Sweden

Have any regulations or guidelines already been implemented?

There is no regulation or guideline concerning the extended liability of textile producers.

The Swedish Environmental Code (1998:808) (“MB”) contains primary provisions on waste and producer liability. As a result of Directive (EU) 2018/851 the Swedish legislator clarified the hierarchy of waste in MB Chapter 2, para. 5 and Chapter 15, para. 10.

‘Producer’ is adjusted to be in line with Directive 2008/98/EC in MB Chapter 15 para., 8 a. This partially implements Article 8(1) of such Directive.

MB Chapter 15, para 9 incorporates Article 3(21) of Directive (EU) 2018/851 by establishing a definition for “extended producer responsibility scheme” in line with such Directive. MB Chapter 15, para 9 also includes a definition for an “extended producer responsibility organisation” which can take on the responsibilities of producers under certain, yet to be decided, requirements.

The bulk of legislative change as a result of Directive (EU) 2018/851 is in MB Chapter 15, paras. 12-13, 15-17, 21; and MB Chapter 29, para 4. These provisions allow for the Government or a government agency (in contrast to the Parliament) to provide specifying legislation incorporating the requirements of Directive (EU) 2018/851.

Is there any upcoming relevant legislation or guidelines? 

What is the timeline for implementation?

The changes made in Swedish legislation because of the Directive (EU) 2018/851 allow for the Government or its agencies to introduce legislation and guidelines relating to the extended producer responsibility.

Currently, there are no indications of such activity being conducted.

What are the general rules?

N/A

What are the products involved?

N/A

What are the enforcement measures and sanctions in case of violation?

There are no enforcement measures and sanctions introduced for the producers of textile waste.

Unauthorized environmental activity, meaning to commence or carry out an activity or take an action without a permit or authorization or without having made a notification in accordance with the (future) legislation relating to extended producer responsibility organizations can be sentenced to a fine or up to 2 years of prison according to MB Chapter 15, para 4.

Further enforcement measures and sanctions in case of violation are likely to be introduced by the government or government agencies according MB Chapter 15.

Which are the responsible authorities or bodies?

The Swedish Environmental Protection Agency (Swe Naturvårdsverket) is the authority responsible for waste and is therefore expected to provide specifying legislations in accordance with MB Chapter 15.