COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - SWEDEN Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results

Council of the European Union

Brussels, 6 February 2017 (OR. en)

5967/17 ADD 25

ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37

COVER NOTE

From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director

date of receipt: 6 February 2017

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union

No. Cion doc.: SWD(2017) 56 final

Subject: COMMISSION STAFF WORKING DOCUMENT

The EU Environmental Implementation Review

Country Report - SWEDEN

Accompanying the document

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions

The EU Environmental Implementation Review: Common Challenges and

how to combine efforts to deliver better results

Delegations will find attached document SWD(2017) 56 final.

Encl.: SWD(2017) 56 final

EUROPEAN COMMISSION

Brussels, 3.2.2017 SWD(2017) 56 final

COMMISSION STAFF WORKING DOCUMENT

The EU Environmental Implementation Review

Country Report - SWEDEN

Accompanying the document

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions

The EU Environmental Implementation Review: Common Challenges and how to

combine efforts to deliver better results

{COM(2017) 63 final i}

{SWD(2017) 33 - 55 final}

{SWD(2017) 57 - 60 final}

Sweden 2

This report has been written by the staff of the Directorate-General for Environment, European

Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu

More information on the European Union is available on the internet ( http://europa.eu ).

Sweden 3

Photographs: p.10 ©LIFE09 ENV/SE/000348/Daniel Skog; p.13

©ArtesiaWellsChristinaRahmArtesiaWell; p.15 ©Mikael_Broms/iStock; p.20 ©Marek

SLUSARCZYK/iStock

For reproduction or use of these photos, permission must be sought directly from the copyright holder.

©European Union, 2017

Reproduction is authorised provided the source is acknowledged.

Table of Content

EXECUTIVE SUMMARY .................................................................................................................................... 4

PART I: THEMATIC AREAS ............................................................................................................................... 5

• 1. 

  TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-

  CARBON ECONOMY ............................................................................................................................... 5

  Developing a circular economy and improving resource efficiency ..................................................... 5

  Waste management .............................................................................................................................. 9

• 2. 

  PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ..................................................... 11

  Nature and Biodiversity ....................................................................................................................... 11

  Estimating natural capital ................................................................................................................... 13

  Green Infrastructure ........................................................................................................................... 13

  Soil protection ..................................................................................................................................... 13

  Marine protection ............................................................................................................................... 14

• 3. 

  ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 16

  Air quality ............................................................................................................................................ 16

  Noise ................................................................................................................................................. 16

  Water quality and management ......................................................................................................... 17

  Enhancing the sustainability of cities .................................................................................................. 19

  International agreements ................................................................................................................... 20

PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 21

• 4. 

  MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 21

  Green taxation and environmentally harmful subsidies ..................................................................... 21

  Green Public Procurement .................................................................................................................. 22

  Investments: the contribution of EU funds ......................................................................................... 22

• 5. 

  EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 24

  Effective governance within central, regional and local government ................................................. 24

  Compliance assurance ......................................................................................................................... 25

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Public participation and access to justice ........................................................................................... 26

Access to information, knowledge and evidence ................................................................................ 27

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Executive summary

About the Environmental Implementation Review Sweden is an export-oriented mixed economy. Timber,

In May 2016, the Commission launched the hydropower and iron ore constitute the natural resource

Environmental Implementation Review (EIR), a two-year base of its economy, therefore sustainable management cycle of analysis, dialogue and collaboration to improve and use of these resources is crucial for sustainable the implementation of existing EU environmental policy development of Swedish economy. Certain aspects of the and legislation 1 . As a first step, the Commission drafted environmental status of seas, lakes, watercourses and 28 reports describing the main challenges and ground waters, and of several terrestrial ecosystems, opportunities on environmental implementation for each remain problematic, not least as regards eutrophication Member State. These reports are meant to stimulate a and biodiversity.

positive debate both on shared environmental challenges Main Challenges

for the EU, as well as on the most effective ways to

address the key implementation gaps. The reports rely on The three main challenges with regard to the detailed sectoral implementation reports collected or implementation of EU environmental policy and law in issued by the Commission under specific environmental Sweden are:

legislation as well as the 2015 State of the Environment  Improving the status of habitats, in particular

Report and other reports by the European Environment grassland, for which all types are in unfavourable

Agency. These reports will not replace the specific conservation status. instruments to ensure compliance with the EU legal  Improving the quality of the monitoring programme obligations. of SE marine waters.

The reports will broadly follow the outline of the 7th  Reducing emissions of air pollutants.

Environmental Action Programme 2 and refer to the 2030

Agenda for Sustainable development and related Main Opportunities

Sustainable Development Goals (SDGs) 3 to the extent to Sweden could perform better on topics where there is which they reflect the existing obligations and policy already a good knowledge base and good practices. This

objectives of EU environmental law 4 . applies in particular to:

The main challenges have been selected by taking into  Reducing pressures from agriculture and natural account factors such as the importance or the gravity of systems modification, which would help move the environmental implementation issue in the light of towards favourable status of birds and habitats. the impact on the quality of life of the citizens, the

distance to target, and financial implications. Points of Excellence

The reports accompany the Communication "The EU Where Sweden is a leader on environmental

Environmental Implementation Review 2016: Common implementation, innovative approaches could be shared challenges and how to combine efforts to deliver better more widely with other countries. Good examples are:

results", which identifies challenges that are common to

several Member States, provides preliminary conclusions  The very good performance of Sweden on waste on possible root causes of implementation gaps and recycling; Sweden has reached the EU 2020 recycling proposes joint actions to deliver better results. It also rate target of 50% in 2014 (49.9%), being well ahead groups in its Annex the actions proposed in each country of the EU average (43%).

report to improve implementation at national level.  In 2015 the government established an Environmental Objectives Council to strengthen the

General profile implementation of environmental policies. The

Sweden is a country with long coastlines, thousands of Council is a platform for Heads of agencies that are

lakes, freshwater streams, mountains and deep forests. strategically important for achieving environmental objectives.

 In 2014 the government adopted a strategy for

1 Communication "Delivering the benefits of EU environmental policies biodiversity and ecosystem services 5 . The strategy

through a regular Environmental Implementation Review"

( COM/2016/ 316 final ). has significance not only for many of its own

2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union objectives and its generational goal but also for the

Environmental Action Programme to 2020 " Living well, within the limits of our planet ".

3 United Nations, 2015. The Sustainable Development Goals 5 http://www.government.se/articles/2015/08/swedish-strategy-for

4 This EIR report does not cover climate change, chemicals and energy. biodiversity-and-ecosystem-services/

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international Aichi targets adopted under the objectives of the EU's biodiversity strategy. Convention on Biological Diversity, as well as the

Part I: Thematic Areas

• 1. 

  Turning the EU into a circular, resource-efficient, green and

  competitive low-carbon economy

  environmental action at every level of society, from the

Developing a circular economy and improving national level up to engagement at the EU and global

resource efficiency levels. The goal is to pass on to the next generation a society in which the major environmental problems have

been solved, without increasing environmental and

The 2015 Circular Economy Package emphasizes the need health problems beyond Sweden’s borders. To attain the to move towards a lifecycle-driven ‘circular’ economy, generational goal, national Environmental Quality with a cascading use of resources and residual waste that Objectives (EQOs) have been formulated for 16 areas is close to zero. This can be facilitated by the (Ministry of Environment). The objectives are related to development of, and access to, innovative financial climate, air quality, acidification, forest, wetlands, oceans

instruments and funding for eco-innovation. and coasts, lakes, mountains, urban environment, agriculture, toxic substances, radiation, ozone,

groundwater and biodiversity. SDG 8 invites countries to promote sustained, inclusive

and sustainable economic growth, full and productive Figure 1: Resource productivity 2003-15

9

employment and decent work for all. SDG 9 highlights the need to build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation. SDG 12 encourages countries to achieve the sustainable management and efficient use of natural resources by 2030.

Measures towards a circular economy

Transforming our economies from linear to circular offers an opportunity to reinvent them and make them more sustainable and competitive. This will stimulate investments and bring both short and long-term benefits

for the economy, environment and citizens alike 6 .

As shown in Figure 1, Sweden has a level of resource The National Environmental Technology Strategy, in use

productivity 7 (how efficiently the economy uses material between 2011 and 2014, has been evaluated by the

resources to produce wealth) that is below the EU agency Growth Analysis. The evaluation concludes that average, with 1.74 EUR/kg (EU average is 2.0 EUR/kg) in the majority of the measures in the strategy can be

2015 8 . This is largely due to the structure of the Swedish considered to contribute, to some extent, to achieving

economy and its large primary sector. More significant is the strategy goals, because these measures reached the that Sweden's resource productivity has decreased target group identified by the government.

modestly since 2010. The government established a new agency for public

The context for the policies relating to eco-innovation procurement in September 2015. This agency is assigned and circular economy is the generational goal adopted by to give support through consultation, practical tools and the Swedish Parliament, which is the overarching methods within the area of public procurement in objective of environment policy and guides general. The objective of the agency is to develop the

idea of a good public deal with a focus on sustainable, innovative and efficient procurement. The agency puts

6 European Commission, 2015. Proposed Circular Economy Package

7 extra emphasis on environmentally friendly procurement Resource productivity is defined as the ratio between gross domestic

product (GDP) and domestic material consumption (DMC).

8 Eurostat, Resource productivity , accessed October 2016 9 Eurostat, Resource productivity , accessed October 2016

Sweden 6

as an instrument to achieve the policy objectives in the already recovered from the crisis lows of 2009. In 2008- environmental area. This is considered to contribute to 2014, their value added increased by 22%. Recovery in sustainability in the wider sense, including social and employment was not as strong, though SME employment

economic dimensions 10 . was still 5% higher than in 2008.

