Norway WT/TPR/S/269/Rev.1 
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  III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) INTRODUCTION  
1. The Norwegian Customs and Excise Service (To llvesenet), an autonomous agency under the 
Ministry of Finance, is responsible for ensuring th at goods do not enter or leave Norway illegally, and 
that goods cleared through customs are subject to  timely and accurate payment of all established 
duties and taxes.  The service comprises a central  unit and six regional customs offices, together 
employing just below 2,000 people.   
2. Parliament adopted a new Customs Duty and Movement of Goods Act in December 2007.  
The Act, together with the Regulations No. 1502 to the Act on Customs Duties and Movement of 
Goods (Customs Regulations) of 17 December 2008, entered into force on 1 January 2009, replacing 
the Customs Act of 1966 and the Customs Regulati ons of 1967.  The new Act did not establish new 
substantive requirements, but primarily constituted a technical revision to obtain a better structure of 
the customs regulations.  It consolidated the existi ng legislation, rules and procedures in conformity 
with international customs treaties to which Norway is bound.1  For imports, the Customs Act and the 
Customs Regulations are supplemented by miscella neous other acts and regulations pertaining to 
taxation or requirements for specific goods, e.g. SPS measures, marking and labelling of tobacco 
products, and recycling and treatment of waste.   
(2) MEASURES DIRECTLY AFFECTING IMPORTS  
(i) Import procedures and requirements 
3. The establishment of any legal business in No rway, domestic or foreign-owned, requires 
registration with the National Register of Business Enterprises (Foretaksregisteret).  Norway does not 
maintain any general registration requirements fo r importers (or exporters ), but importers (or 
exporters) of certain goods must be registered prio r to importation.  Thus, the Norwegian Food Safety 
Authority (Mattilsynet) maintains lists of approved establishments for the importation or exportation 
of, for example, pesticides, animal feed, certain f ood and food products, fish and fish products, animal 
by-products, and wood and wood packaging material s.  An importer of alcoholic beverages for 
commercial purposes needs to be registered with the customs authorities or to have a permit or licence 
issued by the health authorities.2  All producers or importers of technical ethanol must be registered 
with the customs authorities pursuant to Regulation No. 451 (Excise Tax) of 11 December 2001.  Importers of weapons must be re gistered with the police.   
4. Like other EFTA states and EU members, Norway uses the single administrative document 
(SAD) for customs clearance.  The document may be  accompanied by an invoice, a bill of lading or 
transport document, a certificate of origin (if preferential treatment is requested), and an import licence or certificate when require d.  The Norwegian Customs and Ex cise Service cooperates with the 
customs services of other European countries within the EFTA/EU framework, notably in the 
                                                      
1 The Customs Act (in English).  Viewed at:  ht tp://www.toll.no/upload/Lov_Forskrift/Customs_Duty_ 
and_Movement_of_Goods_Act.pdf;  and the Customs Regul ations.  Viewed at:  http://www.toll.no/upload/Lov_ 
Forskrift/Regulations_to_the_Act_on_Customs_Duties_and_Movement_of_Goods_Curstoms_Regulations.pdf.  
For a list of other relevant rules and regulations (in Norwegian), see www.toll.no/templates_TAD/Category. aspx?id=54&epslanguage=no    
2 Registration refers to alcoholic beverages above 2.5% alcohol volume, and concerns primarily hotels 
and restaurants importing alcohol on an ad hoc basis.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 26 
  
  verification of origin, and has signed 20 custom s agreements on exchange of information in 
connection with customs controls.   
5. Due to the implementation of common customs s ecurity measures and further to Protocol 10 
of the EEA Agreement and the implementing provisi ons of the Customs Code of the EU (Regulation 
(EC) No. 648/2005), an advance electronic summary declaration ("forh åndsvarsel") became 
mandatory for all movements of goods between Norway and third countries from 1 January 2011.3  
The transporter, which is responsib le for submitting the summary declaration, lodges the required data 
with the Norwegian customs authorities in th e new computerized transit system (NCTS).4  Norway 
has concluded an agreement with the EU waiving the summary declaration obligation in mutual trade.  
In return, Norway has introduced the EU-system of  authorized economic operators, whereby traders 
are screened and certified by the Norwegian Cu stoms and Excise Service for customs security 
purposes.5  Certain goods are exempt from the summary d eclaration requirement, e.g. electric energy, 
goods transported via pipelines, travellers' luggage , goods destined for diplomatic missions, military 
equipment.6   
6. Norway introduced electronic customs clear ance according to the UN/EDIFACT standard 
in 1988, and the system was fully operational throughout Norway by March 1992.  All import and 
export declarations have been handled by the electronic TVINN (TollVesenets Informasjonssystem 
med Nӕringslivet) system since 1 October 1994.  Approximately 96% of electronic declarations are 
entered into the system directly by customs agents, importers, and exporters.7  The remaining 4% are 
submitted manually, for example by individuals impor ting goods for personal use,  and then keyed into 
the system by customs officers.8  TVINN is normally accessible round-the-clock.  The TVINN-system 
handled just over 6 million import/export declarations in  2010;  nearly 80% were  import declarations.   
7. TVINN verifies automatically that the entered tariff line exists, the corresponding tariff rate, 
and whether licences or permits have been referenced , if necessary.  An error message is generated if 
mistakes are detected, and a corrected electronic declaration must be re-entered.  The customs 
authority decides whether the decl aration is accepted without furthe r examination, in which case 
customs clearance will have been completed within 3-5 minutes, or the declaration is set aside for 
manual treatment.  Approxi mately 10% of electronic declarations are subject to manual verification of 
                                                      
3 The summary declaration procedure was applied on a voluntary basis from 1 July 2009 until the end 
of 2010.   
4 The data to be provided is listed in Annex 30A of Regulation (EC) No. 648/2005.  Summary 
declarations for goods entering or leaving for non-EEA coun tries are subject to the same deadlines as in the EU.  
If goods are shipped from Norway to a third country th ough the EU, the summary declaration will need to be 
lodged in the EU member state from where the goods leave for the third co untry, as no system has yet been set 
up for the exchange of security data be tween Norway and EU member states.   
5 EEA Agreement, Protocol 10.  The Norwegian Customs and Excise Service began the authorization 
of traders (AEO) in March 2009, and 27 operators had been certified by end-April 2012.  The AEO scheme is 
voluntary.  However, authorized operators may benefi t from streamlined security controls.  The customs 
administration levies no fees or charges for the authorization process.   
6 Customs Regulations, Article 3.1(2).  
7 Access to TVINN requires a NODI-number issued by NorStella (a non-profit organization promoting 
the use of open international standards in electronic interchanges);  connection through a network operator 
accepted by the customs authority;  and software compatible  with TVINN.  An application may be forwarded to 
the regional customs authority, which will issue a custom s identification number.  NorStella charges an annual 
fee of NKr 650 for the use of its ID-number.  The initia l assignment of a NODI-number is free of charge for its 
members, while non-members pay NKr 1,100.   
8 Goods valued at less than NKr 200 do not require formal customs clearance.   Norway WT/TPR/S/269/Rev.1 
 Page 27 
 
