Chapter 2

Chapter 2. Regulated substances, preparations and products

Regulations relating to restrictions on the manufacture, import, export, sale and use of chemicals and other products hazardous to health and the environment (Product Control Regulations). This is an unofficial translation of the Norwegian regulation.

Chapter 2. Regulated substances, preparations and products

Regulations relating to restrictions on the manufacture, import, export, sale and use of chemicals and other products hazardous to health and the environment (Product Control Regulations). This is an unofficial translation of the Norwegian regulation.

2-1. PCBs

It is prohibited to produce, make available on the market and use substances or preparations that contain polychlorinated biphenyls (PCBs), CAS No. 1336-36-3.

It is prohibited to make available on the market, use or reuse finished products that contain PCBs. It is also prohibited to have the following products containing PCBs in use:

a) transformers,

b) power condensers that may contain more than 1kg of PCBs or material containing PCBs,

c) condensers in indoor and outdoor fluorescent light fittings produced from 1965 to 1979 inclusive and indoor and in outdoor vapour lamps produced from 1960 to 1979 inclusive, if it cannot be documented that these are PCB-free. The prohibition applies from 1 January 2005 for condensers in vapour lamps and indoor fluorescent light fittings and from 1 July 2007 for condensers in outdoor fluorescent light fittings.

d) Power feedthroughs that carry power in and out of transformers or through wall material in power stations and similar plants. The prohibition applies from 1 January 2010.

In this provision, "making available on the market" means supply or make available to a third party against payment or free of charge, where import into the Community Customs Area is also consider as making available on the market.

Those who have products that contain PCBs shall, through labelling, signs or other measures, ensure that it is clearly apparent that the product contains PCBs. Labelling or signs shall be permanent, with black characters on a bright yellow base.

The labelling requirement does not apply to condensers in light fittings, other electrical and electronic consumer articles and building materials that are not in clearly limited units.

Products that contain PCBs shall be secured against leakage.

The prohibition on using condensers containing PCBs in light fittings, cf. second paragraph letter c, is postponed until 1 January 2008 for condensers in vapour light fittings and indoor light fittings and until 1 July 2008 for condensers in outdoor light fittings if the following conditions are complied with:

a) There is a record of all condensers containing PCBs that must be phased out.

b) A schedule has been prepared to ensure that all condensers in vapour lamps and indoor fluorescent light fittings are phased out by 1 January 2008 and all condensers in outdoor fluorescent light fittings are phased out by 1 July 2008. The schedule shall describe what is to be replaced each year and shall be updated if the property changes. Light fittings in property acquired after the prohibition came into force, cf. second paragraph letter c), must be incorporated into the schedule. The schedule shall be presented at the request of the Environment Agency or a person or body authorised by the Ministry of Climate and Environment.

c) There is a documented budget coverage or financial guarantee for the implementation of the schedule.

d) A waste plan has been prepared in which information is given about routines for waste management at all stages of the phasing out. The routines shall describe the handling of the condensers or light fittings containing PCBs from dismantling until delivery to an approved reception center for hazardous waste or for electrical and electronic waste.

The seventh paragraph does not apply to products that have leaks or other defects that increase the product's risk to health or the environment.

2-2. Lead shot

It is prohibited to use lead shots at shooting ranges.

2-3. Mercury and mercury compounds

It is prohibited to manufacture, import, export, make available on the market and use, substances or preparations that contain mercury or mercury compounds. The prohibition also includes substances and preparations for the purpose of analysis and research.

It is prohibited to manufacture, import, export or make available on the market finished products that contain mercury or mercury compounds. The prohibition also includes products for the purpose of analysis and research.

The prohibitions in the first and second paragraph do not apply to:

a) mercury that occurs naturally in coal, ore, ore concentrate etc.,

b) packaging, batteries, vehicle components and electrical and electronic products and equipment that are covered by Chapter 2a of these regulations,

c) substances, preparations and finished products where the content of mercury or mercury compounds is lower than 0.001 per cent by weight,

d) thiomersal as a preservative in vaccines.

e) substances or preparations that contain mercury or mercury compounds for use as reference standards in the analysis of mercury,

f) substances or preparations that contain mercury or mercury compounds for use in analyses according to international standard methods in the pharmaceutical industry,

g) substances or preparations that contain mercury or mercury compounds for use in the analysis of chemical oxygen demand (COD), and waste from such analyses,

h) substances or preparations that contain mercury or mercury compounds for use in medical diagnostics.

