Article 4 Exception in relation to absences from ports etc.
(1)
A person shall not be guilty of an offence under article 3(1) in respect of an activity relating to a boat in a period specified in article 3(2)(b) if—
(a)
the identification of the activity as an offence depends on the application of paragraph 9 of Annex XVII to the period,
(b)
the boat has not been the subject of any adjustment in respect of the period under article 3(4) or (5), and
(c)
the activity would not have comprised an offence if, instead of paragraph 11(a) of the Annex being applied to the period—
(i)
the period had been divided into two separate month periods, and
(ii)
the number applied to December 2003 by article 3(2)(a) had applied to each such period.