such a volume won't be easy, especially because the harvest in Brazil (the largest producer and exporter of the commodity) is delayed, bringing huge logistical challenges for trading companies.
The late sowing, due to the drought that occurred at the beginning of the season, caused the Brazilian soybeans harvest to reach the slowest pace of the last ten years, according to AgRural consultancy. As a consequence, many Vessels that were scheduled for January ended up being delayed for February, increasing pressure on Brazilian ports and raising concerns about the payment for demurrage.
If at the beginning of the sowing the lack of rain bothered rural producers, now it is the excess of rain that concerns the entire logistics chain. Besides making it difficult for harvesting machines to access some regions, recent rains also led to speculation about the loss of grain quality due to excess moisture. According to specialists, for the time being this loss is restricted to specific areas, since the rains only negatively affect the areas that are ready to be harvested and, with the delay of the harvest, these are very few.
Nevertheless, bad weather and poor sunlight lengthens the crop cycle, delaying the harvest even more. In addition, the more the bad weather continues, the more the harvest will be delayed in February, with increases in cases of excess moisture and, in more extreme situations, reduced productivity.
STORAGE CONDITIONS AT SANTOS AND PARANAGUA
Soybeans are transported from farms to warehouses in Santos and Paranagua by trucks and railcars where the cargo is covered with heavy tarpaulins. Loading in these ports is done by means of shiploaders, supplied by conveyor belts from warehouses. All the cargo is stored in warehouses instead of in open yards.
STORAGE CONDITIONS IN ARGENTINA
In the last sowing season several provinces of the country experienced heavy rains (for example, relevant areas of Buenos Aires / Santa Fe / Córdoba). Some crop areas were affected by flooding, especially soya and maize which have been harvested or will be harvested soon.
After the harvest there can be different scenarios for the subsequent storage:
a. Silo bags in the field;
b. Cells or silos (either owned by the farmer or from a third parties, including grain terminals);
c. Occasionally the harvest is loaded onto trucks and sent to the grain terminals.
Many of those storage areas are provided with dryers. The grain terminals are also provided with dryers on which they process the grains to achieve the condition/quality required by the traders. They all store the grains in closed spaces (silos or cells) and no outdoor storage is noted.
LOSS PREVENTION SURVEYS
Generally, both in Brazil and Argentina, before loading the soybeans are stored in warehouses. However, for both transportation and harvest in excessive rain, soybeans could be stored in open conditions thereby exposing them to high moisture. Whilst the dryers could decrease the level of moisture to allow stable transit, there is no guarantee that this will avoid all extra moisture. Soybeans with excessive moisture content loaded on board the vessel may self-heat and claims for discoloration, mouldy and burnt cargo could arise at the discharge port.
Owners are better protected if the moisture content of the cargo to be loaded can be certified. If there are cargo claims at the discharge port, owners may be able to argue that the cargo damage occurred due to high moisture and owners may be able to rely on exceptions such as "inherent vice" to defend the cargo claim.
However, we remind members that whether such argument would stand is subject to the local law of the discharge port. Members are referred to our circular, see attached link.
The Association has checked with the local correspondent in Brazil who advised that that it would be possible to appoint a surveyor to take samples during loading and to have the cargo analyzed for moisture content. The result could be obtained on the same day. In order to mitigate the risk of claims we would recommend such surveys to be conducted.
RECOMMEND A PROTECTIVE CHARTERPARTY CLAUSE
Given that Brazil and Argentina allow for loading soybeans with a maximum moisture content of 14%, and where there is a significant risk that even cargo with a moisture content over 12% may overheat and damage may occur, members may wish to consider inserting a protective clause in the charterparty. The Association is ready to assist members in drafting such clause.
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