A study from 2014 by the Swedish Agency for Growth Sweden's small business administration (SBA) profile Policy Analysis benchmarked the manufacturing sector of stands well above the EU average in most areas. Better Sweden with other countries. The highest performing focused public support strategies to encourage SMEs to sectors in terms of the green innovation index and invest in resource-efficient measures and the production comparative advantage are motor vehicles, specialof green products will improve Swedish SMEs’ ability to purpose machinery and furniture with 26%, 5% and 2% face environmental challenges. shares of green inventions, respectively, far above the

world average in these sectors. These sectors also In the Flash 426 Eurobarometer "SMEs, resource perform well in comparative advantage terms. They are efficiency and green markets"

11 , it is shown that 56% of

clear strengths in green competitiveness terms and are Sweden's SMEs have invested up to 5% of their annual

well positioned to prosper in the future green economy. turnover in their resource efficiency actions (EU28 average 50%), 38% of them are currently offering green

The non-metallic mineral products sector also has products and services (EU28 average 26%), 67% took remarkable performance in terms of green innovation measures to save energy (EU28 average 59%), 68% to activity, but does not currently enjoy a comparative minimise waste (EU28 average 60%), 43% to save water advantage. This sector presents a clear opportunity to (EU28 average 44%), and 65% to save materials (EU28 maintain and expand market share in the future through average 54%). From a circular economy perspective, 60% greening. Parts and accessories for motor vehicles and took measures to recycle by reusing material or waste structural metal products, tanks, reservoirs and steam within the company (EU28 average 40%), 32% to design generators, are lagging behind competitor countries. products that are easier to maintain, repair or reuse However, they have high green patenting activity overall (EU28 average 22%) and 40% were able to sell their scrap (7% and 8% green patents, respectively), which means material to another company (EU28 average 25%).

they are probably not at risk. According to the Flash 426 Eurobarometer, the resource

Several sectors that fall into the ‘threats’ quadrant in the efficiency actions undertaken allowed the reduction of analysis are: telecommunication, paper and paper production costs in a 35% of the Sweden' SMEs (EU28 products, general-purpose machinery, and other average 45%).

chemical products. The number of SMEs in the Swedish ‘non-financial

The Swedish eco-tech industry has developed a strong business economy’ is average for Europe. They account position in waste management and processing for 5% of value added and 66% of employment. technologies, including reuse and recycling, waste water

purification, biogas and other renewable energy sources, The Flash 426 Eurobarometer "SMEs, resource efficiency indoor air quality (energy-saving ventilation and air and green markets" shows that 39% of the SMEs in the filtration), heating and cooling technologies (district Sweden have one or more full time employee working in heating/cooling and heat pumps), power transmission a green job at least some of the time (EU28 average

and the automation of technical systems in buildings. 35%). Sweden has an average number of 2.0 full time green employees per SME (EU28 average 1.7%) 12 .

Start-ups are also important in an innovative society and

the types of SMEs emerging can be an indicator of trends Eco-innovation

as they often depend in finance from organisations or With an overall score of 124.5, Sweden is fifth in the people who are interested in investing in a particular ranking on the Eco-Innovation Scoreboard. This is lower business sector. than the results of 2013, when Sweden held first place

Being among the best achieving actors in Europe with 138.3 points. The Nordic countries have been regarding the environment, Sweden has many good successful in eco-innovation throughout 2010-2015. They practices to share in a number of different sectors such have held rankings within the top five, and Sweden has as textiles and construction. SE is eager to exploit the been in the top three during 2011-2013, peaking in 2013

new concepts of a sharing economy, industrial symbiosis,

11

collaborative consumption, etc. European Commission, 2015. Flash 426 Eurobarometer 12 The Flash 426 Eurobarometer "SMEs, resource efficiency and green

SMEs and resource efficiency markets" defines "green job" as a job that directly deals with information, technologies, or materials that preserves or restores

In 2010, Small and Medium-sized enterprises (SMEs) had environmental quality. This requires specialised skills, knowledge,

training, or experience (e.g. verifying compliance with environmental legislation, monitoring resource efficiency within the company,

10 The National Agency for Public Procurement, 2016. promoting and selling green products and services).

Sweden 7

at first place. But the scores from 2015 are pointing at a been set up to secure broad political consensus on trend where Sweden is losing at least some of its leading environmental issues. Its role is to advise the government edge. In 2015, Denmark, Finland, Ireland and Germany on how the generational goal and the environmental have all overtaken Sweden. quality objectives can be achieved in a way that is cost

This seems to be a result of a decline of Sweden’s ecoeffective in economic terms. The committee is made up innovation performance, combined with an increase in of Members of Parliament, together with advisers and absolute scores. In first place is Denmark, with a score of experts from non-governmental organisations and 166.5 (compared to Sweden’s leading score of 138.3 in government ministries. Its overall remit runs to the end 2013). Runner-up is Finland with a score of 140.2, with of 2020

14 .

Ireland in the third place and Germany in the fourth. There is an explicit political ambition that by focusing on

Figure 2: Eco-Innovation Index 2015 (EU=100) 13 sustainable growth and eco-innovation at home Sweden will be able to contribute both to creating new jobs and

to reducing the environmental burden in other

countries 15 . The great challenge to implement a green

structural change is not limited to the environmental technology sector, but affects all industry sectors and thereby the whole economy. Even companies that deliver solutions in completely different areas of society will need to be environmentally sustainable. This is expressed in a recent report from EPA, which is already being used as a basis for new policy initiatives. This indicates that all industries and sectors will need to shift to a more environmentally driven business model.

Swedish companies have historically been able to respond and adapt quickly to new international market and economic circumstances – green structural change is actually nothing new but rather a desired continuation of the continuous transformation of the economy. Potentially, this is a great long-term driver for ecoinnovation in Sweden.

There are some 30 national public stakeholders with connections to the environmental technology field. This constitutes a challenge to companies to find the right one(s), and also involves a risk of unnecessary work duplication and suboptimal use of public funds. The idea to involve all governmental stakeholders is to create as many channels as possible into the system of green

The most important driver is the overarching political structural change. The website Swedishcleantech.se is ambition in Sweden to create green structural change by the official business-to-business (B2B) platform for focusing on sustainable growth and eco-innovation. This Swedish companies, with the purpose of contributing to is clearly manifested in the ‘generational goal’ – the the development, commercialisation and export of overall goal of Swedish environmental policy – which Swedish environmental technology. It also aims to lead defines the direction of the changes in society that need the company to the appropriate public actor. The website to occur within one generation if the country’s is operated and developed by the Swedish Agency for environmental quality objectives are to be achieved. Economic and Regional Growth (Tillväxtverket) in With that as a starting point, the generational goal is cooperation with the authorities, industry and intended to guide environmental action at every level in stakeholder associations, as well as regional society. A number of important points have been added environmental technology actors. The Association of to it. One is that efforts to solve Sweden’s environmental Swedish Environmental Technology Industries (ASSET) is problems must not come at the price of environmental the umbrella organisation for the regional actors in the and health problems being exported to other countries. Swedish environmental technology sector

16 . The

An All Party Committee on Environmental Objectives has 14 Swedish Environmental Protection Agency, 2016. All Party

Committee on Environmental Objectives 15 Growth Analysis, Growth Facts, 2013

13 Eco-innovation Observatory : Eco-Innovation scoreboard 2015 16 http://asset.nu/en/

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organisation´s aim is to strengthen Swedish cleantech a proposal on a new structure to finance innovation and companies through business driven collaboration. sustainable growth. This new structure was decided by

Studies show that Swedish companies have previously the parliament in June 2016 and is now partly responded to regulatory drivers of eco-innovation. One established

17 .

study on eco-innovative measures in large Swedish The Swedish Environmental Technology Strategy and companies found that – in addition to regulations – Growth Analysis evaluation consumer demands and business opportunities (via cost

reductions, for example) are presently considered as From 2011 to 2014, the Government of Sweden

drivers . implemented an Environmental Technology Strategy with the following goals: increased commercialisation of

According to a survey published by the European innovative environmental technology, higher firm growth

Commission, companies stated that the biggest obstacles and increased exports from the environmental to more investment in eco-innovation were uncertain technology sector. SEK 400 million (about EUR 43 million) market demand and uncertain return on investment, and were allocated to the strategy. The Environmental almost the same number stated that obstacles connected Technology Strategy included 26 different measures that with funding (such as access to own funding, insufficient were carried out by 10 publicly funded agencies. Firms, availability of subsidies or tax relief) were serious and in some cases research institutes, have directly obstacles . Swedish companies in the survey generally received 28% of the resources allocated. The remaining made the same assessment of the obstacles as other resources reached companies indirectly through the European companies. The most important driving forces activities carried out by the authorities, such as for more investment in eco-innovation for both Swedish cooperation projects, information, education, support in and European companies were expected and current connection with international cooperation, etc. The energy prices and material prices. Furthermore, Swedish strategy was very broad, and did not focus on any one companies thought greater demand for green products, specific area. The actual support that firms have received good business partners, and the availability of technology has also been small in relation to the factors that are and leadership were important driving forces for known to affect environmental technology firms’ growth investment in eco-innovation. potential.

The main challenge identified is that there is no money The Swedish Agency for Growth Policy Analysis (Growth for the early stages of business development and for Analysis) conducted a comprehensive evaluation of this companies that want to grow. The biggest obstacles to strategy and its implementation. The report was more venture capital investment in the cleantech sector published in March 2015, in which Growth Analysis are stated to be that measures are too capital-intensive, concluded that it is unlikely that these goals will be long-term and difficult to scale up, and that the risks achieved. For future initiatives to lead to a high level of related to both technology and policy are considered to growth in the environmental technology sector, Growth be higher. All in all, this leads to environmental Analysis recommended that they include: (1) a clear technology, and first and foremost the energy sector, focus on a limited area, (2) a greater reliance on becoming less attractive to private venture capital, which evidence-based measures, and, (3) a balance between then tends to prefer small capital-intensive investments supply-side focused and demand-side focused measures. with lower risk and faster return on investment. Venture Additionally, further efforts need to be undertaken to capital investments have decreased continuously in identify and evaluate the types of activities that many of recent years, from close to 0.07% of GDP in 2007 to the measures in the strategy include, such as export about 0.025% in 2014. The shortcomings in the state's promotion activities, in order to gather evidence on what venture capital activities consist in them not being active effects they have on firms. enough, being governed by sectoral and regional lock-ins,

and being inefficient (Ministry of Industry, Employment After the completion of the Environmental Technology

and Communications, 2016). Strategy, other measures have been integrated into other policy areas, for example in export policy and

To tackle this, Sweden has included the establishment of innovation policy. The Swedish government has decided a green investment fund in the programmes for the on an export strategy in which environmental technology Swedish use of EU regional funds 2014–2020, with the is an important component. The Government has also purpose of strengthening the supply of venture capital appointed a National Innovation Council which focuses early stage funding to businesses in the climate and on environmental and climate technology as one of three energy technologies and service sectors. The managing priorities. As an extension of the Innovation Council, five authority, the Swedish Agency for Economic and Regional

Growth, is in the process of starting up this green fund.

The government also presented a bill in March 2016 with

17 www.saminvest.se

Sweden 9

innovation partnership programmes 18 have started, for Figure 3 depicts the municipal waste by treatment in

example one on smart cities and one on circular bio Sweden in terms of kg per capita. Incineration accounts based economy. for 50% and landfilling only 1%. Sweden has taken

Sweden has 18 EMAS registered organisation, which is a appropriate steps to implement and to perform even quite low with respect to the total of 4034 organisations better than the current European minimum targets.

that hold a registration. Sweden has not seen any Figure 3: Municipal waste by treatment in Sweden 2007-

changes in the number of registered organisation since 14 22

October 2015.