 
  documentation, but substantially fewer consi gnments are subject to physical inspection.9  T h e  
Norwegian Customs and Excise Service carried out approximately 185,000 checks in 2010, 
identifying 159 serious contraventions and atte mpted evasion of taxes and duties on goods worth 
some NKr 1.1 billion.10   
8. The Norwegian Customs and Excise Service h as adopted the EU/EMARS system, Safe Sea 
Net, for the reporting of shipping information to Cu stoms.  The system is open to ship agencies or 
other enterprises reporting to the customs authoriti es on behalf of the master of the vessel.   
9. As a general rule, goods are not  released from Customs until all taxes and duties have been 
settled.  However, forwarding agents and traders importing goods in their own name may apply for 
"credit status" with the Norwegian Customs and Ex cise Service.  About 74% of the importers of 
goods had credit status in 2011.  Credit status allo ws for the accumulation of all due taxes and import 
duties into a single monthly payment, to be effected by the 18th day of the following month.11  The 
credit is not subject to the payment of interest, but a charge of NKr 47 is applied to every debit entry 
in the customs duty account.  Customs clearance is otherwise free of charge.   
(ii) Ordinary customs duties 
10. The Norwegian Customs Tariff applied in 2012 is based on the HS2012 classification, 
containing 7,207 tariff lines at the eight-digit level.12  Norway has bound its entire tariff schedule 
(Table III.1).  However, while the simple averag e bound tariff for non-agri cultural products (WTO 
definition) is 3.3%, the corresponding average for agri cultural products is 142.8% (Table III.2).  The 
peak bound rates for manufactured goods, which are found in textiles and clothing, range from 11% to 
14%;  however, the bound rates for agricultu ral tariff lines are typically expressed as an ad valorem  or 
a specific rate, whichever is higher.  As import prices fluctuate, the ad valorem  equivalents (AVEs) of 
the specific rates will vary.  However, compari ng the average bound rates in agricultural subsectors 
in 2012 to the data set for 2008, the averages have been relatively stable in key sectors, nevertheless 
exceeding 300% for live animals, meat , and dairy, and 200% for cereals.13   
11. Norway's applied MFN tariff mirrors the pattern in the Goods Schedule.  As the applied MFN 
duty has been reduced to zero for more than 95% of  non-agricultural tariff lines, tariffs are at present 
applicable only to clothing, and to a limited exte nt to textiles (33 items) and some fish and fish 
products when used for animal feed (9 items).  All other industrial products enter free of duty, 
irrespective of origin.   
                                                      
9 Some 10,000 consignments were subject to physical inspection in 2010.   
10 Norwegian Customs and Excise Service (2010).  The additional duties and taxes levied as a result of 
these controls exceeded NKr 260 million (substantially less than in 2009, despite a so mewhat larger number of 
audits).   
11 Payment may thus be postponed until the 48th day.  The credit option is only available for 
declarations submitted through TVINN, and TVINN will su spend the treatment of further declarations if a pre-
determined credit limit is exceeded.   
12 The seventh digit mostly reflects Norway's customs duty rates as bound in the WTO, and the eight 
digit is applied for statistical purposes or to identify goods subject to special fees or specific import or export 
regulations.   
13 In calculating the bound rate , the Secretariat has used th e higher of the AVE or the ad valorem  rate 
for each line;  normally, this will be the ad valorem  rate.  For tariff lines with no AVE (e.g. no trade), the 
ad valorem  rate has been used.  The incidence of tariff lines  with no trade is quite significant for live animals 
and meat, vegetable oils and fats, and cereals.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 28 
  
  Table III.1 
Structure of MFN tariffs, 2012  
(%) 
2012 
1.   Bound tariff lines (% of all tariff lines) 100 
2. Simple average tariff rate 7.5 
Agricultural products (WTO definition) 40.9 
Non-agricultural products (WTO definition) 0.5 
Agriculture, hunting, forestry and fishing (ISIC 1) 28.2 
Mining and quarrying (ISIC 2) 0.0 
Manufacturing (ISIC 3) 5.8 
3.   Duty-free tariff lines (% of all tariff lines) 83.5 
4.   Simple average rate of dutiable lines only 54.7 
5.   Tariff quotas (% of all tariff lines) 0.4 
6. Non- ad valorem  tariffs (% of all tariff lines) 11.4 
7.   Non- ad valorem  tariffs with no AVEs (% of all tariff lines) 3.1 
8.   Domestic tariff peaks (% of all tariff lines)a 5.9 
9. International tariff peaks (% of all tariff lines)b 6.6 
10. Overall standard deviation of applied rates 35.0 
11. Nuisance applied rates (% of all tariff lines)c 1.1 
a Domestic tariff peaks are defined as those exceeding three ti mes the overall simple average applied rate (indicator 6). 
b International tariff peaks are defined as those exceeding 15%. 
c Nuisance rates are those greater than zero, but less than or equal to 2%. 
Note: All tariff calculations exclude in-quota lines.  The 2012 tariff is based on HS12 nomencla ture consisting of 7,207 tariff  lines (at 
8-digit tariff line level).  Ad valorem  equivalents (AVEs) were estimated based on Norway's 2010 import data at the 8-digit level 
and information provide d by the authorities. 
 However, some AVEs could not be esti mated, hence around 3% of total lines have  been considered as empty (no rate). 
 The simple average tariff rate without AVEs is 2.14%.  
Source:  WTO Secretariat calculations , based on data provided by the Norwegian authorities. 
Table  III.2 
Tariff summary, 2012 
 Number 
of lines Average 
(%) Range (%) CVa Duty 
free (%) Non- ad 
valorem  
tariff (%) Final 
bound 
average 
(%) 
Total 7,207 7.5 0-555 4.7 83.5 11.4 30.8 
HS 01-24 1,712 32.3 0-555 2.1 47.3 46.8 118.2 
HS 25-97 5,495 0.8 0-495 13.4 94.8 0.3 3.9 
By WTO category        
WTO agricultural products 1,442 40.9 0-555 1.8 36.6 56.2 142.8 
Animals and products thereof 179 125.0 0-555 1.0 10.1 86.6 342.5 
Dairy products 36 56.6 18.4-145.4 0.5 0.0 100.0 343.4 
Fruit, vegetables, and plants 464 35.6 0-312.4 1.7 33.0 56.9 107.6 
Coffee and tea 34 12.6 0-108.1 2.3 70.6 29.4 89.3 
Cereals and preparations 183 61.1 0-428.3 1.3 17.5 76.5 208.4 
Oils seeds, fats, oil and their pr oducts 187 16.8 0-127.1 1.7 42.3 41.2 88.2 
Sugars and confectionary 39 18.5 0-119.5 1.7 38.5 61.5 56.6 
Beverages, spirits and tobacco 98 19.1 0-364 2. 8 57.1 42.9 70.1 
Cotton 5 0.0 0 0.0 100.0 0.0 0.0 
Other agricultural products, n.e.s. 217 22.8 0-495 2.9 67.3 28.6 67.0 
Table III.2 (cont'd) Norway WT/TPR/S/269/Rev.1 
 Page 29 
 
