The why, what and how, specifically talking about the SUP Directive.
Malin discusses how the Single-Use Plastics (SUP) Directive was landed in Sweden with Anna Cedrum and Malin Johansson, responsible for the implementation of the SUP in Sweden and working at the Ministry of Environment. The talk is framed around these questions:
Q1. What’s the base for the directive? (01:24)
Q2. For how long did the negotiations run? (01:54)
Q3. What followed then after the negotiations? (03:10)
Q4. So putting it in the Swedish context, what did you do? (03:50)
Q5. So, it’s been a long process of defining the how and getting to the output level of where we are today? (05:09)
Q6. Have you been dealing with a lot of different inputs and opinions? (07:07)
Q7. It seems like it is a short time frame in Sweden? (07:45)
Q8. How does it work when you go to the parliament? (08:54)
Q9. Are there any steps left for implementing the SUP directive? (09:46)
Q10. How is the SUP directive linked to business? (10:28)
Q11. How does awareness-raising work in the SUP directive? (11:56)
Q12. Does all of this go through the Swedish Environmental Protection Agency? (13:15)
Q13. What about the fine that’s quite unique for Sweden? (13:52)
Credits
Artwork: Giancarlo Mitidieri
Jingle: Frans Sjöberg
Malin (host):
This is the podcast where we are following the progress of transforming the market on plastic products and packaging in Sweden. Ultimately, moving away from taking, making and wasting to a circular plastics economy. I'm Marlin Leth, I'm the host. And today we have Anna Cedrum and Malin Johansson with us. They are responsible for the implementation of the Single-Use Plastics Directive (SUP) in Sweden and are working at the Ministry of Environment. So if you want to learn more about how the SUP Directive was landed in Sweden, starting off from the EU Commission, and then moving towards the Swedish context, keep on listening. This is a discussion about the why, the what, and the how. Specifically talking about the SUP Directive. So let's start by exploring the why. Anna, what's the base for the Directive?
Anna:
Before introducing the directive from the Commission, the Commission measured the litter on the beaches in the EU, and investigated how many things, different products, that were on the beach. And regulated the most common ones responsible for littering. That was the base for the directive.
Malin (host):
And then negotiations followed. Malin, for how long did the negotiations run?
Malin:
About 10 months, I think, they were running. I think it is one of the shortest negotiations, but it was, almost every week we were there in meetings.
Anna:
We heard that it was one of the most rapid negotiations in the EU, because they wanted to have this directive in place before the elections for the Parliament and the new Commission would take place. So they were very quick, and they had also done surveys with the members in the EU that said that they wanted to address these issues with littering and marine littering.
Malin:
And there was a strong political will in every member state in the EU, I would say, for having this Directive in place. So there was very much of a positive effort from everyone.
Malin (host):
So it started off after seeing the impact of ocean plastic pollution and litter items along the coastlines in the EU. And then negotiations started. So what followed then after the negotiations?
Anna:
The directive was decided by the Parliament and the Council, as they do in the EU. And then in directives, in EU directives, every member state has to transform them into their own legislative process. So it was about two years later, every member state had to make laws in their countries that was in line with the directive.
Malin (host):
Ah, that's also where you have been involved?
Anna:
Yes.
Malin (host):
So taking that from the negotiations and putting it into the Swedish context, what did you do?
Anna:
The SUP Directive is rather special in some ways, because directives mostly aim to harmonize the rules in the EU so they are the same. And it's good for trade and other purposes. But in this case, it also has aims that different countries can do like they want, but they have to fulfil some goals. One example is that the directive says that members states have to take measures to reduce the consumption of cups and food containers. And it doesn't say how you have to do that. You can ban them, you can require reusable options and others. It's up to every member state, how you will reduce the consumption.
Malin (host):
So you have been specifically working with the how?
Anna:
Yes, yes. And that can vary in the different member states in the EU. And that's rather special for EU legislation.
Malin (host):
So it seems like it's been a long process of defining the how, and getting to the output level of where we are today.
Anna:
There are different requirements in the Directive. Some are rather straightforward and there are restrictions on certain products that are banned in all of the EU. So there, we knew right away what to do. But others have this more "how" approach. So Malin and I were responsible for an inquiry investigation, you can say. And the goal for that was to find out how we would implement this in Sweden in the best way. So we had a lot of meetings with different producers and others that have an interest in these things. And also the Swedish EPA helped us to have the more large meetings where we discussed together with different producers and others on how to do this the best way.
Malin:
Yeah. And on top of that, we also had the political deal in Sweden at the time. And where plastic was prioritized, the subject, they were very concerned. And they wanted to have ambitious rules and laws about it.
Malin (host):
Wow. That seems like a long journey.
Anna:
Yes. Maybe it was a little bit more than a year, maybe. And then we put together a report and we sent it on public consultation, and got the view of the different actors that, in fact, have an impact on all these proposals.
