SWEDEN Law and Practice Contributed by: Tove Andersson, Anders Linnerborg, Sara Eriksson and Ellen Lewin, Setterwalls Advokatbyrå AB
Agency can guide operators on questions relating to PCBs and asbestos.
environment, and they must maintain accurate records and documentation. They must also obtain the neces- sary permits and authorisations, which regulate their specific rights and obligations. Violations can have several consequences, such as: • revocation of permits and authorisations; • enforcement and remediation action; • penalties or fines; • lawsuits; or • criminal charges. 16. Environmental Disclosure and Information 16.1 Disclosure and Reporting Requirements Besides general corporate reporting obligations, the following could be mentioned. • Issues may need to be disclosed in connection with environmental control, eg, if the supervisory authority requests certain information during an inspection. Non-disclosure could lead to admin- istrative sanctions or, for some regulated forms of non-disclosure, criminal liability for obstruction of environmental control ( försvårande av miljökontroll ). • Operations and activities covered by environmen- tal permits must submit environmental reports ( miljörapport ) by March 31st each year, in which certain issues must be disclosed. Activities cov- ered by notification requirements may be required to submit annual reports ( årsrapport ). In the event of a missing or late submitted environmental report, an environmental sanction fee will be imposed. Operations and activities covered by environmental permits or notification requirements are obliged to have a certain self-control according to the Ordinance (1998:901) on Self-Control ( förordningen om verk- samhetsutövares egenkontroll ). According to the said ordinance, if an operational disruption or similar event occurs in the business that may lead to inconvenience for human health or the environment, the operator must immediately notify the supervisory authority of this. This is linked to criminal liability.
15. Waste 15.1 Key Laws and Regulatory Controls There are several Swedish laws and regulatory con- trols governing waste. The main provisions on waste are found in Chapter 15 of the Environmental Code and the Waste Ordinance (2020:614) ( avfallsförord- ningen ). 15.2 Retention of Environmental Liability There are situations in which a producer or consignor of waste can retain certain liability after waste has been disposed of by a third party. Producers of waste have specific responsibilities. Furthermore, according to Chapter 5 Section 18 of the Waste Ordinance, any- one who produces or handles waste in a professional activity must ensure that recipients of their waste has made the necessary notifications or holds the required permits for handling the waste. If the waste has not been handed over to someone who is permitted to conduct such operations and assume responsibil- ity for the waste, the original producer or consignor can become responsible, for example, for pollution caused by the disposed waste. 15.3 Circular Economy Requirements There are several rules regulating the responsibilities of producers of goods. The rules are based on the “polluter pays” principle, but the requirements differ for different types of products. Certain rules require the producer to design and label their products in specific ways; others require the producer to collect products once they become waste and to ensure that they are recycled or otherwise disposed of accord- ingly. For some products, the producer is responsible for paying for collection in public systems. 15.4 Rights and Obligations Applicable to Waste Operators Waste operators have a range of rights and obliga- tions under waste management regulations. Opera- tors must comply with regulations governing waste treatment activities which, among other things, ensure that their activities do not harm human health or the
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