30 July 1992 no. 592

REGULATIONS RELATING TO THE REGISTRATION OF SHIPS IN THE NORWEGIAN INTERNATIONAL SHIP REGISTER (NIS)

Laid down by the Resolution in Council of 30 July 1992. Proposed by the Royal Ministry of Foreign Affairs. With authority in §§ 2, 3, 5 and 9 of Act no. 48 of 12 June 1987 relating to the Norwegian International Ship Register, and §§ 13, 14, 15 and 38 of Act no. 39 of 24 June 1994, the Maritime Act (cf. the previous Maritime Act no. 1 of 20 July 1893), the following Regulations are laid down relating to the registration of ships in the Norwegian International Ship Register. Amended on 16 December 1994 no. 1118, 13 Sept. 1996 no. 909, 3 Dec. 2004 no 1543.

Contents

CHAPTER 1 General provisions

§ 1 Application

The present Regulations apply to ships registered in the Norwegian International Ship Register.

§ 2 Relationship to the Maritime Act and to the Regulations relating to the Registration of Ships in the Norwegian Ship Register

The provisions of the Maritime Act, including the rules governing the registration of ships, apply to ships in the Norwegian International Ship Register unless there are provisions to the contrary.

The following provisions do not apply to ships registered in the Norwegian International Ship Register:

• Paragraph 3, § 8, the first and second sentences of paragraph 1 and paragraph 6 of § 11, § 12, the first sentence of paragraph 1 of § 28, in respect of the third cancellation alternative - that a ship is no longer to be regarded as Norwegian, § 31, § 32 and § 33 of Act no. 39 of 24 June 1994, the Maritime Act.
• The Regulations of 30 July 1992 relating to the Registration of Ships in the Norwegian Ship Register.
• §§ 2 and 3 of the Maritime Act will not apply to ships registered pursuant to subsections 2 and 3 of paragraph 1of § 1 of the Act relating to the Norwegian International Ship Register.
• A voluntarily created mortgage in a ship in the Norwegian International Ship Register does not have legal effect unless the mortgage is registered in accordance with the rules in Chapter 2 of the Maritime Act and in the present Regulations, cf. § 41 of the Maritime Act.

§ 3 Drilling platforms, hovercraft, etc.

For the purposes of the present Regulations, drilling platforms and other mobile installations are regarded as ships.

The registration of hovercraft in the Norwegian International Ship Register shall be carried out according to the rules in the Maritime Act and the present Regulations.

§ 4 Registration authority

The Norwegian International Ship Register shall be kept by the official appointed by the Ministry of Trade and Industry as Registrar of the Ship Registers, a separate administrative agency under the Ministry with offices in Bergen.

The Registrar may delegate the authority vested in him pursuant to paragraph 1of § 2 of the Act relating to the Norwegian International Ship Register to another official at the Register. However, decisions to refuse to register a document, decisions to make corrections, decisions on appeals, decisions according to § 12 of the Act relating the Norwegian International Ship Register and other decisions that may give rise to doubt must always be taken by the Registrar.

A decision to delegate authority must always be rendered in writing. It must state the name of the person to whom authority is being delegated and whether there are limitations on the exercising of the delegated authority beyond what follows from paragraph 2 above.

§ 5 Contents of the Register

The Ship Register is a central EDP-based register of documents concerning ships and interests in ships, cf. §§ 13 and 20 of the Maritime Act. The conditions are also registered under which a ship has been registered according to § 1 of the Act relating to the Norwegian International Ship Register.

In addition to the information mentioned in § 13 of the Maritime Act, the Register shall contain the following information, cf. the Act relating to the Norwegian International Ship Register:

• for ships registered according to subsection 2a of paragraph 1of § 1, the name and address of the owner's head office.
• for ships registered according to subsection 2b of paragraf 1of § 1, the name and address of the managing owner.
• for ships registered according to subsection 3 of paragraph 1of § 1,

a. the owner's name, stating also the firm, the form of company and its place or registration

b. the address of the owner's head office

c. if the owner is a general partnership: the names, addresses and dates of birth of all partners with liability; and if a partner is a limited partnership or limited company or other company with limited liability, also the information required from such companies according to items d) and e) below

d. if the owner is a limited partnership or limited company or other company with limited liability: the partnership capital and how much of it is paid up; and if the partnership capital has not been fully subscribed, only the amount subscribed may be given as the company's capital

e. if the owner is a company: the names, addresses and dates of birth of the members of the Board and the Managing director, and the names of those entitled to sign for the company

f. the name and address of the representative

• for ships registered according to subsections 2 and 3 of paragraph 1of § 1, the Register shall in addition contain the name and address of the shipowning company responsible for the ship's management
• for ships where collective wage agreements are entered into with foreign trade unions, the Register shall contain the name and address of the foreign party to the agreement.

