274 



(iv) The discharge is made as far as practicable from the land, but in no 

 case less than [10] nautical miles from the nearest land""; 



(v) The ship, if of [ ] tons gross tonnage or above, is not within any 



of the areas defined in Regulation 1(10) of this Annex; 



(vi) The ship has in operation an oil discharge monitoring and control 

 system or oily water separating equipment or other installation as required 

 by Regulation 16 of this Annex. 



(2) Ships, while operating in special areas defined in Regulation 1(10) of 

 this Annex shall be subject to appropriate requirements of Regulation 12 of 

 this Annex. 



(3) [ ]^ 



(4) The discharge shall not contain chemicals or other substances which 

 are hazardous to the marine environment. The discharge shall not contain 

 chemicals or other substances introduced for the purpose of circumventing the 

 conditions of discharge specified in this Regulation. 



(5) The provisions of sub-paragraph (l)(a) of this Regulation shall not 

 ai)i>ly to the discharge of clean or segregated ballast provided that any such 

 discharge which has been contaminated with oil to a level above that which 

 would be permitted as clean ballast shall be treated as oily mixture and shall 

 comply with the provisions of paragraph (1) of this Regulation. 



REGULATION 10. — EXCEPTION 



Regulation 9 of this Annex shall not apply to : 



(a) the discharge of oil or oily mixture from a ship necessary for the purpose 

 of securing the safety of a ship or saving life at sea ; or 



(b) the espace of oil or oily mixture resulting from damage to a ship or its 

 equipment, if all reasonable precautions have been taken after the occurrence 

 of the damage or discovery of the leakage for the purpose of preventing or 

 minimizing the escape ; or 



(c) the discharge' into the sea of sub.stances containing oil, approved by the 

 Administration, when being used as dispersants for the purpose of combating 

 specific pollution incidents in order to minimize the damage from pollution. 



2" Several delegations suggested that exemption should be granted from the [10] 

 nautical mile requirement in the case of small ships such as those less than [400] tons 

 gross tonnage or those which are engaged only on coastal voyages. 



=^ There was imanimous agreement among the delegations that it would be desir;il)lp to 

 include a provision facilitating enforcement of paragraphs (1) and (2) of this Regula- 

 tion, provided that such a provision could be cast in terms compatil>le with the various 

 legal systems in Contracting States. It was therefore determined that a paragraph in the 

 draft Annex should be reserved for such a provision. However, no agreement was reached 

 on the legal principles to form the basis of such a provision. It was agreed that this matter 

 should be studied by interested Governments prior to the Conference, so that an informccl 

 decision can be made at that time. The following provisions wore submitted by various 

 delegations for consideration by interested Governments : 



(i) Evidence of visible traces of oil on or below the surface of the water in the 

 vicinity of a ship or its wake shall be cause for investigation by appropriate officials of 

 Contracting States of all relevant fiicts, including wind and sea conditions and the track 

 and speed of the ship, bearing on the issue of whether there has Iteeu a violation of the 

 provisions of this Regulation or Regulation 12 of this Annex, as applicable. If on the 

 basis of the facts developed in the investigation, the visible traces can reasonably lie 

 attributed to a discharge from that ship, evidence of such traces and facts shall (solely 

 for the purpose of imposing monetary penalties] be sufficient to establish a violation of 

 tliis Regulation or Regulation 12 of this Annex, as applicable, unless proliative evidence 

 is Tiresented that the ship did not discharge oil or that any discharge of oil did not 

 violate the provisions of this Regulation or Regulation 12. 



(ii) Modify the text in (i) above by inserting between the first and second sentences 

 the following: "Any Contracting State may adojit the following rule of evidence:" 



(iii) If it is proven that oil, making visible traces on or below the surface of the water 

 in the vicinit.v of a ship or its wake, has been discharged from that ship, a violation of 

 this Regulation or Regulation 12 of this Annex, as applicable, shall be deemed to have 

 been committed, unless probative evidence is presented that the discharge of oil did not 

 violate the j)rovisions of this Regulation or Regulation 12. 



(iv) Evidence of visible traces of oil on or l)elow the surface of the water in the 

 vicinity of the shi]) or its wake which, taking into account existing wind and sea conditions 

 and the track and speed of the ship, may reasonably be attributed to a disi-barire from that 

 ship, shall be evidence sufficient to establish a violation of this Regulation or Reffulation 12 

 of this .Annex, as ai>plicable unless iirobative evidence is presented that tlie ship did not 

 discharge oil or that any discharge of oil did not violate the provisions of this Regulatiiui 

 or Regulation 12. 



