Single-use plastic products and other disposable products

A single-use product is usually intended to be used only once, or for a short time, before it becomes waste. According to the Single-Use Products Regulation, a single-use plastic product is a product that consists completely or partly of plastic and that has not been designed, constructed or placed on the Swedish market to be reused several times during its life cycle by being refilled or reused for the same purpose for which it was designed. 

A composite product is a product composed of more than one material, one of which may be plastic. In cases where one of the materials in the composite product is plastic, the end product is considered to be partly made of plastic and is covered by the directive. A plastic coating or lining may be applied to the surface of the product to provide protection against water or grease. For example, when paper or cardboard-based disposable products have a plastic lining or coating, this means that the products are partly made of plastic and that they therefore are covered by the Single Use Plastics Directive.

The Single Use Plastics Directive does not set a minimum limit for the plastic content of single-use plastic products for the assessment of whether a product falls within the definition of single-use plastic products. Single-use plastic products listed in the Annex to the Directive are covered by the Directive if they are made completely or partly of plastic as defined in Article 3(1) and (2). This is regardless of whether they are mostly made of plastic or if they are mainly made of another material.

It is possible to assess whether a product is designed, constructed and placed on the market for reuse. Such a product:

• is intended and designed to be used several times before finally being disposed of because it can be used multiple times without breaking or malfunctioning. 
• is perceived and used by consumers usually as a reusable product. 

Product characteristics can help determine whether a product should be considered a single-use or a reusable product. Relevant product characteristics are material composition, washability and reparability, which should allow multiple uses and reuses for the same purpose for which the product was originally designed.

Some single-use plastic products are also packaging. Where a product is both a single-use plastic product (covered by the Single Use Plastics Directive) and packaging (as defined in Article 3(1) of the Packaging and Packaging Waste Directive), the requirements of both Directives must be met. In the event of a conflict between the two directives, the single-use plastics directive shall prevail.

A plastic is defined under the Single Use Plastics Directive as a material consisting of a polymer according to the REACH Regulation, to which additives or other substances may have been added. It can be used as the main structural component of final products. Natural polymers that have not been chemically modified are excluded.

Plastics made from modified natural polymers are covered by the Directive. The same applies to plastics made from bio-based, fossil or synthetic raw materials. Biodegradable plastics and polymer-based rubber articles are also covered by the Directive.

In general, a polymer obtained from an industrial process is defined as a modified polymer even if it occurs naturally in nature. This means that a polymer produced by biosynthesis in synthetic culture and fermentation processes, such as polyhydroxyalkanoates (PHA), is counted as a modified natural polymer.

A polymer that, on the other hand, is produced in nature and then extracted from nature for further processing is counted as a natural polymer. One example is the extraction of cellulose, which is then regenerated into viscose. Viscose and lyocell are therefore excluded from the scope of the Directive. Clarifications to the definition of plastic in the Directive can be found in the Commission's guidance on single-use plastic products. 

EUR-Lex - C:2021:216:FULL - EN - EUR-Lex (europa.eu)

Sweden has chosen to introduce a couple of additional national prohibition. From April 30, 2022, it is prohibited to use confetti containing plastic outdoors. This is because municipalities witness to an increased littering in the form of plastic confetti. It is impossible to clean up confetti and the use of plastic confetti outdoors contributes to the supply of microplastics in nature.

Another national prohibition is that from January 1, 2024, disposable cups containing more than 15% plastic will not be allowed in Sweden. The Swedish Environmental Protection Agency has the authority to issue regulations on exceptions to the prohibition if there are special reasons and has therefore investigated what needs there may be for exceptions to the prohibition. The Swedish Environmental Protection Agency does not consider that the need for exceptions that emerged in the study constitute such special reasons that need to exist for the Swedish Environmental Protection Agency to issue regulations on exceptions to the prohibition.

Some products must be labelled with a clear and standardised label showing that the product contains plastic, how the product should be handled when it becomes waste and showing the product's negative environmental effects. The purpose of the labelling requirement is to inform consumers about proper handling to reduce littering and, in some cases, that the product must not be flushed down the toilet. In Sweden, labelling requirements applied 1 January 2022.

For products for which there are currently no easily available alternatives, the focus is on reducing consumption. Member States shall take the necessary measures to that effect. The measures shall entail a measurable reduction in consumption by 2026 compared to 2022.

