S.L. 234.55 Art. 12Exceptions.

(1) The requirements of these regulations shall not apply to:

(a) the uptake or discharge of Ballast Water and sediments necessary for the purpose of ensuring the safety of the ship in emergency situations or saving life at sea; or

(b) the accidental discharge or ingress of Ballast Water and sediments resulting from damage to the ship or its equipment:

(i) 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

(ii) unless the owner, company or officer in charge wilfully or recklessly caused damage;

(c) the uptake or discharge of Ballast Water and sediments when being used for the purpose of avoiding or minimizing pollution incidents from the ship; or

(d) the uptake and subsequent discharge on the high seas of the same Ballast Water and sediments; or

(e) 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 Annex A to the Convention.