The prohibitions in the first and second paragraph do not apply to the areas of use for mercury compounds that are regulated by entries 18 and 18a in Annex XVII to the REACH Regulation, cf. regulations of 30 May 2008 No. 516 concerning the registration, evaluation, authorisation and restriction of chemicals (the REACH regulations). The prohibition in the second paragraph does however apply to clinical thermometers and other measuring instruments that are regulated by entry 18a in Annex XVII to the REACH Regulation if these items came into use before 3 April 2009. (cf. no. 1 and 2 in entry 18a in Annex XVII to the REACH Regulation, cf. regulations of 30 May 2008 No. 516 concerning the registration, evaluation, authorisation and restriction of chemicals (the REACH regulations).)

2-4  (Repealed 1 July 2013 by regulation no. 995 of 22 July 2014.)

2-5. Octylphenol

It is prohibited to manufacture, import, export, make available on the market and use octylphenol or octylphenol ethoxylates or preparations that contain these substances.

The prohibition does not apply to paint, varnish, lubricating oil or articles. Neither does the prohibition apply if the use is regulated through other legislation.

2-6. Methylol acrylamide

It is prohibited to use substances or preparations that contain 1 per cent by weight or more of methylol acrylamide (CAS No. 924-42-5) for sealing water leaks in connection with construction work.

2-7. Brominated flame retardants

It is prohibited to manufacture, import, export, place on the market and use substances or preparations that contain 0.1 per cent by weight or more of decabromodiphenyl ether (CAS No. 1163-19-5).

It is prohibited to manufacture, import, export and make available on the market products or flame retardant parts of products that contain 0.1 per cent by weight or more of decabromodiphenyl ether (CAS No. 1163-19-5).

The prohibitions in the first and second paragraph do not apply if the substance is used in

a) vehicles that are approved under the currently prevailing version of the regulations of 4 October 1994 No. 918 regarding technical requirements and approval of vehicles, parts and equipment,

b) aircraft registered in the Aircraft Register pursuant to Act of 11 June 1993 No. 101 relating to aviation,

c) vessels registered in the Shipping Register pursuant to the Norwegian Maritime Code of 24 June 1994 No. 39 or the Norwegian International Ship Register pursuant to Act of 12 June 1987 No. 48 relating to the Norwegian International Ship Register or

d) rolling stock for use on railways, including tramways, underground railways, suburban lines and similar forms of rail transport.

The use of decabromodiphenyl ether in electrical and electronic products is regulated by chapter 2a. 

2-8. DEET

It is prohibited to produce, import and make available on the market insect repellent products containing more than 20% DEET (N,N-Diethyl-meta-toluamide, CAS No. 134-62-3).

Insect repellent products that contain DEET, cf. first paragraph, shall, in addition to the health, environmental, fire and explosion hazard labelling required by regulations, also be labelled with an easily read and permanent text reading: "Må ikke brukes på barn under 3 år, brukes med forsiktighet på større barn" (Must not be used on children under 3; use with care on older children).

2-9. PFOS in firefighting foam*

It is prohibited to have firefighting foam that contains 0.001 per cent by weight or more of PFOS or PFOS related compounds.

Firefighting foam that contains 0.001 per cent by weight or more of PFOS or PFOS related compounds shall be delivered to an approved facility for destruction. 

*See also Section 2-30 and entry 53 in Annex XVII to the REACH Regulation, cf. regulations of 30 May 2008 No. 516 on the registration, evaluation, authorisation and restriction of chemicals (the REACH regulations). 

2-10. Textiles and leather products containing pentachlorophenol or formaldehyde

It is prohibited to produce, import, export and make available on the market textiles and leather that contain more than 5 ppm of pentachlorophenol or its salts or esters. The US EPA 8270 method or equivalent shall be used for analysis of pentachlorophenol.

