WR ESG Alert: The Norwegian Government passes Food Loss Act and Marine Protection Act, the EFTA Court issues landmark advisory opinion and more

In addition to this, we also give a brief overview of the first-of-its-kind international convention on the protection of the environment through criminal Law, adopted by the Council of Europe. Lastly, we highlight the European Commission's proposed additional simplifications to the CSRD. 

Norway's New Food Loss Act (Norwegian)

On 2 June 2025, the Food Loss Act (“Matsvinnloven”) was passed by the Norwegian Parliament, aiming at the prevention and reduction of food waste. The purpose of the Act is to advance the efficient utilisation of food resources by preventing the removal of food from the value chain. 

The law imposes a duty of due diligence and requires the implementation of measures to prevent and reduce food waste. Regarding perishable foods that have a limited shelf life, the law mandates the application of price reduction measures, which must be actively promoted. 

The Act will apply to all entities involved in the production, distribution, or serving of food products in Norway, encompassing both public and private sectors. This includes government agencies, municipalities, county authorities, and other legal persons. Initially, the law’s requirements will apply to larger operators, with the possibility of expanding the scope to include additional actors based on the experience gained. The specific limitations and details in this regard will be established through regulations. 

In general, supplementary regulations will be established to further detail and support the provisions of the Act. Further, the Government will determine the date of entry into force of the Act. 

Norway 's New Marine Protection Act

On 26 May 2025, the Norwegian parliament passed the Marine Protection Act ("Havvernloven"), protecting marine ecosystems in Norwegian waters outside territorial waters. It enters into force on January 1, 2026, and applies to Norwegian 200-mile zones (EEZ) and the Norwegian continental shelf. The purpose of the Act is to conserve marine ecosystems and biodiversity, ensure sustainable use of marine resources, protect vulnerable and endangered marine species and habitats, and facilitate research and knowledge gathering. The Act thus fills a previous regulatory vacuum, as there was no legal basis for establishing marine protected areas outside the territorial waters prior to the adoption of this Act.

The Act authorises the establishment of marine protected areas with varying degrees of protection, from total protection to regulated use. For maritime industries, the provision in Section 11 will be particularly relevant: Section 11 authorises the authorities to reject applications for measures in areas that are covered by an announced protection proposal, if the measure is contrary to the protection purpose. The Ministry may nevertheless grant permission when safety considerations or significant public interests make it necessary.

Significant advisory opinion by the EFTA Court (Norwegian)

On 21 May 2025, the EFTA Court clarified the interpretation of the EIA Directive (2011/92/EU as amended by 2014/52/EU), following a reference from the Borgarting Court of Appeal ("Borgarting lagmannsrett") in a case between the Norwegian Government and Greenpeace Nordic and Nature and Youth Norway about the validity of consents for three petroleum and gas projects in the North Sea.

The Court found that greenhouse gas emissions from combustion of extracted petroleum and gas extracted from the project and sold to third parties are considered "effects" under the EIA Directive. It further held that national courts must, as far as possible under national law, eliminate the consequences of an unlawful development consent granted without a full environmental impact assessment, and cannot retroactively dispense with this requirement. This is the first advisory opinion at EU and EEA level confirming that combustion emissions may fall within the EIA Directive. The decision also indicates that, pursuant to EEA law, certain breaches of the EIA Directive must affect the validity of administrative decisions, regardless of the assessment under Section 41 of the Norwegian Public Administration Act ("Forvaltningsloven"). Otherwise, the purpose of the EIA Directive would be undermined, the Court argued. 

Commission announces "quick-fix" for Wave One 

On 13 May 2025, during a public hearing in the Legal Affairs Committee of the European Parliament, it was announced that the European Commission expects to adopt a “quick-fix” delegated act to reduce CSRD reporting obligations for Wave One companies, which consist primarily of large public-interest entities with over 500 employees. The proposed amendment would revise the European Sustainability Reporting Standards (ESRS) to ensure that companies required to report for the financial year 2024 will not have to provide additional information when reporting for the financial years 2025 and 2026.

Omnibus IV: Changes to Batteries and F-gas regulations

On 21 May 2025, the Commission published the Omnibus IV package. The Omnibus IV includes, among other things, proposed changes to the Batteries Regulation 2023 ((EU) 2023/1542) and the F-gas Regulation 2024 ((EU) 2024/573). In particular, the Commission is proposing to make the following changes to the Batteries Regulation and F-gas Regulation: 

• A two-year delay of application of the due diligence obligations in the Batteries Directive, from 18 August 2025 to 18 August 2027.
  • Delay the deadline for the Commission to publish guidance on the Batteries regulation, from 18 February 2025 to 26 July 2026.
  • Expand the exemption from the due diligence requirements under the Batteries Regulation to also apply to companies with a net annual turnover of less than EUR 150 million. Currently, only companies with a net annual turnover of less than EUR 40 million are exempt.
  • Limit F-gas Portal registration under the F-gas Regulation to importers that exceed certain annual F-gas thresholds, and to exporters of specific products and equipment containing highly warming F-gases that are prohibited in the EU and subject to export restrictions.

On 23 May 2025, the Commission also launched a consultation on the Batteries Due Dilligence proposal. Feedback can be submitted until 22 July 2025. 

Note: The Batteries Regulation is not yet implemented into Norwegian law; however, Norwegian authorities plan to do so through a new national regulation. As of June 2025, the F-gas Regulation is under consideration by the EFTA States. Norway has assessed the regulation as EEA-relevant, but with a need for adaptations.

First international convention on protection of environment through criminal law

On May 14 2025, the Council of Europe's Committee of Ministers adopted a first-of-its-kind Convention on the Protection of the Environment through Criminal Law (the "Convention"). The Convention, which must be implemented by the Council of Europe's Member States, hereunder Norway, is the first legally binding international instrument to specifically target environmental crime. Specifically, it requires Member States to establish 25 environmental crimes, such as unlawful pollution, unlawful management of hazardous waste, unlawful destruction or trade in wild fauna and flora and unlawful deterioration of protected habitats. The drafting of the Convention was guided by the revised EU Environmental Crime Directive ((EU) 2024/1203), which as of June 2025 is under consideration by the EFTA States. 

Note: The Council of Europe is an international organisation distinct from the European Union. It is best known for adopting the European Convention on Human Rights and establishing its associated judicial body, the European Court of Human Rights.

Country risk classifications and proposed simplifications of the EU Deforestation Regulation

On 22 May 2025, the European Commission adopted an Implementing Regulation providing a country classification system under the EU Deforestation Regulation. Countries are classified as either "high risk" (encompassing Russia, North Korea, Myanmar and Belarus), "standard risk" (including Brazil, Malaysia and Indonesia) and "low risk" (covering, amongst others, all EU Member States, the U.S., the UK, Canada, China, Japan and Australia). The risk classification determines the scope of importers' and traders' due diligence obligations under the Deforestation Regulation. While the trading of relevant products or commodities from high-risk countries call for strengthened risk assessments and mitigation measures, companies do not (as a starting point) need to perform risk assessments or adopt risk mitigation measures if the products or commodities have been produced in low-risk countries.

The country classification came after the EU Commission, on 15 April 2025, published an updated guidance document, an updated FAQ document and a draft Delegated Act, introducing certain simplifications of the requirements under the Deforestation Regulation.