Notification Detail

Ordinance amending the Ordinance (2018:1462) on producer responsibility for packaging

Notification Number: 2021/392/S (Sweden )
Date received: 29/06/2021
End of Standstill: 30/09/2021 ( 30/12/2021)

Issue of detailed opinion by: Commission
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Message 002

Communication from the Commission - TRIS/(2021) 02391
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2021/0392/S

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 202102391.EN)

1. Structured Information Line
MSG 002 IND 2021 0392 S EN 29-06-2021 S NOTIF

2. Member State

3. Department Responsible

Box 6803, 113 86 Stockholm


Tel: 08-690 48 00


3. Originating Department
Regeringskansliet, Miljödepartementet

Fredsgatan 6, 103 33 Stockholm



4. Notification Number
2021/0392/S - S50E

5. Title
Ordinance amending the Ordinance (2018:1462) on producer responsibility for packaging

6. Products Concerned

7. Notification Under Another Act

8. Main Content
In order for a producer to place a packaging on the Swedish market, the packaging shall be recyclable. A packaging shall be considered recyclable if at least 75 percent by weight of the material used in the package can be recycled to sellable materials or sellable products.

The requirement that at least 75 percent of the material in the packaging shall be recyclable shall not apply if the packaging

a) is needed to extend the shelf-life of food to an extent that is not insignificant,

b) is needed to meet the requirements of another statute,

c) to more than 50 percent by weight is made of recycled plastic that is of such low quality that the packaging cannot be recycled, or

d) is a wooden packaging.

When assessing whether a packaging is needed, consideration shall be given to the possibilities that exist to replace the packaging by a packaging that has been made from a material that can be recycled.

In the case of packaging where there are special reasons for using them, the Swedish Environmental Protection Agency may issue regulations stating that they shall be considered recyclable, even if they can only be used for energy extraction, composted or to a lesser extent than 75 per cent can be recycled.

A collection system shall only undertake to take care of a packaging, when it becomes waste, if the system has the technical conditions and sufficient capacity to recycle at least 75 percent by weight of the material used in the packaging to sellable materials or sellable products or if the collection system ensures that another entity with the technical conditions and capacity undertakes to recycle the packaging. A collection system may also undertake to take care of packaging that is subject to the exemption from the requirement that the materials in the packaging shall be recyclable.

9. Brief Statement of Grounds
The purpose of the regulation is to increase the recycling of packaging. Recycling of collected waste from glass, paper and metal packaging and PET bottles works, on the whole, well in Sweden. For this reason, this packaging already meets the requirements in the proposed regulations. However, as a general rule, waste from plastic packaging and packaging made from mixed materials is not recycled to the same extent as packaging made from other materials. For this reason, the purpose of the regulations is primarily to increase the recycling of the material in these types of packaging in order to achieve a transition to a circular economy, thereby reducing the use of the earth’s resources and reducing the effects of consumption on the environment, especially the climate.

The regulations supplement the requirement that a plastic packaging must contain at least 30 percent recycled plastic. The requirement has been notified to the European Commission in accordance with the Notification Directive in a separate notification.

The regulations implement the essential requirements of the Packaging Directive as the requirements are consistent with the waste hierarchy (Article 18 and Annex 2). The regulations are also a condition for Sweden to meet the minimum requirements for material recycling for packaging in the Packaging Directive (Articles 6.1 g i and 6.1 I i).

The regulation does not contain a clause on mutual recognition. This is because the requirements entail the implementation of EU regulations and the fact that the requirements do not prevent material recycling from taking place in another EU country. This is also because it is not enough to achieve the purpose of regulation that a packaging is considered to be recyclable in another EU country, if the packaging waste will ultimately not be recycled there

10. Reference Documents - Basic Texts
No basic texts available

11. Invocation of the Emergency Procedure

12. Grounds for the Emergency

13. Confidentiality

14. Fiscal measures

15. Impact assessment

16. TBT and SPS aspects
TBT aspect


SPS aspect

No - The draft is neither a sanitary nor phytosanitary measure

European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043

Stakeholders Contributions

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Due to the end of standstill we are currently not accepting any further contributions for this notification via the website.

  PlasticsEurope on 24-09-2021
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  DI - Confederation of Danish Industry on 23-09-2021
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Comments on TRIS notification 2021/392/S (Sweden) from Confederation of Danish Industry (DI)

The Confederation of Danish Industry is a firm supporter of the move towards a more circular economy to benefit the environment as well as growth and jobs in Europe. Likewise, we support the Circular Economy Action Plan put forward by the Commission. However, we are also of the firm belief that a well-functioning single market is an absolutely necessary prerequisite for the circular economy. In other words: The stronger the EU Single market, the better for the circular economy.

Therefore, we look with great concern at national legislation regarding packaging and labelling. To preserve the EU Single Market, this legislation must be harmonized.

The member states are currently implementing the new requirements for Extended Producer Responsibility (EPR). DI recommends the Commission to issue regulation on sustainable packaging as well as strong signals to be used when implementing the modulated fees in the extended producer responsibility scheme.

Harmonized EU-regulation om sustainability criteria will serve a dual purpose: firstly, it will make for better quality recycling, and secondly, it will strengthen the Single market, relieving companies of having to produce specifically for specific member states with national regulation on packaging.

Kind regards,

Louise Bünemann, 

Head of EU environmental policy

Confederation of Danish Industry (DI)