Concerning the EU Ecolabel, Sweden has 24 licenses, which is quite a low number with respect to the 1875 total number of licenses.

Suggested action

• Strengthen the existing circular economy policy actions.

• Further facilitate green investments.

Waste management

Turning waste into a resource requires:

− Full implementation of Union waste legislation, which includes the waste hierarchy; the need to ensure separate collection of waste; the landfill diversion targets etc.

− Reducing per capita waste generation and waste Figure 4 shows that Sweden has reached the EU 2020 generation in absolute terms. recycling rate target of 50% in 2014 (49.9%), being well − Limiting energy recovery to non-recyclable materials ahead of the EU average (43%) 23 .

and phasing out landfilling of recyclable or

recoverable waste. Figure 4: Recycling rate of municipal waste 2007-14

24

SDG 12 invites countries to substantially reduce waste generation through prevention, reduction, recycling and reuse, by 2030.

The EU's approach to waste management is based on the

"waste hierarchy" which sets out an order of priority when shaping waste policy and managing waste at the operational level: prevention, (preparing for) reuse, recycling, recovery and, as the least preferred option, disposal (which includes landfilling and incineration without energy recovery). The progress towards reaching recycling targets and the adoption of adequate

WMP/WPP 19 should be the key items to measure the

performance of Member States. This section focuses on management of municipal waste for which EU law sets mandatory recycling targets.

Municipal waste 20 generation has decreased in Sweden

in 2014 (438 kg/y/inhabitant) and it remains below the

EU average (475 kg/y/inhabitant) 21 . The Swedish waste management plan for the years 2012-

18 http://www.government.se/articles/2016/07/innovation href="http://ec.europa.eu/eurostat/tgm/table.do?tab=table&init=1&plugin=1&language=en&pcode=tsdpc240">method, accessed October 2016 partnership-programmes--mobilising-new-ways-to-meet-societal 22 Eurostat, Municipal waste and treatment, by type of treatment

challenges/ method, accessed October 2016 19 Waste Management Plans/Waste Prevention Programmes 23 Member States may choose a different method than the one used by 20 Municipal waste consists of waste collected by or on behalf of ESTAT (and referred to in this report) to calculate their recycling rates

municipal authorities, or directly by the private sector (business or and track compliance with the 2020 target of 50% recycling of private non-profit institutions) not on behalf of municipalities. municipal waste.

21 Eurostat, Municipal waste and treatment, by type of treatment 24 Eurostat, Recycling rate of municipal waste , accessed October 2016

Sweden 10

2017 includes measures to promote material recycling and additional steps may be needed to meet future EU recycling targets.

Moving towards the targets of the Roadmap on Resource

Efficiency, which outlines how we can transform Europe's economy into a sustainable one by 2050, could create over 2,300 additional jobs and increase the annual

turnover of the waste sector by over EUR 240 million 25 .

Sweden has two official investigations working in the waste area: one on economic instruments and incineration and one on promoting reuse in order to prevent waste.

The Swedish EPA has different missions on waste, on better collection and treatment of waste textiles, on waste statistics and traceability, and on updating and revision of the waste management plan and the prevention programme. The Swedish government has decided to use economic instruments through taxation to stimulate repair and reuse.

Suggested action

• Introduce new policies, including economic instruments, to further reduce waste generation, and

promote prevention, reuse and recycling. • Shift reusable and recyclable waste away from

incineration e.g. by gradually phasing out subsidies to incineration / introducing incineration taxes.

25 Bio Intelligence service, 2011. Implementing EU Waste legislation for

Green Growth , study for European Commission. The breakdown per country on job creation was made by the consultant on Commission demand but was not included in the published document.

Sweden 11

• 2. 

  Protecting, conserving and enhancing natural capital

  By early 2016, 13.3% of the Swedish national territory

Nature and Biodiversity was covered by Natura 2000 (EU average 18.1%), with Birds Directive SPAs covering 6.1% (EU average 12.3%)

The EU Biodiversity Strategy aims to halt the loss of and Habitats Directive SCIs covering 13.2% (EU average biodiversity in the EU by 2020, restore ecosystems and 13.8%). There are altogether 4,082 Natura 2000 sites in their services in so far as feasible, and step up efforts to Sweden.

avert global biodiversity loss. The EU Birds and Habitats

Directives aim at achieving favourable conservation Assessment of the SCI part of the Natura 2000 network shows that there are insufficiencies in designation,

status of protected species and habitats. especially for the marine components of the network 28

SDG 14 requires countries to conserve and sustainably (see Figure 5 29 ).

use the oceans, seas and marine resources, while SDG 15

requires countries to protect, restore and promote the Figure 5: Sufficiency assessment of SCI networks in sustainable use of terrestrial ecosystems, sustainably Sweden based on the situation until December 2013 manage forests, combat desertification, and halt and (%)

30

reverse land degradation and halt biodiversity loss.

The 1992 EU Habitats Directive and the 1979 Birds

Directive are the cornerstone of the European legislation aimed at the conservation of the EU's wildlife. Natura 2000, the largest coordinated network of protected areas in the world, is the key instrument to achieve and implement the Directives' objectives to ensure the longterm protection, conservation and survival of Europe's most valuable and threatened species and habitats and the ecosystems they underpin.

The adequate designation of protected sites as Special

Ares of Conservation (SAC) under the Habitats Directive and as Special Protection Areas (SPA) under the Birds Directive is a key milestone towards meeting the objectives of the Directives. The results of Habitats Directive Article 17 and Birds Directive Article 12 reports and the progress towards adequate Sites of Community

Importance (SCI)-SPA and SAC designation 26 both in land

and at sea, should be the key items to measure the The process for the designation of the sites as special performance of Member States. areas of conservation (SAC) is complete and all sites have The area covered by old forest and of protected forest is a management plan. increasing. The conservation status of many forest types Organisation of the Natura 2000 network in Sweden is is still inadequate and many forest species are good and their funding is not currently a critical issue.

threatened.

The latest Red List 27 of Sweden (2015) shows that the

rate of biodiversity loss has neither increased nor 28 For each Member State, the Commission assesses whether the

decreased over the past 15 years. Logging in old-growth species and habitat types on Annexes I and II of the Habitats Directive, are sufficiently represented by the sites designated to

forests and overgrowth of habitats including meadows, date. This is expressed as a percentage of species and habitats for pastures forests and wetlands pose a threat to majority which further areas need to be designated in order to complete the

of the species. However, positive trends can be seen e.g. network in that country. A scientific reserve is given when further

with large carnivores. research is needed to identify the most appropriate sites to be added for a species or habitat. The current data , which were assessed in

2014-2015, reflect the situation up until December 2013. 29 The percentages in Figure 5 refer to percentages of the total number 26 Sites of Community Importance (SCIs) are designated pursuant to the of assessments (one assessment covering 1 species or 1 habitat in a

Habitats Directive whereas Special Areas of Protection (SPAs) are given biographical region with the Member State); if a habitat type or designated pursuant to the Birds Directive; figures of coverage do a species occurs in more than 1 Biogeographic region within a given not add up due to the fact that some SCIs and SPAs overlap. Special Member State, there will be as many individual assessments as there Areas of Conservation (SACs) means a SCI designated by the Member are Biogeographic regions with an occurrence of that species or States. habitat in this Member State.

27 SLU, Red List . 30 European Commission, internal assessment.

Sweden 12

Sweden has good expertise on restoration of habitats unfavourable-bad status (EU27: 18%). This is depicted in

and various restoration activities show good results e.g. Figure 6 35 .

on grasslands, bogs and sand dunes. In addition, considerable part of the unfavourable

The level of nature-related complaints and infringements assessments for species and habitats are reported to in Sweden is not very high. Main topics are about hunting have further declining trend. Agriculture, natural systems of wolves (use of derogations), wind farms and other modification, forestry (birds) and natural biotic/abiotic land use activities e.g. quarries and access to justice. processes are the most frequently reported pressure

According to the Swedish report 31 under Article 17 categories of high importance. The same main pressure

Habitats Directive, based on expert assessment, 26% of categories apply also for birds. However, animal farming habitat assessments show favourable status (16% at is a necessary main factor when protecting grasslands EU27-level) 32 . Furthermore, 25% are considered to be and birds nesting in well grazed wetlands.

unfavourable–inadequate 33 (EU27: 47%) and 48% are The results from the Article 12 report 36 under Birds

unfavourable – bad (EU27 is 30%). Alarming is that 70- Directive show that short-term trends of breeding birds

80% of forest, grassland and dune habitats' assessments are improving for 22% of the species and stable for 26%, are Unfavourable-Bad. however decreasing even for 48% of the species. This is

depicted in Figure 7. The same categories for long-term Figure 6: Conservation status of habitats and species in trends are 33%, 28% and 38%.

Sweden in 2007/2013 (%) 34 Figure 7: Short-term population trend of breeding and

wintering bird species in Sweden in 2012 (%) 37

All grassland habitats and many of their associated species suffer from an unfavourable conservation status which indicates a substantial need for management and restoration of those habitats as well as a need to enlarge

Concerning species assessments (other than birds) 45% nationally protected areas.

are at favourable status (EU27: 23%), 14% at Although Sweden has substantially invested in land unfavourable-inadequate (EU27: 42%) and 41% purchase and compensation payments over the years to

protect its forests (including use of LIFE funding), mainly

31 The core of the ‘Article 17’ report is assessment of conservation in high latitude and high-altitude areas in Sweden, the

status of the habitats and species targeted by the Habitats Directive.

32 Article 17 of the Habitats Directive reporting - national summary of

Sweden 35 Please note that a direct comparison between 2007 and 2013 data is 33 Conservation status is assessed using a standard methodology as complicated by the fact that Bulgaria and Romania were not covered

being either ‘favourable’, ‘unfavourable-inadequate’ and by the 2007 reporting cycle, that the ‘unknown’ assessments have ‘unfavourable-bad’, based on four parameters as defined in Article 1 strongly diminished particularly for species, and that some reported of the Habitats Directive. changes are not genuine as they result from improved data /

34 These figures show the percentage of biogeographical assessments in monitoring methods. each category of conservation status for habitats and species (one 36 Article 12 of the Birds Directive requires Member States to report assessment covering 1 species or 1 habitat in a given biographical about the progress made with the implementation of the Birds region with the Member State), respectively. The information is Directive.

based on Article 17 of the Habitats Directive reporting - national 37 Article 12 of the Birds Directive reporting - national summary of summary of Sweden - expert-based assessment. Sweden

Sweden 13

expert based assessment of the Article 17 reporting clearly recognises further need to increase protection of the various forest habitats, if to achieve targets related to a favourable conservation status.