 
   Number 
of lines Average 
(%) Range (%) CVa Duty 
free (%) Non- ad 
valorem  
tariff (%) Final 
bound 
average 
(%) 
WTO non-agricultural products 5,765 0.5 0-13.7 4.6 95.3 0.1 3.3 
Fish and fishery products 361 0.1 0-6.5 9.4 98.1 1.9 4.4 
Minerals and metals 1,057 0.0 0 0.0 100.0 0.0 1.0 
Chemicals and photographic supplie s 1,046 0.0 0 0.0 100.0 0.0 3.2 
Wood, pulp, paper and furniture 390 0.0 0 0.0 100.0 0.0 0.3 
Textiles 688 0.5 0-13. 7 4.7 95.2 0.2 7.4 
Clothing 268 8.5 0-10.7 0.4 13.4 0.0 10.8 
Leather, rubber, footwear and trav el goods 211 0.0 0 0.0 100.0 0.0 2.8 
Non-electric machinery 662 0.0 0 0.0 100.0 0.0 2.5 
Electric machinery 360 0.0 0 0.0 100.0 0.0 2.5 
Transport equipment 198 0.0 0 0.0 100.0 0.0 3.4 
Non-agricultural products, n.e.s. 488 0.0 0 0.0 100.0 0.0 2.3 
Petroleum 36 0.0 0 0.0 100.0 0.0 0.0 
By ISIC sectorb        
ISIC 1 - Agriculture, hunting and fishing 616 28.2 0-555 2.5 55.8 35.1 83.4 
ISIC 2 - Mining and quarrying 106 0.0 0 0.0 100.0 0.0 0.1 
ISIC 3 – Manufacturing 6,484 5.8 0-495 5.1 85.9 9.3 26.4 
By stage of processing        
First stage of processing 1,083 16.5 0-555 3.4 71.9 22.9 57.6 
Semi-processed products 2,056 1.0 0-128.5 8.7 97.0 3.0 9.2 
Fully processed products 4,068 8.6 0-495 4.2 79.8 12.5 34.7 
a CV = Coefficient of variation. 
b International Standard Industrial Classification (Rev.2).   Electricity, gas and water are excluded (1 tariff line). 
Note: Calculations for averages are based on the nationa l tariff line level (8-digit), excluding in-quota rates.  Ad valorem  equivalents 
(AVEs) were estimated based on Norway's 2010 import data at th e 8-digit level and information provided by the authorities.  
However, some non- ad valorem  equivalents could not be estimated, hence around  3% of total lines have been considered as 
empty (no rate). 
Source: WTO Secretariat calculations , based on data provided by the Norwegian authorities. 
12. In the agriculture sector, the difference betw een Norway's average bound and applied MFN 
rates is considerable (142.8% versus  40.9%);  nevertheless, the average applied rate is high.  Tariff 
protection is used, inter alia,  to underpin the domestic target prices and farmers' income objectives 
established through the annual agricultural agreements , and high tariffs thus apply to commodities and 
related goods produced in Norway, e.g. meat, dairy products, cereals, and certain  fruit and vegetables.  
Tariffs are low or even zero for commodities not gr own in Norway such as citrus fruit, bananas, 
coffee, rice, and cotton.  According to the Minist ry of Finance, tariff protection is moderate for 
processed agricultural goods, such as pizzas, chocolates, and other food preparations.14 
13. Norway's applied tariff rates are established annually by Parliament as it adopts the state 
budget for the following fiscal (i.e. calendar) year.  In the course of the year, the Norwegian Agricultural Authority (NAA) may reduce the applie d rates on agricultural goods either through time-
limited general reductions for specific products, app licable automatically to all importers with no 
quantitative restrictions, or through individual tari ff reductions, granted to importers upon application 
                                                      
14 Ministry of Finance (2012), Chapter 5.1.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 30 
  
  to the NAA for the product in question.15  While the general tariff reduc tions reflect developments in 
the domestic market, the intention behind the indivi dual tariff reductions is to protect local products, 
as well as substitutes, while allowing imports of produc ts, distinctly different in taste or use, as a 
supplement to domestic agricultural production.  In 2011, the NAA grante d 298 general tariff 
reductions and 3,577 indi vidual tariff reductions.16   
14. Norway's participation in regional and preferen tial trade agreements is based on the principle 
of free trade in industrial goods and the mutual exchange of concessi ons in the area of agriculture and 
food (Chapter II).  However, except for the prefer ential market access Norway provides to LDCs and 
14 low-income countries, the preferential margins gr anted by Norway to other partners are modest, 
due to the very low level of industrial MFN ta riffs and the limited scope of the agricultural 
concessions (Table III.3).   
15. Revenue from customs duties totalled NKr 2.5 b illion in 2011, or 0.3% of total government 
revenue.  Import duties on agricultural commodities and processed agricultural products accounted for 
70% of the total duty revenue.  Agricultural duties are collected predominantly on imports from the EU, while most of the customs revenue on manuf actured goods is from imports from developing 
countries. 
Table III.3 
Tariffs under preferential agreements, 2012 
(%) 
  Simple average tariff rate   Duty-free rates as a percentage 
of total tariff lines in each 
category   Non- ad valorem  rates as a percentage of total tariff 
lines in each category Overall 
WTO 
agriculture 
WTO non-
agriculture  
Overall 
WTO 
agriculture 
WTO non-
agriculture  
Overall 
WTO 
agriculture 
WTO non-
agriculture 
Animals & 
products 
Dairy products 
Cereals & 
preparations 
MFN 7.5 40.9 0.5 83.5 36.6 95.3 11.4 56.2 0.1 86.6 100.0 76.5 
Albania 6.0 35.5 0.0  88.8 44.2 100.0 9.9 49.7 0.0 86.0 100.0 70.5 
Canada 6.1 35.8 0.0  88.8 44.0 100.0 10.0 49.8 0.0 86.0 100.0 71.0 
Chile 6.0 35.0 0.0  88.9 44.9 99.9 9.8 48.8 0.1 86.0 100.0 71.0 
Croatia 7.0 40.2 0.0  87.7 39.0 99.9 10.8 53.8 0.1 86.0 100.0 76.5 
EEA 6.0 35.4 0.0  87.9 39.6 99.9 10.9 54.2 0.1 86.0 100.0 71.6 
EEC 5.6 32.5 0.0  89.9 49.9 99.9 9.4 46.5 0.1 86.6 100.0 68.9 
EFTA 6.0 35.4 0.0  88.0 40.1 100.0 10.7 53.5 0.0 86.0 100.0 72.7 
Egypt 5.9 34.2 0.0  88.9 45.0 99.9 9.9 49.5 0.1 86.6 100.0 70.5 
Faroe Islands 7.1 40.4 0.0  87.5 37.4 100.0 11.1 55.4 0.0 86.0 100.0 76.5 
Greenland 5.7 33.5 0.0  89.3 46.3 100.0 9.7 48.4 0.0 86.0 100.0 71.0 
Israel 6.0 35.1 0.0  88.8 44.0 99.9 10.0 49.7 0.1 86.0 100.0 71.6 
Jordan 6.2 36.0 0.0  88.5 42.8 99.9 10.2 50.7 0.1 86.0 100.0 72.1 
Korea, Rep. of 6.0 35.2 0.0  89.4 47.1 99.9  9.4 46.7 0.1 86.0 100.0 70.5 
Lebanon 6.0 35.3 0.0  88.4 42.5 99.9 10.3 51.2 0.1 86.0 100.0 71.0 
Macedonia 6.0 35.1 0.0  88.6 43.2 99.9 10.1 50.4 0.1 86.0 100.0 71.0 
Table III.3 (cont'd) 
                                                      
