Europaudvalget 2017
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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}
{SWD(2017) 33 - 55 final}
{SWD(2017) 57 - 60 final}
EN
EN
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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:
[email protected]
More information on the European Union is available on the internet (http://europa.eu).
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.
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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
Public participation and access to justice ........................................................................................... 26
Access to information, knowledge and evidence................................................................................ 27
3
Environmental Implementation Report – Sweden
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4
Executive summary
About the Environmental Implementation Review
In May 2016, the Commission launched the
Environmental Implementation Review (EIR), a two-year
cycle of analysis, dialogue and collaboration to improve
the implementation of existing EU environmental policy
and legislation
1
. As a first step, the Commission drafted
28 reports describing the main challenges and
opportunities on environmental implementation for each
Member State. These reports are meant to stimulate a
positive debate both on shared environmental challenges
for the EU, as well as on the most effective ways to
address the key implementation gaps. The reports rely on
the detailed sectoral implementation reports collected or
issued by the Commission under specific environmental
legislation as well as the 2015 State of the Environment
Report and other reports by the European Environment
Agency. These reports will not replace the specific
instruments to ensure compliance with the EU legal
obligations.
The reports will broadly follow the outline of the 7th
Environmental Action Programme
2
and refer to the 2030
Agenda for Sustainable development and related
Sustainable Development Goals (SDGs)
3
to the extent to
which they reflect the existing obligations and policy
objectives of EU environmental law
4
.
The main challenges have been selected by taking into
account factors such as the importance or the gravity of
the environmental implementation issue in the light of
the impact on the quality of life of the citizens, the
distance to target, and financial implications.
The reports accompany the Communication "The
EU
Environmental Implementation Review 2016: Common
challenges and how to combine efforts to deliver better
results",
which identifies challenges that are common to
several Member States, provides preliminary conclusions
on possible root causes of implementation gaps and
proposes joint actions to deliver better results. It also
groups in its Annex the actions proposed in each country
report to improve implementation at national level.
hydropower and iron ore constitute the natural resource
base of its economy, therefore sustainable management
and use of these resources is crucial for sustainable
development of Swedish economy. Certain aspects of the
environmental status of seas, lakes, watercourses and
ground waters, and of several terrestrial ecosystems,
remain problematic, not least as regards eutrophication
and biodiversity.
Main Challenges
The three main challenges with regard to
implementation of EU environmental policy and law in
Sweden are:
Improving the status of habitats, in particular
grassland, for which all types are in unfavourable
conservation status.
Improving the quality of the monitoring programme
of SE marine waters.
Reducing emissions of air pollutants.
Main Opportunities
Sweden could perform better on topics where there is
already a good knowledge base and good practices. This
applies in particular to:
Reducing pressures from agriculture and natural
systems modification, which would help move
towards favourable status of birds and habitats.
Points of Excellence
Where Sweden is a leader on environmental
implementation, innovative approaches could be shared
more widely with other countries. Good examples are:
The very good performance of Sweden on waste
recycling; Sweden has reached the EU 2020 recycling
rate target of 50% in 2014 (49.9%), being well ahead
of the EU average (43%).
In 2015 the government established an
Environmental Objectives Council to strengthen the
implementation of environmental policies. The
Council is a platform for Heads of agencies that are
strategically important for achieving environmental
objectives.
In 2014 the government adopted a strategy for
biodiversity and ecosystem services
5
. The strategy
has significance not only for many of its own
objectives and its generational goal but also for the
international Aichi targets adopted under the
Convention on Biological Diversity, as well as the
objectives of the EU's biodiversity strategy.
General profile
Sweden is a country with long coastlines, thousands of
lakes, freshwater streams, mountains and deep forests.
Sweden is an export-oriented mixed economy. Timber,
1
Communication "Delivering the benefits of EU environmental policies
through a regular Environmental Implementation Review"
(COM/2016/
316 final).
2
Decision No. 1386/2013/EU of 20 November 2013 on a General Union
Environmental Action Programme to 2020 "Living
well, within the
limits of our planet".
3
United Nations, 2015.
The Sustainable Development Goals
4
This EIR report does not cover climate change, chemicals and energy.
5
http://www.government.se/articles/2015/08/swedish-strategy-for-
biodiversity-and-ecosystem-services/
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5
Part I: Thematic Areas
1. Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
Developing a circular economy and improving
resource efficiency
The 2015 Circular Economy Package emphasizes the need
to move towards a lifecycle-driven ‘circular’ economy,
with a cascading use of resources and residual waste that
is close to zero. This can be facilitated by the
development of, and access to, innovative financial
instruments and funding for eco-innovation.
SDG 8 invites countries to promote sustained, inclusive
and sustainable economic growth, full and productive
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.
Objectives (EQOs) have been formulated for 16 areas
(Ministry of Environment). The objectives are related to
climate, air quality, acidification, forest, wetlands, oceans
and coasts, lakes, mountains, urban environment,
agriculture, toxic substances, radiation, ozone,
groundwater and biodiversity.
Figure 1: Resource productivity 2003-15
9
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
productivity
7
(how efficiently the economy uses material
resources to produce wealth) that is below the EU
average, with 1.74 EUR/kg (EU average is 2.0 EUR/kg) in
2015
8
. This is largely due to the structure of the Swedish
economy and its large primary sector. More significant is
that Sweden's resource productivity has decreased
modestly since 2010.
The context for the policies relating to eco-innovation
and circular economy is the generational goal adopted by
the Swedish Parliament, which is the overarching
objective of environment policy and guides
environmental action at every level of society, from the
national level up to engagement at the EU and global
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
health problems beyond Sweden’s borders. To attain the
generational goal, national Environmental Quality
6
7
The National Environmental Technology Strategy, in use
between 2011 and 2014, has been evaluated by the
agency Growth Analysis. The evaluation concludes that
the majority of the measures in the strategy can be
considered to contribute, to some extent, to achieving
the strategy goals, because these measures reached the
target group identified by the government.
The government established a new agency for public
procurement in September 2015. This agency is assigned
to give support through consultation, practical tools and
methods within the area of public procurement in
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
extra emphasis on environmentally friendly procurement
as an instrument to achieve the policy objectives in the
environmental area. This is considered to contribute to
sustainability in the wider sense, including social and
economic dimensions
10
.
A study from 2014 by the Swedish Agency for Growth
Policy Analysis benchmarked the manufacturing sector of
Sweden with other countries. The highest performing
sectors in terms of the green innovation index and
comparative advantage are motor vehicles, special-
purpose machinery and furniture with 26%, 5% and 2%
9
European Commission, 2015.
Proposed Circular Economy Package
Resource productivity is defined as the ratio between gross domestic
product (GDP) and domestic material consumption (DMC).
8
Eurostat,
Resource productivity,
accessed October 2016
10
Eurostat,
Resource productivity,
accessed October 2016
The National Agency for Public Procurement, 2016.
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shares of green inventions, respectively, far above the
world average in these sectors. These sectors also
perform well in comparative advantage terms. They are
clear strengths in green competitiveness terms and are
well positioned to prosper in the future green economy.
The non-metallic mineral products sector also has
remarkable performance in terms of green innovation
activity, but does not currently enjoy a comparative
advantage. This sector presents a clear opportunity to
maintain and expand market share in the future through
greening. Parts and accessories for motor vehicles and
structural metal products, tanks, reservoirs and steam
generators, are lagging behind competitor countries.
However, they have high green patenting activity overall
(7% and 8% green patents, respectively), which means
they are probably not at risk.
Several sectors that fall into the ‘threats’ quadrant in the
analysis are: telecommunication, paper and paper
products, general-purpose machinery, and other
chemical products.
The Swedish eco-tech industry has developed a strong
position in waste management and processing
technologies, including reuse and recycling, waste water
purification, biogas and other renewable energy sources,
indoor air quality (energy-saving ventilation and air
filtration), heating and cooling technologies (district
heating/cooling and heat pumps), power transmission
and the automation of technical systems in buildings.
Start-ups are also important in an innovative society and
the types of SMEs emerging can be an indicator of trends
as they often depend in finance from organisations or
people who are interested in investing in a particular
business sector.
Being among the best achieving actors in Europe
regarding the environment, Sweden has many good
practices to share in a number of different sectors such
as textiles and construction. SE is eager to exploit the
new concepts of a sharing economy, industrial symbiosis,
collaborative consumption, etc.
efficiency and green markets"
11
, it is shown that 56% of
Sweden's SMEs have invested up to 5% of their annual
turnover in their resource efficiency actions (EU28
average 50%), 38% of them are currently offering green
products and services (EU28 average 26%), 67% took
measures to save energy (EU28 average 59%), 68% to
minimise waste (EU28 average 60%), 43% to save water
(EU28 average 44%), and 65% to save materials (EU28
average 54%). From a circular economy perspective, 60%
took measures to recycle by reusing material or waste
within the company (EU28 average 40%), 32% to design
products that are easier to maintain, repair or reuse
(EU28 average 22%) and 40% were able to sell their scrap
material to another company (EU28 average 25%).
