Regulation (2014:1073) On Producer Responsibility For Packaging

Original Language Title: Förordning (2014:1073) om producentansvar för förpackningar

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:1073

§ 1 the aim of this regulation is to



1. packagings shall be prepared in such a way that their

volume and weight be limited to the level required to

maintain a good level of safety, hygiene,



2. producers shall take responsibility for packaging when they become

waste,



3. packaging waste shall be disposed of at a health and

environmentally sound manner, and



4. reach the targets for recycling.



section 2 of this regulation is notified pursuant



— Chapter 15. section 6 of the environmental code in terms of § 37,



— Chapter 15. section 7 of the environmental code in the case of 34-36, paragraphs 51 and 52,



— Chapter 15. 7 a of the environmental code in respect of 37 to 42, 47, 48, 50,

53-54, 60 and 61 § §,



— Chapter 15. section 9 of the Environment Act in terms of sections 55 to 58,



– Chapter 8. section 11 of the Constitution in terms of section 63, and



– Chapter 8. section 7 of the Constitution in the case of other

provisions.



paragraph 3 of the rules relating to the municipality shall be responsible

for transport, recovery and disposal of

household waste is in chapter 15. section 8 of the environmental code. This responsibility

restricted by that regulation only in respect of waste

be provided to any person by virtue of this regulation, the gather

in the waste.



section 4 Provisions on the obligation to sort out

packaging waste from other waste and where to submit

packaging waste, see 24 (a) and 24 (b) § §

Waste Regulation (2011:927).



Expression of the regulation



section 5 with the packaging referred to in this regulation cover a product that

has been made to



1. contain, protect, or present a product or to

be used to deliver or otherwise manage a

be, from raw materials to processed goods, from the producer

for users, if the product is a



a) consumer packaging by it at the point of sale

constitute a sales unit to the final user or

the consumer of the product,



(b)) group by the packaging at the point of sale

includes a group of a certain number of sales units and can be

Delete without prejudice the product or products, whether

sell the units sold as such a group to the final

the user or consumer or whether the product only

is used as an adjunct to the shelves at the point of sale,

or



c) transport packaging in that it facilitates management

and transport of a number of sales units or

Group packaging to prevent damage during physical

handling or transport damage, or



2. as a disposable item used in such purpose as set out in

1.



section 6 of the producer for the purposes of this regulation, the

Professional manufacture, sell or to Sweden for a

packaging or an article which is enclosed in or is protected

or presented by a pack.



7 § With packaging waste as referred to in this regulation

packaging material, or packaging material which is waste within the meaning of

15. section 1 of the environmental code.



section 8 of this regulation, '



collect: download or receive packaging waste as well as

sorting, storing or otherwise handling it downloaded or

received the waste before it is transported on to

treatment, and



collection systems: professional collection of

packaging waste.



section 9 for the purposes of this regulation,



reuse: take an action which means that anything that is not

have become waste can be used again to fill the same

function as originally intended,



Recycle: managing waste in such a way that it

prepared to be reused or benefit

as a substitute for other materials or are prepared to

be used as a substitute for other materials,



disposal: dispose of any waste without

recycle it, or leave it to someone who collects or

carrying it off, and



treat: recycle or dispose of.



10 § With recycling targets referred to in this regulation

recycling of waste by reprocessing in a

production process of the waste materials for the media

original purpose or for other purposes. Such

reprocessing with biological treatment, for the purposes

the regulation is considered recycling.



For the purposes of this regulation, energy recovery

not considered recycling.



section 11 of the energy extraction for the purposes of this regulation, recycling

of waste through the use of combustible packaging waste

to generate energy through direct incineration with or

without other waste but with the use of heat.



section 12 With biological treatment referred to in this regulation cover a

aerobic (oxygen) or anaerobic (non-oxygen-consuming)

treatment of the biodegradable parts of a

packaging waste, if the treatment



1. takes place under controlled conditions and using

of micro-organisms, and



2. means that stabilized organic residues or

methane is produced.