Suggested action

• Complete the SAC designation process especially the marine component and put in place clearly defined conservation objectives and the necessary conservation measures for the sites and provide adequate resources for their implementation in order to maintain/restore species and habitats of community interest to a favourable conservation status across their natural range.

• Improve the conservation status of forest, grassland

and dune habitats. Green Infrastructure

Estimating natural capital The EU strategy on green infrastructure

39 promotes the

incorporation of green infrastructure into related plans The EU Biodiversity Strategy to 2020 calls on the Member and programmes to help overcome fragmentation of States to map and asses the state of ecosystems and habitats and preserve or restore ecological connectivity, their services in their national territory by 2014, assess enhance ecosystem resilience and thereby ensure the the economic value of such services, and promote the continued provision of ecosystem services. integration of these values into accounting and reporting

systems at EU and national level by 2020. Green Infrastructure provides ecological, economic and social benefits through natural solutions. It helps to

Sweden has produced a preliminary report on its most understand the value of the benefits that nature provides important ecosystem services 38 . The inventory also to human society and to mobilise investments to sustain considered pressures and driving forces that have an and enhance them. impact on the ecosystem services. Sweden will

incorporate the ecosystem services assessments within A planned national strategy for the building of a green the regional action plans for Green Infrastructure. There infrastructure will constitute a tool for a more detailed are ongoing projects on capacity building and awareness identification of ecosystem services

40 , and for the

raising about the value of ecosystem services, and a management of landscape structure and function that research programme “The value of ecosystems and their will promote the continued delivery of ecosystem services”. Statistics Sweden has been assigned to develop services. The proposed strategy includes a landscape methods for including the value of ecosystem services in analysis of the spatial distribution and connectivity of environmental accounting. These projects aim to important habitats, with the aim to maintain and restore contribute to one of the milestone targets of Sweden’s sufficient natural habitats for the conservation of system of environmental objectives: "by 2018, the biodiversity and ecosystem services.

importance of biodiversity and the value of ecosystem The Swedish Environmental Protection Agency (together services are to be generally known and integrated into with other government agencies) performed a review of economic positions, political considerations and other policy instruments in the context of the preparation of decisions in society where it is relevant and reasonable to the national strategy for the building of a green do so". infrastructure. The report reviewed about a hundred

Suggested action different relevant existing policy instruments. There is a need to revise some instruments, as well as to create

Continue support to the mapping and assessment of new instruments. Policy instruments that regulate the ecosystems and their services, valuation and current use of land and water bodies need to be development of natural capital accounting systems. strengthened to achieve sustainable use in a landscape

perspective .

39 European Union, Green Infrastructure — Enhancing Europe’s Natural 38 Ecosystem services are benefits provided by nature such as food, Capital, COM/2013/0249

clean water and pollination on which human society depends. 40 Ecosystem services are benefits provided by nature such as food, clean water and pollination on which human society depends.

Sweden 14

Soil protection Figure 8: Land Cover types in Sweden in 2012 44

The EU Soil Thematic Strategy highlights the need to ensure a sustainable use of soils. This requires the prevention of further soil degradation and the preservation of its functions, as well as the restoration of degraded soils. The 2011 Road Map for Resource

Efficient Europe, part of Europe 2020 Strategy provides that by 2020, EU policies take into account their direct and indirect impact on land use in the EU and globally, and the rate of land take is on track with an aim to achieve no net land take by 2050.

SDG 15 requires countries to combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land-degradation-neutral world by 2030.

Soil is an important resource for life and the economy. It provides key ecosystem services including the provision of food, fibre and biomass for renewable energy, carbon sequestration, water purification and flood regulation, the provision of raw and building material. Soil is a finite and extremely fragile resource and increasingly degrading in the EU. Land taken by urban development and infrastructure is highly unlikely to be reverted to its

natural state; it consumes mostly agricultural land and There are still not EU-wide datasets enabling the increases fragmentation of habitats. Soil protection is provision of benchmark indicators for soil organic matter indirectly addressed in existing EU policies in areas such decline, contaminated sites, pressures on soil biology and as agriculture, water, waste, chemicals, and prevention diffuse pollution. An updated inventory and assessment

of industrial pollution. of soil protection policy instruments in Sweden and other EU Member States is being performed by the EU Expert

The annual land take rate (growth of artificial areas) as Group on Soil Protection. provided by CORINE Land Cover was 0.36% in Sweden over the period 2006-12, well below the EU average

(0.41%). It represented 2328 hectares per year mainly Marine protection

driven by housing, services and recreation as well as

transport and infrastructures 41 . The EU Coastal and Marine Policy and legislation require that by 2020 the impact of pressures on marine waters is

Artificial land cover is used for settlements, production reduced to achieve or maintain good environmental systems and infrastructure. It may itself be split between status and coastal zones are managed sustainably.

built-up areas (buildings) and non-built-up areas (such as

linear transport networks and associated areas). The SDG 14 requires countries to conserve and sustainably percentage of built up land in 2009 was 0.48%, well use the oceans, seas and marine resources for below the EU average (3.23%) 42 . sustainable development.

The soil water erosion rate in 2010 was 0.41 tonnes per The Marine Strategy Framework Directive (MSFD)

45 aims

ha per year, well below EU28 average (2.46 tonnes) 43 . to achieve Good Environmental Status (GES) of the EU's marine waters by 2020 by providing an ecosystem

Figure 8 shows the different land cover types in Sweden approach to the management of human activities with in 2012. impact on the marine environment. The Directive

requires Member States to develop and implement a marine strategy for their marine waters, and cooperate with Member States sharing the same marine region or

41 European Environment Agency Draft results of CORINE Land Cover subregion.

(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 artificial land.

42 European Environment Agency, 2016. Imperviousness and 44 European Environment Agency. Land cover 2012 and changes country

imperviousness change analysis [publication forthcoming]

43 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016 45 European Union, Marine Strategy Framework Directive 2008/56/EC

Sweden 15

As part of their marine strategies, Member States had to working both at a national and at a regional level to make an initial assessment of their marine waters, develop the GES. For example, the GES is currently being

determine GES 46 and establish environmental targets by reviewed by the Swedish Agency for Marine and Water

July 2012. They also had to establish monitoring Management and Sweden participates in regional programmes for the on-going assessment of their marine cooperation under both HELCOM and OSPAR with a view waters by July 2014. The next element of their marine to improve the GES definition. strategy is to establish a Programme of Measures (2016).

The Commission assesses whether these elements Sweden established a monitoring programme of its constitute an appropriate framework to meet the marine waters in 2014, however it seems that its

requirements of the MSFD. monitoring programme needs further refinement except for commercial fisheries and eutrophication, to

constitute an appropriate framework to monitor progress

towards GES and targets 49 .

In its reports on the implementation of the MSFD, the Commission provided guidance to assist Sweden in its implementation of the Marine Strategy Framework Directive.

In 2012, Swedish marine protected areas covered 12,710.4 square kilometers of its marine waters, with 9,644.6 square kilometers in the Baltic Sea and 3,065.8

square kilometers in the North Sea 50 .

Suggested action

The Swedish marine waters are part of two marine • Continue work to improve the definitions of GES in regions, the North-East Atlantic Ocean and the Baltic Sea. particular for biodiversity descriptors, including Sweden is therefore party to both the Convention for the through regional cooperation by using the work of the protection of the marine environment of the North-East relevant Regional Sea Conventions.

Atlantic (OSPAR Convention) and the Convention on the • Further develop approaches assessing (and Protection of the Marine Environment of the Baltic Sea quantifying) impacts from the main pressures in order (HELCOM). The North Sea is one of the busiest maritime to lead to improved and more conclusive assessment areas, also subject to eutrophication, and the coastal results for 2018 reporting. zone is used intensively for recreation. In addition, there • Continue to integrate already existing monitoring is extensive fishing by bottom trawling which causes programmes under EU legislation and continue to damage to the sea-floor and is a threat to its biodiversity, implement, where they exist, coordinated and joint particularly in open sea areas. In the Baltic Sea, the main monitoring programmes developed at subregional risks for biodiversity relate to eutrophication, fishing level, for instance by OSPAR and HELCOM.

pressure, pollution by contaminants and oil, and • Continue to enhance comparability and consistency of

introduction of non-indigenous species 47 . monitoring methods within the country's marine

With regard to the implementation of the MSFD, Sweden regions. has given a robust legal status to its GES definition by • Ensure that all of its monitoring programme is incorporating it in legislation, which is a good practice. implemented without delay, and is appropriate to Sweden’s GES are set in comprehensive manner, monitor progress towards its GES.

covering all descriptors, and taking into account existing

EU law and other standards from the relevant Regional

Sea Conventions. However, despite an ambitious determination of the GES, all too often, the GES set

remain difficult to measure 48 . Sweden is currently

46 The MSFD defines Good Environmental Status (GES) in Article 3 as:

“The environmental status of marine waters where these provide ecologically diverse and dynamic oceans and seas which are clean, healthy and productive”.

47 EEA, 2016, The Baltic Sea. final)Framework Directive (2008/56/EC) - The European

48 Commission Staff Working Document Accompanying the Commission Commission's assessment and guidance" (SWD(21014) 049 final and

Report on "The first phase of implementation of the Marine Strategy COM(2014)097 final)

Commission Staff Working Document Accompanying the Commission 49 Report assessing Member States' monitoring programmes under the 50 2012 Data provided by the European Environmental Agency– Not Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 published

Sweden 16

• 3. 

  Ensuring citizens' health and quality of life

Air quality ceilings 53 .

At the same time, air quality in Sweden continues to give The EU Clean Air Policy and legislation require that air

quality in the Union is significantly improved, moving cause for concern. For the year 2013, the European Environment Agency estimated that about 3 020

closer to the WHO recommended levels. Air pollution premature deaths were attributable to fine particulate

and its impacts on ecosystems and biodiversity should be

further reduced with the long-term aim of not exceeding matter

54 concentrations, 160 to ozone 55 concentration and less than five to nitrogen dioxide 56 concentrations 57 .

critical loads and levels. This requires strengthening This is due also to exceedances above the EU air quality

efforts to reach full compliance with Union air quality

legislation and defining strategic targets and actions standards such as shown in Figure 9

58 .

beyond 2020. For 2014, exceedances above the EU air quality standards

have been registered related to annual mean

The EU has developed a comprehensive suite of air concentration of nitrogen dioxide (NO quality legislation 51 , which establishes health-based 2

) in two air quality

Figure 9: Attainment situation for PM10, NO2 and O3 in 2014 in Sweden

standards and objectives for a number of air pollutants. zones (Gothenburg, and Stockholm) and related to daily

As part of this, Member States are also required to

ensure that up-to-date information on ambient 53 The current national emission ceilings apply since 2010 ( Directive

concentrations of different air pollutants is routinely 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by made available to the public. In addition, the National Directive (EU) 2016/2284 on the reduction of national emissions of

Emission Ceilings Directive provides for emission certain atmospheric pollutants, amending Directive 2003/35/EC i and

reductions at national level that should be achieved for repealing Directive 2001/81/EC i. 54 Particulate matter (PM) is a mixture of aerosol particles (solid and

main pollutants. liquid) covering a wide range of sizes and chemical compositions.