For all ships, the Register shall contain the shipbuilder's name and address and where possible the yard number.

The Register shall in other respects be kept in accordance with Ministry requirements at any time.

§ 6 Journal of documents

A journal shall be kept of all documents, including notifications, received by the Ship Register for registration.

The journal of documents shall be kept using electronic data processing. Print-outs and electronic copies shall be taken daily of all entries in the journal. Print-outs shall be kept at the Register in a separate file.

§ 7 Payment of fees

For registration or annotation in the Ship Register, and for an abstract confirming a mortgage in respect of the Ship Register, fees shall be paid according to the same rules and rates as for corresponding transactions described in Chapter 6, cf. Chapter 1, of the Act of 17 December 1982 relating to Court Fees. Fees are payable in advance.

A document is not regarded as having been received, and shall therefore not be entered in the Register, until the necessary fee has been paid.

Registration in the Ship Register also carries an annual fee of NOK 5,800.00 payable to the Registrar. The first payment of the fee shall be made on entry in the Register, and subsequently as of 31 January each year. The fee is not reduced for registration of a ship for part of a calendar year. Payment of the fee for the years subsequent to the actual year of registration is the responsibility of the person registered as the owner of the ship as of 1 January in the year in which the invoice is sent, but if the ship was registered pursuant to subsection 3 in paragraph 1 of § 1 of the Act relating to the Norwegian International Ship Register, the invoice shal be sent to the owner's representative, who will be reponsible for payment of the fee on the due date.

CHAPTER 2 Registration procedure etc.

§ 8 Notification concerning ships seeking registration in the Ship Register

For registration in the Register, the ship's owner must notify the Registrar. If the ship is owned by a shipowning partnership, including a shipowning partnership according to subsection 2b of paragraph 1of § 1 of the Act relating to the Norwegian International Ship Register, the notification shall be given by the managing owner. For other companies, notification shall be given by the business manager or by a member of the Board of Directors who may sign for the firm.

If the ship is owned by an owner as described in subsection 3 of paragraph 1 of § 1 of the Act relating to the Norwegian International Ship Register, notification shall be given by the owner's representative in Norway.

The notification shall be written on the form prescribed by the Ministry of Foreign Affairs.

The notification shall enclose a copy of the ship's certificate of tonnage issued or approved by the Maritime Directorate or whoever it authorises, the name certificate issued by the Maritime Directorate, the builder's certificate, a deed or other document proving the owner's title to the ship. A declaration shall be submitted on a form prescribed by the Ministry of Foreign Affairs stating that the nationality conditions have been met, cf. §§ 1 and 4 of the Maritime Act.

The choice of home port, cf. § 8 of the Maritime Act, is made by notification according to § 13 of the Maritime Act. For ships registered according to subsections 1 and 3 of paragraph 1 of § 1 of the Act relating to the Norwegian International Ship Register, the owner's choice of home port shall be notified by the owners responsible for the ship's management, cf. paragraph 1of § 1 of the Act relating to the Norwegian International Ship Register.

For ships transferred from abroad, a certificate of deletion or other certificate from the foreign register as mentioned in the last sentence of § 13 must be enclosed. If the certificate of tonnage was issued by or on behalf of a foreign authority, it must be approved by the Maritime Directorate or whoever it authorises. If the temporary certificate of nationality is only valid for a voyage to another port, it cannot be used in connection with registration in a Norwegian ship register. If the ship has no temporary certificate of nationality, a declaration shall be enclosed from the Maritime Directorate or whoever it authorises stating that the ship has a valid classification and that on completion of a survey it will be fitted out and equipped according to the provisions in the Seaworthiness Act.

