About Miljöbalken

Miljöbalken is intended to promote sustainable development. More detailed rules are found in ordinances linked to the Code. In addition, it connects with other laws that refer to Miljöbalken.
Miljöbalken came into force on January 1, 1999. Its goal is to protect the environment so that both we and future generations can live in a healthy and good environment. Many regulations from earlier environmental laws have now been given broader applicability through the Code.
The Code applies to all types of actions – from things individuals do in everyday life to activities carried out by businesses.

Structure of Environmental Legislation

Miljöbalken is divided into seven parts, comprising a total of 33 chapters and around 500 sections. In addition, there are many ordinances and regulations enacted under the authority of the Code.
The government enacts ordinances and authorizes agencies to issue regulations within their areas of responsibility. Agencies can also provide guidance on how the rules should be interpreted and applied in practice.

Connection to Other Laws and EU Regulations

Several Swedish laws, such as the Forestry Act, Aviation Act, and Roads Act, refer to Miljöbalken. This means that rules from the Code are applied in assessments under these laws.
EU environmental regulations also impact the Code. EU directives must be incorporated into national law, often through Miljöbalken. EU regulations apply directly in all member states.

Overview of Supervision under Miljöbalken

Miljöbalken is designed to ensure sustainable development so that current and future generations can live in a good environment. Below is an overview of how the Code is applied and how supervision works.

A Framework Law with Broad Scope

Miljöbalken is a framework law, which means it does not contain precise rules for every situation. Instead, it outlines general goals and principles to guide decisions. These are supplemented by ordinances, regulations, agency decisions, and legal practice – that is, how the law has been applied in previous cases.

How the Code is Applied in Practice

The Code is intended to be adaptable as society changes. In many cases, individual assessments are needed, based on general consideration rules and the purpose of the Code. This is both a strength and a challenge.

To ensure consistency in assessments across the country, supervisory authorities receive support from national agencies. However, it is always the supervisory authority that must determine what applies in each specific case. Often, there is no clear guidance, which can lead to varied application – but this also helps develop legal practice.

Supervision – A Key Tool for Achieving Environmental Goals

Supervision is the most important societal tool to ensure compliance with Miljöbalken. Through supervision, we can identify and correct faults and deficiencies. This protects both the environment and human health – and ensures that businesses operate under equal conditions.

Who Is Responsible for Supervision?

Supervision is primarily carried out by county administrative boards and municipalities. The Swedish Defence Inspectorate is responsible for military activities. National agencies are usually responsible for specific areas.

The supervisory responsibilities of different authorities are specified in the Environmental Supervision Ordinance (2011:13). In some cases, the county administrative board can delegate supervision to the municipality, which often makes the work more efficient – especially regarding environmentally hazardous activities.

The Breadth of Miljöbalken

Miljöbalken covers a wide range of activities and measures – from large corporations to private individuals. Sometimes it can be difficult to determine who is responsible for something that affects the environment.

Because each supervisory area has different conditions, special expertise is often required. Many inspectors specialize in specific areas. You can read more about this in the status reports for different supervisory areas.

Environmental Crimes

An environmental crime is when someone violates rules intended to protect the environment. This can include:

• Unauthorized discharges into soil, water, or air
• Damage to protected natural areas
• Violations of public access rights, such as shoreline protection
• Breaches of permits and regulations for hazardous activities or chemicals
• Harm to animals and nature, especially protected species

The Code contains both guidelines for consideration and provisions for criminal liability. The criminal provisions are found in Chapter 29. Only what is listed there is considered an environmental crime – though some actions may also be offenses under other laws, such as importing protected species.
Besides criminal rules, the Code includes many provisions used by supervisory authorities when reviewing permits and conducting inspections.

Reporting Environmental Crimes

Supervisory authorities usually report suspected environmental crimes – for example, after inspections or following tips from the public. The general public can also report directly to the Police or Public Prosecutor’s Office.

The police have special environmental crime investigators. Supervisory authorities often contribute expert knowledge in investigations.

Penalties for Environmental Crimes

Anyone who commits an environmental crime can be sentenced to fines or imprisonment for up to two years, as provided in Chapter 29 of the Code. For serious offenses, the penalty is at least six months and up to six years in prison. For serious violations of species protection laws, the sentence is six months to four years in prison.

Corporate Fines

If a crime is committed within a company, the company can be fined. This is common for environmental and occupational safety offenses, which often occur within corporate operations.

Often only the company is fined, but in serious cases – or if the crime was intentional – an individual may also be prosecuted. A corporate fine ranges from SEK 5,000 to SEK 10 million.

