Exception in relation to absence from ports etc.4
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 articles 3(4) and (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 periods of one calendar month; and
ii
the number applied to December 2003 by virtue of article 3(2)(a) had applied to each such period.