According to the Flash 426 Eurobarometer, the resource
efficiency actions undertaken allowed the reduction of
production costs in a 35% of the Sweden' SMEs (EU28
average 45%).
The number of SMEs in the Swedish ‘non-financial
business economy’ is average for Europe. They account
for 5% of value added and 66% of employment.
The Flash 426 Eurobarometer "SMEs, resource efficiency
and green markets" shows that 39% of the SMEs in the
Sweden have one or more full time employee working in
a green job at least some of the time (EU28 average
35%). Sweden has an average number of 2.0 full time
green employees per SME (EU28 average 1.7%)
12
.
6
Eco-innovation
With an overall score of 124.5, Sweden is fifth in the
ranking on the Eco-Innovation Scoreboard. This is lower
than the results of 2013, when Sweden held first place
with 138.3 points. The Nordic countries have been
successful in eco-innovation throughout 2010-2015. They
have held rankings within the top five, and Sweden has
been in the top three during 2011-2013, peaking in 2013
at first place. But the scores from 2015 are pointing at a
trend where Sweden is losing at least some of its leading
edge. In 2015, Denmark, Finland, Ireland and Germany
have all overtaken Sweden.
This seems to be a result of a decline of Sweden’s eco-
innovation performance, combined with an increase in
absolute scores. In first place is Denmark, with a score of
166.5 (compared to Sweden’s leading score of 138.3 in
2013). Runner-up is Finland with a score of 140.2, with
Ireland in the third place and Germany in the fourth.
SMEs and resource efficiency
In 2010, Small and Medium-sized enterprises (SMEs) had
already recovered from the crisis lows of 2009. In 2008-
2014, their value added increased by 22%. Recovery in
employment was not as strong, though SME employment
was still 5% higher than in 2008.
Sweden's small business administration (SBA) profile
stands well above the EU average in most areas. Better
focused public support strategies to encourage SMEs to
invest in resource-efficient measures and the production
of green products will improve Swedish SMEs’ ability to
face environmental challenges.
In the Flash 426 Eurobarometer "SMEs, resource
11
12
European Commission, 2015.
Flash 426 Eurobarometer
The Flash 426 Eurobarometer "SMEs, resource efficiency and green
markets" defines "green job" as a job that directly deals with
information, technologies, or materials that preserves or restores
environmental quality. This requires specialised skills, knowledge,
training, or experience (e.g. verifying compliance with environmental
legislation, monitoring resource efficiency within the company,
promoting and selling green products and services).
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Figure 2: Eco-Innovation Index 2015 (EU=100)
13
There is an explicit political ambition that by focusing on
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 eco-
innovation 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
structural change. The website Swedishcleantech.se is
the official business-to-business (B2B) platform for
Swedish companies, with the purpose of contributing to
the development, commercialisation and export of
Swedish environmental technology. It also aims to lead
the company to the appropriate public actor. The website
is operated and developed by the Swedish Agency for
Economic and Regional Growth (Tillväxtverket) in
cooperation with the authorities, industry and
stakeholder associations, as well as regional
environmental technology actors. The Association of
Swedish Environmental Technology Industries (ASSET) is
the umbrella organisation for the regional actors in the
Swedish environmental technology sector
16
. The
organisation´s aim is to strengthen Swedish cleantech
companies through business driven collaboration.
Studies show that Swedish companies have previously
responded to regulatory drivers of eco-innovation. One
study on eco-innovative measures in large Swedish
companies found that – in addition to regulations –
consumer demands and business opportunities (via cost
reductions, for example) are presently considered as
drivers .
According to a survey published by the European
13
14
7
The most important driver is the overarching political
ambition in Sweden to create green structural change by
focusing on sustainable growth and eco-innovation. This
is clearly manifested in the ‘generational goal’ – the
overall goal of Swedish environmental policy – which
defines the direction of the changes in society that need
to occur within one generation if the country’s
environmental quality objectives are to be achieved.
With that as a starting point, the generational goal is
intended to guide environmental action at every level in
society. A number of important points have been added
to it. One is that efforts to solve Sweden’s environmental
problems must not come at the price of environmental
and health problems being exported to other countries.
An All Party Committee on Environmental Objectives has
been set up to secure broad political consensus on
environmental issues. Its role is to advise the government
on how the generational goal and the environmental
quality objectives can be achieved in a way that is cost-
effective in economic terms. The committee is made up
of Members of Parliament, together with advisers and
experts from non-governmental organisations and
government ministries. Its overall remit runs to the end
of 2020
14
.
Eco-innovation Observatory:
Eco-Innovation scoreboard 2015
Swedish Environmental Protection Agency, 2016.
All Party
Committee on Environmental Objectives
15
16
Growth Analysis, Growth Facts, 2013
http://asset.nu/en/
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Commission, companies stated that the biggest obstacles
to more investment in eco-innovation were uncertain
market demand and uncertain return on investment, and
almost the same number stated that obstacles connected
with funding (such as access to own funding, insufficient
availability of subsidies or tax relief) were serious
obstacles . Swedish companies in the survey generally
made the same assessment of the obstacles as other
European companies. The most important driving forces
for more investment in eco-innovation for both Swedish
and European companies were expected and current
energy prices and material prices. Furthermore, Swedish
companies thought greater demand for green products,
good business partners, and the availability of technology
and leadership were important driving forces for
investment in eco-innovation.
The main challenge identified is that there is no money
for the early stages of business development and for
companies that want to grow. The biggest obstacles to
more venture capital investment in the cleantech sector
are stated to be that measures are too capital-intensive,
long-term and difficult to scale up, and that the risks
related to both technology and policy are considered to
be higher. All in all, this leads to environmental
technology, and first and foremost the energy sector,
becoming less attractive to private venture capital, which
then tends to prefer small capital-intensive investments
with lower risk and faster return on investment. Venture
capital investments have decreased continuously in
recent years, from close to 0.07% of GDP in 2007 to
about 0.025% in 2014. The shortcomings in the state's
venture capital activities consist in them not being active
enough, being governed by sectoral and regional lock-ins,
and being inefficient (Ministry of Industry, Employment
and Communications, 2016).
To tackle this, Sweden has included the establishment of
a green investment fund in the programmes for the
Swedish use of EU regional funds 2014–2020, with the
purpose of strengthening the supply of venture capital
early stage funding to businesses in the climate and
energy technologies and service sectors. The managing
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
a proposal on a new structure to finance innovation and
sustainable growth. This new structure was decided by
the parliament in June 2016 and is now partly
established
17
.
The Swedish Environmental Technology Strategy and
Growth Analysis evaluation
From 2011 to 2014, the Government of Sweden
implemented an Environmental Technology Strategy with
18
17
8
the following goals: increased commercialisation of
innovative environmental technology, higher firm growth
and increased exports from the environmental
technology sector. SEK 400 million (about EUR 43 million)
were allocated to the strategy. The Environmental
Technology Strategy included 26 different measures that
were carried out by 10 publicly funded agencies. Firms,
and in some cases research institutes, have directly
received 28% of the resources allocated. The remaining
resources reached companies indirectly through the
activities carried out by the authorities, such as
cooperation projects, information, education, support in
connection with international cooperation, etc. The
strategy was very broad, and did not focus on any one
specific area. The actual support that firms have received
has also been small in relation to the factors that are
known to affect environmental technology firms’ growth
potential.
The Swedish Agency for Growth Policy Analysis (Growth
Analysis) conducted a comprehensive evaluation of this
strategy and its implementation. The report was
published in March 2015, in which Growth Analysis
concluded that it is unlikely that these goals will be
achieved. For future initiatives to lead to a high level of
growth in the environmental technology sector, Growth
Analysis recommended that they include: (1) a clear
focus on a limited area, (2) a greater reliance on
evidence-based measures, and, (3) a balance between
supply-side focused and demand-side focused measures.
Additionally, further efforts need to be undertaken to
identify and evaluate the types of activities that many of
the measures in the strategy include, such as export
promotion activities, in order to gather evidence on what
effects they have on firms.
After the completion of the Environmental Technology
Strategy, other measures have been integrated into
other policy areas, for example in export policy and
innovation policy. The Swedish government has decided
on an export strategy in which environmental technology
is an important component. The Government has also
appointed a National Innovation Council which focuses
on environmental and climate technology as one of three
priorities. As an extension of the Innovation Council, five
innovation partnership programmes
18
have started, for
example one on smart cities and one on circular bio-
based economy.
Sweden has 18 EMAS registered organisation, which is a
quite low with respect to the total of 4034 organisations
that hold a registration. Sweden has not seen any
changes in the number of registered organisation since
October 2015.
www.saminvest.se
http://www.government.se/articles/2016/07/innovation-
partnership-programmes--mobilising-new-ways-to-meet-societal-
challenges/
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Concerning the EU Ecolabel, Sweden has 24 licenses,
which is quite a low number with respect to the 1875
total number of licenses.
Figure 3: Municipal waste by treatment in Sweden 2007-
14
22
9
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
generation in absolute terms.
Limiting energy recovery to non-recyclable materials
and phasing out landfilling of recyclable or
recoverable waste.
