The requirements of regulation
B-3, or any measures adopted by a Party pursuant to Article 2.3 and Section
C, shall not apply to:
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1 the uptake or discharge of Ballast Water and
Sediments necessary for the purpose of ensuring the safety of a ship
in emergency situations or saving life at sea; or
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2 the accidental discharge or ingress of Ballast
Water and Sediments resulting from damage to a ship or its equipment:
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.1 provided that all reasonable precautions have
been taken before and after the occurrence of the damage or discovery
of the damage or discharge for the purpose of preventing or minimizing
the discharge; and
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.2 unless the owner, Company or officer in charge
wilfully or recklessly caused damage; or
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3 the uptake and discharge of Ballast Water and
Sediments when being used for the purpose of avoiding or minimizing
pollution incidents from the ship; or
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4 the uptake and subsequent discharge on the high
seas of the same Ballast Water and Sediments; or
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5 the discharge of Ballast Water and Sediments
from a ship at the same location where the whole of that Ballast Water
and those Sediments originated and provided that no mixing with unmanaged
Ballast Water and Sediments from other areas has occurred. If mixing
has occurred, the Ballast Water taken from other areas is subject
to Ballast Water Management in accordance with this Annex.