The definition of private use has implications for future reporting

The definition of the ordinance:
According to the ordinace on producer responsibility for packaging, Chapter 8, Section 2, the following definition serves as the basis for reporting packaging for private use:

”In this chapter, packaging intended for private use refers to packaging normally used by private individuals or intended for use by both private individuals and businesses.”

At Näringslivets Producentansvar, we believe that there are challenges with the definition, and clarifications are needed to ensure that all producers report accurately. We have therefore, since the regulation was decided in July 2022, had a dialogue with the Environmental Protection Agency regarding this matter.

The Swedish Environmental Protection Agency has developed the following example to guide you as a producer:

”An example of packaging considered intended for private use is a one-liter milk carton. Whether the milk carton is purchased and used by employees at a company or used by private individuals, it is considered packaging intended for private use. However, a larger milk carton (e.g., 10 liters) is not considered packaging intended for private use. This is because it is assumed to be intended for use by a business (e.g., in large kitchens or other restaurant operations) and not by private individuals.”

At present, we see that there is a lack of clear guidance, but as a producer responsibility organisation we cannot make further interpretations, but must rely on the ordinance and the guidance that has been developed.

This means that as a producer and responsible for reporting, you may need to make your own assessment in connection with upcoming reporting.

The reflections we have when reading the ordinance are that until clarification is provided, it is likely that all packaging peviously classified as household packaging will now probably be classified as private use. Additionally, certain packaging that were previously reported as commercial packaging may now need to be reclassified as private use.

In cases of uncertainty, producers are advised to contact the Swedish Environmental Protection Agency for additional support and guidance.

Continuous information for you who are affiliated to us
We continue to work on the issue of the need for clarification and will reach out to affiliated producers as soon as we receive new information.

Before the reporting opens on January 25, we will send out a newsletter with more information regarding reporting and the changes. Keep an eye on your email for updates!