Executive Summary:
This EEA Joint Committee Decision No. 340/2022 amends Annex XIII (Transport) to the EEA Agreement to incorporate four Commission Implementing Regulations (EU) 2022/89, 2022/90, 2022/91, and 2022/92. These regulations concern the application of Directive EU 2019/883 regarding ship waste. The decision entered into force on December 10, 2022, contingent upon notification requirements or the entry into force of Decision No. 191/2022, whichever was later.
Key Points / Main Content:
* **Incorporation of EU Regulations:**
* Commission Implementing Regulation (EU) 2022/89 on calculating sufficient dedicated storage capacity for ship waste is incorporated.
* Commission Implementing Regulation (EU) 2022/90 on the Union risk-based targeting mechanism for ship inspections is incorporated.
* Commission Implementing Regulation (EU) 2022/91 on criteria for determining ships producing reduced waste quantities and managing waste sustainably is incorporated.
* Commission Implementing Regulation (EU) 2022/92 on monitoring data methodologies and reporting formats for passively fished waste is incorporated.
* **Authentic Language Texts:**
* The Icelandic and Norwegian language texts of Implementing Regulations EU 2022/89, EU 2022/90, EU 2022/91 and EU 2022/92 are authentic and will be published in the EEA Supplement to the Official Journal of the European Union.
* **Entry into Force:**
* The decision entered into force on December 10, 2022, provided that all notifications under Article 103(1) of the EEA Agreement have been made, or on the day of the entry into force of Decision of the EEA Joint Committee No 191/2022 of 10 June 2022, whichever is the later.
* **Publication:**
* This Decision will be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Impact Analysis:
* **Ship Operators/Owners:**
* Impact: Subject to new rules regarding waste management, storage capacity, risk-based inspections, and sustainable waste handling practices.
* Action Required: Comply with the requirements of Regulations EU 2022/89, EU 2022/90, EU 2022/91, and EU 2022/92 regarding waste management, reporting, and potential inspections.
* **Port Authorities:**
* Impact: Responsible for ensuring sufficient dedicated storage capacity and handling of ship-generated waste in accordance with the new regulations.
* Action Required: Implement and enforce the requirements of Regulation EU 2022/89 related to providing sufficient storage capacity.
* **EEA Member States:**
* Impact: Required to incorporate the new regulations into their national legislation and ensure their effective implementation.
* Action Required: Amend national laws to reflect the requirements of Regulations EU 2022/89, EU 2022/90, EU 2022/91, and EU 2022/92.
* **European Parliament and Council:**
* Impact: Indirectly affected through the application of their Directive EU 2019/883.
* Action Required: No direct action required; the regulations serve to implement the Directive.
Key Entities Referenced
Commission Implementing Regulation EU 2022/89: A regulation laying down rules for the application of Directive EU 2019/883 regarding the method for calculating sufficient dedicated storage capacity.
Commission Implementing Regulation EU 2022/90: A regulation laying down rules for the application of Directive EU 2019/883 regarding the detailed elements of the Union risk-based targeting mechanism for selecting ships for inspection.
Commission Implementing Regulation EU 2022/91: A regulation defining the criteria for determining that a ship produces reduced quantities of waste and manages its waste in a sustainable and environmentally sound manner in accordance with Directive EU 2019/883.
Commission Implementing Regulation EU 2022/92: A regulation laying down rules for the application of Directive EU 2019/883 as regards monitoring data methodologies and the format for reporting passively fished waste.
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
EEA Agreement: The Agreement on the European Economic Area.
Annex XIII Transport to the EEA Agreement: The specific annex of the EEA Agreement that is being amended by this decision, related to transport.
Directive EU 2019/883: A directive of the European Parliament and of the Council concerning port reception facilities for the delivery of waste from ships.
L 164/88 EN Official Journal of the European Union 29.6.2023
DECISION OF THE EEA JOINT COMMITTEE No 340/2022
of 9 December 2022
amending Annex XIII (Transport) to the EEA Agreement [2023/1282]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98
thereof,
Whereas:
(1) Commission Implementing Regulation (EU) 2022/89 of 21 January 2022laying down rules for the application of
Directive (EU) 2019/883 of the European Parliament and of the Council as regards the method to be used for the
calculation of sufficient dedicated storage capacity(1)is to be incorporated into the EEA Agreement.
(2) Commission Implementing Regulation (EU) 2022/90 of 21 January 2022laying down rules for the application of
Directive (EU) 2019/883 of the European Parliament and of the Council as regards the detailed elements of the
Union risk-based targeting mechanism for selecting ships for inspection(2) is to be incorporated into the EEA
Agreement.
(3) Commission Implementing Regulation (EU) 2022/91 of 21 January 2022defining the criteria for determining that a
ship produces reduced quantities of waste and manages its waste in a sustainable and environmentally sound manner
in accordance with Directive (EU) 2019/883 of the European Parliament and of the Council(3)is to be incorporated
into the EEA Agreement.
(4) Commission Implementing Regulation (EU) 2022/92 of 21 January 2022laying down rules for the application of
Directive (EU) 2019/883 of the European Parliament and of the Council as regards monitoring data methodologies
and the format for reporting passively fished waste(4)is to be incorporated into the EEA Agreement.
(5) Annex XIII to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following points are inserted after point 56i (Directive (EU) 2019/883 of the European Parliament and of the Council)
of Annex XIII to the EEA Agreement:
‘56ia. 32022 R 0089: Commission Implementing Regulation (EU) 2022/89 of 21 January 2022laying down rules for the
application of Directive (EU) 2019/883 of the European Parliament and of the Council as regards the method to be
used for the calculation of sufficient dedicated storage capacity (OJ L 15, 24.1.2022, p. 1).
56ib. 32022 R 0090: Commission Implementing Regulation (EU) 2022/90 of 21 January 2022laying down rules for the
application of Directive (EU) 2019/883 of the European Parliament and of the Council as regards the detailed
elements of the Union risk-based targeting mechanism for selecting ships for inspection (OJ L 15, 24.1.2022, p. 7).
56ic. 32022 R 0091: Commission Implementing Regulation (EU) 2022/91 of 21 January 2022defining the criteria for
determining that a ship produces reduced quantities of waste and manages its waste in a sustainable and
environmentally sound manner in accordance with Directive (EU) 2019/883 of the European Parliament and of the
Council (OJ L 15, 24.1.2022, p. 12).
(1) OJ L 15, 24.1.2022, p. 1.
(2) OJ L 15, 24.1.2022, p. 7.
(3) OJ L 15, 24.1.2022, p. 12.
(4) OJ L 15, 24.1.2022, p. 16.29.6.2023 EN Official Journal of the European Union L 164/89
56id. 32022 R 0092: Commission Implementing Regulation (EU) 2022/92 of 21 January 2022laying down rules for the
application of Directive (EU) 2019/883 of the European Parliament and of the Council as regards monitoring data
methodologies and the format for reporting passively fished waste (OJ L 15, 24.1.2022, p. 16).’
Article 2
The texts of Implementing Regulations (EU) 2022/89, (EU) 2022/90, (EU) 2022/91 and (EU) 2022/92 in the Icelandic and
Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 10 December 2022, provided that all the notifications under Article 103(1) of the
EEA Agreement have been made*, or on the day of the entry into force of Decision of the EEA Joint Committee
No 191/2022 of 10 June 2022(5), whichever is the later.
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European
Union.
Done at Brussels, 9 December 2022.
For the EEA Joint Committee
The President
Kristján Andri STEFÁNSSON
* No constitutional requirements indicated.
(5) OJ L 267, 13.10.2022, p. 43.