PM10 (PM2.5) refers to particles with a diameter of 10 (2.5)

The emission of several air pollutants has decreased micrometres or less. PM is emitted from many anthropogenic significantly in Sweden 52 . Reductions between 1990 and sources, including combustion.

55

2014 for sulphur oxides (-77%), nitrogen oxides (-51%), Low level ozone is produced by photochemical action on pollution

ammonia (-5%) as well as volatile organic compounds and it is also a greenhouse gas. 56 NOx is emitted during fuel combustion e.g. from industrial facilities

(-50%) ensure air emissions for these pollutants are and the road transport sector. NOx is a group of gases comprising within the currently applicable national emission nitrogen monoxide (NO) and nitrogen dioxide (NO2).

57 European Environment Agency, 2016. Air Quality in Europe – 2016 Report . (Table 10.2, please see details in this report as regards the

51 European Commission, 2016. Air Quality Standards underpinning methodology)

52 See EIONET Central Data Repository and Air pollutant emissions data 58 Based on European Environment Agency, 2016. Air Quality in Europe viewer (NEC Directive) – 2016 Report . (Figures 4.1, 5.1 and 6.1)

Sweden 17

concentration of particulate matter (PM 10 ) in two air issues 62 . To alleviate this, the EU acquis sets out several

quality zones (Stockholm, and Middle Sweden). requirements, including assessing the exposure to

Furthermore, for several air quality zones the long-term environmental noise through noise mapping, ensuring objectives regarding ozone concentration are not being that information on environmental noise and its effects is

met 59 . made available to the public, and adopting action plans

The persistent breaches of air quality requirements (for with a view to preventing and reducing environmental

PM noise where necessary and to preserving the acoustic 10 and NO 2 ), which have severe negative effects on health and environment, are being followed up by the environment quality where it is good.

European Commission through infringement procedures Swedish authorities have fulfilled all their obligations covering all the Member States concerned, including with regards to noise mapping for the most recent Sweden. The aim is that adequate measures are put in reporting round, for the reference year 2011 in the

place to bring all zones into compliance. Environmental Noise Directive 63 . Action plans for noise

It is estimated that the health-related external costs from management in the current period have been adopted air pollution in Sweden are above EUR 3 billion/year for all major roads, major railways and major airports. (income adjusted, 2010), which include not only the For agglomerations, the action plan for one intrinsic value of living a full health life but also direct agglomeration is still outstanding.

costs to the economy. These direct economic costs relate Suggested action

to 803 thousand workdays lost each year due to sickness

related to air pollution, with associated costs for • Complete action plan for noise management for the employers of EUR 111 million/year (income adjusted, last outstanding agglomeration.

2010), for healthcare of above EUR 11 million/year

(income adjusted, 2010), and for agriculture (crop losses) Water quality and management

of EUR 48 million/year (2010) 60 .

Suggested action The EU water policy and legislation require that the

• Maintain downward emissions trends of air pollutants impact of pressures on transitional, coastal and fresh in order to achieve full compliance with air quality limit waters (including surface and ground waters) is values - and reduce adverse air pollution impacts on significantly reduced to achieve, maintain or enhance health, environment and economy. good status of water bodies, as defined by the Water • Reduce nitrogen oxide (NO Framework Directive; that citizens throughout the Union x ) emissions to comply with

currently applicable national emission ceilings 61 and/or benefit from high standards for safe drinking and bathing to reduce nitrogen dioxide (NO water; and that the nutrient cycle (nitrogen and 2 ) (and ozone concentrations), inter alia, by reducing transport phosphorus) is managed in a more sustainable and related emissions - in particular in urban areas. resource-efficient way.

• Reduce PM 10 emission and concentration, inter alia, by reducing emissions related to energy and heat SDG 6 encourages countries to ensure availability and generation using solid fuels, to transport and to sustainable management of water and sanitation for all.

agriculture. The main overall objective of EU water policy and

Noise legislation is to ensure access to good quality water in sufficient quantity for all Europeans. The EU water

acquis 64 seeks to ensure good status of all water bodies The Environmental Noise Directive provides for a across Europe by addressing pollution sources (from e.g.

common approach for the avoidance, prevention and

reduction of harmful effects due to exposure to 62 Burden of disease from environmental noise ; WHO/JRC, 2011, Burden

environmental noise. of disease from environmental noise, Fritschi, L., Brown, A.L., Kim, R.,

Schwela, D., Kephalopoulos, S. (eds), World Health Organization,

Excessive noise is one of the main causes of health Regional Office for Europe, Copenhagen, Denmark

63 The Noise Directive requires Member States to prepare and publish, every 5 years, noise maps and noise management action plans for

59 See The EEA/Eionet Air Quality Portal and the related Central Data agglomerations with more than 100,000 inhabitants, and for major

Repository roads, railways and airports.

60 These figures are based on the Impact Assessment for the European 64 This includes the Bathing Waters Directive (2006/7/EC); the Urban

Commission Integrated Clean Air Package (2013) Waste Water Treatment Directive (91/271/EEC) concerning

61 Under the provisions of the revised National Emission Ceilings discharges of municipal and some industrial waste waters; the

Directive Member States now may apply for emission inventory Drinking Water Directive (98/83/EC) concerning potable water adjustments. Pending evaluation of any adjustment application, quality; the Water Framework Directive (2000/60/EC) concerning Member States should keep emissions under close control with a water resources management; the Nitrates Directive (91/676/EEC) view to further reductions. and the Floods Directive (2007/60/EC)

Sweden 18

agriculture, urban areas and industrial activities), physical the need for further improvements. Additionally, Sweden and hydrological modifications to water bodies) and the is one of the countries bordering the Baltic Sea, which is management of risks of flooding. heavily affected by nutrients pollution.

River Basin Management Plans (RBMPs) are a As regards drinking water, Sweden reaches very high requirement of the Water Framework Directive and a compliance rates of 99-100% for microbiological, means of achieving the protection, improvement and chemical and indicator parameters laid down in the

sustainable use of the water environment across Europe. Drinking Water Directive 70 .

This includes surface freshwaters such as lakes and rivers,

groundwater, estuaries and coastal waters up to one As shown in Figure 10, in 2015, in Sweden, out of 445

nautical mile. bathing waters, 62.2% were of excellent quality, 17.3% of good quality, 3.6% of sufficient quality. 10 bathing waters

In its first generation of RBMPs Sweden reported the were of poor quality or non-compliant while it was not

status of 15,563 rivers, 7,232 lakes, 21 transitional, 602 possible to assess the remaining 64 bathing waters 71 .

coastal and 3,021 groundwater bodies. 58% of natural Overall, Sweden's bathing water quality has improved surface water bodies achieve a good or high ecological since 2014.

status 65 and only 2% of heavily modified or artificial

water bodies achieve a good or high ecological potential Figure 10: Bathing water quality 2012 – 2015

72

(while the status of 20% is unknown). None of surface water bodies, none of heavily modified and artificial

water bodies 66 and 98% of groundwater bodies achieve good chemical status 67 . 87% of groundwater bodies are

in good quantitative status.

The main pressure on Swedish surface waters is diffuse

pollution 68 , especially long range transported mercury,

which affects 100% of water bodies. Flow regulation and morphological alterations affect 29% and river management affects negatively 8% of water bodies.

There are some regional differences, e.g. low regulation and morphological alterations affect 42% in the North

Baltic river basin district but much smaller proportion of water bodies in the North and West of the country.

The Swedish River Basin Management Plans have some deficiencies that result in uncertainties about the status and effectiveness of Programmes of Measures. In

particular there are weaknesses in monitoring. A number With regard to the implementation of the Urban Waste of exemptions were applied. The planned measures are Water Treatment Directive, in the latest reporting expected to result in improvement of ecological status of exercise (data from 2012)

73 Sweden reported 367

surface water bodies by 6% 69 . The measures should also relevant agglomerations which represents an increase bring improvement of ecological potential of artificial and from 327 agglomerations in the year 2010.Following

heavily modified water bodies by 4% 62 . information by Swedish authorities, the generated waste water load changed due to a new calculation

The Nitrates Directive 2008-2011 reporting showed methodology. This reporting and calculation issue needs positive results in terms of nitrates concentrations; to be resolved by the Swedish authorities to ensure however data on eutrophication of inland waters showed certainty in the figures that are communicated to the

Commission.

65 Good ecological status is defined in the Water Framework Directive, Sweden also reported that in 2012, 88.9% of the waste

referring to the quality of the biological community, the hydrological characteristics and the chemical characteristics.

66 Many European river basins and waters have been altered by human 70 Commission's Synthesis Report on the Quality of Drinking Water in activities, such as land drainage, flood protection and, building of the Union examining Member States' reports for the 2011-2013

dams to create reservoirs. period, foreseen under Article 13(5) of Directive 98/83/EC i; 67 Good chemical status is defined in the Water Framework Directive COM(2016)666 i.

referring to compliance with all the quality standards established for 71 European Environment Agency, 2016. European bathing water quality

chemical substances at European level. in 2015, p. 26 68 Diffuse pollution comes from widespread activities with no one 72 European Environment Agency, State of bathing water , 2016

discrete source. 73 European Commission, Eighth Report on the Implementation Status 69 See tables 6.8 and 6.12 from the COM working staff document (SE) and the Programmes for Implementation of the Urban Waste Water

accompanying the report from the Commission on the Directive (COM (2016)105 final) and Commission Staff Working implementation of the WFD RBMPs (2012). Document accompanying the report (SWD(2016)45 final ).

Sweden 19

water load collected is subject to more stringent Europe is a Union of cities and towns; around 75% of the

treatment in accordance with Article 5 of the Urban EU population are living in urban areas 77 . The urban

Waste Treatment Directive – amounting to 116 environment poses particular challenges for the

agglomerations out of 155 subject to those obligations 74 . environment and human health, whilst also providing

The Commission is following-up on a number of issues in opportunities and efficiency gains in the use of resources.