15 The legal basis for these tariff reductions is Article 9 of the Customs Duty and Movement of Goods 
Act, and Regulation No. 1 723, 22 December 2005.   
16 Approximately 80% of the general tariff reductions concerned goods within HS Chapters 23, 11, 
and 7, while nearly 70% of the individual reductions granted in 2010 were for products within HS Chapter 20.   Norway WT/TPR/S/269/Rev.1 
 Page 31 
 
 
    Simple average tariff rate   Duty-free rates as a percentage 
of total tariff lines in each 
category   Non- ad valorem  rates as a percentage of total tariff 
lines in each category Overall 
WTO 
agriculture 
WTO non-
agriculture  
Overall 
WTO 
agriculture 
WTO non-
agriculture  
Overall 
WTO 
agriculture 
WTO non-
agriculture 
Animals & 
products 
Dairy products 
Cereals & 
preparations 
Mexico 7.0 39.8 0.0  88.6 43.3 99.9  10.1 50.0 0.1 86.0 100.0 75.4 
Morocco 6.0 35.0 0.0  89.1 45.9 99.9 9.6 47.7 0.1 86.0 100.0 71.6 
Palestinian 
authority 6.0 35.2 0.0  88.3 41.6 99.9  10.5 52.0 0.1 86,0 100.0 70.5 
SACU 4.8 27.9 0.0  90.4 52.2 99.9 8.7 43.3 0.1 85.5 100.0 67.8 
Serbia 6.1 35.6 0.0  89.0 44.8 100.0 9.8 49.0 0.0 86.0 100.0 71.0 
Singapore 6.0 34.9 0.0  89.3 46.3 100.0 9.5 47.6 0.0 86.0 100.0 71.0 
Tunisia 5.9 34.7 0.0  89.2 46.1 99.9 9.6 47.8 0.1 86.0 100.0 71.0 
Turkey 6.1 35.6 0.0  88.9 44.8 99.9 9.8 48.6 0.1 86,0 100.0 72.1 
GSP40 5.2 30.1 0.1  89.1 49.7 98.9 9.1 44.9 0.1 86.6 100.0 71.6 
GSP 
Botswana/ 
Namibia/ 
Swaziland 0.9 4.9 0.0  96.6 83.4 99.9  3.4 16.4 0.1 2.2 19.4 32.2 
LDC 50 0.03 0.2 0.0   100.0 99.9 100.0   0.0 0.0 0.0 0.0 0.0 0.0 
Note: If no preferential rate is applied, the corresponding MFN ra te is used for the calculations.  Calculations exclude in-quo ta rates 
and include AVEs as available.  Ad valorem  equivalents (AVEs) were estimated ba sed on Norway's 2010 import data at the 
8-digit level and informati on provided by the authorities.  
 Product groups are based on multilateral tr ade negotiations (MTN) categories.   
Source:  WTO Secretariat calculations , based on data provided by  the Norwegian authorities.  
(iii) Other duties and charges 
16. Norway has not listed any "other charges and du ties" (Article II.1(b) of the GATT) in its 
Goods Schedule, thus effectively binding th em at zero for all tariff line items.   
(iv) Tariff-rate quotas, tariff exemptions 
17. During the Uruguay Round, Norway included 23 2 tariff-quota commitments (over 300 tariff 
lines at the 8-digit HS level).17  However, most of these tariff-rate quotas (TRQs) are not 
administered, as current applied rates are either e qual to or lower than the in-quota bound rate.  In 
addition to the TRQ for meat for promotional fa irs and product testing, the 20 TRQs applied in 
practice represent 73 8-digit HS headings (Table III. 4).  The TRQ fill rates are normally high for beef, 
sheep meat, cheese, apples, and pears, but low in so me other cases.  In 2010, the fill rates were less 
than 10% for frozen swine meat and red cabbage , and zero for turkey meat and hen's eggs 
(Table III.4).  Non-automatic licences are normally  required for the importation of agricultural 
products at in-quota tariff rates.   
                                                      
17 WTO document TN/AG/S/20, 4 July 2005 and Schedule XIV, Section 1-B.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 32 
  
