WORLD TRADE
ORGANIZATIONGPA/53
18 June 2001
(01-3020)
Committee on Government Procurement Original:  English
REVIEW OF NATIONAL IMPLEMENTING LEGISLATION
NORWAY
The present document reproduces the questions put to the delegation of Norway, the
responses given and the comments made during the review of national implementing legislation at the
Committee's meetings of 8 March and 29 September 2000.1   Norway's notification of its national
implementing legislation in accordance with the Committee decision in GPA/1/Add.1 has been
circulated in documents GPA/10, dated 10 January 1997.
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REPLIES TO THE QUESTIONS FROM CANADA AND THE UNITED STATES
I. IMPLEMENTING LEGISLATION
Question from Canada
In Norway's Notification of National Implementing Legislation - GPA/10, we have been
unable to locate any reference to the implementa tion of Norway's Notes 10, 11 and 12 to Norway's
General Notes in Appendix I of the GPA.  What pr ocedures are being used by Norway to implement
these notes?  Please provide data on the number and value of procurements that have been excluded
from the provisions of the Agreement as a result of these notes since the inception of the Agreement.
Notes 10, 11 and 12 have been implemented through various general provisions found in
legislation in force prior to the enactment of the Act of 27 November 1992 no. 116 on Government
Procurement.
More specifically, Note 10 must be read in the context of Section 11 of the Royal Decree of
17 May 1972, as last amended by the Royal Decree of 7 October 1988 relating to "Instructions
regarding security".  Its Section 11 restricts access to certain classified documents to persons who are
duly authorized for such access.
Note 11 is implemented through Section 3 of the Act of 27 November 1992 no. 116 on
Government Procurement, which empowers the King in Council of State (i.e. the Norwegian cabinet)
to make decisions as mentioned in Note 11.
Note 12 is implemented through the Act of 17 July 1925 relating to Spitzbergen.  From
Section 2, second paragraph read in conjunction with the first paragraph, it follows directly that
statutory provisions of an administrative na ture do not apply to Svalbard.  Moreover, in
paragraph 10.3.5 of the Proposition to the Storting no. 65 (1993-94) on the Ratification of the
                                                     
1 The minutes of these meetings have been circulated in documents GPA /M/13 and 14.GPA/53
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Agreement establishing the World Trade Organization, it is specifically stated that the provisions of
the Act of 27 November 1992 no. 116 on Government Procurement shall not apply to Svalbard.
We have not been able to quantify the value or the number of procurement cases exempted
under Notes 10 and 12.  No exemptions have been made under Note 11.
II. NON-DISCRIMINATION
Question from the United States
In the section Summary of the Norwegian Legislation on Public Procurement  from
Norway's Notification of National Implementing Legisl ation (GPA/10), it is stated that the Regulation
of Procurement Procedures of Entities Operating in the Water, Energy, Transport andTelecommunications Sectors (the "Utilities Sector  Regulation") has been "transposed into national
legislation".
2  However, Article 36:2 and Article 36:3 of the Utilities Sector Regulation call for
discrimination against countries other than the Contracting Parties to the EEA Agreement (as
amended by Annex XVI of the EEA Agreement).
To what extent does Norway apply Article 36 of the Utilities Sector Regulation in
procurements in the Water, Energy, Transport and Telecommunications sectors?  To what extent does
paragraph "n" of the Sectoral Adaptations of the Utilities Sector Regulation in Annex XVI of the EEA
Agreement, which indicates that "the operation of paragraph (3) [of Article 36] is without prejudice
to the existing degree of liberalization towards third countries" and that "[t]he application of thisregime will be jointly reviewed during 1996", effect  Norway's application of Article 36 of the Utilities
Sector Regulation?
Article 36 allows discrimination against third countries.  However, it is explicitly stated in the
Norwegian transposition to the Agreement, that discrimination can only take place as long as this doesnot violate other international agreements.  When the WTO Agreement on Government Procurement
applies, suppliers and service providers from Parties to the Agreement on Government Procurement
cannot be discriminated against.
III. PROCUREMENT PROCEDURES
Question from the United States
Section 5 of Procurement Procedures to be Used  from Norway's Notification of National
Implementing Legislation (GPA/10) states that time -limits are calculated from the day the notice is
sent by the procuring entity and that it takes up to 12 days to publish them in the Official Journal.
