4. The Norwegian legal regime
The relevant Norwegian rules are in the Pollution Act (Act 6/1981). Mr. A was sentenced for breach of Section 79 Subsection 3:
“With fines or imprisonment up to 2 years is sentenced he who deliberately or negligently imports or exports waste contrary to the rules on cross border forwarding of waste in regulations based on Sections 31 to 32.”
Pursuant to Section 31 of the Pollution Act, we have Regulations on Waste (Regulation 930/2004), that in Section 13‑1 – with the title “rules on cross border forwarding of waste – states in Subsections 1 and 3:
“The EØS-agreement Attachment XX No 32c (Regulation (EU) No 1013/2006 … on shipments of waste is applicable as a [Norwegian] Regulation with amendments and supplements according to Attachment XX, Protocol I to the Agreement and the Agreement in other respects.
…
For shipments of waste according to Article 37 of (EC) No 1013/2006 to countries that do not follow OECD Decision C (9239) [as amended], Regulation (EU) No 1418/2007 [as amended] applies.”