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
.
Figure 3 depicts the municipal waste by treatment in
Sweden in terms of kg per capita. Incineration accounts
for 50% and landfilling only 1%. Sweden has taken
appropriate steps to implement and to perform even
better than the current European minimum targets.
Figure 4 shows that Sweden has reached the EU 2020
recycling rate target of 50% in 2014 (49.9%), being well
ahead of the EU average (43%)
23
.
Figure 4: Recycling rate of municipal waste 2007-14
24
The Swedish waste management plan for the years 2012-
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
22
19
Waste Management Plans/Waste Prevention Programmes
20
Municipal waste consists of waste collected by or on behalf of
municipal authorities, or directly by the private sector (business or
private non-profit institutions) not on behalf of municipalities.
21
Eurostat,
Municipal waste and treatment, by type of treatment
method,
accessed October 2016
Eurostat,
Municipal waste and treatment, by type of treatment
method,
accessed October 2016
23
Member States may choose a different method than the one used by
ESTAT (and referred to in this report) to calculate their recycling rates
and track compliance with the 2020 target of 50% recycling of
municipal waste.
24
Eurostat,
Recycling rate of municipal waste,
accessed October 2016
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over 2,300 additional jobs and increase the annual
turnover of the waste sector by over EUR 240 million
25
.
10
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.
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11
2. Protecting, conserving and enhancing natural capital
Nature and Biodiversity
The EU Biodiversity Strategy aims to halt the loss of
biodiversity in the EU by 2020, restore ecosystems and
their services in so far as feasible, and step up efforts to
avert global biodiversity loss. The EU Birds and Habitats
Directives aim at achieving favourable conservation
status of protected species and habitats.
SDG 14 requires countries to conserve and sustainably
use the oceans, seas and marine resources, while SDG 15
requires countries to protect, restore and promote the
sustainable use of terrestrial ecosystems, sustainably
manage forests, combat desertification, and halt and
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 long-
term 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
performance of Member States.
The area covered by old forest and of protected forest is
increasing. The conservation status of many forest types
is still inadequate and many forest species are
threatened.
The latest Red List
27
of Sweden (2015) shows that the
rate of biodiversity loss has neither increased nor
decreased over the past 15 years. Logging in old-growth
forests and overgrowth of habitats including meadows,
pastures forests and wetlands pose a threat to majority
of the species. However, positive trends can be seen e.g.
with large carnivores.
By early 2016, 13.3% of the Swedish national territory
was covered by Natura 2000 (EU average 18.1%), with
Birds Directive SPAs covering 6.1% (EU average 12.3%)
and Habitats Directive SCIs covering 13.2% (EU average
13.8%). There are altogether 4,082 Natura 2000 sites in
Sweden.
Assessment of the SCI part of the Natura 2000 network
shows that there are insufficiencies in designation,
especially for the marine components of the network
28
(see Figure 5
29
).
Figure 5: Sufficiency assessment of SCI networks in
Sweden based on the situation until December 2013
(%)
30
The process for the designation of the sites as special
areas of conservation (SAC) is complete and all sites have
a management plan.
Organisation of the Natura 2000 network in Sweden is
good and their funding is not currently a critical issue.
28
26
Sites of Community Importance (SCIs) are designated pursuant to the
Habitats Directive whereas Special Areas of Protection (SPAs) are
designated pursuant to the Birds Directive; figures of coverage do
not add up due to the fact that some SCIs and SPAs overlap. Special
Areas of Conservation (SACs) means a SCI designated by the Member
States.
27
SLU,
Red List.
For each Member State, the Commission assesses whether the
species and habitat types on Annexes I and II of the Habitats
Directive, are sufficiently represented by the sites designated to
date. This is expressed as a percentage of species and habitats for
which further areas need to be designated in order to complete the
network in that country. A scientific reserve is given when further
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
of assessments (one assessment covering 1 species or 1 habitat in a
given biographical region with the Member State); if a habitat type or
a species occurs in more than 1 Biogeographic region within a given
Member State, there will be as many individual assessments as there
are Biogeographic regions with an occurrence of that species or
habitat in this Member State.
30
European Commission, internal assessment.
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Sweden has good expertise on restoration of habitats
and various restoration activities show good results e.g.
on grasslands, bogs and sand dunes.
The level of nature-related complaints and infringements
in Sweden is not very high. Main topics are about hunting
of wolves (use of derogations), wind farms and other
land use activities e.g. quarries and access to justice.
According to the Swedish report
31
under Article 17
Habitats Directive, based on expert assessment, 26% of
habitat assessments show favourable status (16% at
EU27-level)
32
. Furthermore, 25% are considered to be
unfavourable–inadequate
33
(EU27: 47%) and 48% are
unfavourable – bad (EU27 is 30%). Alarming is that 70-
80% of forest, grassland and dune habitats' assessments
are Unfavourable-Bad.
Figure 6: Conservation status of habitats and species in
Sweden in 2007/2013 (%)
34
unfavourable-bad status (EU27: 18%). This is depicted in
Figure 6
35
.
In addition, considerable part of the unfavourable
assessments for species and habitats are reported to
have further declining trend. Agriculture, natural systems
modification, forestry (birds) and natural biotic/abiotic
processes are the most frequently reported pressure
categories of high importance. The same main pressure
categories apply also for birds. However, animal farming
is a necessary main factor when protecting grasslands
and birds nesting in well grazed wetlands.
The results from the Article 12 report
36
under Birds
Directive show that short-term trends of breeding birds
are improving for 22% of the species and stable for 26%,
however decreasing even for 48% of the species. This is
depicted in Figure 7. The same categories for long-term
trends are 33%, 28% and 38%.
Figure 7: Short-term population trend of breeding and
wintering bird species in Sweden in 2012 (%)
37
12
Concerning species assessments (other than birds) 45%
are at favourable status (EU27: 23%), 14% at
unfavourable-inadequate (EU27: 42%) and 41%
31
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
nationally protected areas.
Although Sweden has substantially invested in land
purchase and compensation payments over the years to
protect its forests (including use of LIFE funding), mainly
in high latitude and high-altitude areas in Sweden, the
35
The core of the ‘Article 17’ report is assessment of conservation
status of the habitats and species targeted by the Habitats Directive.
32
Article 17 of the Habitats Directive reporting -
national summary of
Sweden
33
Conservation status is assessed using a standard methodology as
being either ‘favourable’, ‘unfavourable-inadequate’ and
‘unfavourable-bad’, based on four parameters as defined in Article 1
of the Habitats Directive.
34
These figures show the percentage of biogeographical assessments in
each category of conservation status for habitats and species (one
assessment covering 1 species or 1 habitat in a given biographical
region with the Member State), respectively. The information is
based on Article 17 of the Habitats Directive reporting -
national
summary of Sweden - expert-based assessment.
Please note that a direct comparison between 2007 and 2013 data is
complicated by the fact that Bulgaria and Romania were not covered
by the 2007 reporting cycle, that the ‘unknown’ assessments have
strongly diminished particularly for species, and that some reported
changes are not genuine as they result from improved data /
monitoring methods.
36
Article 12 of the Birds Directive requires Member States to report
about the progress made with the implementation of the Birds
Directive.
37
Article 12 of the Birds Directive reporting -
national summary of
Sweden
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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.
13
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
The EU strategy on green infrastructure
39
promotes the
incorporation of green infrastructure into related plans
and programmes to help overcome fragmentation of
habitats and preserve or restore ecological connectivity,
enhance ecosystem resilience and thereby ensure the
continued provision of ecosystem services.
Green Infrastructure provides ecological, economic and
social benefits through natural solutions. It helps to
understand the value of the benefits that nature provides
to human society and to mobilise investments to sustain
and enhance them.
A planned national strategy for the building of a green
infrastructure will constitute a tool for a more detailed
identification of ecosystem services
40
, and for the
management of landscape structure and function that
will promote the continued delivery of ecosystem
services. The proposed strategy includes a landscape
analysis of the spatial distribution and connectivity of
important habitats, with the aim to maintain and restore
sufficient natural habitats for the conservation of
biodiversity and ecosystem services.
The Swedish Environmental Protection Agency (together
with other government agencies) performed a review of
policy instruments in the context of the preparation of
the national strategy for the building of a green
infrastructure. The report reviewed about a hundred
different relevant existing policy instruments. There is a
need to revise some instruments, as well as to create
new instruments. Policy instruments that regulate the
current use of land and water bodies need to be
strengthened to achieve sustainable use in a landscape
perspective
.
Estimating natural capital
The EU Biodiversity Strategy to 2020 calls on the Member
States to map and asses the state of ecosystems and
their services in their national territory by 2014, assess
the economic value of such services, and promote the
integration of these values into accounting and reporting
systems at EU and national level by 2020.