It is prohibited to produce, import, export and make available on the market textiles with a content of free and partly hydrolysed formaldehyde that exceeds the following limit values:

a) textiles for children aged under to: 30 mg/kg textile,

b) textiles that normally come into direct contact with skin: 100 mg/kg textile,

c) textiles that do not normally come into direct contact with skin: 300 mg/kg textile.

For textiles marked with guidance care label that recommends washing the textiles before use, the limit values for formaldehyde apply after the textile has been washed in accordance with the recommendation. The ISO standardized NS-EN ISO 14184-1 method or equivalent shall be used for analysis of formaldehyde.

2-11. Chromium impregnated timber

The import, export and placing on the market of timber and timber products that have been impregnated with compounds of chromium is prohibited.

The prohibition does not apply to timber impregnated with chromium solutions in industrial plants for professional and industrial use in the following areas:

a) as construction timber in public, office, industrial and agricultural buildings

b) in bridges and bridge structures

c) as timber constructions in freshwater areas and brackish water, for example landing stages and bridges

d) as noise barriers, from protection against avalanches and for earth buttresses

e) as fence posts of round, debarked conifer for fencing in livestock

f) for safety barriers and crash barriers on roads, as railway sleepers for underground railways and as posts for electrical power transmission and telecommunications if it is necessary out of concern for human and animal safety and if it is unlikely that the general public will be exposed to skin contact with the wood in the course of its service life.

Timber impregnated with chromium cannot be used

a) in residentials

b) in places where there is a risk of frequent contact with the skin

c) in salt water

d) for agricultural purposes other than those stated in subsection 2 a) and e)

e) in places where impregnated wood can come into contact with semi-finished products or finished products intended for human or animal consumption.

Chromium impregnated timber that was in use before 30 September 2007 may continue to be used until the end of its service life. The other conditions in this paragraph apply to the placing on the market of such timber.

Those who produce or import timber treated with chrome solutions shall ensure that all timber is dried to less than 30 per cent humidity by weight before it is delivered to dealers or users. Neither shall the timber be placed on the market until the chromium solution is completely fixed.

When placed on the market each piece of timber treated with chromium shall be marked with: "Bare til bruk i næringsvirksomhet" (Only for use in industry). Timber that is placed on the market in packaging shall be marked with a label reading: "Bruk hansker når treet håndteres" (Use gloves when handling this timber). "Bruk støvmaske og øyevern ved bearbeiding av treet" (Use a dust mask and eye protection when working with this timber). Avfall fra trevirket skal behandles som farlig avfall" (Waste from this timber shall be treated as hazardous waste).

Timber treated with solutions of chromium shall also be marked on each piece with information about which metals it contains. 

2-12. Detergents – phosphorus content

It is prohibited to manufacture, import or make available on the market for use in Norway detergents with a higher phosphorus content in percentage by weight than

a) laundry detergents: 0.2%

b) automatic dishwasher detergents: 3.8%

c) liquid cleaning agents and washing up liquid: 0.2%

d) cleaning agents in powder form: 2.5%

e) special cleaning agents for dairies and the food industry: 10.0%

f) special cleaning agents for milk production and other industry: 2.5%

For concentrated detergents for professional use in closed systems with automatic dosage the limit values given in paragraphs a) to f) apply to the diluted solution.

The prohibition in paragraph a) does not apply to consumer laundry detergents, and from 1 January 2017 the prohibition in paragraph b) does not apply to consumer automatic dishwasher detergents. These detergents are regulated in the Detergent Regulation Article 4a and its Annex VI a. 

2-13 (Discontinued by Regulations of 29 November 2013 no. 1393).

2-14. Detergents – implementation of the Detergent Regulation

The EEA Agreement Annex II Chapter XV point 12u (Regulation (EC) No. 648/2004 as amended by Regulation (EC) No. 907/2006, Regulation (EC) No. 551/2009, Regulation (EC) No. 259/2012 and Regulation (EC) No. 1336/2008) on detergents shall apply as regulations with the adaptations that result from Annex II to the EEA Agreement, Protocol 1 to the Agreement and from the rest of the Agreement.

