NORWAY Law and Practice Contributed by: Elise Johansen, Tonje Hagen Geiran and Lene Marita Berg Hermann, Wikborg Rein Advokatfirma AS
15.2 Retention of Environmental Liability Generally, the liability of producers and consignors ceases upon delivery of the waste to an approved facility or to a third party with the necessary permits. However, transferring waste does not automatically absolve the original holder of responsibility, as due diligence must be exercised. Under Section 28 of the Pollution Control Act ( Forurensningsloven ), a party responsible for improper waste handling may be held liable for environmental damage, regardless of trans- fer. Also, if waste is delivered to an unauthorised recip- ient, or if the consignor knew or should have known that the recipient would not comply with regulations, the original producer remains responsible. 15.3 Circular Economy Requirements There is no general requirement for all producers to design products for disassembly or reassembly. How- ever, some product-specific regulations require such considerations to facilitate waste management, recy- cling and hazardous substance removal. Producer responsibility for take-back, recovery, recycling or proper disposal applies to certain product categories, such as electrical and electronic equipment, batteries, and packaging. As Norway is a party to the EEA Agreement, relevant EU legislation in this area is being incorporated into Norwegian law. The Norwegian Sustainable Products Act ( Bærekraftige produkter-loven ) serves as an ena- bling statute for issuing regulations to implement EU circular economy legislation, imposing, for example, sustainability requirements on the design, composi- tion, content and characteristics of products. 15.4 Rights and Obligations Applicable to Waste Operators Waste operations handling waste that may result in pollution must obtain the necessary permits. Apart from specific permit conditions, operators must ensure proper handling to protect health and the environment, as well as comply with general require- ments regarding storage, treatment, documentation and reporting. The consequences of breaching such obligations vary, depending on the gravity of the breach, and may include:
• administrative sanctions and enforcement fees; • prosecution; and/or • imprisonment. Operators may also be liable for costs related to pol- lution, clean-up, or harm to third parties. 16. Environmental Disclosure and Information 16.1 Disclosure and Reporting Requirements Environmental issues must be disclosed under several laws, primarily the following: • Accounting Act ( Regnskapsloven ); • Transparency Act ( Åpenhetsloven ); and • Pollution Control Act ( Forurensningsloven ). Companies must provide environmental information to regulators (such as the Environment Agency) and, upon request, to the public under the Environmen- tal Information Act ( Miljøinformasjonsloven ), which ensures transparency and public access to environ- mental data. The EU Corporate Sustainability Reporting Direc- tive (CSRD) is implemented in Norwegian legislation, primarily through the Accounting Act. Following the same timeline as EU countries, sustainability report- ing is being introduced gradually. Starting from the financial year 2024, certain large public entities are required to report. The simplifications according to the Omnibus proposal will apply to Norway. Failure to disclose or providing incomplete information can lead to administrative sanctions, fines or enforce- ment actions, as well as reputational and investor trust damage. 16.2 Public Environmental Information The public has a broad right to access environmen- tal information under the Environmental Information Act ( Miljøinformasjonsloven ), which implements the Aarhus Convention. Any person may request envi- ronmental information from public authorities. This includes, eg, ministries, municipalities, agencies, and state-owned enterprises.
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