1 For the purpose of defining the category of
a ship under SOLAS regulation II-1/3-2,
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:
-
.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;
-
.2 when a ship is accepted by the Administration
under the provisions of paragraph 1 above, the delivery date annotated
on the Passenger Ship Safety Certificate, 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
-
.3 the Administration should report to the Organization
on 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.