  Table III.4 
Tariff-rate quotas and import volume, 2010  
 UR bound tariff Applied tariff (2010) 
Auction price 2010 
(NKr/kg) 2010 
Description 
(HS 07)  
Out-of-quota 
(% or 
NKr/kg)a 
In-quota (% 
or NKr/kg)a 
Out-of-quota 
(NKr/kg) 
In-quota 
(NKr/kg or %) 
WTO quota 
(tonnes)  
In-quota 
imports 
(tonnes)  
Fill rate (%)b 
Total imports 
(tonnes)  
Meat for promotional 
fairs and product testing 
(Chapters 02 and 16)  2.40  2.40  35 8 22.9 .. 
Meat of bovine animal, frozen     31.63 1,084 1,076 99.3 4,222 
02.02.1000 344% or 32.28  130% or 12.15 32.28 9.11      
02.02.2001 344% or 66.40  130% or 25.00 32.28 9.11      
02.02.2002/2003/2004 344% or 66.40 130% or 25.00 66.40 9.11      
02.02.2008 344% or 66.40 130% or 25.00 66.40 18.75      
02.02.3001 344% or 119.01 130% or 44.80 119.01 33.60      
02.02.3009 344% or 119.01 130% or 44.80 119.01 33.60      
Meat of swine, frozen           
02.03.2101 363% or 24.64 137% or 9.28 24.64 6.96 0.01 1,381 4 0.3 5 
Meat of sheep and goats, 
fresh, chilled or frozen   
   10.00 206 185 89.8 1,264 
02.04.1000 429% or 32.49  162% or 12.23 32.49 12.23      
02.04.2100 429% or 24.15  162% or 9.09 24.15 9.09      
02.04.2200 429% or 85.27  162% or 32.10 85.27 32.10      
02.04.3000 429% or 32.49  162% or 12.23 32.49 12.23      
02.04.4100 429% or 24.15  162% or 9.09 24.15 9.09      
02.04.4200 429% or 85.27  162% or 32.10 85.27 32.10      
02.04.4300 429% or 76.96  162% or 28.97 76.96 28.97      
02.04.5000 429% or 37.21  162% or 14.01 37.21 14.01      
Meat of sheep and goats, 
fresh, chilled, or frozenc          
02.04  2.40  2.40  600 598 99.7 1,264 
Meat of chicken           
02.07.1200 290% or 25.71 109% or 9.68 25.71 7.26 0.01 221 34 15.4 36 
Meat of Turkey           
02.07.2500 251% or 27.45 94% or 10.33 27.45 7.75 0.01 221 0 0 0 
Meat of poultry ducks, 
geese and guinea fowl        
02.07.3300 425% or 48.40 160% or 18.22 48.40 13.67 0.05 221 64 29.0 65 
Meat of deer          
02.08.9046; 02.08.9047; 
02.08.9048  344% or 122.30 122.30 0.60  25 25 100.0 141 
Meat of elk          
02.08.9043; 02.08.9044; 
02.08.9045  344% or 122.30 122.30 0.60  100 78 78.0 67 
Meat of game      250 207 82.8 241 
02.03.1109; 02.03.1209; 
02.03.1909; 02.03.2109; 
02.03.2209; 02.03.2909; 02.08.1000; 02.08.9030; 
02.08.9046; 02.08.9047; 
02.08.9048; 02.08.9094; 
02.08.9099  0.60 Ranging 
from 
24.64 
to 
122.30 0.60      
Butter      0.01 575 137 23.8 143 
04.05.1000  343% or 25.19 60% or 4.42 25.19 3.32      
04.05.2000  343% or 25.19 60% or 4.42 25.19 3.32      
04.05.9000  343% or 25.19 60% or 4.42 25.19 3.32      
Table III.4 (cont'd) Norway WT/TPR/S/269/Rev.1 
 Page 33 
 
 
   UR bound tariff Applied tariff (2010) 
Auction price 2010 
(NKr/kg) 2010 
Description 
(HS 07)  
Out-of-quota 
(% or 
NKr/kg)a 
In-quota (% 
or NKr/kg)a 
Out-of-quota 
(NKr/kg) 
In-quota 
(NKr/kg or %) 
WTO quota 
(tonnes)  
In-quota 
imports 
(tonnes)  
Fill rate (%)b 
Total imports 
(tonnes)  
Cheesed          
04.06  1.20 24.68 
27.15 
28.04 28.24 1.20  2,494 4,471 100.0 9,610 
Hens eggs           
04.07.0019 272% or 12.59 109% or 5.04 12.59 3.78 0.01 1,295 0 0 70 
White cabbage      0.01 134 63 47.0 1,564 
07.04.9013 116% or 1.71 74% or 1.43 1.71 1.43      
07.04.9020  184% or 3.58 74% or 1.43 3.58 1.43      
Red cabbage           
07.04.9040 102% or 1.86  41% or 0.74 1.86 0.72 0.01 134 9 6.7 106 
Apples 
08.08.1011   4.83 0.03 0.55 8,000 6,892 86.1 24,048 
Pears 
08.08.2021   4.41 0.02 3.53 250 249 99.6 5,631 
Hay 
12.14.909101  252% or 1.39 0 1.39 0  25,500e 14,419 56.6 14,603 
Turkey roll 
16.02.3101   64.08 12.5 0.12 20 7 37 7 
.. Not available. 
a The applicable bound duty rate is either the specific or the ad valorem  rate, set for one calendar year at a time (in advance).  The 
authorities indicate that the practice of th e previous year is generally followed. 
b The fill rate is actual in-quota imports from all suppliers (i ncluding GSP beneficiaries, whic h enjoy preferences within the 
quotas) as a percentage of the bound quota. 
c Sheepmeat quota allocated to Iceland. d Cheese quota allocated to the EU, Switzerland, and Iceland.  The import quota for cheeses from the EU was 4,500 tonnes 
in 2010.  In addition, 90 tonnes was main tained for Switzerland and Iceland.   
e 25,000 tonnes allocated to the EU, 500 tonnes to other countries.  The import quota for hay from the EU was 35,000 tonnes 
in 2010.   
Note: Where no auction price is indicated, there were either no bids or the TRQ was allocated administratively (i.e. free of ch arge).  
Seasonal tariffs apply to apples and pears.   Only the in-season tariff rates have been  included in the table, i.e. 1.5-30.11 (a pples) 
and 11.8-30.11 (pears).   
Source: Ministry of Finance (2012),  Prop. 1LS (2011-2012 for budsjettåret 2012 Ska tter, avgifter og toll 2012, Tabell 3.2), 
SLF Auksjonsplan 2010;  and information provided by the authorities.   
18. Norway has established preferential TRQs for cer tain trading partners.  Most of these quotas 
concern imports from the EU, but some are for imports of certain items from the EFTA states, 
Canada, and Egypt (Table III.5).18  Imports under Norway's GSP scheme are duty free and quota-free 
for LDCs and 14 low-income countries.  The or dinary GSP scheme includes TRQs regulating the 
preferential GSP access, i.e. for honey and certain canned vegetables.  As part of Norway's GSP 
scheme, beef may be imported duty free from Nami bia and Botswana within an annual ceiling of 
2,700 tonnes.19  An additional ceiling of 500 tonnes from Swaziland was added in 2009.  Moreover, 
                                                      