Sweden, as regards the urban waste water treatment in The Member States, European institutions, cities and both small and large agglomerations, by means of stakeholders have prepared a new Urban Agenda for the infringements. EU (incorporating the Smart Cities initiative) to tackle

Sweden undertook a preliminary assessment of the risk these issues in a comprehensive way, including their of flooding from rivers and lakes only as the majority of connections with social and economic challenges. At the historical floods are of this type 75 . Sweden has up to now heart of this Urban Agenda will be the development of been relatively spared from serious flooding. However, twelve partnerships on the identified urban challenges, with increasing temperatures above global average, and including air quality and housing

78 .

changing precipitation patterns the risk of flooding in The European Commission will launch a new EU

parts of the country will increase. benchmark system in 2017 79 .

Between 2002 and 2013, for the one flood recorded the The EU stimulates green cities through awards and total direct costs were EUR 320 million. The average cost funding, such as the EU Green Capital Award aimed at per flood was EUR 320 million, close to the EU average of cities with more than 100,000 inhabitants and the EU EUR 370 million. Between 2002 and 2013, EUR 289 Green Leaf initiative aimed at cities and towns, with million was invested in flood risk management measures, between 20,000 and 100,000 inhabitants. equivalent to EUR 26 million per year on average. EUR

183 million was from EU funds (but not all of this total Stockholm was the first winner of the European Green

may have been used for flood risk management) 76 . Capital Award in 2010. Stockholm introduced a number of measures to make local transport more sustainable,

Suggested action including the promotion of bicycle lanes and public

• Improve the water monitoring system and status transport, use of alternative fuels and road pricing. Road assessment. pricing was introduced in 2006 in the form of a

• Cover all identified pressures and implementation gaps congestion tax. The tax is imposed on Swedish registered vehicles driving in and out of the Stockholm inner city

with Programmes of Measures that should be

adequately funded. zone on weekdays. Consequently, traffic work and

• Review and improve measures to reduce emissions in the city centre are down by 10-15%

80 . The

city has taken action to reduce traffic noise: Proactive

hydromorphological pressure in river basins. Also, actions, regulations, planning and reduction of noise at licencing policy to allow or maintain hydropower plants the source 81 . Furthermore, Stockholm has adopted an should be reviewed and updated. ambitious planning strategy, aimed at building the city

inwards 82 .

Enhancing the sustainability of cities In Malmö, the SYSAV Waste to Energy plant in Malmö is

The EU Policy on the urban environment encourages the most energy efficient plant in Sweden producing cities to implement policies for sustainable urban district heating 83 . The Traffic Environment Programme planning and design, including innovative approaches for aims to foresee Malmö to become quieter, more urban public transport and mobility, sustainable efficient, cleaner, as well as to reduce its impact on the

buildings, energy efficiency and urban biodiversity conservation.

SDG11 aims at making cities and human settlements 77 European Environment Agency, Urban environment

inclusive, safe, resilient and sustainable. 78 http://urbanagendaforthe.eu/

79 The Commission is developing an Urban Benchmarking and

Monitoring ('UBaM') tool to be launched in 2017. Best practices emerge and these will be better disseminated via the app featuring

74 European Commission, Eighth Report on the Implementation Status the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR,

and the Programmes for Implementation of the Urban Waste Water Committee of the Regions, Covenant of Mayors and others. Directive (COM (2016)105 final) and Commission Staff Working 80 European Commission, European Green Capital Award 2010 & 2011, Document accompanying the report (SWD(2016)45 final ). Catalogue of Best Practice , p.10

75 Commission Staff Working Document, report on the progress in 81 European Commission , European Green Capital Award 2010 & 2011,

implementation of the Floods Directive SDG(2015)51 final p. 55 Catalogue of Best Practice , p.1

76 RPA, 2014. Study on Economic and Social Benefits of Environmental 82 European Commission , European Green Capital Award 2010 & 2011,

Protection and Resource Efficiency Related to the European Catalogue of Best Practice p.30 Semester. Study for the European Commission, Annex 1: Country 83 European Commission, Good Practice & Benchmarking Report fiches European Green Capital Award 2012 & 2013 , p.16

Sweden 20

health of Malmö inhabitants 84 . Measures aim to: reduce Member States to sign, ratify and effectively implement

fossil fuels; improve air quality; reduce noise; and all relevant multilateral environmental agreements increase cycling, walking and public transport. Malmö’s (MEAs) in a timely manner. This will also be an important

large‐scale new development area, the Western Harbour contribution towards the achievement of the SDGs,

(or Västra Hamnen), since initial planning stages, which Member States committed to in 2015 and include transport strategies were incorporated to prioritise many commitments contained already in legally binding collective transport, cycles and pedestrians ahead of cars agreements. to reduce the environmental impact. The world’s first

botanical roof garden was launched in 1999 in Malmo co The fact that some Member States did not sign and/or financed by the LIFE programme. It cover almost one ratify a number of MEAs compromises environmental hectare, and is a unique attraction for Malmö and implementation, including within the Union, as well as

Sweden 85 . the Union’s credibility in related negotiations and international meetings where supporting the

participation of third countries to such agreements is an established EU policy objective. In agreements where voting takes place it has a direct impact on the number of votes to be cast by the EU.

Sweden has signed and ratified almost all MEAs.

Umea has developed an impressive tool called the ‘Green

Target’ that is used as a quality control in the planning

process 86 . It is the objective of Umea to ensure that all

citizens have access to facilities including playgrounds, small groves, lawns etc. within 250m of their homes. In

2015 approximately 89% of citizens were living within

300m of green urban areas larger than 5,000m 2 in inner

city. The town is pioneering the use of ultra-fast charged electric full-size urban buses with hybrid back-up with

benefit for air quality, noise and climate 87 .

International agreements

The EU Treaties require that the Union policy on the environment promotes measures at the international level to deal with regional or worldwide environmental problems.

Most environmental problems have a transboundary nature and often a global scope and they can only be addressed effectively through international co-operation.

International environmental agreements concluded by the Union are binding upon the institutions of the Union and on its Member States. This requires the EU and the

84 European Commission, Good Practice & Benchmarking Report

European Green Capital Award 2012 & 2013 , p.44 85 European Commission, Good Practice & Benchmarking Report

European Green Capital Award 2012 & 2013 , p.22 86 European Commission, Urban Environment Good Practice &

Benchmarking Report European Green Capital Award 2017 , p.18 87 European Commission, Urban Environment Good Practice &

Benchmarking Report European Green Capital Award 2017 , p.60

Sweden 21

Part II: Enabling Framework: Implementation Tools

• 4. 

  Market based instruments and investment

  structure in SE and does not take into account the

Green taxation and environmentally harmful indexation of the CO2 tax.

subsidies From 2001 to 2006 a Green Tax Shift reform programme was undertaken to reallocate taxes from labour to

The Circular Economy Action Plan encourages the use of environmentally harmful activities. The main change as financial incentives and economic instruments, such as regards environmental taxes was that the carbon tax was taxation to ensure that product prices better reflect increased, but other taxes were adjusted too, including environmental costs. The phasing out of environmentally those for vehicles, waste and pesticides. Despite the harmful subsidies is monitored in the context of the ambitious reform programme, revenues from European Semester and in national reform programmes environmentally-related taxes have not kept pace with submitted by Member States. increases in GDP. Hence, since 2001, in Sweden,

Taxing pollution and resource use can generate increased environment-related taxes as a share of GDP have not revenue and bring important social and environmental increased. Partly this has been due to the intended

benefits. behavioral impacts of taxes, and an increased substitution to biofuels in the transport sector. Also the

Expressed in terms of percentage share of GDP, Sweden’s relative advantage for diesel vehicles has eroded environmental tax revenue for 2014 was below the EU28 revenues from the higher-taxed petrol vehicles as the average of 2.46% with 2.21%. In the same year vehicle stock changed.

environmental tax revenues accounted for 5.18% of total

revenues from taxes and social-security contributions Figure 11: Environmental tax revenues as a share of

(EU28 average: 6.35%). As shown in Figure 11, Sweden is total revenues from taxes and social contributions among the countries with the least environmental tax (excluding imputed social contributions) in 2014

91

revenues as a percentage of total tax revenues.

 A 2016 study 88 based on levels of environmental taxes

that already exist in similar countries, shows there might be considerable potential for shifting taxes from labour to environmental taxes in Sweden, which could be used to increase revenues or reduce other taxes. Under a good

practice scenario 89 , these taxes could generate an

additional SEK 30.84 billion (EUR 3.36 billion) in 2018, rising to SEK 79.34 billion (EUR 8.64 billion) in 2030 (both in real 2015 terms). This is equivalent to an increase by 0.68% and 1.26% of GDP in 2018 and 2030,

respectively 90 .

The largest additional contribution would come from the amendments to vehicle taxes generating SEK 68.51 billion in 2030 (EUR 7.46 billion) (real 2015 terms), equivalent to

1.09% of GDP 81 , although this might imply a different tax

88 Eunomia Research and Consulting, IEEP, Aarhus University, ENT,

2016. Study on Assessing the Environmental Fiscal Reform Potential for the EU28 N.B. National governments are responsible for setting tax rates within the EU Single Market rules and this report is not suggesting concrete changes as to the level of environmental taxation. It merely presents the findings of the 2016 study by Eunomia et al on the potential benefits various environmental taxes could bring. It is then for the national authorities to assess this study and their concrete impacts in the national context. A first step in this respect, already done by a number of Member States, is to set up expert groups to assess these and make specific proposals.

89 The good practice scenario means benchmarking to a successful There has been a focus on removing, or limiting, taxation practice in another Member State. exemptions, and reductions in tax rates for carbon and

90 Eunomia Research and Consulting, IEEP, Aarhus University, ENT,

2016. Study on Assessing the Environmental Fiscal Reform Potential

Sweden 22

energy. A package agreed in 2009 aims at limiting these, strengthen public procurement. To this end, the financial stepwise, up to 2015, with the biggest reductions to envelope dedicated to GPP support actions was materialize in the final year. Further, discounts in carbon increased. tax on heating fuels in the non-ETS sectors have been

progressively reduced and will be totally abolished in In September 2016 the Swedish National Agency for

2018. From 2017 an additional annual appreciation rule Public Procurement (UHM) was founded. The agency has for taxes on petrol and diesel is has been introduced. The an overall responsibility for developing and supporting energy and carbon taxes on fossil fuels have been the procurement carried out by the contracting adjusted annually in line with the consumer price index authorities and entities. Sweden has adopted a voluntary since the 1990’s, and for taxes on petrol and diesel a link GPP approach and UHM’s criteria library consists of a to GDP growth has been introduced from 2017 by an comprehensive database of sustainability standards. annual adjustment at the rate of GDP growth plus two With the help of an online wizard, contracting authorities

percentage points. are guided through the different environmental criteria available for a number of products. The wizard allows the

Sweden’s move towards environmental taxes seems to selection of three levels of criteria: basic, advanced and have lost some momentum, since the end of the Green frontrunner. Tax Shift in 2006. The shares of taxes related to transport

remain fairly modest and so are the taxes related to In addition to the ready-to-use criteria, contracting

pollution and resources. authorities are able to ‘design’ their own GPP criteria with the support available on the website of the UHM. In

this case, criteria consist predominantly of Eco-labels and

Green Public Procurement environmental management systems

94 .