New Rules Since January 1, 2020

Since 2020, new rules on corporate fines apply. More types of companies can now be fined, and larger companies may be fined more for serious crimes. Prosecutors can also decide on fines of up to SEK 3 million through a so-called summary penalty order.

Special Prosecutor’s Unit for Environmental Crimes

The Swedish Prosecution Authority has a special unit for environmental and workplace crimes: the National Unit for Environmental and Work Environment Cases.
It handles offenses related to:

• Miljöbalken and related regulations
• The Work Environment Act
• The Act on Discharges from Ships
• Environmental crimes listed in other laws, such as the Penal Code
• Serious poaching crimes involving protected predators

The unit has offices in Malmö, Gothenburg, Jönköping, Stockholm, and Östersund. Each office covers a specific geographic area.

What Is Environmental Crime?

Environmental crime involves actions that violate environmental laws and cause serious harm or risk to nature, human health – or both. Examples include:

• Collecting, transporting, recycling, or disposing of waste improperly
• Operating hazardous facilities without permits
• Killing, harming, owning, or trading protected species or plants
• Producing, selling, or using ozone-depleting substances

Environmental crime is one of the EU's priority areas in combating serious and organized crime. It is part of a joint EU initiative called EMPACT 2022–2025.

Illegal Waste Management – An Example

The trade in waste illustrates the scale of environmental crime. Criminal groups often use legitimate businesses as fronts. This makes it hard to distinguish legal from illegal activity.
Previously, waste was often dumped directly. Today, the operations are more sophisticated. Criminals operate along the entire chain – from collection to disposal – and use falsified documents to conceal their actions.

Environmental Crimes Harm Both Nature and People

Environmental crimes can have serious consequences:

• More pollution
• Harm to animals and plants
• Reduced biodiversity
• Disrupted ecological balance

They are not victimless crimes. Consequences include:

• Increased health risks
• Environmental disasters
• Irreversible climate changes
• Contaminated food and water
• Reduced life expectancy
• Deaths

Environmental Crime Is Profitable – but Hard to Detect

Environmental crimes are often highly profitable – some rival drug trafficking in revenue. But the penalties are lower and detection is harder. This attracts organized crime.
Trade in protected species and illegal waste disposal are common among criminal networks. Evidence suggests profits sometimes fund terrorism. Criminals often use the same methods as in other serious crimes, such as smuggling.

Big Money in Environmental Crime

According to a 2011 study, three of the twelve most profitable types of international crime are environmental:

• Illegal wildlife trade: USD 7.8–10 billion per year
• Illegal timber trade: approx. USD 7 billion per year
• Illegal fishing: USD 4.2–9.5 billion per year

Cross-border environmental crime is estimated to be worth USD 70 to 213 billion annually.

History and Background of Miljöbalken

Sweden’s environmental legislation has its roots in the need to regulate water use for industry and households. During the 19th-century industrialization, emissions from factories increased while cities grew rapidly. In the 1860s, sewers were introduced, and by 1910, water closets became common – but wastewater was released untreated into nature, leading to polluted waterways and conflicts over water use.

Around 1900, public interest in nature grew. The Swedish Society for Nature Conservation was founded in 1909 – the same year Sweden enacted its first nature protection laws and a national parks act. Mechanization of agriculture and forestry, enabled by cheap oil, drastically changed landscapes and threatened biodiversity.

After WWII, chemical use increased. Despite benefits, risks were long ignored. Rachel Carson’s book Silent Spring (1962) raised awareness of the dangers of chemicals, such as mercury-treated seeds harming birds of prey.

In the 1950s and 60s, Sweden began developing systematic environmental laws. Key laws and agencies were created, such as the Environmental Protection Act (1969) and the Swedish Environmental Protection Agency (1967) – the world’s first central environmental authority. The 1972 UN Environment Conference in Stockholm and the 1992 Rio Summit influenced Swedish law, introducing principles like precaution and “polluter pays.”

In the 1980s, it became clear that a unified environmental law was needed. By then, Swedish environmental law was complex and fragmented. In 1989, the Environmental Protection Committee was tasked with merging and coordinating environmental laws into a single code.

After several investigations and political negotiations, the government presented a final proposal in 1997. The Riksdag adopted Miljöbalken in June 1998, and it entered into force on January 1, 1999. It replaced 16 older laws, including the Nature Conservation Act, Environmental Protection Act, Health Protection Act, and Water Act.

Miljöbalken now covers all types of environmental impact – from air and water pollution to chemicals, waste, and land use. It is based on principles such as the circular economy, the precautionary principle, and “the polluter pays.” By incorporating water legislation, it symbolically returns to the origins of Sweden’s environmental law.