Laid down pursuant to section 4 of the Act of 11 June 1976 no. 79 relating to the control of products and consumer services (the Product Control Act).

6-1. Scope

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

6-2. Purpose

The purpose of the provisions in this chapter is to facilitate effective take-back systems with a high recovery rate for beverage packaging such that the take-back systems help to prevent litter and to reduce the amount of waste produced by this kind of packaging.

6-3. Definitions

For the purposes of this chapter

• take-back system means a scheme where the consumer can return empty packaging free of charge for recycling. 
• beverages means only liquid beverages, including liquid concentrates intended for mixing. 
• recovery means reuse, materials recycling and energy recovery. 
• deposit scheme means a scheme where the consumer and the point of sale pay a certain amount (deposit) for the packaging of an article under the condition that the amount is refunded to the purchaser upon the return of the empty packaging. 
• primary packaging means the packaging unit (bottle, box or similar) that the beverage is poured into. 
• secondary packaging means the packaging unit that contains several primary packaging units.

6-4. Establishment and approval of a take-back system

The individual manufacturer or importer of beverages can set up and manage or join a take-back system for primary packaging. The Norwegian Pollution Control Authority shall decide whether the take-back system is to be approved.

A precondition for approval is that the take-back system is expected to achieve a minimum recovery rate of 25%, and that the packaging is made available for environmentally sound recycling. Take-back systems based on energy recovery will only be approved if reuse or materials recycling is not technically, environmentally or financially feasible.

Conditions relating to approval may be imposed.

6-5. Determination of the return rate

The Norwegian Pollution Control Authority shall set the return rate that the take-back system can be expected to achieve.

The recovery rate shall be set in advance for a maximum of one year at a time. The decision on the recovery rate shall be used as the basis for a reduction of the duties charged under the regulations of the Ministry of Finance relating to environmental taxes on wine and spirits, beer and non-alcoholic drinks in primary packaging.

6-6. Labelling

Upon the establishment of a deposit scheme for packaging types and product categories that have not previously been incorporated in a deposit scheme, the packaging itself or the label shall bear clear marking that indicates that the packaging can be returned for a refund of the deposit.

6-7. Return of packaging that is incorporated in a deposit scheme to points of sale

Points of sale of beverages in packaging that is incorporated in a deposit scheme have a duty to accept reasonable quantities of empty packaging that they themselves retail. Upon delivery of the packaging to the points of sale, the consumer can claim a cash refund of the deposit.

Primary packaging in the deposit system based on reuse shall be delivered by the manufacturer to the points of sale in or together with secondary packaging that is suitable to be used several times.

6-8. Deposit rates

The following deposit rates shall apply until further notice:

A) Primary packaging (per piece): 
Units with a filling volume of up to and including 50 cl
a) for trade between the manufacturer/importer and the reseller: NOK 1.20,
b) for trade between the reseller and the consumer: NOK 1.00. 
Units with a filling volume exceeding 50 cl
a)  for trade between the manufacturer/importer and the reseller: NOK 3.00,
b)  for trade between the reseller and the consumer: NOK 2.50.
B)  Secondary packaging (per piece):
- for secondary packaging that is used in the distribution from the manufacturer/importer: NOK 16.00.

The refund of the deposits can be claimed in cash.

6-9. Prohibition on particular forms of packaging

The Norwegian Pollution Control Authority may prohibit the use of primary packaging that prevents the appropriate implementation of established deposit schemes.