All labeling shall be in Norwegian.

Appendix VI to Chapter 2 of these regulations restates the EEA Agreement Annex II Chapter XV point 12u (Regulation (EC) No. 648/2004, Regulation (EC) No. 907/2006,  Regulation (EC) No. 551/2009, Regulation (EC) No. 259/2012 and Regulation (EC) No. 1336/2008)  as the Ministry of Climate and Environment interprets it. 

2-15. Heavy metals in packaging

It is prohibited to produce, import, export and make available on the market packaging in which the combined content of lead, cadmium, mercury and hexavalent chromium exceeds 100 mg/kg.

The prohibition does not apply to

a) packaging that only contains lead crystal glass as defined in customs tariff no. 70.13,

b) glass packaging where recycled glass material is used in production.

c) plastic crates and plastic pallets produced from recycled material originating from other plastic crates or plastic pallets.

"Packaging" here means all products that are used to contain, protect or deliver a product from manufacturer to user or consumer. Non-returnable articles used for the same purpose are also deemed to be packaging.

The prohibition in the first paragraph does not apply to containers for road, rail, sea and air transport. 

2-16 Batteries – scope and definitions

Sections 2-16, 2-17, 2-18 and 2-18a shall apply to all types of batteries, with the exception of batteries used in equipment manufactured exclusively for military purposes or equipment designed to be sent into space. Batteries built into appliances are included.

In sections 2-16, 2-17, 2-18, 2-18a and appendix I and II the following definitions shall apply:

a) Battery: source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable).

b) Portable battery: sealed battery that can be hand-carried and is neither an industrial battery nor a lead battery.

c) Industrial battery: battery designed exclusively for industrial or professional uses or used in any type of electrical vehicle.

d) Lead battery: battery containing lead that is used for automotive starter, lighting or ignition power in vehicles, and that is not an industrial battery.

e) Button cell: small round portable battery whose diameter is greater than its height and which is used for special purposes such as hearing aids, watches, small portable equipment and back-up power.

Appliance: electric or electronic equipment which is fully or partly powered by batteries or is capable of being so. 

2-17 Batteries – prohibitions

It is prohibited to manufacture, import, export or make available on the market

a) batteries that contain 5 ppm or more mercury. For button cells lawfully made available on the market prior to 1 October 2015 the limit is 2 weight percent mercury.

b) portable batteries that contain more than 20 ppm cadmium. The prohibition shall not apply to batteries intended for use in:

- emergency and alarm systems, including emergency lighting,

- medical equipment,

- cordless power tools lawfully made available on the market prior to 31 December 2016.

2-18 Batteries and appliances – labeling, construction and information

Producers or importers shall ensure that all batteries are labeled with

a) the crossed-out wheeled bin symbol as shown in annex I,

b) the chemical symbols Hg, Cd and Pb according to the instructions given in annex I; this applies for batteries and batteries built into appliances that contain more than 5 ppm mercury, 20 ppm cadmium or 40 ppm lead, respectively.

c) the battery's capacity according to section 2-18a.

The labeling shall be printed visibly, legibly and indelibly on the surface of the battery.

The producers or importers of appliances shall design the appliances in such a way that waste batteries can be readily removed. If the batteries cannot be readily removed by the end-user, the producers shall design the appliances in such a way that used batteries can be readily removed by qualified professionals independent of the producer.

Producers or importers of products in which batteries are incorporated are obliged to make sure that the products, when distributed, are accompanied by instructions on how the batteries can be removed safely by either the end-user or independent qualified professionals. Where appropriate, information about the type of battery incorporated shall be included. These provisions shall not apply where, for safety, performance, medical or data integrity reasons, continuity of power supply is necessary.

The costs of collection, treatment and recycling shall not be shown separately to end-users at the time of sale of batteries.

It is prohibited to sell batteries and appliances that do not comply with this section.

2-18a Capacity labeling of batteries – implementation of regulation (EU) no 1103/2010

The European economic agreement appendix II chapter XV no 12zzd (regulation (EU) no 1103/2010) regarding establishing, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, of rules as regards capacity labeling of portable secondary (rechargeable) and automotive batteries and accumulators shall apply as regulation with the adaptations that follow from appendix II chapter XV, protocol 1 to the agreement, and the agreement as such.