For the purposes of this regulation, disposal of

waste is not considered a biological treatment.



Scope of application



section 13 of this Regulation shall



1. does not apply to road containers, railway containers,

maritime containers or cargo containers,



2. in the case of 1 § 1-3, 2-4, 13, 16, 17, 19, 20, 22 and 64 sections not

apply to bottles or cans that are covered by the

Ordinance (2005:220) if the return system for plastic bottles and

metal cans, and



3. in the case of 37-50, 53-57, 60 and 61 sections do not apply to

packaging due to its former or remaining

contents constitute hazardous waste according to the waste regulations

(2011:927).



Targets for recycling



section 14 of the provisions of sections 15 to 23, enter the destination for

recycling. To calculate the number of objectives and targets,

that is the amount of waste materialutnyttjats

in a calendar year (materialutnyttjandemängden) by

with the number that corresponds to the amount of packaging that has

made in Sweden or introduced to Sweden during the same

calendar year (volume). The quantities shall be expressed in weight.

In calculating the quantity of production is not such

packaging professional exported from Sweden.

The result of the Division is materialutnyttjandegraden, which

shall be expressed as a percentage.



In computing, waste has been transported to a

non-EU country is considered recycled only if it is shown

the waste materialutnyttjats under conditions that

corresponds to the requirements of this regulation.



section 15 in respect of all packaging waste is the goal of before the

1 January 2020, materialutnyttjandegraden be at least 55

% and then at least 65 per cent.



section 16 of the terms of packaging waste, cardboard, paper, cardboard

and corrugated cardboard is the goal that by 1 January 2020,

materialutnyttjandegraden be at least 65% and then

at least 85 percent.



17 § in the case of plastic packaging not

beverage packaging, the goal is that before January 1, 2020

materialutnyttjandegraden be at least 30 percent and then

at least 50 percent.



section 18 in relation to packaging waste that is

beverage packaging of polymeric materials, the goal is to

materialutnyttjandegraden should be at least 90 per cent.



19 § in the case of glass packaging, the goal is that the

on 1 January 2020, materialutnyttjandegraden be at least

70 percent, then at least 90 percent.



20 § in the case of packaging waste of metal which is not

beverage packaging, the goal is that before January 1, 2020

materialutnyttjandegraden be at least 70 percent and then

at least 85 percent.



section 21 in respect of the packaging waste is

metal beverage packaging, the goal is to

materialutnyttjandegraden should be at least 90 per cent.



section 22 in respect of packaging waste of wood, the goal is to

materialutnyttjandegraden should be at least 15 percent.



section 23 in respect of packaging waste of material other than the

as indicated in paragraphs 16 to 22, the goal is to materialutnyttjandegraden

should be at least 15 percent.



The assessment of whether a product is a Pack



section 24 a product shall be considered to be packaging under this

Regulation concerning the product has the features set out in article 5 of

Although the product also has other features.



The first subparagraph shall not apply where:



1. the product is an integral part of the product

surrounds, protects or presents,



2. the product is needed to cover, support or preserve

the product throughout its whole life, and



3. all elements are intended to be used, consumed or

disposed of together.



section 25 for the purposes of section 24, the following kinds of products

packaging:



1. flower pots intended only for sale and

transportation of plants and are not intended to accompany the plant

throughout its life,



2. cd-spiders on sale with CDs and are not intended

for storage,



3. glass vials for injection solutions,



4. the capsules used in coffee-, cocoa-or

milk beverage systems or other beverage systems and provided

empty after use,



5. coat hanger which is marketed with a garment,



6. konfektaskar,



7. plastic foil around a cd case,



8. mail bags intended for catalogs and magazines and

that includes a magazine,



9. rolls, tubes and cylinders which flexible material is

strap remaining on, though not rolls, tubes or cylinders that are

intended as parts of a production equipment and that do not

used to present an article as a sales unit,



10. sterile barrier system in the form of bags, trays or other

materials required to maintain the sterility,



11. doilies marketed with a pastry,



12. matchboxes,



13. refillable steel cylinders of gas, however, did not

fire extinguishers, and




14. products other than those specified in 1 to 13, if the products

meets the criteria to be considered as packages.