18 Under the new Article 19 (of the EEA) Agreem ent with the EU, which entered into force on 
1 January 2012, the duty-free TRQ for cheese has been increased to 7,200 tonnes.  Norway also granted TRQs 
or tariff reductions for selected meat products, fruit and vegetables, and inputs for the preserved food and feed industries.   
19 Botswana and Namibia also have a duty-free quota of 500 tonnes under the FTA between Norway 
and SACU.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 34 
  
  sheep meat and lamb meat may be imported duty free from Namibia, Botswana, and Swaziland within 
an annual ceiling of 400 tonnes.   
Table III.5 
Preferential tariff-rate quotas, 2010 
Agreement HS code Product Quota In-
quota 
imports 
2010 Out-
of-
quota 
tariff In-
quota 
tariff Auction 
price 
(2010) Total 
import/ 
tariff 
line 
(NKr/kg) 
(tonnes) Bound 
MFN  (tonnes) 
EU 02.06.4100 Pork liver 250 0 12.53 5.00 0.02 - 
02.10.1101 Ham 200 184 60.32 Zero 15.15 236 
04.06 Cheese 4,500 4,433 - Zero - 9,610 
04.07.0011 Hens eggs 290 69 12.59 Zero 0.02 125 
04.07.0019 70 
05.11.9911 Blood powder 300 96 3.53 Zero 0.01 96 
05.11.9921 0.36 - 
07.05.1112 Lettuce (Iceberg) 600 403 16.31 Zero 1.73 4,411 
07.05.1122 10.95 1,703 
07.12.9011 Dried potatoes 300 190 12.38 Zero 0.01 191 
08.08.1011 Apples 2,000 1,643 4.83 Zero 0.55 24,048 
08.10.1023 Strawberries 300 300 7.21 Zero 2.21 877 
08.10.1024 7.21 244 
08.12.1000 Cherry 100 0 8.59 4.30 - - 
12.09.2300 Fescue seed 75 68 17.68 Zero 0.01 529 
12.09.2300 Fescue seed for lawn 55 40 17.68 Zero 0.50 529 
12.09.2400 Kentucky blue grass seed 50 41 29.06 Zero 0.01 135 
12.09.2400 Kentucky blue grass seed for lawn 100 38 29.06 Zero 0.01 135 
12.09.2500 Rye grass seed 700 579 29.06 Zero 0.01 618 
12.14.9091 Hay 35,000 14,419 1.39 Zero - 14,603 
16.01.0000 Sausages 200 182 84.31 Zero 43.02 1,080 
16.02.5001 Meat balls 150 137 129.30 Zero 10.31 137 
16.02.4910 Bacon crisp 250 224 25.62 Zero 2.03 330 
23.09.1012 Cat food 1,000 367 0.42 Zero 0.01 10,166 
08.11.1001; 
08.11.1009 Strawberries (preserved) 1,900 1,860 .. .. - 3,233 
08.11.2005; 
08.11.2006; 
08.11.2008 Raspberries (preserved) 950 886 .. .. - 1,848 
20.09.7100; 
20.09.7900 Apple juice and concentrates 2,300 2,129 .. .. - 11,638 
EFTA/ 
Iceland 01.01.1010; 
01.01.9011; 
01.01.9019 Iceland horses (unit) 200 73 .. .. - 1,549 
Egypt 07.01.9029 Potatoes 1,310 0 1.12 Zero 0.01 0 
07.08.1000 Peas 60 0 9.29 Zero 0.01 1,116 
SACU 02.01.0202 Meat of bovine animals 500 500 Up to 
119.01 Zero 16.00 3,207 
Table III.5 (cont'd) Norway WT/TPR/S/269/Rev.1 
 Page 35 
 
 
  Agreement HS code Product Quota In-
quota 
imports 
2010 Out-
of-
quota 
tariff In-
quota 
tariff Auction 
price 
(2010) Total 
import/ 
tariff 
line 
(NKr/kg) 
(tonnes) Bound 
MFN  (tonnes) 
GSP 04.09.0000 Honey 192 157 24.47 Zero 1.23 187 
ex 16.02.4100 Canned ham  100 0 120.83 Zero 0.01 0 
ex 16.02.5009 Canned tongue 50 0 129.30 Zero 0.01 130 
ex 16.02.5009 Corned beef 200 52 129.30 Zero 0.01 
ex 20.05.4001; 
20.05.4009 Canned peas 200 1 11.77 Zero 0.01 1 
20.05.5901 String beans 100 37 .. .. 0.02 73 
20.05.5901 Green beans 50 33 .. .. 0.20 
ex 20.05.9909 Canned vegetables  150 27 .. .. 0.01 733 
Canada 10.01.9000 Durum wheat 10,000 2,479 2.13 Zero 0.01 3,506 
23.09.2012 Cat food 1,000 - 0.42 Zero - 10,166 
- No allocation by auction. 
.. Not available. 
Source: Ministry of Finance, State Budget 2012.  
19. The TRQ regime is administered by the Norw egian Agricultural Authority (NAA), except for 
five value-based quotas for imports from the EU, wh ich are allocated automatically upon declaration 
in the electronic TVINN system of th e Norwegian Customs and Excise Service.20  The NAA allocates 
most of the TRQs by auction.  When the auction method is not used, TRQs are either allocated upon 
request or distributed among the applicants on the basis of their past import record.  Auction 
procedures are set out in Regulation No. 907 on th e administration of tariff quotas on agricultural 
goods of 20 June 2003.  The NAA may set quota ce ilings for individual importers, but no such 
ceilings are applied at present.   
20. TRQs are generally allocated in advance of the quota year.  An auction plan is made 
available, setting out the auctioning dates, and goods and quantities up for auction.  Bidding takes 
place via the Internet.  Once allocated, the quotas are transferrable among the traders.  The NAA may 
re-auction unused import quotas.  The strike prices a nd fill rates vary considerably and reflect the 
domestic market situation and the expected impor t price level for each product (see Tables III.4 
and III.5).  In 2010, the revenue collected from TR Q auctions amounted to NKr 105 million.  The 
proceeds were transferred to the Treasury.   
21. Norway also administers imports of cereals and oil seeds.  Imports at reduced tariff levels are 
established annually, pursuant to Article 22 of  Regulation No. 1723 of 22 December 2005, and are 
intended as a supplement to the domestic harvest to ensure a balanced market.   
22. Tariff exemptions are regulated in accordance with Chapter 5 of the Customs Duty and 
Movement of Goods Act.  The exemptions cover tr avellers' luggage, gifts and prizes, goods destined 
for diplomatic representations, in ternational organizations, advertis ing materials and product samples, 
agricultural goods for technical use, etc.  Since the last TPR of Norw ay, the customs regulations have 
been changed:  with effect from 1 March 2009 pos tal and express services have the option of lodging 
                                                      