For a ship being transferred from the Norwegian Ship Register, including the Shipbuilding Register, a certificate of deletion shall be enclosed. A certified transcript from the register shall also be enclosed. All registered encumbrances on ships registered in the Norwegian Ship Register may, with the consent of the encumbrancer, be transferred to the Norwegian International Ship Register at the same time as the ship is registered in the latter and deleted from the Norwegian Ship Register. Annex XIII no. 56 to the EEA Agreement (Council Regulation (EEC) no. 613/91) on the transfer of ships from one register to another has the same validity as Norwegian legislation, subject to such more detailed definition and limitation as follows from Protocol 1 to the Agreement and the Agreement in general.

§ 8a Contents of the certificate of nationality

The certificate of nationality shall contain information about the ship's name, call signal, IMO identification number, when and where the ship was built, gross tonnage and deadweight, ship type, home port, ship register and the owner's name and address. The certificate of nationality shall be issued on a form issued by the Norwegian Ship Registers.

§ 8b Issuing certificates of nationality

For ships liable to register, a certificate of nationality shall be issued immediately after entering the ship in the register. If the ship's registered name, owner or home port is changed, a new certificate of nationality shall be issued to replace the old one. This also applies to ships which are not liable to register, for which a certificate of nationality has been issued at the owner's request.

If a certificate of nationality has become illegible or is lost, a new certificate of nationality may be issued by the Registrar on the written request of the owner/ ship's master. The new certificate of nationality shall be stamped «duplicate».

If the certificate of nationality has been lost, this must be confirmed by the owner/ ship's master at the same time as the request for a new certificate of nationality is made. If the certificate of nationality is damaged, the damaged document shall be submitted together with the request for a new document. If a lost certificate of nationality is found after a new certificate of nationality has been issued, the owner/ ship's master must immediately return the duplicate to the Registrar.

On issuing a certificate of nationality, the Norwegian Ship Registers shall retain a copy.

§ 8c Handing over and filing certificates of nationality

The certificate of nationality shall be handed over to the owner/ ship's master or a person authorised by them. The document may also be handed over at one of the Norwegian Maritime Directorate's offices. If the ship is abroad, the certificate of nationality shall be sent to the owner for forwarding to the ship's master.

The owner shall send written confirmation of receipt to the Norwegian Ship Registers when the certificate of nationality has been received. The owner shall ensure that any shipboard certificates of nationality or temporary certificates of nationality are returned to the Registers.

For ships liable to register and ships in international service the original certificate of nationality shall always be kept on board.

§ 8d Temporary certificate of nationality

If a ship is in foreign waters when the certificate of nationality is issued, and the final certificate of nationality cannot be expected to reach the ship before it leaves a foreign port, a temporary certificate of nationality may be issued by the relevant Norwegian Foreign Service mission on the instructions of the Norwegian Ship Registers in each individual case.

A temporary certificate of nationality may also be issued where the conditions for final registration in the Norwegian Ship Registers are not fulfilled, but are expected to be fulfilled within a reasonable period of time.

If, under conditions as mentioned above, a ship is in Norway when the certificate of nationality is issued, a temporary certificate of nationality may be issued by the Norwegian Maritime Directorate's offices on the instructions of the Norwegian Ship Registers in each individual case.

§ 9 Registration of shipping partnerships

Every company whose purpose it is to carry on a shipowning business, and whose members have unlimited liablity for the company's obligations either jointly or severally or in proportion to their interests in the company, shall be entered in the Ship Register as a shipping partnership, cf. § 101 of the Maritime Act.

Part owners may be registered as the owner of more than one ship provided the ownership and the relative parts are the same for each ship.

The owners must give the shipping partnership a name. It must not be possible to mistake the name for that of any other shipping partnership in the Register. The name of the shipping partnership shall be notified to the Registrar.

The shipping partnership shall in the Register be designated as the holder of the title to the ship.

§ 10 Transfers from the Shipbuilding Register of the Norwegian Ship Register to the Norwegian International Ship Register

When a ship is notified for registration in the Norwegian International Ship Register, it must be stated whether or not the ship is entered in the Shipbuilding Register, cf. the rules in § 8.