The EU green public procurement policies encourage According to a GPP monitoring survey from 2013 carried out by the Swedish Environmental Protection Agency

Member States to take further steps to reach the target

of applying green procurement criteria to at least 50% of 53% of organisations have internal environmental

public tenders. objectives and/or internal GPP policies, in case internal environmental objectives are set up, these are monitored

Green Public Procurement (GPP) is a process whereby

public authorities seek to procure goods, services and in 56% of cases, environmental requirements are applied

works with a reduced environmental impact throughout by respondents in transportation: 74%, energy: 69%, IT equipment: 66%, food products: 58%, and construction:

their life-cycle when compared to goods, services and

works with the same primary function that would 52%

95 .

otherwise be procured.

The purchasing power of public procurement equals to Investments: the contribution of EU funds

approximately 14% of GDP 92 . A substantial part of this

money is spent on sectors with high environmental

impact such as construction or transport, so GPP can help European Structural and Investment Funds Regulations to significantly lower the impact of public spending and provide that Member States promote environment and foster sustainable innovative businesses. The climate objectives in their funding strategies and

Commission has proposed EU GPP criteria 93 . programmes for economic, social and territorial cohesion, rural development and maritime policy, and

Sweden is one of the forerunners on GPP. A national reinforce the capacity of implementing bodies to deliver strategy on public procurement, including GPP, was cost-effective and sustainable investments in these areas. endorsed by government on 30 June 2016 GPP criteria

are developed at the national level for construction and Making good use of the European Structural and real estate, cleaning and chemicals, vehicles and Investment Funds (ESIF)

96 is essential to achieve the

transportation, office and textiles, electricity and lighting, environmental goals and integrate these into other policy

food, health and care, services, and toxic free child care. areas. Other instruments such as the Horizon 2020, the LIFE programme and European Fund for Strategic

Since 2013, green and sustainable public procurement have been at the forefront of government initiatives to

94 PwC, 2015. Strategic use of public procurement in promoting green,

social and innovative policies , study for the European Commission

92 European Commission, 2015. Public Procurement 95 PwC, 2015. Strategic use of public procurement in promoting green,

93 In the Communication “Public procurement for a better environment” social and innovative policies , study for the European Commission

(COM /2008/400) the Commission recommended the creation of a 96 ESIF comprises five funds – the European Regional Development process for setting common GPP criteria. The basic concept of GPP Funds (ERDF), the Cohesion Fund (CF), the European Social Fund relies on having clear, verifiable, justifiable and ambitious (ESF), the European Agricultural Fund for Rural Development environmental criteria for products and services, based on a life-cycle (EAFRD), and the European Maritime and Fisheries Fund (EMFF). The approach and scientific evidence base. ERDF, the CF and the ESF together form the Cohesion Policy funds.

Sweden 23

Investment 97 (EFSI) may also support implementation

and spread of best practice.

Sweden has ERDF funding of EUR 945m over the 2014-

2020 programming period (see Figure 12), and focuses this limited allocation on smart and sustainable growth areas which explicitly or not – contribute to the improvement of the environment or address climate change.

The Swedish priorities in EAFRD where SE has EUR 1

764m European funding over the 2014-2020 programming period are 63% for measures that support environment and climate (including investments).

Figure 12: European Structural and Investment Funds

2014-2020: Budget Sweden by theme, EUR billion 98

It is too early to draw conclusions as regards the use and results of ESIF funds for the period 2014-2020, as the relevant programmes are still in an early stage of their implementation.

To address the venture capital gap in the green sector, a

Green fund with a total budget of SEK 1 300m has been set up within the National ERDF programme. The green sector is a high risk market as there is a long time to market and large investments required in the early stages. The managing authority is therefore setting up a Green fund to provide venture capital to companies in the clean energy sector (50% ERDF and 50% financial intermediary) which will then co-finance (pari-passu with private capital) portfolio companies.

97 EIB: European Fund for Strategic Investments

98 European Commission, European Structural and Investment Funds

Data By Country

Sweden 24

• 5. 

  Effective governance and knowledge

SDG 16 aims at providing access to justice and building

effective, accountable and inclusive institutions at all Capacity to implement rules

levels. SDG 17 aims at better implementation, improving It is crucial that central, regional and local policy coordination and policy coherence, stimulating administrations have the necessary capacities and skills science, technology and innovation, establishing and training to carry out their own tasks and co-operate partnerships and developing measurements of progress. and co-ordinate effectively with each other, within a

Effective governance of EU environmental legislation and system of multi-level governance. policies requires having an appropriate institutional While environmental policy is highly integrated in other framework, policy coherence and coordination, applying policy areas and in the work of sectoral policy areas, it is legal and non-legal instruments, engaging with nonthe Ministry of the Environment and Energy that is governmental stakeholders, and having adequate levels responsible for establishing environmental policies

of knowledge and skills 99 . Successful implementation regarding chemicals, natural environment and biological

depends, to a large extent, on central, regional and local diversity. The Swedish Environmental Protection Agency government fulfilling key legislative and administrative founded in 1967 reports to the Ministry. There is also IVL tasks, notably adoption of sound implementing the Swedish Environmental Research Institute which is an legislation, co-ordinated action to meet environmental independent, non-profit research institute, owned by a objectives and correct decision-making on matters such foundation jointly established by the Swedish as industrial permits. Beyond fulfilment of these tasks, Government and Swedish industry. The 2013 European government must intervene to ensure day-to-day Quality of Government Index puts Sweden in third place compliance by economic operators, utilities and out of the 28 Member States 100 .

individuals ("compliance assurance"). Civil society also

has a role to play, including through legal action. To Transposition and implementation of EU environmental underpin the roles of all actors, it is crucial to collect and legislation by Sweden has traditionally been good. In share knowledge and evidence on the state of the general, Sweden communicates the transposition environment and on environmental pressures, drivers legislation fast and the overall conformity of Swedish and impacts. environmental legislation with the EU legislation is good.

The number of infringements and complaints is low.

Equally, effective governance of EU environmental However, lodged complaints are often very welllegislation and policies benefits from a dialogue within reasoned and serious.

Member States and between Member States and the

Commission on whether the current EU environmental The implementation of the urban waste water treatment legislation is fit for purpose. Legislation can only be Directive is currently the issue of with two ongoing properly implemented when it takes into account infringement cases related to agglomerations which do experiences at Member State level with putting EU not meet the EU law standards. Licensed wolf hunting, commitments into effect. The Make it Work initiative, a initiated in 2010 and still pursued, is also a major issue of Member State driven project, established in 2014, implementation of the nature protection legislation. organizes a discussion on how the clarity, coherence and Coordination and integration

structure of EU environmental legislation can be

improved without lowering existing protection standards. It is crucial that the Ministry of Environment and the

Agency have the necessary capacities and skills and training to carry out their own tasks and co-operate and

Effective governance within central, regional co-ordinate effectively with each other, within a system

and local government of multi-level governance.

Those involved in implementing environment legislation Impact assessments are important tools to ensure at Union, national, regional and local levels need to be environmental integration in all government policies

101 .

equipped with the knowledge, tools and capacity to The Commission issued a guidance document in 2016 102

improve the delivery of benefits from that legislation, and the governance of the enforcement process. 100 Charron N., 2013. European Quality of Government Index (EQI)

101 Article 11 of the TFEU provides that "Environmental protection

requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular

99 The Commission has work ongoing to improve the country-specific with a view to promoting sustainable development." knowledge about quality and functioning of the administrative 102 European Commission, 2016. Commission notice — Commission systems of Member States. guidance document on streamlining environmental assessments

Sweden 25

regarding the setting up of coordinated and/or joint is a valuable tool for sharing experience and good procedures that are simultaneously subject to practices. assessments under the EIA Directive, Habitats Directive,

Water Framework Directive, and the Industrial Emissions Figure 13: Environmental compliance assurance

Directive 103 .

Compliance assurance

EU law generally and specific provisions on inspections, other checks, penalties and environmental liability help lay the basis for the systems Member States need to have in place to secure compliance with EU environmental rules.

Public authorities help ensure accountability of dutyholders by monitoring and promoting compliance and by taking credible follow-up action (i.e. enforcement) when breaches occur or liabilities arise. Compliance monitoring Currently, there exist a number of sectoral obligations on can be done both on the initiative of authorities inspections and the EU directive on environmental

themselves and in response to citizen complaints. It can liability (ELD) 109 provides a means of ensuring that the involve using various kinds of checks, including "polluter-pays principle" is applied when there are inspections for permitted activities, surveillance for accidents and incidents that harm the environment. possible illegal activities, investigations for crimes and There is also publically available information giving audits for systemic weaknesses. Similarly, there is a range insights into existing strengths and weaknesses in each of means to promote compliance, including awareness Member State. raising campaigns and use of guidance documents and

online information tools. Follow-up to breaches and For each Member State, the following were therefore liabilities can include administrative action (e.g. reviewed: use of risk-based compliance assurance; withdrawal of a permit), use of criminal law 104 and action coordination and co-operation between authorities and under liability law (e.g. required remediation after participation in pan-European networks; and key aspects damage from an accident using liability rules) and of implementation of the ELD based on the Commission's contractual law (e.g. measures to require compliance recently published implementation report and REFIT with nature conservation contracts). Taken together, all evaluation

110 .

of these interventions represent "compliance assurance" In Sweden, compliance promotion activities are as shown in Figure 13. conducted at regional and local level but there is

Best practice has moved towards a risk-based approach evidence that these could be improved

111 . Planning of

at strategic and operational levels in which the best mix environmental compliance monitoring based on riskof compliance monitoring, promotion and enforcement is based approaches is widely used in Sweden and thematic directed at the most serious problems. Best practice also inspection campaigns based on standard inspection recognises the need for coordination and cooperation manuals and checklists are regularly conducted in between different authorities to ensure consistency, attempts to establish a tailored approach to individual avoid duplication of work and reduce administrative economic sectors

112 . However, variations still exist,

burden. Active participation in established pan-European 106

networks of inspectors, police, prosecutors and judges, European Union Forum of judges for the environment 107

such as IMPEL 105 , EUFJE 106 , ENPE 107 and EnviCrimeNet 108 , The European Network of Prosecutors for the Environment 108 EnviCrimeNet

109 European Union, Environmental Liability Directive 2004/35/CE 110 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This

conducted under Article 2(3) of the Environmental Impact highlighted the need for better evidence on how the directive is used Assessment Directive (Directive 2011/92/EU of the European in practice; for tools to support its implementation, such as guidance, Parliament and of the Council, as amended by Directive 2014/52 i/EU). training and ELD registers; and for financial security to be available in

103 European Commission, 2016. Commission notice — Commission case events or incidents generate remediation costs. guidance document on streamlining environmental assessments 111 OECD, Environmental Performance Reviews: Sweden 2014 , p. 53f. It

conducted under Article 2(3) of the Environmental Impact notes that practices vary significantly and the perception of Assessment Directive (D irective 2011/92/EU of the European businesses seems to be that it is difficult to find information on new Parliament and of the Council, as amended by Directive 2014/52 i/EU). regulatory requirements and how at best to comply with them

104 European Union, Environmental Crime Directive 2008/99/EC 112 Mazur E., 2011. Environmental Enforcement in Decentralised

105 European Union Network for the Implementation and Enforcement Governance Systems: Towards a Nationwide Level Playing Field, of Environmental Law OECD Environment Working Papers , No 34, p. 19.

