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FACT CHECK: Has the EU really banned Swedes from lighting bonfires?

Claims that a new EU law had outlawed lighting fires in private gardens have hit the headlines recently, with outraged Swedes accusing Brussels of banning Sweden's traditional spring fires. But how true are they?

FACT CHECK: Has the EU really banned Swedes from lighting bonfires?
A common sight in Sweden during the spring - but has the EU outlawed bonfires? Photo: Martina Holmberg/TT

What’s happened?

On April 6th, TV4 Nyheter published a story claiming that burning twigs and leaves in private gardens has been illegal since the beginning of the year, due to new EU rules.

“A common habit for gardeners during their spring cleaning is now banned. An EU law which came into force at the beginning of the year demands that all food and garden waste are sorted separately,” the article states, quoting Milla Sundström, an administrator from the waste and chemicals unit of the Environmental Protection Agency (Naturvårdsverket) as saying this “indirectly” bans spring fires.

Sundström added that the ban is enforced by local councils, so rules may differ.

Wait… why is it so important for Swedes to burn twigs in their gardens?

It’s a common way of getting rid of the leaves and branches that have accumulated over the last year, with the ashes often used as fertiliser in the garden. It’s usually only allowed for a couple of weeks a year in spring and again in the autumn, and during Valborg at the end of April, when it’s traditional to light a spring bonfire.

Quite a lot of people in Sweden live in pretty remote areas, so it’s much easier for them to get rid of bulky garden waste by burning it rather than having to drive it off to the nearest recycling centre.

So has burning garden waste been banned by the EU?

Technically, no.

The EU law says that member states should “encourage the recycling, including composting and digestion, of bio-waste”, as well as encourage home composting and promoting the use of materials produced by bio-waste, but it doesn’t say anything about banning fires.

“This is the stupidest thing I’ve ever heard,” Center Party MEP Emma Wiesner wrote on X, before blaming the government for interpreting the law incorrectly.

“Banning tidying up in your own garden has clearly NOT been the EU’s intention. The inability of the government and authorities to implement the simplest of directives is embarrassing and adds to the contempt for politicians,” she added.

So who has banned fires on private property?

In a regulation from December 22nd, 2022 signed by Environment Minister Romina Pourmokhtari, the government writes that exemptions “from the prohibition on the incineration of separately collected waste” may be granted in the case of public events. 

This refers to a separate law governing waste, which states that “waste that has been collected separately to be prepared for reuse or recycling should not be incinerated”.

This regulation came into effect on January 1st, 2024.

Wait… what does that even mean?

Admittedly, the regulation isn’t particularly clear. Having said that, the new rules on bonfires appear to stem from Naturvårdsverket interpreting this regulation as an outright ban.

“The new regulations mean that garden waste must be composted on-site, left at a recycling centre, or collected by the council,” it writes in a post on its website dated April 11th. “In practice, this means that it is no longer permitted to burn branches, leaves and other garden waste”.

Naturvårdsverket claims that this is “part of the introduction of the EU’s waste directive, which means that bio-waste should primarily be recycled”.

It does, however, add that local councils are able to grant exceptions, “for example if it’s a long way to the closest recycling centre”.

So whose fault is it?

Energy and business minister Ebba Busch, who is head of the climate and business ministry, seemed to indicate in a post on X that the confusion was due to the badly-worded rules introduced by the government at the beginning of the year, which were designed to coincide with the EU’s waste directive.

“I want to be clear and say that the government has not introduced a new ban against burning garden waste,” she wrote, alongside a picture of her standing in front of a fire in her own garden.

“There are new rules, but not any huge changes compared to how it’s worked in the past. We can see that these can be interpreted in different ways. For that reason, the rules will be clarified,” she added.

Can I burn twigs in my garden then?

Maybe.

Despite politicians sharing posts telling you to “Keep calm and keep lighting fires,” you should check with your municipality before you do so.

Some, like Halmstad, have interpreted the new regulations as meaning that you can still light a fire in your own garden, while others require you to apply for an exemption (which usually includes paying a fee), whether you’re applying for a May bonfire or just want to burn some leaves in your own garden.

Others, like Värmdö municipality, allow you to burn things like twigs and small branches in your garden, while stating that grass and leaves should be composted.

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‘Very little debate’ on consequences of Sweden’s crime and migration clampdown

Sweden’s political leaders are putting the population’s well-being at risk by moving the country in a more authoritarian direction, according to a recent report.

'Very little debate' on consequences of Sweden's crime and migration clampdown

The Liberties Rule of Law report shows Sweden backsliding across more areas than any other of the 19 European Union member states monitored, fuelling concerns that the country risks breaching its international human rights obligations, the report says.

“We’ve seen this regression in other countries for a number of years, such as Poland and Hungary, but now we see it also in countries like Sweden,” says John Stauffer, legal director of the human rights organisation Civil Rights Defenders, which co-authored the Swedish section of the report.

The report, compiled by independent civil liberties groups, examines six common challenges facing European Union member states.

Sweden is shown to be regressing in five of these areas: the justice system, media environment, checks and balances, enabling framework for civil society and systemic human rights issues.

The only area where Sweden has not regressed since 2022 is in its anti-corruption framework, where there has been no movement in either a positive or negative direction.

Source: Liberties Rule of Law report

As politicians scramble to combat an escalation in gang crime, laws are being rushed through with too little consideration for basic rights, according to Civil Rights Defenders.

Stauffer cites Sweden’s new stop-and-search zones as a case in point. From April 25th, police in Sweden can temporarily declare any area a “security zone” if there is deemed to be a risk of shootings or explosive attacks stemming from gang conflicts.

Once an area has received this designation, police will be able to search people and cars in the area without any concrete suspicion.

“This is definitely a piece of legislation where we see that it’s problematic from a human rights perspective,” says Stauffer, adding that it “will result in ethnic profiling and discrimination”.

Civil Rights Defenders sought to prevent the new law and will try to challenge it in the courts once it comes into force, Stauffer tells The Local in an interview for the Sweden in Focus Extra podcast

He also notes that victims of racial discrimination at the hands of the Swedish authorities had very little chance of getting a fair hearing as actions by the police or judiciary are “not even covered by the Discrimination Act”.

READ ALSO: ‘Civil rights groups in Sweden can fight this government’s repressive proposals’

Stauffer also expresses concerns that an ongoing migration clampdown risks splitting Sweden into a sort of A and B team, where “the government limits access to rights based on your legal basis for being in the country”.

The report says the government’s migration policies take a “divisive ‘us vs them’ approach, which threatens to increase rather than reduce existing social inequalities and exclude certain groups from becoming part of society”.

Proposals such as the introduction of a requirement for civil servants to report undocumented migrants to the authorities would increase societal mistrust and ultimately weaken the rule of law in Sweden, the report says.

The lack of opposition to the kind of surveillance measures that might previously have sparked an outcry is a major concern, says Stauffer.

Politicians’ consistent depiction of Sweden as a country in crisis “affects the public and creates support for these harsh measures”, says Stauffer. “And there is very little talk and debate about the negative consequences.”

Hear John Stauffer from Civil Rights Defender discuss the Liberties Rule of Law report in the The Local’s Sweden in Focus Extra podcast for Membership+ subscribers.

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