The Registrar shall terminate the registration in the Shipbuilding Register and transfer establishments of legal rights noted there to the Norwegian International Ship Register. The date and time when the entry is made in the _ of documents, and from which priority will be reckoned, shall be noted in the Norwegian International Ship Register. Where establishments of legal titles consisting of title transfers are concerned, only the most recent shall be included. Encumbrances which have been deleted are not transferred. Cross references are to be given in the Shipbuilding Register and the Norwegian International Ship Register.

§ 11 Entry in the journal of documents

Documents shall be entered in the journal consecutively according to the date and time when they are received for registration. Documents reaching the Registrar in the same mail shall be regarded as having been received at the same time. Documents arriving by morning mail shall be regarded as arriving at the beginning of office hours. The document journal number, date and time shall be noted on the document.

Documents shall be registered with consecutive numbers for the calendar year. Only one document journal number shall be used even if the document relates to more than one ship. Also copies of the document, cf. the rules in § 19 below, shall be annotated in the same way. Auxiliary documents, cf. the rules in § 20 below, which are to be kept at the office, shall have entered on them which document they accompany. This shall be done by referring to the document's number in the journal of documents.

The abstract of the document in the journal must be brief, but must clearly indicate which document the entry relates to, its date and time, and the main rights it establishes, using key words if necessary. The objects to which rights are established and the fees paid must be specified.

In respect of documents received for registration, requisitioners may demand receipts stating the date and time of the registration. The Registrar may demand that requisitioners submit completed receipts for signature.

§ 12 Provisional entries

When a deadline has been set for corrections according to paragraph 2 of

§ 16 of the Maritime Act, and when an appeal has been lodged against a refusal to register information, the document shall be provisionally entered in the Register. Certificates of registration, mortgage certificates and transcripts shall state that the document has only been provisionally entered in the Register, cf. the rules in § 28.

§ 13 Returning documents obviously incomplete

A document that clearly cannot be registered may be returned to the requisitioner without being given a document journal number. This shall in the event be done as soon as possible after receipt of the document, and only when it may be assumed this will not result in loss of priority. The requisitioner shall at the same time be informed why the document cannot be registered and that it has not been entered in the journal of documents. He shall also be informed that the document will be entered if he so demands. If such a demand is made, the document shall be entered on the day the demand is received.

If a document received a second time still cannot be registered, the Registrar shall refuse registration according to the provisions in § 21 below.

§ 14 Entries in the Ship Register

A document is entered (abstracted) in the Ship Register by entering its document journal number, the date and time of its receipt, the designation of the document, and a short abstract of the main rights it establishes, including all financial encumbrances. The same applies correspondingly to enforcements. The notification, certificate of tonnage, ship's data and information concerning ownership, etc., shall be entered in accordance with the provisions applicable at any time to the keeping of the Register.

CHAPTER 3 Requirements concerning documentation, attestation of signatures, etc.

§ 15 Obligation to supply information

If the Registrar requires further information in connection with a registration, he may demand that the requisitioner supply it, unless it is available in protocols and documents in the Register's archives.

§ 16 Clarity and form

A document for registration shall be legibly written. It shall moreover be so clearly formulated that there can be no doubt what the establishment of rights applies to and where this is to be entered. The document should be brief and as far as possible only contain information that may be registered, cf. § 20 of the Maritime Act. If the document contains information that cannot be registered, this should be gathered together separately at the end of the document. If a document has not been edited accordingly, the requisitioner may be instructed to replace it with a new document.

The parties shall be unambiguously identified. For persons who have been allotted Norwegian national identity numbers (date of birth + personal identity number), this must be stated. Persons who have not been allotted such numbers must instead give their year and date of birth and nationality.

§ 17 Documents in foreign languages

A document for which registration is requested must be written in Norwegian, Danish, Swedish or English, but the translation of the document into Norwegian may nevertheless be demanded when this is necessary in order to ascertain how the document is to be understood and entered in the Register. The translation must be certified by a translator authorised by Norwegian authorities. The Registrar may also approve a translation confirmed by a Norwegian lawyer or Norwegian Foreign Service official.

A certificate of registration, cf. the rules in § 28, shall be added to the original document.

The translation shall be regarded as an auxiliary document, cf. the rules in § 20.

Copies of both the original and the translation shall be submitted.

An auxiliary document in a foreign language need not be translated if the Registrar is in no doubt about its contents.

