Update on EPR regulation in Sweden: Packaging Producer Responsibilities and Compliance Guidelines for 2023

It is important to note that the Swedish government has recently announced an ordinance (2022:1274) regarding producers’ responsibility for packaging. This regulation will be effective from January 1st, 2023.

However, some provisions of this regulation will take effect at a later time.

We will update our guidance to reflect these new regulations.

Who is a producer of packaging?

According to the Swedish regulation on producer responsibility for packaging, a packaging producer is defined as any individual or entity engaged in the professional filling, usage, manufacturing, bringing, or selling of packaging or packaged products within Sweden. This definition includes individuals or entities involved in activities such as filling, using, making, bringing, or selling packaging or packaged products. The regulation applies to all those who conduct these activities within Sweden.

This includes packaging items designed to protect, present, or facilitate the handling of products or items, with the exception of service packaging.

If your business activities fall into any of these categories, it is important to note that you will be considered a producer under the new regulation.

Our team at Lovat is here to provide you with comprehensive guidance and support to ensure that you understand and fulfill your obligations as a packaging producer in accordance with the Swedish regulations.

Read our article on European obligations for e-commerce sellers who pack orders to gain insights into how this impacts your business.

Products covered

The Swedish regulation on producer responsibility for packaging encompasses any single-use item or product that is manufactured for the purpose of

• containing
• protecting
• presenting
• delivering another product.

This includes all stages of production, from raw materials to the final product, and applies to all individuals or entities involved in the production chain, from producers to end-users.

The regulation covers an extensive range of packaging types, including:

• consumer packaging
• group packaging
• transport packaging
• service packaging.

The classification is determined at the point of sale and includes any packaging that constitutes a sales unit for the end-user, comprises a group of sales units, or facilitates handling or transport of products to prevent damage. This includes items made from any material.

Moreover, starting from January 1st, 2023, single-use cups that are sold empty will also be included in this category.

At Lovat, we have in-depth knowledge of these regulations. We can help you navigate through the complexities of packaging compliance. Our expertise ensures your business meets all the necessary requirements.

What you must do

It is essential for producers to fulfil certain responsibilities under the Swedish regulation on producer responsibility for packaging.

1. Contract with eco-operator

Firstly, from November 1st, 2023, you are required to be affiliated with an approved producer responsibility organization.

You must contract with this organization.

A list of approved producer responsibility organizations will be published on the website of the Swedish Environmental Protection Agency.

2. Register

Secondly, as a packaging producer, you must register with the Swedish Environmental Protection Agency before providing packaging in the Swedish market.

When registering with the Swedish Environmental Protection Agency, it is mandatory to provide certain information, which includes:

– the producer’s name

– contact details

– personal or corporate identification number (tax registration number or VAT number if no identification number exists).

Furthermore, producers must also indicate which collection scheme they are affiliated with or which approved producer responsibility organization they have hired (from November 1st onwards).

3. EPR reporting

Thirdly, producers must also submit a yearly report to the Swedish Environmental Protection Agency. This report includes information related to the producer’s usage of packaging for protecting, presenting, or facilitating the handling of a product. It also covers any sales of packaging or packaged products in Sweden. Additionally, it includes information about the manufacturing of single-use cups.

Those affiliated with an approved producer responsibility organization can submit their reports through this organization. However, as a producer, it is your responsibility to ensure the accuracy of the information provided and the timely submission of the report. Therefore, you must take the necessary steps to ensure the collection scheme can submit the information on your behalf.

4. Annual fee

Additionally, producers are also responsible for paying an annual enforcement fee to the Swedish Environmental Protection Agency.

Apply by filling out the form, get your unique EPR number, and pay for the license.

What happens if you non-compliant?

If a producer of packaging does not register, the Swedish Environmental Protection Agency can decide on an injunction directed against the producer. An injunction can be combined with a fine.

Simplify compliance with Lovat’s expert assistance

We are here to support your business in every step of the process. Our services include choosing the most suitable ecosystem for your business. We also assist in registering your company with the Swedish Environmental Protection Agency. Additionally, we help you obtain a certification that confirms your registration as a producer.

We understand the importance of timely and accurate reporting to maintain compliance with the producer responsibility regulations. Therefore, we are dedicated to taking care of filing periodic reports with the Swedish Environmental Protection Agency on your behalf to ensure that the information provided is entirely accurate.

Additionally, we will assist you in paying the annual enforcement fee to the Swedish Environmental Protection Agency. With our comprehensive services, you can rest assured that your business will be fully compliant with the Swedish regulations on producer responsibility for packaging. Our assistance allows you to focus on your core business activities.

Take advantage of our comprehensive services and ensure effortless compliance!