for the purposes of section 26 section 24, the following kinds of products

not be considered to be packaging:



1. flower pots intended to stay with the plant throughout

its life,



2. cd, dvd and video cover marketed containing

CDs, DVDs, or videos,



3. cd-spiders sold empty and intended for

storage,



4. grave lanterns that are containers for candles,



5. coffee capsules for beverage system, foil bags of coffee and

coffee pads of filter paper that is discarded along with the

use the coffee product,



6. coat rack sold separately,



7. sausage skins,



8. mechanical kvarnsystem that are integrated in refillable

containers refillable pepper Mills,



9. printer cartridges,



10. tea bags,



11. water soluble bags for detergents,



12. wax layers around cheese, for example,



13. tool boxes, and



14. products other than those specified in 1 to 13, if the products

does not meet the criteria to be considered to constitute packaging.



section 27 a product shall be considered to be packaging under this

Regulation, if the product is designed and intended to

be filled at the point of sale and fill out a

packaging function.



If a disposable item is filled when it is sold at

the point of sale, shall also be considered a Pack

According to this regulation.



section 28 for the purposes of section 27, the following kinds of products

packaging:



1. foil laminate,



2. carries bags of paper or plastic,



3. paper plates and single-use cups,



4. plastic foils,



5. plastic foils for the washed clothes in laundries,



6. sandwich bags, and



7. products other than those specified in 1 to 6, if the products

meets the criteria to be considered as packages.



section 29 for the purposes of section 27, the following kinds of products

not be considered to be packaging:



1. baking paper marketed without content,



2. disposable cutlery,



3. mixer,



4. wrapping paper sold separately,



5. cake paper marketed without the pastries, and



6. products other than those specified in 1 to 5, if the products are not

meets the criteria to be considered as packages.



section 30 of the packaging components and ancillary elements

integrated into packaging shall be counted as part of the

packaging in which they are integrated. Child elements

who is hanged on or attached to a product and which perform a

packaging function shall be considered to be packaging under the

This regulation.



The first subparagraph shall not apply to packaging components or

child elements that are fixed parts of the product, if any

parts are intended to be consumed or disposed of

together.



section 31 for the purposes of section 30, the following kinds of products

considered to be part of the packaging:



1. measuring cup that forms part of the container closure on

packaging for cleaning products,



2. Staples,



3. mascara brushes that are part of the package

closure,



4. mechanical kvarnsystem that are integrated in the filled

non-returnable as pepper Mills filled with pepper,



5. plastmanschetter,



6. sticky labels attached to another

contents of the object, and



7. products other than those specified in 1 to 6, if the products

meets the criteria to be considered as part of

packaging.



32 § labels hung directly on or attached to a product

for the purposes of section 30 of the packaging.



33 § Radio frequency identification tags (RFID tags) should

for the purposes of section 30 is not considered to be packaging.



Producer responsibility for packaging design



section 34 for the purposes referred to in paragraph 1, a producer make sure

to the packaging producer manufactures, sells or

insert into Sweden are designed, produced and marketed on a

such a way that they are reusable or recyclable

so that



1. emissions of harmful substances is minimized when

packaging waste is processed, and



2. the impact on the environment in General is limited when

packaging waste or residues from management of

packaging waste to be disposed of.



35 § 34 shall, for the purposes of section a package is considered

reusable if its physical properties and design makes

It is possible to



1. in normally predictable conditions of use

reuse packaging several times,



2. treat the used packaging in accordance with the hygiene-

and safety requirements for workers, and



3. recycle the packaging when it is no longer used.