§ 18 Attestation of signatures

In cases where a signature must be attested, cf. paragraph 2 of § 15 of the Maritime Act, it may be attested by two witnesses who are of age and resident in Norway, or by a Norwegian

• judge or deputy judge
• advocate or authorised advocate's assistant
• notary public.

The signature may also be attested by a foreign notary public.

Norwegian notary public also comprises Norwegian Foreign Service officials stationed abroad, insofar as the official is competent to carry out the duties of a notary, cf. § 20 of the Foreign Service Act of 18 July 1958. Where a foreign notary public is concerned, which local authorities are entrusted with the duties of a notary depend on the law of the country in question.

In the case of a signature on behalf of a foreign company, organisation or other legal person, the notary must also certify that the person or persons who sign are authorised to bind that company, etc.

The signature of a foreign notary public should generally be authenticated by a Norwegian Foreign Service official.

The issuer of a document cannot attest his own signature. Nor may a person acquiring a right through a document or his/her spouse, parents, children or siblings or a person in his/her employment attest the issuer's signature. If the document is issued to a Norwegian bank or insurance company, employees of the bank or insurance company may nevertheless attest the issuer's signature. The same applies correspondingly to civil servants if the document is issued to the state or a municipality. If the Registrar sees no objection, he may accept a document for registration even though the signature has not been attested in the prescribed manner.

§ 19 Copies of documents for registration

A copy may be a carbon copy, duplicate, transcript or the like. The copy must be a correct and easily legible reproduction of the original document or that part of it that is being registered, and sufficiently durable for storage in archives. The copy must be of a normal good quality.

If a document contains information which cannot be registered, cf. § 20 of the Maritime Act, the omission of such information from the copy may be demanded.

If a document has been prepared or submitted by a credit institution under public supervision, a public bank or public fund, or by a practising lawyer, these shall in their annotations certify that the copy is a correct reproduction of the document or that part of the document being registered. The same applies correspondingly when the document is issued by the authorities.

If the copy has been certified by any of those mentioned in paragraph 3 above, or by a notary public, the Registrar need not check the accuracy of the copy unless he finds special reason to do so.

The Registrar must ascertain that an uncertified copy is a correct reproduction of the document or that part of the document being registered. If a copy which ought to be has not been certified, the Registrar may demand that a certified copy be presented instead.

If a copy is incorrect or incomplete and the necessary corrections cannot appropriately be made at the Registrar's office, the Registrar may demand a new copy or, if he finds reason to do so, himself make a new copy. The same applies if there is no copy accompanying the document.

If a document applies to more than one ship, the Registrar may demand one copy for each ship.

Unless the Registrar finds reason to demand one, no copy is required of a document or part of a document concerning enforcement.

If the registration is of a short annotation, the Registrar may waive the requirement of a copy.

§ 20 Auxiliary documents

A document which cannot be registered may be presented as an auxiliary document when it serves as evidence of matters that have a bearing on the registration or deletion of another document (the principal document). If a principal document is issued on the basis of an authorisation, an auxiliary document must be presented showing such authorisation. If the authorisation conveys a right to issue a deed or mortgage document, cf. paragraph 2 of § 15 of the Maritime Act, the rules in § 18 above concerning the attestation of signatures apply correspondingly to the signature of the person granting the authority.

Information concerning the auxiliary document shall be given on the copy of the principal document which is kept at the Registrar's office. If the auxiliary document is a transcript from an official protocol or a certification of a public authority issued on the strength of information contained in an official protocol or document, it is not necessary to keep the auxiliary document at the Registrar's office. Unless there are provisions to the contrary, other auxiliary documents kept at the office shall be in the original or in certified copies. The Registrar may demand the presentation of a copy which is suitable for storage in the archives of the office, and that such copy shall only contain matter relevant to the registration or the deletion, as the case may be.

One auxiliary document is sufficient even when the registration applies to more than one ship.

CHAPTER 4 Refusing registration and considering appeals. Deletion etc.

§ 21 Refusing registration and considering appeals

Until a certificate of registration, cf. paragraph 1 of § 17 of the Maritime Act, has been signed, registration of a document may be refused.