Sweden has produced a preliminary report on its most
important ecosystem services
38
. The inventory also
considered pressures and driving forces that have an
impact on the ecosystem services. Sweden will
incorporate the ecosystem services assessments within
the regional action plans for Green Infrastructure. There
are ongoing projects on capacity building and awareness
raising about the value of ecosystem services, and a
research programme “The value of ecosystems and their
services”. Statistics Sweden has been assigned to develop
methods for including the value of ecosystem services in
environmental accounting. These projects aim to
contribute to one of the milestone targets of Sweden’s
system of environmental objectives: "by 2018, the
importance of biodiversity and the value of ecosystem
services are to be generally known and integrated into
economic positions, political considerations and other
decisions in society where it is relevant and reasonable to
do so".
Suggested action
Continue support to the mapping and assessment of
ecosystems and their services, valuation and
development of natural capital accounting systems.
Soil protection
39
38
Ecosystem services are benefits provided by nature such as food,
clean water and pollination on which human society depends.
European Union, Green Infrastructure — Enhancing Europe’s Natural
Capital,
COM/2013/0249
40
Ecosystem services are benefits provided by nature such as food,
clean water and pollination on which human society depends.
Environmental Implementation Report – Sweden
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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
increases fragmentation of habitats. Soil protection is
indirectly addressed in existing EU policies in areas such
as agriculture, water, waste, chemicals, and prevention
of industrial pollution.
The annual land take rate (growth of artificial areas) as
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
driven by housing, services and recreation as well as
transport and infrastructures
41
.
Artificial land cover is used for settlements, production
systems and infrastructure. It may itself be split between
built-up areas (buildings) and non-built-up areas (such as
linear transport networks and associated areas). The
percentage of built up land in 2009 was 0.48%, well
below the EU average (3.23%)
42
.
The soil water erosion rate in 2010 was 0.41 tonnes per
ha per year, well below EU28 average (2.46 tonnes)
43
.
Figure 8 shows the different land cover types in Sweden
in 2012.
Figure 8: Land Cover types in Sweden in 2012
44
14
There are still not EU-wide datasets enabling the
provision of benchmark indicators for soil organic matter
decline, contaminated sites, pressures on soil biology and
diffuse pollution. An updated inventory and assessment
of soil protection policy instruments in Sweden and other
EU Member States is being performed by the EU Expert
Group on Soil Protection.
Marine protection
The EU Coastal and Marine Policy and legislation require
that by 2020 the impact of pressures on marine waters is
reduced to achieve or maintain good environmental
status and coastal zones are managed sustainably.
SDG 14 requires countries to conserve and sustainably
use the oceans, seas and marine resources for
sustainable development.
The Marine Strategy Framework Directive (MSFD)
45
aims
to achieve Good Environmental Status (GES) of the EU's
marine waters by 2020 by providing an ecosystem
approach to the management of human activities with
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
subregion.
44
41
European Environment Agency
Draft results of CORINE Land Cover
(CLC) inventory 2012;
mean annual land take 2006-12 as a % of 2006
artificial land.
42
European Environment Agency, 2016.
Imperviousness and
imperviousness change
43
Eurostat,
Soil water erosion rate,
Figure 2, accessed November 2016
European Environment Agency. Land cover 2012 and changes country
analysis [publication forthcoming]
45
European Union,
Marine Strategy Framework Directive 2008/56/EC
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As part of their marine strategies, Member States had to
make an initial assessment of their marine waters,
determine GES
46
and establish environmental targets by
July 2012. They also had to establish monitoring
programmes for the on-going assessment of their marine
waters by July 2014. The next element of their marine
strategy is to establish a Programme of Measures (2016).
The Commission assesses whether these elements
constitute an appropriate framework to meet the
requirements of the MSFD.
working both at a national and at a regional level to
develop the GES. For example, the GES is currently being
reviewed by the Swedish Agency for Marine and Water
Management and Sweden participates in regional
cooperation under both HELCOM and OSPAR with a view
to improve the GES definition.
Sweden established a monitoring programme of its
marine waters in 2014, however it seems that its
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
.
15
Suggested action
The Swedish marine waters are part of two marine
regions, the North-East Atlantic Ocean and the Baltic Sea.
Sweden is therefore party to both the Convention for the
protection of the marine environment of the North-East
Atlantic (OSPAR Convention) and the Convention on the
Protection of the Marine Environment of the Baltic Sea
(HELCOM). The North Sea is one of the busiest maritime
areas, also subject to eutrophication, and the coastal
zone is used intensively for recreation. In addition, there
is extensive fishing by bottom trawling which causes
damage to the sea-floor and is a threat to its biodiversity,
particularly in open sea areas. In the Baltic Sea, the main
risks for biodiversity relate to eutrophication, fishing
pressure, pollution by contaminants and oil, and
introduction of non-indigenous species
47
.
With regard to the implementation of the MSFD, Sweden
has given a robust legal status to its GES definition by
incorporating it in legislation, which is a good practice.
Sweden’s GES are set in comprehensive manner, 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
Continue work to improve the definitions of GES in
particular for biodiversity descriptors, including
through regional cooperation by using the work of the
relevant Regional Sea Conventions.
Further develop approaches assessing (and
quantifying) impacts from the main pressures in order
to lead to improved and more conclusive assessment
results for 2018 reporting.
Continue to integrate already existing monitoring
programmes under EU legislation and continue to
implement, where they exist, coordinated and joint
monitoring programmes developed at subregional
level, for instance by OSPAR and HELCOM.
Continue to enhance comparability and consistency of
monitoring methods within the country's marine
regions.
Ensure that all of its monitoring programme is
implemented without delay, and is appropriate to
monitor progress towards its GES.
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.
48
Commission Staff Working Document Accompanying the Commission
Report on "The first phase of implementation of the Marine Strategy
Commission Staff Working Document Accompanying the Commission
Report assessing Member States' monitoring programmes under the
Marine Strategy Framework Directive (COM(2017)3 and SWD(2017)1
49
50
final)Framework Directive (2008/56/EC) - The European
Commission's assessment and guidance" (SWD(21014) 049 final and
COM(2014)097
final)
2012 Data provided by the European Environmental Agency– Not
published
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16
3. Ensuring citizens' health and quality of life
Air quality
The EU Clean Air Policy and legislation require that air
quality in the Union is significantly improved, moving
closer to the WHO recommended levels. Air pollution
and its impacts on ecosystems and biodiversity should be
further reduced with the long-term aim of not exceeding
critical loads and levels. This requires strengthening
efforts to reach full compliance with Union air quality
legislation and defining strategic targets and actions
beyond 2020.
The EU has developed a comprehensive suite of air
quality legislation
51
, which establishes health-based
ceilings
53
.
At the same time, air quality in Sweden continues to give
cause for concern. For the year 2013, the European
Environment Agency estimated that about 3 020
premature deaths were attributable to fine particulate
matter
54
concentrations, 160 to ozone
55
concentration
and less than five to nitrogen dioxide
56
concentrations
57
.
This is due also to exceedances above the EU air quality
standards such as shown in Figure 9
58
.
For 2014, exceedances above the EU air quality standards
have been registered related to annual mean
concentration of nitrogen dioxide (NO
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.
As part of this, Member States are also required to
ensure that up-to-date information on ambient
concentrations of different air pollutants is routinely
made available to the public. In addition, the National
Emission Ceilings Directive provides for emission
reductions at national level that should be achieved for
main pollutants.
The emission of several air pollutants has decreased
significantly in Sweden
52
. Reductions between 1990 and
2014 for sulphur oxides (-77%), nitrogen oxides (-51%),
ammonia (-5%) as well as volatile organic compounds
(-50%) ensure air emissions for these pollutants are
within the currently applicable national emission
51
52
zones (Gothenburg, and Stockholm) and related to daily
53
European Commission, 2016.
Air Quality Standards
See
EIONET Central Data Repository
and
Air pollutant emissions data
viewer (NEC Directive)
The current national emission ceilings apply since 2010 (Directive
2001/81/EC);
revised ceilings for 2020 and 2030 have been set by
Directive (EU) 2016/2284
on the reduction of national emissions of
certain atmospheric pollutants, amending Directive 2003/35/EC and
repealing Directive 2001/81/EC.
54
Particulate matter (PM) is a mixture of aerosol particles (solid and
liquid) covering a wide range of sizes and chemical compositions.
PM10 (PM2.5) refers to particles with a diameter of 10 (2.5)
micrometres or less. PM is emitted from many anthropogenic
sources, including combustion.
55
Low level ozone is produced by photochemical action on pollution
and it is also a greenhouse gas.
56
NOx is emitted during fuel combustion e.g. from industrial facilities
and the road transport sector. NOx is a group of gases comprising
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
underpinning methodology)
58
Based on European Environment Agency, 2016.
Air Quality in Europe
– 2016 Report.
(Figures 4.1, 5.1 and 6.1)
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concentration of particulate matter (PM
10
) in two air
quality zones (Stockholm, and Middle Sweden).
Furthermore, for several air quality zones the long-term
objectives regarding ozone concentration are not being
met
59
.
The persistent breaches of air quality requirements (for
PM
10
and NO
2
), which have severe negative effects on
health and environment, are being followed up by the
European Commission through infringement procedures
covering all the Member States concerned, including
Sweden. The aim is that adequate measures are put in
place to bring all zones into compliance.