Malin (host):
Wow. So then I'm guessing that you have been dealing with a lot of different inputs and opinions?
Anna:
Yes. It has been. There've been a lot of opinions of different sorts on this. Yeah. I think we got more than a hundred responses on our public consultations from different companies and others.
Malin (host):
So a hundred responses. Is it like a lot? Or is it common with a hundred responses?
Malin:
Yes, that's a lot.
Malin (host):
So then thinking back about the discussion we had in the beginning about the timeframe at the EU level and how fast the process was, it also seems like there was quite a fast or short timeframe in Sweden?
Anna:
Yes. Because it says in the Directive, in what timeframe the different members have to take the measures and include them in their legislations. So it was two years later, they were supposed to be in place, all these new laws and ordinances or other legislative measures that you took in your member states. And two years is not very long for finding out the "how", and also put it on public consultation and listen to the actors and then change things so that everyone is as happy as possible. And also, this political agenda that was in the background as well, that we had to check what the Swedish position was.
Malin:
And we also had to go to the Parliament as well as one of the steps. So that took also extra time.
Malin (host):
And how does it work when you go to the Parliament?
Anna:
The laws are decided by the Parliament. And they do that after the proposal, mostly from a proposal, from the government. And then they decide it in the Parliament. But not all new rules are laws. They are mostly ordinances that are decided by the government, but the government can't decide if the Parliament hasn't said that they can do that. They got the mandate from the parliament to decide different things. So these had to be adjusted a little bit, so that we could decide most of these new requirements in ordinances decided by the government.
Malin (host):
And then, I'm thinking, are there any steps left for implementing the SUP Directive? Or are we done?
Anna:
The government decided on 17 ordinances on the 3rd of November (2021), and that's a full implementation of the SUP Directive in Sweden. So everything is in place now.
Malin (host):
Ah, okay. So it's final now as of November this year (2021)?
Anna:
Yeah. It's final, but there are different dates for entering into force the different new requirements. But they are decided, but they aren't in force yet.
Malin (host):
So looking at the implementation, how is the SUP Directive linked to business?
Anna:
There are different products in the directive that are being addressed. But one of the most important things in the directive is that producers of the products that are littering the most, have to pay the costs of cleaning up the products when they are being littered. And that's for packaging and some packaging like cups and food containers and candy wrappers and things. And those types of packaging, and also cigarettes and wet wipes. I think maybe some more products, but they are the most. So now, our legislation on this in Sweden is that they have to pay fees to the Swedish EPA. And the Swedish EPA will distribute them to the municipalities so they can use them for cleaning up the streets.
Malin (host):
And I'm thinking about like concrete activities. And one of them, mentioned in the SUP Directive, is awareness-raising. How does that work in the SUP Directive?
Malin:
It is a central part of the SUP Directive that member states must work with awareness-raising. And in the Swedish implementation, we have made it as a part of the littering fee, the producer littering fee. And then the Swedish EPA will be able to use some of the money from the littering fee to...
Anna:
Share Information about how we're supposed to get rid of different products when they become waste, and how you're not supposed to do littering.
Malin:
Yeah.
Malin (host):
So it's information about how to not throw it away?
Anna:
In short, yes. And also, some other products have to produce it from some other products. They have to take awareness-raising measures by themselves. And it's for example, gums and chewing gums, and fishing gear.
Malin (host):
So does all of this go through the Swedish Environmental Protection Agency, the EPA?
Anna:
No, the Swedish EPA will only have to make awareness-raising measures for those products that are paying this littering fee. So it's those producers that pay for it indirectly through the littering fees. But those products that don't pay this littering fee, they have to take measures by themselves.
Malin (host):
Hmm. And then what about the fine, that's quite unique for Sweden?
Anna:
Yes. The Parliament in Sweden has decided that it will be a crime to litter even the smallest things. Despite, today, it's only a crime if you litter bigger things. So now, on the 1st of January next year (2022), you can have a fine if you litter cigarette butts or chewing gums or candy wrappers or smaller things.
Malin (host):
Mm. So this is specifically targeting, like what you eat or snack on the go, like what you could easily just throw away if you didn't think of it?
Anna:
Yes. Because together they aren't small. There is a lot of littering of small objects, more than bigger ones on the streets. And together, there are plenty.
Malin (host):
Yeah. Like the billions of cigarette butts littering the streets in Sweden every year?
Anna:
Yes. And also, each of them are also a problem because they contain plastic and will stay in the environment for a very long time.
Jane:
This was an introduction about the SUP Directive. If you want to learn more about how business could work to be aligned with the directive, listen to the episode, Plan on the Ban. That's also the episode where Malin and I introduce the assessment tool, Rapid Squid Check. If you have any questions or comments free to send an email to oceanalliance@hsr.se.