Commission Implementing Regulation (EU) 2022/89 of 21 January 2022 laying 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 (Text with EEA relevance)

1 Member States shall calculate the sufficient dedicated storage capacity for the application of Article 7(4), points (a) and (b), and Article 9 of Directive (EU) 2019/883 by using the method set out in Annex I to this Regulation.

2 For the purpose of verifying the information provided in accordance with Annex 2 to Directive (EU) 2019/883, by estimating the on-board generation of different waste types, Member States shall take into account the waste generation rates set out in Annex II to this Regulation.

3 In addition to the waste generation rates set out in Annex II to this Regulation, Member States may use one or both of the following criteria to determine estimates for the on-board generation of different waste types: (a) historic records for generated waste, based on advance waste notification forms and waste delivery receipts available for the ship in question; (b) on-board inspections obtaining information on previous waste generation rates, details of on-board waste management and equipment specific or trading area specific information affecting the actual waste generation rate.

The method for calculating the sufficient dedicated storage capacity, set out in Annex I to this Regulation, shall not be applicable to the following waste types: (a) waste types under Annex II to the MARPOL Convention; (b) passively fished waste.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.