Regulation 3: General
exceptions
Regulation 3.1
1 This Annex shall not
apply to:
(a) the discharge of ballast
water and
sediments necessary for the purpose
of securing the
safety of a ship or saving life
at sea; or
(b) the accidental discharge
of ballast
water and sediments resulting
from damage to a ship
or its equipment:
? provided that all reasonable
precautions have been taken
before and after the
occurrence of the damage
or discovery of the
discharge for the purpose
of preventing or
minimizing the discharge;
and
? except if the owner
or the Master acted
either with intent to cause
damage or recklessly
and with knowledge that [environmental]
damage
would probably result;
(c) the discharge of ballast water when
being used for the purpose of
combating specific
pollution incidents in order
to minimize the damage
from pollution; and
(d) the discharge of ballast
water and
sediments from ships [including
fixed or floating
platforms] at the same position
where the ballast
water and sediments had been
taken onboard.
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Proposed amendments
Regulation 3.1
The United Kingdom suggests the
following:
3.1 (a) and (b) It should be
sufficient to say‘ballast
water’without reference to sediments.
Japan proposes to delete or set
in square brackets
the following: 3.1(c) "Any
such discharge shall
be subject to notification to
any Party in whose
jurisdiction it is contemplated
the discharge will
occur" 5
Sweden proposes to add the following
text and set it
in square brackets:
3.1[(d) the discharge of ballast
water and sediments [from
ships] and from offshore
installations at a position where
the whole of that
ballast water and sediments had
been loaded and
provided that no mixing with
ballast water and
sediments from other areas has
occurred]
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