20 The indicative ceilings for meat from Botswana, Namibia, and Swaziland are also 
administered through TVINN.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 36 
  
  periodic declarations for low value consignments ( NKr 200-1,000) delivered to private customers.  
The facility is offered as an authorization scheme.   
(v) Fees and charges for services rendered 
23. Fees for customs clearance are laid down in Article 4-3, paragraph 3 of the Customs 
Regulation.  Customs clearance effected within the normal opening hours of the customs 
administration is free of charge.  Electronic declaration and clearance is also free of charge outside of normal business hours.  Charges apply for overtime and for services performed outside the premises 
of the customs administration, and are calculated according to the length of time of the operation;  
they should not exceed the cost of  the services rendered (Article 4-3, paragraph 3 of the Customs 
Act).   
24. Import licences are delivered free of charge, except for arms and ammunition.  For these 
items, the licence fee for commercial imports is set at  1% of the import value, with a minimum fee of 
NKr 125 and a maximum of NKr 5,160.  The fee for non-commercial imports ranges from NKr 430 to 
NKr 860.   
25. The control activities of the Norwegian Food Safety Authority (NFSA) have, since its 
inception, been financed by user fees and general charges.  The accumulated effect of the fees and 
charges has been estimated at 0.71-1.92% of th e production cost in the Norwegian food processing 
industry, depending on the type of product a nd the imported content of the final output.
21  T h e  
accumulated effect has generally been lower for imported food products as they are only subject to Norwegian controls during the final stage of the value-added chain.  As part of the Agricultural 
Agreement in 2011, it was agreed that the user-financed fees and charges of the NFSA would be 
eliminated with effect from 1 January 2012.  The Ministry of Finance estimates the loss of revenue 
will be approximately NKr 630 million annually.  The remaining fees and charges for services 
rendered are enumerated in Table III.6.   
Table III.6 
Other taxes and fees, 2012 
Tax  Legal basis Rates 
Inspection and control fees Act on food production and food safety 
Regulation 2005-10-04 No. 1103 on organic products 
Regulation 2010-03-03 No. 307 on payment of 
fees for veterinary control Regulation 2008-12-22 No. 1621 on official 
controls for compliance with legislation on 
animal feed, food, and health and welfare of animals (the Control Regulation) Fees vary widely among products and are set out in 
the regulations 
Food production tax Regulations re lating to fees in the food 
administration 2004-01-28 No. 211 All taxes have been repealed, but the fees for 
specific services rendered by the food authorities are maintained, currently at  the rate of NKr 490 per 
hour 
Tax on plants that are not in 
use in food production Regulation 2000-12-01 No . 1333.  Regulations 
relating to plants and measures against pests The tax has been repealed, with effect from 
1 January 2012 
Source: Information provided by the authorities.   
                                                      
21 The effect has been less pronounced  for the fish processing industry as it has been subject to lower 
charges.   Norway WT/TPR/S/269/Rev.1 
 Page 37 
 
 
  (vi) Internal taxes 
26. Norway introduced VAT on goods in 1970, and on services in 2001.  The valued-added tax is 
the Government's single most important source of tax revenue.  Total revenue  from VAT amounted to 
NKr 208.7 billion in 2011, i.e. 28% of all govern ment tax revenues.  The VAT Act was recently 
subject to a technical revision, and VAT is curre ntly applied according to the Act of 19 June 2009 
No. 58 relating to the Value Added Tax (most recen tly amended in January 2012).  The applicable 
rates are established by Parliament as it adopts th e annual fiscal budget.  At present, most goods and 
services are subject to the general rate of 25%, while  lower rates apply to fo odstuffs (15%), and some 
services (8%).  Exports and certain other activities are either zero-rated or tax exempt (Table III.7).  
The VAT is levied on the ex-factory price for locally produced goods and services, and on the 
customs value inclusive of customs duty, excise duty or other applicable fees  and charges on imports.  
Since 1 July 2011, purchases of electronic services fr om abroad, such as the downloading of films and 
music, on-line news services and internet broadcasts,  have been subject to VAT.  The responsibility 
for assessing and collecting the VAT rests with the suppliers of the electronic services.  As an 
alternative to the use of fiscal representatives, the VAT Act has established simplified registration and 
reporting arrangements based on the EU  system (one-stop-scheme).   
Table III.7 
VAT rates, January 2012 
Application Rate  
General rate 25%  
Food products 15% (raised from 14% on 1.1.2012) 
Passenger transport;  transporta tion of vehicles on vessels;  tourist accommodation;  cinema 
screenings;  television licence fee;  tickets for museums, galleries, amusement parks, and major 
sporting events 8% 
Raw fish  11.11%  
Health services;  alternative treatm ent;  social services;  educationa l services;  financial services;  
art and culture;  admission to sporting events;  ex ercise of public authority;  intra-governmental 
services;  real property;  certain sales by  charitable and philant hropic institutions and 
organizations;  certain sales by non-profit organi zations and associations;  lottery services;  
ceremonial services;  management services provided by housing associations to housing 
cooperatives;  services as a member of a board , etc;  postage stamps, notes, and coins as 
collectors' items;  goods that have been used privately or for other purposes for which input 
VAT is non-deductible; and offsetting emission allowances Exempt 
Exports of goods and services;  goods placed in a bonded warehouse;  resale of goods to 
purchasers outside the VAT area;  goods for touris ts;  goods from retail outlets at airports on 
departure;  goods from retail outlets at airports on ar rival;  transport services directly to or from 
destinations outside the VAT area;  brokering of  certain services performed outside the VAT 
area;  goods and services for certain vessels;  goods and services for use by aircraft in international commercial aviation;  goods and se rvices to petroleum activities;  advertising 
publications in foreign languages;  newspapers ; certain periodicals and publications;  books;  
electric power and energy for household use in Nort hern Norway;  vehicles that are exclusively 
powered by electricity;  second-hand vehicles cove red by re-registration tax;  services relating 
to public roads and railway installations;  supply of certain ships, aircraft, and drilling platforms 
and hiring out of such vessels;  construction of  embassy buildings;  goods and services to 
international military forces and command units;  transfer of undertakings,  biological material;  
and funeral services. Zero-rated 
Source:  Skatteetaten online information, and in formation provided by the authorities. 
27. Excise duties are applied on various goods (Table  AIII.1).  Historically, the duties on motor 
vehicles, alcoholic beverages, tobacco, fuels, and en ergy have been the most important taxes in terms 
of government revenue, but environm ental taxes have gradually atta ined higher prominence.  The 
structure of the excise tax regime has essentially re mained unchanged since the last TPR of Norway, WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 38 
  