In Sweden, the target is to reduce the consumption of cups and food containers that are single-use plastic products by 50% by 2026 compared to 2022. All actors who professionally supply or use cups and food containers that are single-use plastic products in their operations must actively work to achieve the targets. 

Another target is to generally reduce the consumption of plastic carrier bags and ensure that the consumption of lightweight plastic carrier bags is no more than 40 per person per year by 31 December 2025. This calculation does not include plastic carrier bags with walls thinner than 15 micrometres and needed for hygiene reasons or in particular supplied as packaging for bulk food.

A reduction in consumption can be done in several different ways, such as offering alternative products that can be reused or that single-use plastic products are not free of charge.

To reduce the risk of littering, requirements are introduced for improved design for beverage containers. The product is only allowed on the market if they have caps or lids that remain attached to the beverage container throughout the life of the container. The requirement will take effect in July 2024. The European standardisation organisations have published a harmonised standard for this:

Standard - Packaging - Test methods and requirements to demonstrate that plastic caps and lids remain attached to beverage containers SS-EN 17665:2022 - Swedish Institute for Standards, SIS

It also introduces a requirement that from 2025 onwards, PET beverage bottles contain at least 25% recycled plastic and beverage bottles contain 30% recycled plastic by 2030.

Product requirements apply to: Beverage containers with a capacity of not more than three litres, such as beverage bottles including caps and lids. Exemptions for beverage containers made of glass or metal as well as those needed for medical purposes.

Awareness of the negative effects of plastic products in the environment must be raised among consumers and users of fishing gear. This can be done, for example, by informing about available and reusable alternatives, how the products should best be disposed of as waste and the negative consequences of littering. Who is responsible for raising awareness differs between the different products.

In order to increase recycling, targets have been introduced to increase the separate collection of beverage bottles. By 2025, 77 percent will be collected for the purpose of recycling and in 2029 the target will be raised to 90 percent. Member States shall take appropriate measures to achieve the target. The measures can be, for example, deposit systems.

The cases concern: Beverage bottles with a capacity of not more than three litres, such as beverage bottles including caps and lids. Exemptions for beverage containers made of glass or metal as well as those needed for medical purposes.

If an operator places a product on the Swedish market without having provided the product with the required label, an environmental sanction fee of SEK 10,000 may be charged. The products covered are filters, tobacco products with filters, cups, wet wipes, sanitary towels, tampons and tampon applicators. This applies from 4 July 2022. 

If a business sells food or drink in a disposable cup or food container and does not offer the opportunity to have food and drink served in reusable cups or food containers, the business may be required to pay an environmental sanction fee of SEK 10,000. This applies from 1 January 2024.

If an operation has not complied with the legislation above, the operator may have to pay an environmental sanction fee. In that case you will receive a letter from the Swedish Environmental Protection Agency with a proposal for a decision on an environmental sanction fee. We send this letter as a notification to you that we are considering imposing an environmental sanction fee on the company.

You will then have the opportunity to comment on the draft decision within the time specified in the letter. This means that you can provide information about why you believe that the company should not be charged an environmental sanction fee. Your comment can be sent by letter or e-mail. Valid reasons for not charging an environmental sanction fee are described in Chapter 30, Section 2 of the Environmental Code: 2 § An environmental penalty fee shall be charged even if the infringement has not been committed intentionally or negligently.

However, the fee need not be charged if it would be unreasonable to do so with regard to:

1. illness as a result of which the fee debtor is unable to do the duties incumbent on the person liable to pay the fee on his own or by entrusting the fee debtor;
2. that the infringement was due to a circumstance which could not or should not have been foreseen or beyond the control of the fee debtor;
3. what the fee debtor has done to avoid an infringement occurring, or
4. that the infringement has given rise to punishment in accordance with the provisions of Chapter 29.

The environmental penalty fee shall accrue to the State. Law (2006:1014).

If you choose not to comment, or if the information you provided cannot form the basis for not charging an environmental sanction fee, you will receive a decision on an environmental sanction fee.

The decision contains information on when and how you should pay the environmental sanction fee. You pay the environmental sanction fee to Kammarkollegiet (Legal, Financial and Administrative Services Agency) and it goes to the state. You will receive the decision together with a service receipt that the authorized person must date, sign and send back to the Swedish Environmental Protection Agency.

You can appeal against the decision within three weeks of the date you received the decision.