If a document is not accepted for registration, the requisitioner and others directly concerned shall be informed at once by registered mail. The information shall include the reasons for the refusal. Information shall also be given concerning the right to appeal to the Ministry of Trade and Industry, and that any such appeal must reach the Registrar within three weeks of the date on which notification of the refusal was sent. If the Registrar sets a later deadline, this deadline instead shall be specified. The information shall also be given that legal action to have the decision tried cannot be taken unless recourse has been had to the right of appeal.

The information should also contain a brief account of the rules in § 32 of the Public Administration Act, cf. paragraph 3 of § 19 of the Maritime Act. The same applies correspondingly to other cases of requests for proceedings which are not complied with, cf. the final paragraph of § 16 of the Maritime Act. This also includes requests for corrections, entries of authorisations, etc.

When an appeal is received, the Registrar shall prepare the case and without delay send the declaration of the appeal and the documents in the case to the Ministry, unless he decides himself to rescind or change his previous decision. Anyone acting as an adversary or who may be regarded as an adversary shall as far as possible be asked for a statement before the appeal is forwarded to the Ministry. In any case, that person should be notified of the appeal at the latest when it is forwarded. The Registrar shall himself supply whatever information is necessary for the consideration of the appeal, including when the document was entered in the journal of documents and when the appeal was received. Copies of this statement shall be sent to the appellant and any other interested parties whose addresses are known. The necessary documents in the case or any copies of such documents shall be sent to the body considering the appeal.

In connection with the entry of the document in question in the journal of documents, a short statement shall be added stating that registration has been refused. A similar annotation shall be added to the provisional entry in the Register. If the decision is reversed, a statement to that effect shall be added in the journal of documents, and the statement that registration has been refused shall be deleted from the Register.

A copy of the decision to refuse registration, or of decisions not to proceed in other matters, shall be kept in a separate file at the Registrar's office. The Ministry's decision, and the court ruling if any, shall be placed in the same file.

§ 22 Consent to certain proceedings from the holders of rights

For the holder of a right according to a registered encumbrance to consent to the deletion of a ship, etc., from the Ship Register according to paragraph 3 of § 12 of the Act relating to the Norwegian International Ship Register, it must be certified that the person giving the consent is the correct party. If the encumbrance is a negotiable mortgage deed, cf. § 11 of the Act of 17 February 1939 relating to Instruments of Debt, this must generally be presented in the original, annotated with the consent, and the wording of the deed or a continuous series of transfer annotations must show that the consenting party is the holder of the right. If the deed carries a restrictive clause - not to order - making it non-negotiable, it is not necessary to submit it in the original. Consent may then be given in a separate declaration.

The rules in this Section apply correspondingly when the establishment of an interest in the ship or other disposal of it requires the consent of the holder of a right in consequence of registered restrictions on the right of disposal of the title holder.

An endorsement consenting to deletion or other disposal shall from the point of view of registration be dealt with like other endorsements on previously registered documents (entry in the document journal, calculation of fees, annotation and copies).

§ 23 Deletion of registered documents

When a document is deleted, it shall be noted in the Register that the document has been deleted, with its journal number and the date and time of its deletion. A certificate of deletion shall be added to the document according to the rules in paragraph 1of § 28 below. On the first page, a stamp or the like shall be placed showing clearly that the document has been deleted.

In connection with the deletion, the retained copy shall also be annotated with the grounds for the deletion and the document journal number and the date and time of the entry in the journal. The copy should also be clearly stamped and must be transferred to a separate file or the like for deleted documents, arranged in chronological order for each calendar year. Copies which according to the rules for destruction cannot be destroyed must be set apart.

If the holder of a right consents to the deletion of an encumbrance, the document showing the consent or a copy of it shall be stapled to the copy of the principal document, which is then treated as described above, cf. § 29 of the Maritime Act. The same applies when a document is registered as evidence that an encumbrance has been discontinued.

§ 24 Conditions for deleting ships

If the conditions for deletion pursuant to paragraph 1of § 12 of the Act relating to the Norwegian International Ship Register or § 28 of the Maritime Act are satisfied, the Registrar may delete the ship from the Register.

The Registrar may only delete a ship pursuant to paragraph 2 of § 12 of the Act relating to the Norwegian International Ship Register at the request of the Ministry of Foreign Affairs.