36 for the purposes of § § 34 shall be regarded as a packaging

recyclable through



1. recycling, if the packaging is produced in a

such a way that it is possible to make use of a particular

percentage by weight of the packaging material for the production of

marketable products,



2. energy recovery, if the packaging waste has a minimum

calorific value to provide optimal energy extraction, or



3. composting, whether the packaging waste is biological

biodegradable to such an extent that it does not prevent separate

collection or impede the composting process or

composting activity into which it is introduced, and is of

such a nature that it is capable of undergoing physical, chemical, thermal

or biological decomposition such that most of the time

of the finished compost ultimately decomposes into carbon dioxide,

biomass and water.



Producer responsibility for packaging waste management



37 § When a producer professionally manufactures, sells or

to Sweden for a package or a product that is

contained in or protected or presented by a

packaging manufacturer



1. provide a collection system which means that

the packaging is taken care of when it becomes waste and ensure that

the system meets the requirements of this regulation, or



2. ensure that anyone else who has a permit under section 38 that

operate a collection system has committed itself to take care of

the packaging when it becomes waste.



Collection systems



38 § authorisation to drive a

collection system.

Permission is not required for



1. a municipality's collection of packaging waste in the municipality,

or



2. collection of segmentation packaging waste generated in

or in connection with professional activities.



39 § A collection system that requires a permit under section 38

shall be appropriate and nationwide.



For a system to be considered appropriate,



1. in the system include



a) easily accessible collection points where it has used

a pack and want to leave it as packaging waste can

do it easily and without having to pay anything to

the system,



(b)) a service which means that the system without charge

Download or receive packaging waste that the municipality has

collected,



c) a service which means that anyone who has collected

packaging waste generated in a professional activity may

leave the waste into the system without having to pay anything

to the system, and



d) a service provided by means other than households receive such

information referred to in paragraph 58,



2. the exercise be carried out in such a way as not to hamper

recycling,



3. the packaging waste collected is treated on a

health-and environmentally sound manner,



4. the activities conducted to effectively contribute to the

reach targets for recycling of this regulation,



5. There may be a reassuring security equal to

the cost to collect and process such

packaging waste system to take care of as a

such a commitment as referred to in section 37;



6. the operator of the system interact with others who have

permission to operate collection system on how costs for

the management of packaging waste collected,

distributed,



7. the operator give producers the opportunity to let

packaging is covered by the system without conditions

discriminate against any producer, and



8. the rest of the system operated in the health-and environmentally

acceptable way.



For a system to be considered nationwide, the system

be collection points in each municipality with a geographical

spread within the municipality that are reasonable in the light of

population density, location and other activities

circumstances.



40 § when assessing if a collection system shall be deemed to

appropriate and nationwide shall take account of the coming

presented at the consultation pursuant to §§ 42 and 54.



Preparatory consultation on collection systems



41 § anyone who intends to operate a collection system, before

the applicant for an authorization under section 38 shall consult with other

authorised to drive the collection systems and in the

the consultations explored coordinate systems.



42 § anyone who intends to operate a collection system, before

the applicant for an authorization under section 38 shall consult with

municipalities and in the consultation



1. a detailed statement of how the system should be organised and

operated,



2. a detailed statement of how the system should be coordinated with

other collection systems that have State and with local government

waste management obligation,



3. give an account of the dispenser, licences and permits available

or to search for activities, and



4. explore opportunities municipalities have to facilitate

the construction of the system by assigning locations for

collection or take other measures.



The local authority should be given the opportunity to comment on

the statement referred to in the first subparagraph 1 – 3.



Examination of an application for a licence to operate a

collection systems



§ 43 questions about the authorization pursuant to § 38 examined by

The environmental protection agency.



section 44 an application for authorization must be in writing and must contain the

data




1. the applicant's name, contact details and personal or

registration number or, if one does not exist, the applicant's

national or European tax identification number,



2. about how the collection system should be designed and operated,



3. about how by collateral shall be held for the costs

associated with collecting and treating it

packaging waste system to take care of as a

such a commitment as referred to in section 37;



4. what has emerged during consultations under paragraph 42, and



5. otherwise required for a determination of whether the system is

appropriate and nationwide according to § 39.