In appendix II to chapter 2 of the present regulation the European economic agreement appendix II chapter XV no 12w (commission regulation (EU) no 1103/2010) is referred in the way the Ministry of Climate and Environment understands this part of the European economic agreement with the adaptations that follow from appendix II chapter XV, protocol 1 to the agreement, and the agreement as such. 

2-19. Vehicles – phasing out of components, labelling and information obligation

It is prohibited to import vehicles produced after 1 July 2003 that contain lead, mercury, cadmium or hexavalent chromium for purposes other than those that are exempted in Appendix III to this Chapter. It is also prohibited to manufacture such vehicles from the same date.

In this Section "vehicles" means vehicles in groups M1 and N1 and three-wheeled motor vehicles that are not three-wheeled motorcycles, cf. the regulations of 4 October 1994 No. 918 regarding technical requirements and approval of vehicles, parts and equipment (the Motor Vehicle Regulations)

Those who produce or import vehicles with components and materials that are exempted from the prohibition in the first paragraph, cf. Appendix III to this Chapter, must label or in some other way identify these components and materials, which shall be removed for further handling when the vehicle is scrapped.

Those whose occupation is the production or import of vehicles must ensure that there are dismantling instructions for each type of new vehicle that is produced or imported, no later than six months after the vehicle is available for sale.

Those whose occupation is the production or import of components for vehicles shall provide dismantling instructions at the request of enterprises that handle scrapped vehicles.

"Dismantling instructions" means all information that is necessary for handling scrapped vehicles in an environmentally responsible manner, including information about the location of components or materials that contain hazardous substances and information about recycling.

Provisions regarding return schemes and handling of scrapped vehicles are included in the regulation of 1 June 2004 no. 930 regarding recycling and treatment of waste, Chapter 4. 

2-20 Quality of petrol and diesel fuel

Economic operators who import, blend, distribute or sell gasoline and diesel for use in motor vehicles, with or without biofuel blending, shall meet the quality requirements in Annex IV (Tables 1 and 2) to this chapter. Military use of jet fuel for the operation of ground equipment is  not covered.

Petrol is defined as all volatile mineral oils that can be used in internal combustion engines with controlled ignition for the propulsion of vehicles and to which the tax numbers 27.10.1231, 27.10.1232, 27.10.1233, 27.10.1241 and 27.10.1242 apply.

Diesel is defined as gas oils which can be used in motor vehicles, and gas oils for use in non-road machinery and agricultural tractors covered by tariff number 2710.19.41.

The requirements for petrol are given in Table 1 of Annex IV to this chapter. From 1 January 2009 the maximum sulfur content in gasoline shall  be 10 mg / kg.

For the use of gasoline in veteran vehicles a maximum lead content of 0.15 grams per. liter gasoline is permitted. Petrol shall also fulfill the requirement for benzene content as shown in Table 1 of Annex IV to this chapter. The sale shall not exceed 0.5 % of the total annual gasoline sales.

The requirements for diesel are given in Table 2 of Annex IV to this chapter. From 1 January 2009 the maximum sulfur content in diesel should be 10 mg / kg. Diesel for use in non-road machinery and agricultural tractors are excluded from the requirements in Table 2 of Annex IV to this chapter. The requirement of a maximum sulfur content of diesel fuel for use in non-road machinery and agricultural tractors shall be 10 mg/kg from 1 January 2009.

Fatty acid methyl ester (FAME) which is blended in diesel shall satisfy the requirements of NS EN 14214.

When the percentages of biofuels, blended in mineral oil derivatives, exceed 10 % by volume, it is required to be indicated at the sales points.  

Those responsible under first paragraph shall carry out fuel control under current CEN standards or in an equivalent manner. The fuel quality test shall be performed according to the requirements and analytical methods given in Tables 1 and 2 in Annex IV to this chapter.

Those responsible according to the first paragraph shall by 31 March every year report the results of the previous year's fuel control to the Norwegian Environment Agency (Miljødirektoratet).

