SWEDEN Law and Practice Contributed by: Tove Andersson, Anders Linnerborg, Sara Eriksson and Ellen Lewin, Setterwalls Advokatbyrå AB
respective contributions to the contamination. How- ever, under certain circumstances, contractual agree- ments can be taken into account. 12.4 Proceedings Against Polluters Any member of the public can initiate a supervisory matter which can lead to proceedings against pollut- ers/landowners/occupiers by those affected by con- tamination. Anyone can also report an environmental crime and, if affected by the crime, be plaintiff in a criminal case. Affected parties can also bring civil claims for dam- ages against parties responsible for contamination in accordance with Chapter 32 of the Environmental Code (see 5.3 Key Defences ). 12.5 Investigating Environmental Accidents Supervisory authorities play a key part in the inves- tigation process. Investigations involve some form of incident reporting followed by site inspections or other investigations aimed at identifying causes and responsible parties while ensuring that correc- tive measures and/or preventative actions are taken accordingly. Chapter 26 of the Environmental Code contains provisions that can be applied by supervisory authorities to impose requirements for investigations and examinations of suspected contamination on those responsible. 13. Climate Change and Emissions Trading 13.1 Key Policies, Principles and Laws Sweden adopted a climate policy framework in 2017, consisting of a Climate Act, a Climate Policy Coun- cil, and climate goals according to which Sweden is to achieve net-zero emissions by 2045. The Climate Act entails an obligation for the government to pursue a policy based on the climate goals and to regularly report on progress. According to the Climate Act, the government must develop a climate policy action plan every four years to show how its policies contribute to achieving the emission targets. The first climate action plan was submitted in 2019 and the second one in 2023.
As an EU member state, Sweden is a part of the EU emissions trading system (EU ETS). The system has been progressively expanded and now includes not only industrial and energy installations and aviation, but also maritime transport. From 1 January 2025, a separate emissions trading system (ETS 2) was intro- duced, covering fuel suppliers for buildings, road transport and certain other sectors. In Sweden, the EU ETS currently encompasses approximately 750 industrial and energy facilities, around 49 shipping companies and around ten airlines. With the imple- mentation of ETS 2, a significantly larger number of operators – particularly fuel suppliers for buildings and road transport – will be required to hold and surrender emission allowances equivalent to their emissions, in accordance with the latest amendment to the EU ETS Directive and corresponding Swedish legislation. This expansion is expected to further reinforce the role of emissions trading as a central element of both Swed- ish and EU climate policy from 2025 onwards. The emissions trading under ETS 2 will start in 2027. However, on 1 January 2025, requirements for permits for greenhouse gas emissions were introduced, and emissions must be monitored and reported. 13.2 Targets to Reduce Greenhouse Gas Emissions The long-term goal is that Sweden should have no net emissions of greenhouse gases into the atmosphere by 2045 and thereafter achieve negative emissions. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs There is legislation aimed at minimising the use of and impact from asbestos and PCBs. Asbestos and PCBs are regulated by environmental and occupational health and safety laws. The regulation (2007:19) on PCBs etc prohibits the handling of PCB goods, with certain exceptions, and imposes requirements for the notification and decontamination of equipment con- taining PCBs. The municipalities, county administra- tive boards and the Swedish Environmental Protection
404 CHAMBERS.COM
Powered by FlippingBook