Chapter 6 of the Waste Regulations concerns Take-back systems for beverage packaging. The main objective is to establish efficient Take-back systems with a high return rate to reduce littering and the amount of waste from this type of packaging. Chapter 6 is part of a larger regulatory framework aimed at promoting a more circular economy and reducing the environmental impact of waste. 

Table of Contents

Amended by regulation 18 June 2025 No. 1128 (effective 1 July 2025). 

 

§ 6-1. Scope

The provisions of this chapter apply to take-back systems for primary packaging of beverages. The provisions in this chapter apply only to take-back systems for primary packaging used in distribution all the way to the consumer.

§ 6-2. Purpose 

The purpose of these provisions is to contribute to effective return systems with high return rates for inner packaging of beverages, thereby preventing littering and reducing waste from such packaging.

§ 6-3. Definitions

In this chapter, take-back system means a system under which the consumer can return empty packaging free of charge for recovery.

In this chapter, beverages means beverages in liquid form only, including liquid concentrates intended for mixing.

In this chapter, recovery means reuse, recycling and energy recovery.

In this chapter, deposit and return scheme means a scheme under which the consumer and the point of sale pay a certain amount (deposit) for the packaging of an article on condition that the amount is refunded to the purchaser when the empty packaging is returned.

In this chapter, primary packaging means a packaging unit (bottle, box or similar) into which the beverage is filled.

§ 6-4. Establishment and Approval of Take-back systems and Registration 

Producers or importers of beverages can establish and manage or join a take-back system for primary packaging. The Norwegian Environment Agency decides whether the take-back system should be approved. Approval requires a minimum 25% return rate and environmentally sound reuse or recovery of the packaging. Take-back systems based on energy recovery are approved only if reuse or recycling is not technically, environmentally, or economically feasible. The take-back system must also demonstrate its ability to fulfill the obligations in § 6-5a.

§ 6-5. Determination of Return Rate 

The Norwegian Environment Agency determines the expected return rate for the take-back system, based on the average return rate of the past three years. The return rate can be set differently if there are special reasons or no data from the past three years. The return rate decision is used to reduce the tax according to the Ministry of Finance's Forskrift om særavgifter.

§ 6-5a. Obligation for Recycling, Reporting, etc.

The obligations and requirements in the Waste Regulations §§ 7-7 (obligation to report on waste prevention work and production requirements), 7-8 (obligation to cover costs for separate collection and handling of packaging waste), 7-10 (obligation for material recycling), 7-11 (requirements for calculating the material recycling rate), 7-14 (non-profit), 7-15 (obligation for equal treatment), 7-16 (obligation to report and document), 7-17 (obligation to have financial reserves), 7-19 (obligation to inform), and 7-20 (obligation for publicly available information) apply correspondingly to approved take-back systems under § 6-4.

§ 6-6. Marking

Primary packaging included in a deposit and return scheme must be marked with a deposit label showing the deposit rate. The deposit label must have a minimum size of 9 mm x 9 mm.

The deposit label must be printed on the primary packaging itself or on the label. For imported products and products in small product series, a sticker can be used.

The requirement for the minimum size of the deposit label, cf. the first paragraph, applies from September 1, 2018.

§ 6-7. Return of packaging that is included in a deposit and return scheme to points of sale

Points of sale of beverages in packaging that is included in a deposit and return scheme have a duty to accept reasonable quantities of empty packaging for products that they themselves retail. When packaging is returned to a point of sale, the consumer may claim a cash refund of the deposit.

§ 6-8. Deposit Rates

For primary packaging included in a deposit and return scheme, the point of sale and consumer must pay a deposit according to the following rates:

  1. For primary packaging with a filled volume up to and including 50 cl: NOK 2.00 per unit
  2. For primary packaging with a filled volume over 50 cl: NOK 3.00 per unit

If the purchase price of the primary packaging exceeds the deposit rates in the first paragraph or the return rate for a type of primary packaging is particularly low, a company operating a take-back system can apply to The Norwegian Environment Agency to set a higher deposit rate. The Norwegian Environment Agency may set conditions for the determination of such special deposit rates.

§ 6-9. Prohibition of a Packaging Variant

The Norwegian Environment Agency may prohibit the use of primary packaging that hinders the appropriate implementation of established deposit systems.

§ 6-10. Supervision

The Norwegian Environment Agency supervises compliance with the provisions of this chapter and decisions made pursuant to the provisions of this chapter.

§ 6-11. Fees for Approval Work

The take-back system must pay a fee to the state treasury for The Norwegian Environment Agency 's processing of approval or changes to approval.

The take-back system must pay a fee to the state treasury for The Norwegian Environment
Agency 's processing of approval or changes to approval.

Fees must be paid according to the following rates:

The total fees must not exceed The Norwegian Environment Agency's costs for processing. The Norwegian Environment Agency decides which fee rate applies in each case. The expected resource consumption related to the processing must be the basis for determining the fee rate.

When special reasons exist, The Norwegian Environment Agency may reduce or waive the fee under this provision.

The Norwegian Environment Agency may annually adjust the fee rates in accordance with changes in the consumer price index calculated for the period from October 1 to September 30. The adjusted rate must be rounded to the nearest NOK 100. Changes take effect on the following January 1.

The Norwegian Environment Agency may change the fee rates if the costs related to The Norwegian Environment Agency's processing under this provision change.

§ 6-11a. Annual Fee for Take-back systems

Approved take-back systems must pay an annual fee to the state treasury for The Norwegian Environment Agency's work with annual reporting.

The annual fee is NOK 19,800 per approved take-back system.

Billing of the annual fee is done in arrears. For take-back systems that have been approved for part of the year, the annual fee is adjusted accordingly.

When special reasons exist, The Norwegian Environment Agency may reduce or waive the fee under this provision.

The Norwegian Environment Agency may annually adjust the fee rate in accordance with changes in the consumer price index calculated for the period from October 1 to September 30. The adjusted rate must be rounded to the nearest NOK 100. Changes take effect on the following January 1.

The Norwegian Environment Agency may change the fee rate if the costs related to the Environmental Directorate's control measures under this provision change.

§ 6-11b. Obligation to Cover the Norwegian Environment Agency's Costs for Data Systems

Approved take-back systems must cover The Norwegian Environment Agency's costs for the development and operation of data systems necessary to ensure compliance with the producer responsibility requirements set out in this chapter.

The Norwegian Environment Agency determines the fee amount in individual decisions. The fee must be the same for all approved take-back systems under this chapter.

When special reasons exist, The Norwegian Environment Agency may reduce or waive the fee under this provision.

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