0 Amended by regulations 9 January 2012 no. 23,15 March 2013 no. 284 (effective as of  1 July  2013), 11 September 2013 No. 1122 (effective 1 January 2014).

 

 Table 1- Requirements forpetrol

Parameter1

Unit

Limit2

   

Criterion

 

Research octane number (RON)

-

Min.

953

Motor octane number (MON)

-

Min.

855

Vapour pressure, summer period 4

kPa

Max

70.0

Distillation:

     

- percentage evaporated at 100 °C

% v/v?

Min.

46.0

- percentage evaporated at 150 °C

% v/v

Min.

75.0

Hydrocarbon analysis:

     

- olefins

% v/v

Max

18.05

- aromatics

% v/v

Max.

35.0

- benzene

% v/v

Max

1.0

Oxygen content

% m/m

Max

2.7

Oxygenates:

     

- methanol, suitable stabilising agents shall be added

% v/v

Max

3

- ethanol (stabilising agents can be added)

% v/v

Max

5

- Iso-propyl alcohol

% v/v

Max

10

- Tert-butyl alcohol

% v/v

Max

7

- Iso-butyl alcohol

% v/v

Max

10

- Ethers containing five or more carbon atoms per molecule

% v/v

Max

15

- Other oxygenates 6

% v/v

Max

10

Sulphur content

mg/kg

Max

10

Lead content

g/l

Max

0.005

 

0  Amended by regulations of 12 May 2005 no. 430, 24 March  2009 no. 351, 17 November 2011 no. 1113 (formerly Appendix IV to Chapter 3).

1  Test methods shall be in accordance with those specified in NS EN-228: 2004. A different method of analysis can be used if the accuracy and precision level is equivalent to that of the analytical method replaced.

2   The values quoted are "true values". In determining the limit values, the terms of ISO 4259 "Petroleum products - Determination and application of precision data in relation to methods of test " have been applied, and in determination of a minimum value a minimum difference of 2R above zero (R = reproducibility) has been applied. The results of individual measurements shall be interpreted on the basis of the criteria described in ISO 4259 (published in 1995).

3   This does not preclude gasoline with lower octane from being marketed. Research octane number, motor octane number should at least be respectively 91 and 81.

4  The summer period shall begin no later than 1 June and end no earlier than 31 August.

5  Except for regular unleaded gasoline (MON min. 81 / RON min. 91), wherein a maximum olefin content shall be up to 21.0% w / w.

6  Other monovalent alcohols and ethers with a final boiling point no higher than that stated in NS EN-228: 2004.

Table 2 - Requirements for diesel

Parameter1

Unit

Limit2

   

Criterion

 

Cetane number

-

Min.

510

Density at 15 °C

kg/m³

Max

845

Distillation:

     

- 95 % v/v recovered at

°C

Max

360

Polycyclic aromatic hydrocarbons (PAH)

% m/m

Max

11

Sulphur content

mg/kg

Max

10

 

0  Amended by regulations of 12 May 2005 No.. 430, 24 March  2009 no. 351, 17 November  2011 No.. 1113 (formerly Appendix IV to Chapter 3).

1  Test methods shall be those specified in EN-590: 2004. A different method of analysis can be used if the accuracy and precision level is equivalent to that of the analytical method replaced.

2   They values quoted are "true values". In determining the limit values, the terms of ISO 4259 "Petroleum products - Determination and application of precision data in relation to methods of test " have been applied and in the determination of a minimum value a minimum difference of 2R above zero (R = reproducibility) has been applied. The results of individual measurements shall be interpreted on the basis of the criteria described in ISO 4259 (published in 1995).

2-21. (Repealed 1 July 2013 by regulation nr. 811 of 26 June 2013.)

 

2-22. (Repealed 1 July 2013 by regulation nr. 811 of 26 June 2013.)

 

2-23. (Repealed 1 July 2013 by regulation nr. 811 of 26 June 2013.)

 

2-24. Volatile organic compounds (VOC) in paint and varnish products – scope and definitions

The provisions in Sections 2-24 to 2-26 apply to the paint and varnish products that appear in Appendix VII to this Chapter, paragraph 1.