Sweden 26

reflecting factors such as resource constraints 113 . As following:

regards enforcement, , the use of conditional fines (that

are linked to compliance order and determined on the − data-collection arrangements to track the use and basis of the estimated costs for the prescribed corrective effectiveness of different compliance assurance actions) seems to be a useful tool for bringing dutyinterventions, in particular the results of the SEPA holders back to compliance 114 . However, the set of research project; sanctions applicable to environmental offences is not − the extent to which risk-based methods are used to flexible enough to respond to different types of nondirect compliance assurance at the strategic level compliance behaviour 115 , there are significant differences and in relation to specific problem-areas highlighted in sanctions application across the country have been elsewhere in this Country Report, i.e. the threats to observed 116 , and there is evidence of scope for protected habitat types and species, air quality improvement in how inspectors and prosecutors work breaches and the pressures on water quality from together 117 , given low prosecution rates in serious diffuse pollution.

cases 118 . Sweden reported five incidents of environmental damage in the period 2007 – 2013, of which two were initiated by

Since 2011, the Swedish Environmental Protection requests for action. One of the five involved remediation

Agency (SEPA) has produced annual compliance costs exceeding EUR 1 million. There is a lack of monitoring and enforcement reports which include ininformation on the take-up of financial security provided and output statistics and SEPA has commissioned a big by the insurance industry (to cover remediation costs research project to explore tools for more effective where the operator cannot pay) following Sweden's inspection work and better performance evaluation and abolition in 2010 of mandatory financial security. to tackle the problem of insufficient data on compliance

assurance 119 . Suggested action

Up-to-date information is lacking in relation to the • Improve transparency on the organisation and

functioning of compliance assurance and on how

113 OECD, Environmental Performance Reviews: Sweden 2014 , p. 54-55. significant risks are addressed, as outlined above.

Mazur E., 2011. Environmental Enforcement in Decentralised • Encourage greater participation of competent

Governance Systems: Towards a Nationwide Level Playing Field, authorities in the activities of the European

OECD Environment Working Papers , No 34, p. 19; Study on

'Information collection and impact assessment of possible environmental enforcement networks.

requirements for environmental inspections in the area of EU • Step up efforts in the implementation of the

legislation on water, nature protection and trade in certain Environmental Liability Directive (ELD) with proactive

environmentally sensitive goods', 2013 IEEP/BioIntelligence/Ecologic, initiatives, in particular by setting up a national register

• p. 

  292 (referring to a 2013 study examining effectiveness of

environmental inspection authorities - Holstein, F. and Gren, I. 2013, of ELD incidents. It should moreover take further steps

Violation of environmental regulations in Sweden: Economic motives, to ensure an effective system of financial security for

environmental attitudes, and social capital, Swedish University of environmental liabilities (so that operators not only

Agricultural Sciences, Department of Economics, Working Paper have insurance cover available to them but actually

03/2013).

114 Mazur E., 2011. Environmental Enforcement in Decentralised take it up). The Swedish government has already

Governance Systems: Towards a Nationwide Level Playing Field, started to investigate if actions or measures need to be

OECD Environment Working Papers , No 34, p. 22; OECD, taken in order to improve the current system for

Environmental Performance Reviews: Sweden 2014 , p. 56. financial securities to ensure sufficient financial

115 According to the OECD, Environmental Performance Reviews:

Sweden 2014 , p. 56, inspection authorities do not have discretion in security when needed.

determining monetary sanctions and the administrative fines imposed do not take sufficient account of the causes for the occurred

breaches and the environmental damage caused. Public participation and access to justice

116 Sjoberg E., 2013. Decentralized enforcement of national legislation:

Political influence on environmental fines in Swedish municipalities The Aarhus Convention, related EU legislation on public

117 Sweden has indicated that a government committee was established participation and environmental impact assessment, and

(Dir. 2016:32) with the task of exploring, among other things, ways of the case-law of the Court of Justice require that citizens

improving the cooperation between inspectors on one hand and

police and prosecutors on the other. This committee will also analyse and their associations should be able to participate in

the system for financing of inspections and compliance assurance as decision-making on projects and plans and should enjoy

well as the system for compliance assurance cooperation at national, effective environmental access to justice.

regional and the municipality level. The committee will present the

outcome of its work in April 2017. Citizens can more effectively protect the environment if 118 OECD, Environmental Performance Reviews: Sweden 2014 , p. 56. they can rely on the three "pillars" of the Convention on

119 See Study on 'Information collection and impact assessment of Access to Information, Public Participation in Decisionpossible

requirements for environmental inspections in the area of

EU legislation on water, nature protection and trade in certain making and Access to Justice in Environmental Matters

environmentally sensitive goods', 2013 IEEP/BioIntelligence/Ecologic, ("the Aarhus Convention"). Public participation in the

• p. 

  293; OECD Environmental Performance Reviews: Sweden 2014, p. administrative decision making process is an important

48, 55.

Sweden 27

element to ensure that the authority takes its decision on It is of crucial importance to public authorities, the public the best possible basis. The Commission intends to and business that environmental information is shared in examine compliance with mandatory public participation an efficient and effective way. This covers reporting by requirements more systematically at a later stage. businesses and public authorities and active

Access to justice in environmental matters is a set of dissemination to the public, increasingly through guarantees that allows citizens and their associations to electronic means.

challenge acts or omissions of the public administration The Aarhus Convention 122 , the Access to Environmental before a court. It is a tool for decentralised Information Directive 123 and the INSPIRE Directive 124

implementation of EU environmental law. together create a legal foundation for the sharing of

For each Member State, two crucial elements for environmental information between public authorities effective access to justice have been systematically and with the public. They also represent the green part of reviewed: the legal standing for the public, including the ongoing EU e-Government Action Plan

125 . The first

NGOs and the extent to which prohibitive costs represent two instruments create obligations to provide

a barrier. information to the public, both on request and actively. The INSPIRE Directive is a pioneering instrument for

In general, the existing rules and provisions in Sweden electronic data-sharing between public authorities who concerning access to administrative appeal and to judicial can vary in their data-sharing policies, e.g. on whether review are predictable and transparent. However, access to data is for free. The INSPIRE Directive sets up a environmental NGOs still do not have legal standing in all geoportal which indicates the level of shared spatial data environmental sectors. Also the conditions to be in each Member State – i.e. data related to specific recognised as an environmental NGOs are partly too locations, such as air quality monitoring data. Amongst restricted. The costs of administrative court procedure, other benefits it facilitates the public authorities' however, are not considered as being prohibitively reporting obligations.

high 120 . For each Member State, the accessibility of

The Swedish government has assigned a government environmental data (based on what the INSPIRE Directive committee (Dir. 2015:121) with the task of investigating, envisages) as well as data-sharing policies ('open data') among other things, whether further measures are have been systematically reviewed. necessary in order for Sweden to comply with the Aarhus

Convention with regard to legal standing for Sweden's performance on the implementation of the

environmental NGOs in the forestry sector 121 . INSPIRE Directive as enabling framework to actively disseminate environmental information to the public is

Suggested action good, but leaves room for improvement. Sweden has

• Take the necessary measures to ensure standing of indicated in the 3-yearly INSPIRE implementation environmental NGOs to challenge acts or omissions of report

126

  that the necessary data-sharing policies

a public authority in all sectoral EU environmental laws, allowing access and use of spatial data by national in full compliance with EU law as well as the administrations, other Member States' administrations Convention on Access to Information, Public and EU institutions without procedural obstacles are Participation in Decision-making and Access to Justice available and implemented. Sweden has currently no

in environmental matters (Aarhus Convention). common digital licence administration regarding access to data and services infrastructure, but the data-sharing

policies in place provide the essential conditions

Access to information, knowledge and necessary for sharing spatial data sets and services. It is

evidence still common that the access to spatial data requires registration and that fees are asked for downloading

The Aarhus Convention and related EU legislation on data. The general trend towards open and free data in access to information and the sharing of spatial data Sweden will in the long term remove the need to register require that the public has access to clear information on and the payment of fees. the environment, including on how Union environmental law is being implemented.

120 European Commission, 2012/2013 access to justice in environmental 122 European Commission, The Aarhus Convention matters 123 European Union, Directive 2003/4/EC on public access to

121 The committee will present the investigation 31 March 2017. environmental information

Regarding the conditions for being recognised as an environmental 124 European Commission, 2016. INSPIRE Directive NGO, a proposal by the Ministry of the Environment and Energy to 125 European Union, EU eGovernment Action Plan 2016-2020 -

change the conditions, including the removal of the condition which Accelerating the digital transformation of government COM(2016) only grants NGOs that have been active for at least three years in 179 final

Sweden legal standing, is currently being circulated for referral. 126 European Commission, 2016. Inspire – Monitoring and Reporting

Sweden 28

Assessments of monitoring reports 127 issued by Sweden

and the spatial information that Sweden has published

on the INSPIRE geoportal 128 indicate that not all spatial

information needed for the evaluation and implementation of EU environmental law has been made available or is accessible. Some of this missing spatial information consists of the environmental data required to be made available under the existing reporting and monitoring regulations of EU environmental law.

Suggested action

• Identify and document all spatial data sets required for the implementation of environmental law, and make the data and documentation at least accessible 'as is' to other public authorities and the public through the digital services foreseen in the INSPIRE Directive.

127 Inspire indicator trends

128 Inspire Resources Summary Report