Before a deletion is made or a request is presented, the owners must have received written instructions to rectify the matter within a stated deadline. It shall also be stated that an action to have the decision tried cannot be brought before recourse has been had to the right of appeal.

§ 25 Procedure for deleting ships pursuant to paragraph 1 of § 12 of the Act relating to the Norwegian International Ship Register

Before a ship can be deleted from the Register pursuant to paragraph 1 of
§ 12 of the Act relating to the Norwegian International Ship Register, holders of rights shall be given an opportunity to submit comments within a given deadline. They shall at the same time be informed that the ship cannot be deleted without the written consent of the holders of rights, that encumbrances retain their priority, and that the establishment of any new rights cannot be registered.

If there are no registered encumbrances on the ship, or the holders of rights consent to deletion, an annotation shall be made in the Register that the ship has been deleted according to paragraph 1 of § 12 of the Act relating to the Norwegian International Ship Register.

The Registrar shall at once inform the owner, and any holders of rights who consented to deletion, by registered mail. The Maritime Directorate shall also be notified.

If the holders of rights do not consent to the deletion of the ship, the Registrar shall make an annotation in the Register of the circumstances that should have led to deletion. The Registrar shall inform the owners and holders of rights by registered mail of this annotation and that already registered encumbrances retain their priorities, but that the establishment of new rights cannot be registered (the folio is closed). The Maritime Directorate shall also be notified.

The Registrar may delete the annotation when he finds that the conditions for registration have again been fulfilled (the folio is opened). Notice of this is to be given to the owner and holders of rights by registered mail. The Maritime Directorate shall also be notified.

§ 26 Procedure for deleting ships pursuant to paragraph 2 of § 12 of the Act relating to the Norwegian International Ship Register

The Registrar shall ascertain that the deadline has expired and that legal proceedings have not been instituted against the State, cf. § 437 of the Civil Procedures Act, before deleting a ship at the Ministry's request.

The owner and the holders of rights shall be informed of the request. § 25 of the present Regulations apply correspondingly.

If proceedings have been instituted against the State within six months, or leave has been granted to lodge an appeal after the deadline, cf. § 437 of the Civil Procedures Act, the deletion shall not be proceeded with. The decision and the reasons for it, and the fact that proceedings have been instituted, shall be noted in the Register and on the certificate of registration.

If the court upholds the decision, the Registrar shall proceed with the deletion provided the conditions in paragraph 3 of § 12 of the Act relating to the Norwegian International Ship Register have been satisfied. The procedure in § 25 of the present Regulations applies correspondingly.

If the decision is ruled invalid, the Registrar shall delete the annotation concerning the decision, and promptly notify the owner and the holders of rights by registered mail. The Maritime Directorate shall also be notified.

CHAPTER 5 Other provisions

§ 27 Filing and destruction of documents

Copies of registered documents shall be filed in file covers. The file covers shall be arranged alphabetically by names of ships.

Auxiliary documents or copies of auxiliary documents shall be filed in the ship's file cover.

Documents relating to mortgages only may be destroyed five years after the end of the year in which they were deleted from the register concerned.

Auxiliary documents may be destroyed at the same time as the documents to which they relate, or after having been stored for ten years.

§ 28 Certificates of registration - annotations - mortgage certificate

A certificate of registration, cf. paragraph 1 of § 17 of the Maritime Act, is issued when the document has been finally entered in the Ship Register. It shall also be certified on what date and at what time and under what number the document was entered in the Register, what fee was paid for the registration or if the registration was free of charge. If the information in the document concerning the ship's data does not conform with that contained in the Register, this shall be noted on the certificate.

When encumbrances are noted on a document, cf. paragraph 2 of § 17 of the Maritime Act, or included in a special mortgage certificate, cf. paragraph 3 of § 17 of the Maritime Act, or in a certificate of deletion, cf. paragraph 3 of § 28 of the Maritime Act, the annotation shall state the designation of the encumbrance or document and the date/time of its registration. A brief statement shall also be made of what the encumbrance chiefly consists of - including its nominal amount or value as the case may be - and who is the holder of the right. If the encumbrance has not been finally entered in the Register, that must be stated.

In the event of advance registration, cf. the final paragraph of § 14 of the Maritime Act, the date and time when the document is regarded as having been entered in the journal of documents shall be stated, cf. the fourth paragraph of § 24 of the Maritime Act.