In Sections 2-24 to 2-26 and in Appendix I:

a) Volatile organic compounds (VOC): means volatile organic compounds with a boiling point less than or equal to 250 °C measured at normal pressure of 101.3 kPa.

b) VOC content: means the quantity of VOCs expressed in grams per litre (g/l) in the formulation of the product in its ready for use condition. The mass of VOCs that react chemically during drying to form part of the surface coating is not included as part of the VOC content of the product.

c) Organic solvent: means VOCs that are used alone or together with other substances for dissolving or diluting, or that are used as a cleaning agent, dispersant, viscosity or surface tension adjusting agent or as a plasticiser or preservative.

d) Coating: means products that are used to provide a film of decorative, protective or other functional effect on a surface and that contain organic solvents that are necessary in order for the product to be applied correctly.

e) Film: means a continuous layer resulting from the application of one or more coats onto a surface.

f) Layer: means coat or layer.

2-25. Volatile organic compounds (VOC) in paint and varnish products – requirements for VOC content, labelling etc.

It is prohibited to produce, import, export and make available on the market paint and varnish products that are listed in Appendix VII paragraph 1 if the VOC content is higher than that stated in Appendix VII paragraph 2. The prohibition applies from the dates that are stated in the Appendix. In order to determine whether the limit values have been complied with, the analysis methods as stated in Appendix VII paragraph 3 shall be used.

The prohibition does not apply to paint and varnish products exclusively for use in industry that are covered by the regulations of 1 June 2004 No. 931 regarding the limitation of pollution, Chapter 9, cf. Directive 1999/13/EC.

The prohibition does not apply to the production of paint and varnish products intended for the restoration and maintenance of fixed or moveable cultural heritage objects. The Norwegian Environment Agency or a person or body authorised by the Ministry of Climate and Environment can in an individual decision give permission for the sale of a limited quantity of such paint and varnish products for use on specified cultural heritage objects.

For paint and varnish products that are listed in Appendix VII paragraph 1, the packaging shall, in addition to the health, environmental, fire and explosion hazard labelling required by regulations, also be labelled with an easily read and permanent text in Norwegian giving information on

a) the product's sub-category and the relevant VOC limit values in g/l cf. Appendix VII paragraph 2

b) the maximum VOC content in g/l in the product in its ready for use condition. 

2-26. Volatile organic compounds (VOC) in paint and varnish products – transitional rules

Paint and varnish products produced before the limit values in Appendix VII paragraph 2 came into force may be sold for up to one year after the relevant date of entry into force, even though the limit values and the labelling requirements have not been complied with. 

2-27. Sulphur content of marine fuel

It is prohibited to produce, import and make available on the market marine diesel oil containing more than 1.50 per cent by weight of sulphur, if this is intended for combustion on board sea-going vessels.

It is prohibited to produce, import and make available on the market marine gas oil containing more than 0.10 per cent by weight of sulphur, if this is intended for combustion on board sea-going vessels.

This provision does not apply to the production, import or sale of marine fuel for export in cargo tanks on board sea-going vessels.

"Marine fuel" means any petroleum-based liquid fuel designed for use on board vessels, including the fuel defined in ISO 8217.

"Marine diesel oil" means any marine fuel as defined for DMB grad in Table I in ISO 8217 with the exception of the reference to the sulphur content.

"Marine gas oil" means any marine fuel as defined for DMX, DMA or DMZ quality in Table I in ISO 8217 with the exception of the reference to the sulphur content. 

2-28. (Repealed by regulation nr.1015 of 21 August 2013)

2-29. Antifreeze containing ethylene glycol

Antifreeze containing ethylene glycol that is produced, imported, exported or sold for private use shall have a bitter taste added in a concentration that prevents the product from being drunk.

2-30. Substances, preparations and products that are covered by Annex XVII of the REACH Regulation

It is prohibited to export substances, preparations or products that, according to Annex XVII of the REACH Regulation, are not permitted to be offered for sale, cf. the regulations of 30 May 2008 No. 516 on the registration, evaluation, authorisation and restriction of chemicals (the REACH regulations).