45 § an authorisation may be granted only to those who



1. have the human, technical, organizational and economic

ability to operate a collection system which meets the

the requirements of section 39,



2. is a producer or according to § 37 2 has committed to take

care of packaging waste, and



3. have consulted pursuant to § 42.



46 § a condition should be reconciled with the conditions necessary for

the collection system throughout the State time to

comply with the requirements of section 39.



Corresponding authorisation in other countries



47 § The program in another country within the European Union or the European

economic area have the right to collect

packaging waste, according to a State or other

approval granted in that country (foreign State) may,

instead of applying for a licence pursuant to § 38, request

The environmental protection agency considers whether the foreign State

corresponds to an authorisation pursuant to § 38 and meets the requirements of

39 section.



section 48 If a foreign state corresponds to a condition

According to § 38 and meets the requirements of section 39, the Swedish environmental protection agency

decide that the foreign State applies as a

the authorisation required under paragraph 38.



Information about given permit



section 49 the environmental protection agency will inform the public about who

under section 38 or 48 has a licence to operate a

collection system.



Operation of a collection system



section 50 of the operator of a collection system shall



1. continuously ensure that the system meets the requirements of 39

§,

2. inform the environmental protection agency if such

changes in the system which might affect the assessment of how

the system meets the requirements of section 39,



3. inform the environmental protection agency about what comes up

at the consultation under section 54, and



4. provide information to the City Council that it needs to

comply with the requirements of § 58 of this regulation and in article 76

Waste Regulation (2011:927).



51 § the operator of a collection system shall, by 31

March each year to the environmental protection agency to leave



1. details of the producers that allows packaging

covered by the system of identifying each producer's person-

or registration number, or if one does not exist,

the producer's national or European

tax identification number,



2. information on the total amount of packaging that the

producers as referred to in 1 Professional has made in

Sweden or brought into Sweden during the almost

preceding calendar year, excluding packaging

professionally carried out from Sweden,



3. in the case of the packaging waste is managed by

system, data on the amount of waste during the almost

preceding calendar year,



a) collected,



b) treated in Sweden,



c) transported to another country for treatment, and



d) treated in a foreign country, and



4. information that otherwise is required to report to the

The European Commission in accordance with

Council Directive 94/62/EC of 20 december 1994 on the

packaging and packaging waste in the wording as

Commission Directive 2013/2/EU.



Details of the quantities referred to in the first subparagraph shall be indicated by weight.

Information referred to in the first subparagraph 3 (b) and (d) shall be specified in

how much is materialutnyttjats, how much has

recovered by other means, and how much has

disposed of.



section 52 as regards the fulfilment of the objectives of this regulation

for such packaging waste exported from Sweden to

a non-EU country, the operator of the collection system

to be able to show that recycling has taken place in the way that

specified in this regulation.



Consultation during operation of a collection system



53 § the operator of a collection system should, if necessary,

consult with others who are licensed to drive

collection system on how the systems can be coordinated.



54 § the operator of a collection system should, if necessary,

or if a municipality requests it, consult with the municipality of



1. how the system is organized and operated,



2. how the system is coordinated with other collection systems and

municipal waste management obligation, and



3. other significant matters relating to the system.



Collection of packaging waste in the municipality



section 55 a municipality may collect segmentation packaging waste on

behalf of a collection system which are authorised under

38 §.



section 56 a municipality that collects segmentation packaging waste on

otherwise than in accordance with section 55 shall



1. do it in an appropriate manner, so that the collection does not

complicates the recycling,



2. inform the operator of a collection system with

an authorization pursuant to § 38 of the municipality's collection and how the

takes place, and



3. leave the waste to an authorized collection scheme

According to section 38.



The municipality may require compensation for dropping waste only

If it's between the municipality and the operator of the collection system

There is an agreement for such compensation.



