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The statement is that the ban only comes into affect 1500 CEST 04/08/17 and that time penalties only if used after this time. Imagine experience of Bjorn and James informed introduction of the ban and they have picked the time to try and allow anyone who has taken it/already on it not to be penalised.
suggests Bjorn and James will get time penalties. Assuming the penalty isn't so big, it won't impact the race too much as they're quite a bit ahead.