It is estimated that the health-related external costs from
air pollution in Sweden are above EUR 3 billion/year
(income adjusted, 2010), which include not only the
intrinsic value of living a full health life but also direct
costs to the economy. These direct economic costs relate
to 803 thousand workdays lost each year due to sickness
related to air pollution, with associated costs for
employers of EUR 111 million/year (income adjusted,
2010), for healthcare of above EUR 11 million/year
(income adjusted, 2010), and for agriculture (crop losses)
of EUR 48 million/year (2010)
60
.
issues
62
. To alleviate this, the EU
acquis
sets out several
requirements, including assessing the exposure to
environmental noise through noise mapping, ensuring
that information on environmental noise and its effects is
made available to the public, and adopting action plans
with a view to preventing and reducing environmental
noise where necessary and to preserving the acoustic
environment quality where it is good.
Swedish authorities have fulfilled all their obligations
with regards to noise mapping for the most recent
reporting round, for the reference year 2011 in the
Environmental Noise Directive
63
. Action plans for noise
management in the current period have been adopted
for all major roads, major railways and major airports.
For agglomerations, the action plan for one
agglomeration is still outstanding.
17
Suggested action
Complete action plan for noise management for the
last outstanding agglomeration.
Water quality and management
The EU water policy and legislation require that the
impact of pressures on transitional, coastal and fresh
waters (including surface and ground waters) is
significantly reduced to achieve, maintain or enhance
good status of water bodies, as defined by the Water
Framework Directive; that citizens throughout the Union
benefit from high standards for safe drinking and bathing
water; and that the nutrient cycle (nitrogen and
phosphorus) is managed in a more sustainable and
resource-efficient way.
SDG 6 encourages countries to ensure availability and
sustainable management of water and sanitation for all.
The main overall objective of EU water policy and
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
across Europe by addressing pollution sources (from e.g.
agriculture, urban areas and industrial activities), physical
62
Suggested action
Maintain downward emissions trends of air pollutants
in order to achieve full compliance with air quality limit
values - and reduce adverse air pollution impacts on
health, environment and economy.
Reduce nitrogen oxide (NO
x
) emissions to comply with
currently applicable national emission ceilings
61
and/or
to reduce nitrogen dioxide (NO
2
) (and ozone
concentrations), inter alia, by reducing transport
related emissions - in particular in urban areas.
Reduce PM
10
emission and concentration, inter alia, by
reducing emissions related to energy and heat
generation using solid fuels, to transport and to
agriculture.
Noise
The Environmental Noise Directive provides for a
common approach for the avoidance, prevention and
reduction of harmful effects due to exposure to
environmental noise.
Excessive noise is one of the main causes of health
59
See
The EEA/Eionet Air Quality Portal
and the related Central Data
Repository
60
These figures are based on the
Impact Assessment
for the European
Commission Integrated Clean Air Package (2013)
61
Under the provisions of the revised National Emission Ceilings
Directive Member States now may apply for emission inventory
adjustments. Pending evaluation of any adjustment application,
Member States should keep emissions under close control with a
view to further reductions.
Burden of disease from environmental noise;
WHO/JRC, 2011, Burden
of disease from environmental noise, Fritschi, L., Brown, A.L., Kim, R.,
Schwela, D., Kephalopoulos, S. (eds), World Health Organization,
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
agglomerations with more than 100,000 inhabitants, and for major
roads, railways and airports.
64
This includes the
Bathing Waters Directive (2006/7/EC);
the
Urban
Waste Water Treatment Directive (91/271/EEC)
concerning
discharges of municipal and some industrial waste waters; the
Drinking Water Directive (98/83/EC)
concerning potable water
quality; the
Water Framework Directive (2000/60/EC)
concerning
water resources management; the
Nitrates Directive (91/676/EEC)
and the
Floods Directive (2007/60/EC)
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and hydrological modifications to water bodies) and the
management of risks of flooding.
River Basin Management Plans (RBMPs) are a
requirement of the Water Framework Directive and a
means of achieving the protection, improvement and
sustainable use of the water environment across Europe.
This includes surface freshwaters such as lakes and rivers,
groundwater, estuaries and coastal waters up to one
nautical mile.
In its first generation of RBMPs Sweden reported the
status of 15,563 rivers, 7,232 lakes, 21 transitional, 602
coastal and 3,021 groundwater bodies. 58% of natural
surface water bodies achieve a good or high ecological
status
65
and only 2% of heavily modified or artificial
water bodies achieve a good or high ecological potential
(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
of exemptions were applied. The planned measures are
expected to result in improvement of ecological status of
surface water bodies by 6%
69
. The measures should also
bring improvement of ecological potential of artificial and
heavily modified water bodies by 4%
62
.
The Nitrates Directive 2008-2011 reporting showed
positive results in terms of nitrates concentrations;
however data on eutrophication of inland waters showed
the need for further improvements. Additionally, Sweden
65
18
is one of the countries bordering the Baltic Sea, which is
heavily affected by nutrients pollution.
As regards drinking water, Sweden reaches very high
compliance rates of 99-100% for microbiological,
chemical and indicator parameters laid down in the
Drinking Water Directive
70
.
As shown in Figure 10, in 2015, in Sweden, out of 445
bathing waters, 62.2% were of excellent quality, 17.3% of
good quality, 3.6% of sufficient quality. 10 bathing waters
were of poor quality or non-compliant while it was not
possible to assess the remaining 64 bathing waters
71
.
Overall, Sweden's bathing water quality has improved
since 2014.
Figure 10: Bathing water quality 2012 – 2015
72
With regard to the implementation of the Urban Waste
Water Treatment Directive, in the latest reporting
exercise (data from 2012)
73
Sweden reported 367
relevant agglomerations which represents an increase
from 327 agglomerations in the year 2010.Following
information by Swedish authorities, the generated waste
water load changed due to a new calculation
methodology. This reporting and calculation issue needs
to be resolved by the Swedish authorities to ensure
certainty in the figures that are communicated to the
Commission.
Sweden also reported that in 2012, 88.9% of the waste
water load collected is subject to more stringent
70
Good ecological status is defined in the Water Framework Directive,
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
activities, such as land drainage, flood protection and, building of
dams to create reservoirs.
67
Good chemical status is defined in the Water Framework Directive
referring to compliance with all the quality standards established for
chemical substances at European level.
68
Diffuse pollution comes from widespread activities with no one
discrete source.
69
See tables 6.8 and 6.12 from the COM working staff document (SE)
accompanying the report from the Commission on the
implementation of the WFD RBMPs (2012).
Commission's
Synthesis Report on the Quality of Drinking Water in
the Union examining Member States' reports for the 2011-2013
period, foreseen under Article 13(5) of Directive 98/83/EC;
COM(2016)666.
71
European Environment Agency, 2016.
European bathing water quality
in 2015, p. 26
72
European Environment Agency,
State of bathing water,
2016
73
European Commission, Eighth Report on the Implementation Status
and the Programmes for Implementation of the Urban Waste Water
Directive
(COM (2016)105 final)
and Commission Staff Working
Document accompanying the report
(SWD(2016)45 final).
Environmental Implementation Report – Sweden
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treatment in accordance with Article 5 of the Urban
Waste Treatment Directive – amounting to 116
agglomerations out of 155 subject to those obligations
74
.
The Commission is following-up on a number of issues in
Sweden, as regards the urban waste water treatment in
both small and large agglomerations, by means of
infringements.
Sweden undertook a preliminary assessment of the risk
of flooding from rivers and lakes only as the majority of
historical floods are of this type
75
. Sweden has up to now
been relatively spared from serious flooding. However,
with increasing temperatures above global average, and
changing precipitation patterns the risk of flooding in
parts of the country will increase.
Between 2002 and 2013, for the one flood recorded the
total direct costs were EUR 320 million. The average cost
per flood was EUR 320 million, close to the EU average of
EUR 370 million. Between 2002 and 2013, EUR 289
million was invested in flood risk management measures,
equivalent to EUR 26 million per year on average. EUR
183 million was from EU funds (but not all of this total
may have been used for flood risk management)
76
.
EU population are living in urban areas
77
. The urban
environment poses particular challenges for the
environment and human health, whilst also providing
opportunities and efficiency gains in the use of resources.
The Member States, European institutions, cities and
stakeholders have prepared a new Urban Agenda for the
EU (incorporating the Smart Cities initiative) to tackle
these issues in a comprehensive way, including their
connections with social and economic challenges. At the
heart of this Urban Agenda will be the development of
twelve partnerships on the identified urban challenges,
including air quality and housing
78
.
The European Commission will launch a new EU
benchmark system in 2017
79
.
The EU stimulates green cities through awards and
funding, such as the EU Green Capital Award aimed at
cities with more than 100,000 inhabitants and the EU
Green Leaf initiative aimed at cities and towns, with
between 20,000 and 100,000 inhabitants.