Please explain if the time-limit for the submission of bids for GPA covered contracts is calculated
from the date the notice is sent by the procuring entity, or the date of publication in the OfficialJournal.
In national legislation, time-limits are calculated from the day the notice is sent by the
procuring entity.  The time-limit in the national legislation is 12 days longer than in the Agreement on
Government Procurement, i.e. the rules concerning time-limits in the national legislation are inconformity with the Agreement on Government Procurement.
                                                     
2 In addition, the Utilities Regulation was cited under the "Answers to the Checklist of Issues" as the
basis for non-discrimination commitments.GPA/53
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IV. TECHNICAL SPECIFICATIONS
Question from Canada
Under the heading "Rules on The Use of Technical Specifications", it is stated that "It is not
compulsory to use technical specifications".  If no technical specifications are used, how is the natureof the requirement made known to potential suppliers?
Buyers are allowed either to specify according to technical standards or according to function.
If the buyers specify according to function, the bidders are allowed to offer different and possibly
innovative technical solutions, which in many cases may lead to the most efficient solution.
V. BID CHALLENGE PROCEDURES
Question from the United States
The description of the three types of sanctions available in the Review Procedures and
Sanctions section of the Answers to the Checklist of Issues  of Norway's Notification of National
Implementing Legislation (GPA/10), appears to indicate that remedies are not available after thecontract has been awarded.  Please describe what possible remedies, if any, are available to suppliers
protesting alleged breaches of the rules following the award of a contract.
If the rules following a procurement process have been violated, a supplier can complain and
get economic compensation for the damages incurred by the violation.  Following the award of thecontract general Norwegian contract law applies, including the principle of recovery of losses.
Question from the United States
Within the Answers to the Checklist of Issues , Challenge Procedures, of Norway's
Notification of National Implementing Legislation (GPA/10), it is stated that there are no special
time-limits to launch a complaint in domestic legislation in the area of public procurement.  Please
explain if this means that a complaint can be launched at any time.
Procurement cases are handled by the civil court system and rules of civil procedures apply.
The general rule of expiration of claims is three years.  This also applies to procurement complaints,
i.e. remedies are available also after a contract has been awarded.
Question from Canada
In Section 4(I)(14)(i), which refers to the time-limit to launch a complaint, it is stated that
"There are no special time-limits in the area of public procurement".  Please elaborate on thisstatement.  If there are no time-limits, how ar e bid challenges determined to be "timely"?
Complaints in procurement cases are handled by civil courts, where the general rules of civil
procedure apply.  There are no special statues of limitations in procurement cases.  The general statute
of limitations, which is normally three years, therefore also applies to procurement complaints.  Theexact timing of a bid challenge may, however, influence remedies available.GPA/53
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Question from Canada
Please provide detail on how members are selected to the national Court of Justice and how
procurement complaints are heard by the Court of Justice.  In the event that a party is not satisfied
with the decision regarding a procurement complaint that has been made by the Court of Justice,
what is the route of appeal?
Procurement cases are handled by the civil court system under the general rules of civil
procedure, administered by independent judges appointed by the King in Council of State.  A party
that is not satisfied with a court decision, may appeal to a higher court, and again, if the case is of
sufficient legal or economic interest, to the Supreme Court.
Question from Canada
In Section 4(I)(14)(ii) it is stated that "A  complaint about formal faults in a tendering
procedure may be brought before a national Court of Justice".  Please elaborate on what is
considered to be a "formal" fault.  What is the procedure for dealing with less formal faults orperceived faults in a tendering procedure?
Any alleged non-compliance with any rules on public procurement may serve as a basis for a
complaint.  There is no legal distinction between formal and less formal faults, and it will be up to the
court to decide on remedies.
Question from Canada
With regard to Section 4(I)(14)(vii), is it necessary for a complainant to be represented by
legal counsel in order to conduct a challenge procedure?
It is not necessary for a complainant to be represented by legal counsel in order to conduct a
challenge procedure, as a party is free to represent oneself, except before the Supreme Court.
However, in practice, most complainants will choose to be represented by legal counsel.
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