1 For the purpose of defining the category of a ship under SOLAS regulation
II-1/3-10, a ship for which the building contract (or keel laying) occurred,
and scheduled delivery date was, before the dates specified in this regulation, but
where the delivery has been subject to delay beyond the specific date due to unforeseen
circumstances beyond the control of the builder and the owner, may be accepted by the
Administration as a ship delivered before the date of delivery specified in this
regulation. The treatment of such ships should be considered by the Administration on a
case-by-case basis, bearing in mind the particular circumstances.
2 It is important that ships accepted by the Administration under the provisions of
paragraph 1 above should also be accepted as such by port States. In order to ensure
this, the following practice is recommended to Administrations when considering an
application for such a ship:
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.1 the Administration should thoroughly consider applications on a case-by-case
basis, bearing in mind the particular circumstances. In doing so in the case of
a ship built in a foreign country, the Administration may require a formal
report from the authorities of the country in which the ship was built, stating
that the delay was due to unforeseen circumstances beyond the control of the
builder and the owner;
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.2 when a ship is accepted by the Administration under the provisions of
paragraph 1 above, the delivery date annotated on the Cargo Ship Safety
Construction Certificate or Cargo Ship Safety Certificate should be footnoted to
indicate that the ship is accepted by the Administration under the unforeseen
delay in delivery provisions of this interpretation; and
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.3 the Administration should report to the Organization the identity of the ship
and the grounds on which the ship has been accepted under the unforeseen delay
in delivery provisions of this interpretation.