Stockholm was the first winner of the European Green
Capital Award in 2010. Stockholm introduced a number
of measures to make local transport more sustainable,
including the promotion of bicycle lanes and public
transport, use of alternative fuels and road pricing. Road
pricing was introduced in 2006 in the form of a
congestion tax. The tax is imposed on Swedish registered
vehicles driving in and out of the Stockholm inner city
zone on weekdays. Consequently, traffic work and
emissions in the city centre are down by 10-15%
80
. The
city has taken action to reduce traffic noise: Proactive
actions, regulations, planning and reduction of noise at
the source
81
. Furthermore, Stockholm has adopted an
ambitious planning strategy, aimed at building the city
inwards
82
.
In Malmö, the SYSAV Waste to Energy plant in Malmö is
the most energy efficient plant in Sweden producing
district heating
83
. The Traffic Environment Programme
aims to foresee Malmö to become quieter, more
efficient, cleaner, as well as to reduce its impact on the
health of Malmö inhabitants
84
. Measures aim to: reduce
77
19
Suggested action
Improve the water monitoring system and status
assessment.
Cover all identified pressures and implementation gaps
with Programmes of Measures that should be
adequately funded.
Review and improve measures to reduce
hydromorphological pressure in river basins. Also,
licencing policy to allow or maintain hydropower plants
should be reviewed and updated.
Enhancing the sustainability of cities
The EU Policy on the urban environment encourages
cities to implement policies for sustainable urban
planning and design, including innovative approaches for
urban public transport and mobility, sustainable
buildings, energy efficiency and urban biodiversity
conservation.
SDG11 aims at making cities and human settlements
inclusive, safe, resilient and sustainable.
Europe is a Union of cities and towns; around 75% of the
74
European Commission, Eighth Report on the Implementation Status
and the Programmes for Implementation of the Urban Waste Water
Directive
(COM (2016)105 final)
and Commission Staff Working
Document accompanying the report
(SWD(2016)45 final).
75
Commission Staff Working Document, report on the progress in
implementation of the Floods Directive
SDG(2015)51
final p. 55
76
RPA, 2014. Study on Economic and Social Benefits of Environmental
Protection and Resource Efficiency Related to the European
Semester. Study for the European Commission,
Annex 1: Country
fiches
European Environment Agency,
Urban environment
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
the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR,
Committee of the Regions, Covenant of Mayors and others.
80 European Commission,
European Green Capital Award 2010 & 2011,
Catalogue of Best Practice,
p.10
81 European Commission,
European Green Capital Award 2010 & 2011,
Catalogue of Best Practice,
p.1
82 European Commission,
European Green Capital Award 2010 & 2011,
Catalogue of Best Practicep.30
83 European Commission,
Good Practice & Benchmarking Report
European Green Capital Award 2012 & 2013,
p.16
84 European Commission,
Good Practice & Benchmarking Report
European Green Capital Award 2012 & 2013,
p.44
78
Environmental Implementation Report – Sweden
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fossil fuels; improve air quality; reduce noise; and
increase cycling, walking and public transport. Malmö’s
large‐scale new development area, the Western Harbour
(or Västra Hamnen), since initial planning stages,
transport strategies were incorporated to prioritise
collective transport, cycles and pedestrians ahead of cars
to reduce the environmental impact. The world’s first
botanical roof garden was launched in 1999 in Malmo co-
financed by the LIFE programme. It cover almost one
hectare, and is a unique attraction for Malmö and
Sweden
85
.
contribution towards the achievement of the SDGs,
which Member States committed to in 2015 and include
many commitments contained already in legally binding
agreements.
The fact that some Member States did not sign and/or
ratify a number of MEAs compromises environmental
implementation, including within the Union, as well as
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.
20
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
Member States to sign, ratify and effectively implement
all relevant multilateral environmental agreements
(MEAs) in a timely manner. This will also be an important
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
Environmental Implementation Report – Sweden
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21
Part II: Enabling Framework: Implementation Tools
4. Market based instruments and investment
indexation of the CO2 tax.
Green taxation and environmentally harmful
subsidies
The Circular Economy Action Plan encourages the use of
financial incentives and economic instruments, such as
taxation to ensure that product prices better reflect
environmental costs. The phasing out of environmentally
harmful subsidies is monitored in the context of the
European Semester and in national reform programmes
submitted by Member States.
Taxing pollution and resource use can generate increased
revenue and bring important social and environmental
benefits.
Expressed in terms of percentage share of GDP, Sweden’s
environmental tax revenue for 2014 was below the EU28
average of 2.46% with 2.21%. In the same year
environmental tax revenues accounted for 5.18% of total
revenues from taxes and social-security contributions
(EU28 average: 6.35%). As shown in Figure 11, Sweden is
among the countries with the least environmental tax
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
structure in SE and does not take into account the
88
From 2001 to 2006 a Green Tax Shift reform programme
was undertaken to reallocate taxes from labour to
environmentally harmful activities. The main change as
regards environmental taxes was that the carbon tax was
increased, but other taxes were adjusted too, including
those for vehicles, waste and pesticides. Despite the
ambitious reform programme, revenues from
environmentally-related taxes have not kept pace with
increases in GDP. Hence, since 2001, in Sweden,
environment-related taxes as a share of GDP have not
increased. Partly this has been due to the intended
behavioral impacts of taxes, and an increased
substitution to biofuels in the transport sector. Also the
relative advantage for diesel vehicles has eroded
revenues from the higher-taxed petrol vehicles as the
vehicle stock changed.
Figure 11: Environmental tax revenues as a share of
total revenues from taxes and social contributions
(excluding imputed social contributions) in 2014
91
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
taxation practice in another Member State.
90
Eunomia Research and Consulting, IEEP, Aarhus University, ENT,
2016.
Study on Assessing the Environmental Fiscal Reform Potential
for the EU28
There has been a focus on removing, or limiting,
exemptions, and reductions in tax rates for carbon and
energy. A package agreed in 2009 aims at limiting these,
91
Eurostat,
Environmental tax revenues,
accessed October 2016
Environmental Implementation Report – Sweden
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Sweden
stepwise, up to 2015, with the biggest reductions to
materialize in the final year. Further, discounts in carbon
tax on heating fuels in the non-ETS sectors have been
progressively reduced and will be totally abolished in
2018. From 2017 an additional annual appreciation rule
for taxes on petrol and diesel is has been introduced. The
energy and carbon taxes on fossil fuels have been
adjusted annually in line with the consumer price index
since the 1990’s, and for taxes on petrol and diesel a link
to GDP growth has been introduced from 2017 by an
annual adjustment at the rate of GDP growth plus two
percentage points.
Sweden’s move towards environmental taxes seems to
have lost some momentum, since the end of the Green
Tax Shift in 2006. The shares of taxes related to transport
remain fairly modest and so are the taxes related to
pollution and resources.
increased.
In September 2016 the Swedish National Agency for
Public Procurement (UHM) was founded. The agency has
an overall responsibility for developing and supporting
the procurement carried out by the contracting
authorities and entities. Sweden has adopted a voluntary
GPP approach and UHM’s criteria library consists of a
comprehensive database of sustainability standards.
With the help of an online wizard, contracting authorities
are guided through the different environmental criteria
available for a number of products. The wizard allows the
selection of three levels of criteria: basic, advanced and
frontrunner.
In addition to the ready-to-use criteria, contracting
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
environmental management systems
94
.
According to a GPP monitoring survey from 2013 carried
out by the Swedish Environmental Protection Agency
53% of organisations have internal environmental
objectives and/or internal GPP policies, in case internal
environmental objectives are set up, these are monitored
in 56% of cases, environmental requirements are applied
by respondents in transportation: 74%, energy: 69%, IT
equipment: 66%, food products: 58%, and construction:
52%
95
.
22
Green Public Procurement
The EU green public procurement policies encourage
Member States to take further steps to reach the target
of applying green procurement criteria to at least 50% of
public tenders.
Green Public Procurement (GPP) is a process whereby
public authorities seek to procure goods, services and
works with a reduced environmental impact throughout
their life-cycle when compared to goods, services and
works with the same primary function that would
otherwise be procured.
The purchasing power of public procurement equals to
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
to significantly lower the impact of public spending and
foster
sustainable
innovative
businesses.
The
93
Commission has proposed EU GPP criteria .
Sweden is one of the forerunners on GPP. A national
strategy on public procurement, including GPP, was
endorsed by government on 30 June 2016 GPP criteria
are developed at the national level for construction and
real estate, cleaning and chemicals, vehicles and
transportation, office and textiles, electricity and lighting,
food, health and care, services, and toxic free child care.
Since 2013, green and sustainable public procurement
have been at the forefront of government initiatives to
strengthen public procurement. To this end, the financial
envelope dedicated to GPP support actions was
92
93
Investments: the contribution of EU funds
European Structural and Investment Funds Regulations
provide that Member States promote environment and
climate objectives in their funding strategies and
programmes for economic, social and territorial
cohesion, rural development and maritime policy, and
reinforce the capacity of implementing bodies to deliver
cost-effective and sustainable investments in these areas.
