G/TBT/N/SWE/145  
14 December 2022  
(22-9293) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  SWEDEN  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Miljödepartementet (Ministry of the Environment)  
103 33 Stockholm  
Sweden  
m.registrator@regeringskansliet.se  
Name and address (including telephone and fax numbers , email and website 
addresses, if ava ilable) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Kommerskollegium (The National Board of Trade Sweden)  
Box 6803, 113 86 Stockholm  
Sweden  
0046-690 48 00  
1535@kommerskollegium.se  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN  where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Packaging.  
5. Title, number of pages and language(s) of the notified document:  Draft 
Ordinance amending the Ordinance (2022:1274) on producer responsibility for 
packaging ; (1 page(s), in Swedish)  
6. Description of content:  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 s ales 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 ho w 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 pro ducers selling through the intermediary.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Producer responsibility means that producers manufacturing, importing or 
selling a product in Sweden must provide or use a produ cer 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 chall enge, as it is difficult to ensure that 
producers outside Sweden fulfil their obligations under national producer responsibility, G/TBT/N/SWE/145  
 
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  and the waste generated by e -commerce or other distance selling will, in practice, be 
collected in many cases by a producer re sponsibility 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 pack aging 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.; Protection of the environment  
8. Relevant documents:   
https://ec.europa.eu/growth/tools -
databases/tris/index.cfm/en/search/?trisaction=search.detail&year=2022&num=604&m
Lang=EN  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  1 June 2023  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
National Board of Trade (for Articles 10.1 -3) 
Swedish WTO -TBT Enquiry Point 
Kommerskollegium  
Box 6803  
Stockholm  
Tel: +(46 8) 690 48 00  
Fax: +(46 8) 690 48 40  
Email: registrator@kommerskollegium.se  
Website: www.kommerskollegium.se  
https://ec.europa.eu/growth/tools -
databases/tris/en/search/?trisaction=search.detail&year=2021&num=392  
https://members.wto.org/crnattachments/2022/TBT/SWE/22_8558_00_x.pdf