The prohibition does not apply to substances, preparations or products that are regulated by the following entries in Annex XVII to the REACH Regulation:

  Entry: Name:

a) entry 2 Chloroethene (vinyl chloride)

b) entry 3 no. 1, 2 and 4-7 Hazardous substances

c) entry 9-11 Joke and hoax products

d) entry 20 no. 4-6 Organostannic compounds

e) entry 28-30 Toxic substances

f) entry 41 Hexachlorethane

g) entry 47 Chromium (VI) compounds

h)

i) entry 54 DEGME

j) entry 55 DEGBE

k) entry 56 MDI

l) entry 57 Cyclohexane

m) entry 58 Ammonium nitrate

n) entry 59 Dichloromethane

o) entry 60 Acrylamide

p) entry 61 Dimethylfumarate

q) entry 62 Lead in jewellery articles

In this provision "export" means export from Norway to countries outside the EEA.

2-31. Products containing asbestos – exemptions from the prohibition in entry 6 of Annex XVII to the REACH Regulation

The prohibition on offering for sale products that contain asbestos fibre in entry 6 no. 1 of Annex XVII to the REACH Regulation, cf. regulations of 30 May 2008 No. 516 on the registration, evaluation, authorisation and restriction of chemicals (the REACH regulations) does not apply to the following products in their entirety if they came into use before 1 January 2005, provided that the asbestos fibres cannot be liberated into their surroundings in normal use:

a) houses and other buildings,

b) vehicles that are approved under the currently prevailing version of the regulations of 4 October 1994 No. 918 regarding technical requirements and approval of vehicles, parts and equipment,

c) aircraft registered in the Aircraft Register pursuant to Act of 11 June 1993 No. 101 relating to aviation,

d) vessels registered in the Shipping Register pursuant to the Norwegian Maritime Code of 24 June 1994 No. 39 on shipping or the Norwegian International Ship Register pursuant to Act of 12 June 1987 No. 48 relating to the Norwegian International Ship Register or

e) rolling stock for use on railways, including tramways, underground railways, suburban lines and similar forms of rail transport. 

2-32. Consumer products containing perfluorooctanoic acid

From 1 June 2014, it is prohibited to manufacture, import, export and make available on the market textiles, carpets and other coated consumer products that contain perfluorooctanoic acid (PFOA) and individual salts and esters of PFOA (CAS nr. 335-67-1, 3825-26-1, 335-95-5, 2395-00-8, 335-93-3, 335-66-0, 376-27-2, 3108-24-5), when the content of the substance in the product's individual parts is greater than or equal to 1 µg/m2. Individual parts comprise the materials of which the product is manufactured, and the product's individual components.

From 1 June 2014, it is prohibited to manufacture, import, export and make available on the market consumer products that contain perfluorooctanoic acid (PFOA) and individual salts and esters of PFOA (CAS nr. 335-67-1, 3825-26-1, 335-95-5, 2395-00-8, 335-93-3, 335-66-0, 376-27-2, 3108-24-5), when the content of the substance in the product's individual parts is greater than or equal to 0.1 weight percent.

The prohibitions on manufacture and export will not apply until 1 January 2016 to:

a) adhesives, foil or tape in semiconductors,

b) photographic coatings for film, paper or printing plate.

The prohibitions on import and sale will not apply until 1 January 2018 to products for which it can be documented that the manufacture took place prior to the prohibitions in paragraphs 1 to 2, cf. paragraph 3 came into force.

The above prohibitions do not apply to food packaging, food contact materials and medical devices. The prohibitions shall not apply to spare parts for consumer products made available for sale prior to 1 June 2014.

For consumer products, this section shall prevail over other provisions of this regulation.

2-33 N-nitrosamines and N-nitrosamine forming compounds in pacifiers

It is prohibited to manufacture, import, export, and make available on the market pacifiers that are made of elastomers or rubber if the parts of the pacifier produced by elastomers or rubber emit more than 0.01 mg N-nitrosamines/kg material, or 0.1 mg N-nitrosamine forming compounds/kg material to a liquid used in leak testing (saliva test liquid) in accordance with Annex VIII to this chapter.

Supervision and analytical control of this provision shall be executed in accordance with Annex VIII of this chapter.