Making good use of the European Structural and
Investment Funds (ESIF)
96
is essential to achieve the
environmental goals and integrate these into other policy
areas. Other instruments such as the Horizon 2020, the
LIFE programme and European Fund for Strategic
Investment
97
(EFSI) may also support implementation
and spread of best practice.
94
European Commission, 2015.
Public Procurement
In the Communication “Public procurement for a better environment”
(COM /2008/400)
the Commission recommended the creation of a
process for setting common GPP criteria. The basic concept of GPP
relies on having clear, verifiable, justifiable and ambitious
environmental criteria for products and services, based on a life-cycle
approach and scientific evidence base.
PwC, 2015.
Strategic use of public procurement in promoting green,
social and innovative policies,
study for the European Commission
95
PwC, 2015.
Strategic use of public procurement in promoting green,
social and innovative policies,
study for the European Commission
96
ESIF comprises five funds – the European Regional Development
Funds (ERDF), the Cohesion Fund (CF), the European Social Fund
(ESF), the European Agricultural Fund for Rural Development
(EAFRD), and the European Maritime and Fisheries Fund (EMFF). The
ERDF, the CF and the ESF together form the Cohesion Policy funds.
97
EIB:
European Fund for Strategic Investments
Environmental Implementation Report – Sweden
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Sweden
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
23
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.
98
European Commission,
European Structural and Investment Funds
Data By Country
Environmental Implementation Report – Sweden
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24
5. Effective governance and knowledge
SDG 16 aims at providing access to justice and building
effective, accountable and inclusive institutions at all
levels. SDG 17 aims at better implementation, improving
policy coordination and policy coherence, stimulating
science, technology and innovation, establishing
partnerships and developing measurements of progress.
Effective governance of EU environmental legislation and
policies requires having an appropriate institutional
framework, policy coherence and coordination, applying
legal and non-legal instruments, engaging with non-
governmental stakeholders, and having adequate levels
of knowledge and skills
99
. Successful implementation
depends, to a large extent, on central, regional and local
government fulfilling key legislative and administrative
tasks, notably adoption of sound implementing
legislation, co-ordinated action to meet environmental
objectives and correct decision-making on matters such
as industrial permits. Beyond fulfilment of these tasks,
government must intervene to ensure day-to-day
compliance by economic operators, utilities and
individuals ("compliance assurance"). Civil society also
has a role to play, including through legal action. To
underpin the roles of all actors, it is crucial to collect and
share knowledge and evidence on the state of the
environment and on environmental pressures, drivers
and impacts.
Equally, effective governance of EU environmental
legislation and policies benefits from a dialogue within
Member States and between Member States and the
Commission on whether the current EU environmental
legislation is fit for purpose. Legislation can only be
properly implemented when it takes into account
experiences at Member State level with putting EU
commitments into effect. The Make it Work initiative, a
Member State driven project, established in 2014,
organizes a discussion on how the clarity, coherence and
structure of EU environmental legislation can be
improved without lowering existing protection standards.
Capacity to implement rules
It is crucial that central, regional and local
administrations have the necessary capacities and skills
and training to carry out their own tasks and co-operate
and co-ordinate effectively with each other, within a
system of multi-level governance.
While environmental policy is highly integrated in other
policy areas and in the work of sectoral policy areas, it is
the Ministry of the Environment and Energy that is
responsible for establishing environmental policies
regarding chemicals, natural environment and biological
diversity. The Swedish Environmental Protection Agency
founded in 1967 reports to the Ministry. There is also IVL
the Swedish Environmental Research Institute which is an
independent, non-profit research institute, owned by a
foundation jointly established by the Swedish
Government and Swedish industry. The 2013 European
Quality of Government Index puts Sweden in third place
out of the 28 Member States
100
.
Transposition and implementation of EU environmental
legislation by Sweden has traditionally been good. In
general, Sweden communicates the transposition
legislation fast and the overall conformity of Swedish
environmental legislation with the EU legislation is good.
The number of infringements and complaints is low.
However, lodged complaints are often very well-
reasoned and serious.
The implementation of the urban waste water treatment
Directive is currently the issue of with two ongoing
infringement cases related to agglomerations which do
not meet the EU law standards. Licensed wolf hunting,
initiated in 2010 and still pursued, is also a major issue of
implementation of the nature protection legislation.
Coordination and integration
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
co-ordinate effectively with each other, within a system
of multi-level governance.
Impact assessments are important tools to ensure
environmental integration in all government policies
101
.
The Commission issued a guidance document in 2016
102
Effective governance within central, regional
and local government
Those involved in implementing environment legislation
at Union, national, regional and local levels need to be
equipped with the knowledge, tools and capacity to
improve the delivery of benefits from that legislation,
and the governance of the enforcement process.
100
101
99
The Commission has work ongoing to improve the country-specific
knowledge about quality and functioning of the administrative
systems of Member States.
Charron N., 2013.
European Quality of Government Index (EQI)
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
with a view to promoting sustainable development."
102
European Commission, 2016. Commission notice —
Commission
guidance document on streamlining environmental assessments
conducted under Article 2(3) of the Environmental Impact
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regarding the setting up of coordinated and/or joint
procedures that are simultaneously subject to
assessments under the EIA Directive, Habitats Directive,
Water Framework Directive, and the Industrial Emissions
Directive
103
.
is a valuable tool for sharing experience and good
practices.
Figure 13: Environmental compliance assurance
25
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 duty-
holders by monitoring and promoting compliance and by
taking credible follow-up action (i.e. enforcement) when
breaches occur or liabilities arise. Compliance monitoring
can be done both on the initiative of authorities
themselves and in response to citizen complaints. It can
involve using various kinds of checks, including
inspections for permitted activities, surveillance for
possible illegal activities, investigations for crimes and
audits for systemic weaknesses. Similarly, there is a range
of means to promote compliance, including awareness-
raising campaigns and use of guidance documents and
online information tools. Follow-up to breaches and
liabilities can include administrative action (e.g.
withdrawal of a permit), use of criminal law
104
and action
under liability law (e.g. required remediation after
damage from an accident using liability rules) and
contractual law (e.g. measures to require compliance
with nature conservation contracts). Taken together, all
of these interventions represent "compliance assurance"
as shown in Figure 13.
Best practice has moved towards a risk-based approach
at strategic and operational levels in which the best mix
of compliance monitoring, promotion and enforcement is
directed at the most serious problems. Best practice also
recognises the need for coordination and cooperation
between different authorities to ensure consistency,
avoid duplication of work and reduce administrative
burden. Active participation in established pan-European
networks of inspectors, police, prosecutors and judges,
such as
IMPEL
105
, EUFJE
106
, ENPE
107
and EnviCrimeNet
108
,
Assessment Directive
(Directive 2011/92/EU of the European
Parliament and of the Council, as amended by Directive 2014/52/EU).
103
European Commission, 2016. Commission notice —
Commission
guidance document on streamlining environmental assessments
conducted under Article 2(3) of the Environmental Impact
Assessment Directive (Directive
2011/92/EU of the European
Parliament and of the Council, as amended by Directive 2014/52/EU).
104
European Union,
Environmental Crime Directive 2008/99/EC
105
European Union Network for the Implementation and Enforcement
of Environmental Law
106
European Union Forum of judges for the environment
107
The European Network of Prosecutors for the Environment
108
EnviCrimeNet
Currently, there exist a number of sectoral obligations on
inspections and the EU directive on environmental
liability (ELD)
109
provides a means of ensuring that the
"polluter-pays principle" is applied when there are
accidents and incidents that harm the environment.
There is also publically available information giving
insights into existing strengths and weaknesses in each
Member State.
For each Member State, the following were therefore
reviewed: use of risk-based compliance assurance;
coordination and co-operation between authorities and
participation in pan-European networks; and key aspects
of implementation of the ELD based on the Commission's
recently published implementation report and REFIT
evaluation
110
.
In Sweden, compliance promotion activities are
conducted at regional and local level but there is
evidence that these could be improved
111
. Planning of
environmental compliance monitoring based on risk-
based approaches is widely used in Sweden and thematic
inspection campaigns based on standard inspection
manuals and checklists are regularly conducted in
attempts to establish a tailored approach to individual
economic sectors
112
. However, variations still exist,
reflecting factors such as resource constraints
113
. As
109
110
European Union,
Environmental Liability Directive 2004/35/CE
COM(2016)204 final
and
COM(2016)121 final
of 14.4.2016. This
highlighted the need for better evidence on how the directive is used
in practice; for tools to support its implementation, such as guidance,
training and ELD registers; and for financial security to be available in
case events or incidents generate remediation costs.
111
OECD,
Environmental Performance Reviews: Sweden 2014,
p. 53f. It
notes that practices vary significantly and the perception of
businesses seems to be that it is difficult to find information on new
regulatory requirements and how at best to comply with them
112
Mazur E., 2011.
Environmental Enforcement in Decentralised
Governance Systems: Towards a Nationwide Level Playing Field,
OECD Environment Working Papers,
No 34, p. 19.
113
OECD,
Environmental Performance Reviews: Sweden 2014,
p. 54-55.
