4.1 For the purpose of defining the category of
a ship under regulation 1.28,
a ship for which the building contract (or keel laying) and delivery
were scheduled before the dates specified in these regulations, but
which has been subject to delay in delivery 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 of
the category related to the estimated date of delivery. The treatment
of such ships should be considered by the Administration on a case-by-case
basis, bearing in mind the particular circumstances.
4.2 It is important that ships delivered after
the specified dates due to unforeseen delay and allowed to be treated
as a ship of the category related to the estimated date of delivery
by the Administration 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 treated as a ship of the category
related to the estimated date of delivery upon such an application,
the IOPP Certificate for the ship should be endorsed to indicate that
the ship is accepted by the Administration as such a ship; and
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.3 the Administration should report to the Organization
on the identity of the ship and the grounds on which the ship has
been accepted as such a ship.