Notification Detail | TRIS - European Commission

Draft Ordinance amending the Ordinance (2022:1274) on producer responsibility for packaging

Notification Number:

2022/0604/S (Sweden)

Date received:

07/09/2022

End of Standstill:

08/12/2022 (withdrawn)

Draft Text:

SV FI PT GA NL MT CS LT EN DA HU PL SL SK BG HR EL ET ES DE IT LV RO FR

Impact assessment:

SV FR EN DE

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Message

Message 002

Communication from the Commission - TRIS/(2022) 03234
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2022/0604/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: 202203234.EN)
1. MSG 002 IND 2022 0604 S EN 07-09-2022 S NOTIF

2. S

3A. Kommerskollegium
Box 6803, 113 86 Stockholm
Sverige
Tel: 08-690 48 00
epost: 1535@kommerskollegium.se

3B. Miljödepartementet
103 33 Stockholm
Sverige

4. 2022/0604/S - S20E

5. Draft Ordinance amending the Ordinance (2022:1274) on producer responsibility for packaging

6. Packaging.

7. - Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste.

8. A person established in Sweden acting in a professional capacity as an intermediary for distance sales of packaging to end-users in Sweden may only act as such for sales from producers who have provided or used a producer responsibility organisation. The intermediary must provide to the Swedish Environmental Protection Agency their name, contact details, personal identity or corporate identity number and details of how assurances have been made that the producers selling their products through the intermediary have provided or used a producer responsibility organisation. An intermediary may also be a producer representative, i.e. fulfil producer responsibility, for producers selling through the intermediary.

9. Producer responsibility means that producers manufacturing, importing or selling a product in Sweden must provide or use a producer responsibility organisation to take responsibility for the packaging waste. By taking producer responsibility, producers contribute to sustainable development and a circular economy. E-commerce and other distance selling methods pose a particular challenge, as it is difficult to ensure that producers outside Sweden fulfil their obligations under national producer responsibility, and the waste generated by e-commerce or other distance selling will, in practice, be collected in many cases by a producer responsibility organisation in Sweden. The rules on producer responsibility should therefore be designed to ensure fair treatment of all operators and the financing of producer responsibility, regardless of how the goods are distributed.

The purpose of the Ordinance is to reduce the problems surrounding free-riders, i.e. producers who place packaging on the market but do not fulfil their producer responsibility by paying what is known as a packaging fee to a producer responsibility organisation. For any packaging that is covered by producer responsibility and is placed on the Swedish market, the objective with producer responsibility is for there to be at least one producer.

By imposing a requirement on intermediaries, who are established in Sweden and professionally sell to end-users in Sweden, to provide their name, contact details, personal identity or corporate identity number to the Swedish Environmental Protection Agency, and details of how assurances have been made that producers selling their products through the intermediary provide or use a producer responsibility organisation, the number of free-riders under the scheme will be reduced. The Environmental Protection Agency needs this information to be able to exercise supervision. Since the packaging waste is generated in Sweden, it is not sufficient for producers to be affiliated with a producer responsibility organisation in another country. Responsibility must be fulfilled where the waste is generated.

10. No basic texts available

11. No

12. -

13. No

14. No

15. Yes

16. TBT aspect

Yes

SPS aspect

No - The draft is neither a sanitary nor phytosanitary measure

**********
European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu

Disclosed messages

message-id	Year	Number	Country	Type	Title	Date received	Is answer to
114169	2025	3624	SESweden	007	Communication: General Information from the Commission or Member States	16-12-2025
114210	2025	3665	COMEuropean Commission	009	Closure of Information procedure	17-12-2025

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