Collection of packaging waste from business activity



57 § Segmentation packaging waste generated in, or in the

connection with professional activities may be collected also on

other than a municipality, and the holder of the permit under section 38, if

the collection is made in such a way so that it does not

hamper the recycling and the collecting



1. make sure that the



a) waste is treated at a health and environmental

acceptable way,



b) conducting waste management so as to effectively contribute

to meet the targets for recycling, and



c) environmental protection agency by 31 March of each year, information

equivalent to those to be provided in accordance with paragraph 51 3

and 4, or



2. leave the packaging waste to a collection system that

have a licence pursuant to § 38 without requesting any payment, if

unless otherwise agreed.



The municipality's responsibility to inform



58 § Municipality shall inform households of



1. requirement of 24 (a) and 24 (b) § § waste regulations

(2011:927) to sort out the packaging waste from other

waste,



2. how the sort should go to,



3. available collection systems,



4. how households can contribute to increased recycling,

and



5. the recovery results that sort of helps.



The municipality shall give the operator a collection system opportunity

to provide feedback on the design.



Reporting



59 § environmental protection agency shall report to the European

Commission in accordance with article 17 of Directive 94/62/EC, in

the wording in the Commission's directive 2/EU.



Review and withdrawal of permits



60 § environmental protection agency may, on its own initiative, review a

authorization under section 38 if necessary to

collection system shall comply with the requirements of section 39.



61 section environmental protection agency may revoke a permit under

§ 38, if the collection system does not meet the requirements of this

Regulation.



A permit may not be withdrawn if the gaps have only

low importance.



Supervision



62 § provisions on supervision, see chapter 26. the environmental code and

in the environmental protection Decree (2011:13). Provisions on the

operational supervisory responsibilities associated with this regulation

see chapter 26. the third subparagraph of paragraph 3 of the environmental code, and Chapter 2. 4,

24, 29 and 30 § § environmental protection regulation.



Authorization



63 § environmental protection agency may provide for

the enforcement of this regulation.



Appeal



64 § provision for appeal, see Chapter 19. paragraph 1 of the third

subparagraph environmental code.



Transitional provisions



2014:1073



1. This Regulation shall enter into force on 1 november 2014.



2. the provisions of section 37 shall apply for the first time in the case of

packaging and products which is enclosed in or is protected

or presented by a pack that is manufactured, sold

or brought into Sweden from the end of March 2019.

Regulation (2015:514).



3. the provisions of 38 to 42, 49-54, 60 and 61 § § apply

first time in terms of the collection systems referred to

operated from the end of March 2019. Regulation (2015:514).



4. the provisions of paragraphs 43 to 48 shall apply for the first time in question

If the applications for authorization submitted after the expiry of

March 2018. Regulation (2015:514).



5. the provisions of sections 55 to 57 shall apply for the first time in question

on packaging waste collected after the end of March

2019. Regulation (2015:514).



6. The provision in § 58 shall apply for the first time in the case of

information provided after the end of March 2019.

Regulation (2015:514).



7. For the period before the end of december 2016, at

application of sections 14 to 23 materialutnyttjandegraden is calculated

by the number that represents the amount of waste that has

materialutnyttjats in a calendar year is divided by the number

corresponding to the quantity of waste collected separately

during the same calendar year.



8. The regulation repeals Regulation (2006:1273) if

producer responsibility for packaging.



9. the provisions of §§ 25-27 of the repealed Regulation

still, however, for packaging and products

enclosed in or protected or presented by a

packaging that is manufactured, sold or brought into Sweden

by the end of March 2019. Regulation (2015:514).




10. The provision in section 28 of the repealed Regulation applies

still, however, for loss incurred before the end of

March 2019. Regulation (2015:514).



11. the provisions of sections 29 and 30 of the repealed Regulation

still, however, for packaging waste that has

collected before the end of March 2019. Regulation (2015:514).



12. the provisions of section 31 of the repealed Regulation applies

still, however, for tasks in the calendar years up

until 2018. Regulation (2015:514).