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regards enforcement, , the use of conditional fines (that
are linked to compliance order and determined on the
basis of the estimated costs for the prescribed corrective
actions) seems to be a useful tool for bringing duty-
holders back to compliance
114
. However, the set of
sanctions applicable to environmental offences is not
flexible enough to respond to different types of non-
compliance behaviour
115
, there are significant differences
in sanctions application across the country have been
observed
116
, and there is evidence of scope for
improvement in how inspectors and prosecutors work
together
117
, given low prosecution rates in serious
cases
118
.
Since 2011, the Swedish Environmental Protection
Agency (SEPA) has produced annual compliance
monitoring and enforcement reports which include in-
and output statistics and SEPA has commissioned a big
research project to explore tools for more effective
inspection work and better performance evaluation and
to tackle the problem of insufficient data on compliance
assurance
119
.
Up-to-date information is lacking in relation to the
following:
data-collection arrangements to track the use and
effectiveness of different compliance assurance
interventions, in particular the results of the SEPA
research project;
the extent to which risk-based methods are used to
direct compliance assurance at the strategic level
and in relation to specific problem-areas highlighted
elsewhere in this Country Report, i.e. the threats to
protected habitat types and species, air quality
breaches and the pressures on water quality from
diffuse pollution.
Sweden reported five incidents of environmental damage
in the period 2007 – 2013, of which two were initiated by
requests for action. One of the five involved remediation
costs exceeding EUR 1 million. There is a lack of
information on the take-up of financial security provided
by the insurance industry (to cover remediation costs
where the operator cannot pay) following Sweden's
abolition in 2010 of mandatory financial security.
26
Suggested action
Improve transparency on the organisation and
functioning of compliance assurance and on how
significant risks are addressed, as outlined above.
Encourage greater participation of competent
authorities in the activities of the European
environmental enforcement networks.
Step up efforts in the implementation of the
Environmental Liability Directive (ELD) with proactive
initiatives, in particular by setting up a national register
of ELD incidents. It should moreover take further steps
to ensure an effective system of financial security for
environmental liabilities (so that operators not only
have insurance cover available to them but actually
take it up). The Swedish government has already
started to investigate if actions or measures need to be
taken in order to improve the current system for
financial securities to ensure sufficient financial
security when needed.
Mazur E., 2011.
Environmental Enforcement in Decentralised
Governance Systems: Towards a Nationwide Level Playing Field,
OECD Environment Working Papers,
No 34, p. 19; Study on
'Information collection and impact assessment of possible
requirements for environmental inspections in the area of EU
legislation on water, nature protection and trade in certain
environmentally sensitive goods', 2013 IEEP/BioIntelligence/Ecologic,
p. 292 (referring to a 2013 study examining effectiveness of
environmental inspection authorities - Holstein, F. and Gren, I. 2013,
Violation of environmental regulations in Sweden: Economic motives,
environmental attitudes, and social capital, Swedish University of
Agricultural Sciences, Department of Economics, Working Paper
03/2013).
114
Mazur E., 2011.
Environmental Enforcement in Decentralised
Governance Systems: Towards a Nationwide Level Playing Field,
OECD Environment Working Papers,
No 34, p. 22; OECD,
Environmental Performance Reviews: Sweden 2014,
p. 56.
115
According to the OECD,
Environmental Performance Reviews:
Sweden 2014,
p. 56, inspection authorities do not have discretion in
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.
116
Sjoberg E., 2013.
Decentralized enforcement of national legislation:
Political influence on environmental fines in Swedish municipalities
117
Sweden has indicated that a government committee was established
(Dir. 2016:32) with the task of exploring, among other things, ways of
improving the cooperation between inspectors on one hand and
police and prosecutors on the other. This committee will also analyse
the system for financing of inspections and compliance assurance as
well as the system for compliance assurance cooperation at national,
regional and the municipality level. The committee will present the
outcome of its work in April 2017.
118
OECD,
Environmental Performance Reviews: Sweden 2014,
p. 56.
119
See Study on 'Information collection and impact assessment of
possible requirements for environmental inspections in the area of
EU legislation on water, nature protection and trade in certain
environmentally sensitive goods', 2013 IEEP/BioIntelligence/Ecologic,
p. 293; OECD Environmental Performance Reviews: Sweden 2014, p.
48, 55.
Public participation and access to justice
The Aarhus Convention, related EU legislation on public
participation and environmental impact assessment, and
the case-law of the Court of Justice require that citizens
and their associations should be able to participate in
decision-making on projects and plans and should enjoy
effective environmental access to justice.
Citizens can more effectively protect the environment if
they can rely on the three "pillars" of the Convention on
Access to Information, Public Participation in Decision-
making and Access to Justice in Environmental Matters
("the Aarhus Convention"). Public participation in the
administrative decision making process is an important
element to ensure that the authority takes its decision on
the best possible basis. The Commission intends to
Environmental Implementation Report – Sweden
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Sweden
examine compliance with mandatory public participation
requirements more systematically at a later stage.
Access to justice in environmental matters is a set of
guarantees that allows citizens and their associations to
challenge acts or omissions of the public administration
before a court. It is a tool for decentralised
implementation of EU environmental law.
For each Member State, two crucial elements for
effective access to justice have been systematically
reviewed: the legal standing for the public, including
NGOs and the extent to which prohibitive costs represent
a barrier.
In general, the existing rules and provisions in Sweden
concerning access to administrative appeal and to judicial
review are predictable and transparent. However,
environmental NGOs still do not have legal standing in all
environmental sectors. Also the conditions to be
recognised as an environmental NGOs are partly too
restricted. The costs of administrative court procedure,
however, are not considered as being prohibitively
high
120
.
The Swedish government has assigned a government
committee (Dir. 2015:121) with the task of investigating,
among other things, whether further measures are
necessary in order for Sweden to comply with the Aarhus
Convention with regard to legal standing for
environmental NGOs in the forestry sector
121
.
and business that environmental information is shared in
an efficient and effective way. This covers reporting by
businesses and public authorities and active
dissemination to the public, increasingly through
electronic means.
The Aarhus Convention
122
, the Access to Environmental
Information Directive
123
and the INSPIRE Directive
124
together create a legal foundation for the sharing of
environmental information between public authorities
and with the public. They also represent the green part of
the ongoing EU e-Government Action Plan
125
. The first
two instruments create obligations to provide
information to the public, both on request and actively.
The INSPIRE Directive is a pioneering instrument for
electronic data-sharing between public authorities who
can vary in their data-sharing policies, e.g. on whether
access to data is for free. The INSPIRE Directive sets up a
geoportal which indicates the level of shared spatial data
in each Member State – i.e. data related to specific
locations, such as air quality monitoring data. Amongst
other benefits it facilitates the public authorities'
reporting obligations.
For each Member State, the accessibility of
environmental data (based on what the INSPIRE Directive
envisages) as well as data-sharing policies ('open data')
have been systematically reviewed.
Sweden's performance on the implementation of the
INSPIRE Directive as enabling framework to actively
disseminate environmental information to the public is
good, but leaves room for improvement. Sweden has
indicated in the 3-yearly INSPIRE implementation
report
126
that the necessary data-sharing policies
allowing access and use of spatial data by national
administrations, other Member States' administrations
and EU institutions without procedural obstacles are
available and implemented. Sweden has currently no
common digital licence administration regarding access
to data and services infrastructure, but the data-sharing
policies in place provide the essential conditions
necessary for sharing spatial data sets and services. It is
still common that the access to spatial data requires
registration and that fees are asked for downloading
data. The general trend towards open and free data in
Sweden will in the long term remove the need to register
and the payment of fees.
Assessments of monitoring reports
127
issued by Sweden
122
120
27
Suggested action
Take the necessary measures to ensure standing of
environmental NGOs to challenge acts or omissions of
a public authority in all sectoral EU environmental laws,
in full compliance with EU law as well as the
Convention on Access to Information, Public
Participation in Decision-making and Access to Justice
in environmental matters (Aarhus Convention).
Access to
evidence
information,
knowledge
and
The Aarhus Convention and related EU legislation on
access to information and the sharing of spatial data
require that the public has access to clear information on
the environment, including on how Union environmental
law is being implemented.
It is of crucial importance to public authorities, the public
European Commission,
2012/2013 access to justice in environmental
matters
121
The committee will present the investigation 31 March 2017.
Regarding the conditions for being recognised as an environmental
NGO, a proposal by the Ministry of the Environment and Energy to
change the conditions, including the removal of the condition which
only grants NGOs that have been active for at least three years in
Sweden legal standing, is currently being circulated for referral.
European Commission,
The Aarhus Convention
European Union,
Directive 2003/4/EC on public access to
environmental information
124
European Commission, 2016.
INSPIRE Directive
125
European Union, EU eGovernment Action Plan 2016-2020 -
Accelerating the digital transformation of government
COM(2016)
179
final
126
European Commission, 2016.
Inspire – Monitoring and Reporting
127
Inspire indicator trends
123
Environmental Implementation Report – Sweden
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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.
28
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.
128
Inspire Resources Summary Report
Environmental Implementation Report – Sweden