Annotations, special mortgage certificates or certificates of deletion may be issued in the form of copies of the relevant pages of the Register.

§ 29 Notification of changes. Notification to the Maritime Directorate

If there are changes in the information concerning a ship contained in the Register, cf. paragraph 1 of § 13 of the Maritime Act, the owner shall notify the Registrar, cf. paragraph 2 of § 13 of the Maritime Act. The same applies to any changes of the conditions under which the ship was registered according to § 1 of the Act relating to the Norwegian International Ship Register. The owner does not, however, need to report a new measurement (remeasurement) of the ship and the changes in the ship's data shown in the new tonnage certificate, cf. paragraph 3 below.

Notification of changes in the ship's data shall be accompanied by written evidence of such changes. If the ship's name is changed, a name certificate issued by the Maritime Directorate shall be enclosed. For a change of home port, it is sufficient for the owner to declare in writing where the new home port is to be. Changes of ownership are considered to have been notified as and when the document conferring title is sent for registration. The title deed must be accompanied by an auxiliary document declaring - on a form prescribed by the Ministry of Foreign Affairs - that the nationality conditions have been satisfied, cf. §§ 1 and 4 of the Maritime Act.

Any notification from the Maritime Directorate or whoever it authorises concerning a new measurement (or in the event a new tonnage certificate) of a ship entered in the Ship Register shall be registered at the Registrar's office free of charge.

If the Registrar has reason to suppose that there has been a change in anything noted in the Ship Register, and no mandatory notification has been sent within the deadline set, cf. paragraph 2 of § 13 of the Maritime Act, he shall promptly seek to clarify the matter and when necessary request the person responsible for notification to send the notification at once.

Insofar as the Registrar requests them to do so out of regard for his duties as laid down in laws and regulations, the police, Norwegian Ship Control, and the Customs authorities are obliged to make statements and conduct investigations relating to the ships in question.

§ 30 Dispatching documents, transcripts etc.

Anyone may demand a certified transcript of documents entered in the journal of documents and registers kept by the Registrar, including mortgage certificates.

The documents shall be dispatched - and transcripts issued - in the order in which the documents or the demand arrived. If the requisitioner makes good that rapid dispatch is of particular importance to him, a document for registration, transcription, certification or the like may be dealt with out of turn. In such cases it must always be ascertained whether, among the documents registered in the journal of documents and not yet noted in the Register, there is any document which must be annotated as an encumbrance on the relevant document or certificate demanded.

Requisitioned lists of particular groups of documents entered in the journal of documents are issued in such order as the Registrar shall decide.

The Registrar may give permission for uncertified lists or abstracts concerning registration to be issued, for instance in connection with historical or other research.

§ 31 Office hours - access to registers, etc.

On ordinary working days, office hours for registration shall be from 0900 to 1500 hours. If on certain days, such as Christmas Eve or New Year's Eve, the office closes before 1500 hours, the office must be open from 0900 until closing time. In special cases the Ministry of Trade and Industry may consent to shorter office hours.

Outside these hours it must be possible to deliver documents for registration on all weekdays, including Saturdays and Norwegian national holidays, between 0700 and 2400 hours if this is necessary for the sake of simultaneous deletion from or registration in foreign registers. The same applies when this is indicated out of regard to foreign holders of rights. Delivery of documents outside office hours must always be arranged with the Registrar.

During office hours members of the public shall have access to the Register and the copy archives. Documents in the copy archives must not be lent for use outside the office.

It is permitted to restrict telephone inquiries to office hours.

§ 32 Announcements according to § 29 of the Maritime Act

Invitations to holders of rights, if any, to contact the Registrar shall be published once in the Official Gazette and at least one newspaper with nationwide circulation. The requisitioner must pay the cost of the announcement.

When the address of a person entered in the register as the holder of a right is known, the Registrar should also notify that person by registered letter.

§ 33 Commencement

The present Regulations come into operation on 1 August 1992, except for the final paragraph of § 8 which shall come into operation as decided by the Ministry of Trade and Industry. The Regulations of 19 June 1987 no. 517 concerning the registration of ships in the Norwegian International Register of Ships are repealed from the same date.