  and the tax rates have, with minor variations, b een adjusted in line w ith projected inflation.22  The tax 
system does not distinguish between domestically produced and imported goods, but as Norway has no domestic production of some of these items (e.g . motor vehicles, sugar, tobacco) the tax on these 
goods is borne exclusively or predominantly by imports.  Government revenue from excise duties 
amounted to NKr 93 billion in 2011, or 12. 5% of total governme nt tax revenue.   
28. Norway levies a "research duty" on ready-made food as well as on raw materials or semi-
manufactures of animal or vegetal origin used in the production of food.  The research duty is applied 
in accordance with Law No. 74 on research duty on agricultural products, of 26 June 1970, and 
Regulation No. 410 of 6 April 2001.  Fish and other marine products are not considered agricultural 
goods and therefore not subject to the duty.
23   
29. The research duty is collected on domestically produced goods at the first level of purchase, 
and on imported goods at the time of importation.   The duty is channelled into a fund financing 
research projects considered relevant to the goods subject to the duty.  In 2011, the duty raised 
NKr 128 million, of which NKr 38 million was levied on imports.  The research duty is in principle ad valorem , and has been set at 0.35% for raw materials and 0.25% on semi-manufactures and 
finished products since 2005.  It may be applied at  specific rates for certain items, in which case the 
duty rates may be revised occasionally.  For 2012, the research duty is set at specific rates for meat, 
including poultry (NKr 0.135 per kg); eggs (NKr 0.065 per kg); milk ( NKr 0.0166 per litre), and 
cereals (NKr 0.0078 per kg).
24  However, any domestic producer or  importer demonstrating that the 
specific rate exceeds 0.35% ad valorem  will have the duty reduced to 0.35%. 
(vii) Import prohibitions, restrictions, and licensing 
30. Norway provided an updated notification of its import licensing regime pursuant to 
Article 7.4 of the WTO Agreement on Import Licensing Procedures in 2008.25  In July 2011, the 
authorities stated that the 2008 notification remained valid.26  The non-automatic licensing system as 
it applies to alcoholic beverages,  medicinal products, arms and amm unition, explosives, and fireworks 
(Table III.8), implies no limitation on the imported qua ntities, but the fulfilment of certain conditions 
by the importer.  The regime is, in principle, appli cable to all countries but with some variations due 
to the EEA.27   
                                                      
22 The basic tax on mineral oil and the excise duties on tobacco products and non-alcoholic beverages 
have been raised substantially, in real terms.   
23 The duty is also not levied on animal feed (except cereals), and th e Regulation (Annex 1) specifically 
exempts various imported commodities, including certain fr uit and nuts (bananas, melons, apricots, citrus fruit, 
grapes, peaches, almonds, walnuts, hazelnuts, coconuts, etc.), coffee, tea, mate, and spices; hops; sugar and 
confectionery; cocoa and chocolate; alcoholic and non-alcoholic beverage s; and tobacco.  However, some 
commodities that were previously exempt (oilseeds, soy b eans, peanuts, vegetable oils and fats, and margarine) 
became subject to research du ty when the Regulation was revised in 1989  (Annex 2 of the pr esent Regulation).   
24 Norwegian Agricultural Authority online informati on.  Viewed at:  https://www.slf.dep.no/no/fou-
midler/landbruks-og-matforskning/satser. 
25 WTO document G/LIC/N/3/NOR/3, 1 October 2008.   
26 WTO document G/LIC/N/3/NOR/6, 6 July 2011.   
27 Thus, an import licence is required for commercial imports of medicines originating in the EEA, 
whereas a manufacturing licence is required for imports from non-EEA countries.  Imports of medicines for personal use from a non-EEA country ar e, in principle, prohibited, but the Norwegian Medicines Agency may 
issue a permit in exceptional circum stances.  Pyrotechnical articles not covered by Council Directive 93/15/EEC 
are subject to licensing from all (including the EEA) countries.   Norway WT/TPR/S/269/Rev.1 
 Page 39 
 
 
  Table III.8 
Non-automatic import licensing requirements, 2012  
Products affected Type of restriction Legal basis (date) Reason (as indicated by 
the authorities) 
Explosives, fireworks Prohibited unless approved by the 
Directorate for Civil Protection and 
Emergency Planning Act relating to the Prevention of 
Fire, Explosion and Accidents 
involving Hazardous Substances and the Fire Service Surveillance 
Endangered animals 
and plants Animals and plants listed as endangered 
by CITES, prohibited Regulation 2002-11-15 No. 1276 on 
the CITES Convention Surveillance 
Alcoholic beverages Commercial imports restricted to licensed 
importers (licensed wholesalers and 
producers, and holders of an extended retail or service licence).  Exception 
applies to the state-owned company AS 
Vinmonopolet Act on the Sale of Alcoholic 
Beverages of 2 June 1989 Surveillance 
Arms and ammunition Importers of weapons, weapon parts or 
ammunition need a licence from the Police 
Authority Weapons and Ammunition Act 
1961; Regulation No. 904 of 
25 June 2009 Surveillance/justice 
Medicinal products All importers need a wholesale import 
licence issued by the Norwegian 
Medicines Agency.  Pharmaceuticals from countries outside the EEA require an 
additional special licence from Norwegian 
Medicines Agency Act on Medicinal Products etc. Surveillance 
Diamonds Valid certificate required for rough-cut 
diamonds in accordance with the Kimberly 
Process Regulation on the certification of 
rough-cut diamonds implementing 
the Kimberly Process Certification 
Scheme of 24 February 2004, No. 470 Surveillance to prevent 
international crime and 
"blood money" 
Cultural objects Imports require licence or consent of 
authorized institutions in the exporting country  Cultural Heritage Act (1978) Surveillance 
Counterfeit goods All commercial imports illicit The Customs Act 
(1 September 2007) Protection of intellectual 
property rights 
Source:  The Norwegian authorities. 
31. Automatic licensing is applied to imports that  may be used as feed in domestic animal 
production, and to imports of grains, flour a nd feed products from LDCs under Norway's GSP 
scheme.  Imports of these products from LDCs are,  in principle, duty-free and quota-free, but a 
safeguard mechanism may trigger suspension of impor ts in case of serious market disturbance.  
Hence, the licence serves a monitoring purpose.  Fo r imports of potential animal feed, a licence is 
issued to any importer signing an end-use statement confirming that the products will not be used as 
animal feed, which are subject to higher tariffs. 
(viii) Customs valuation  
32. Chapter 7 of the Customs Duty and Movement  of Goods Act of 2007 contains general 
provisions on the valuation of goods, and the Cust oms Regulation (Article 7) elaborates further on 
some of the general rules.  As stipulated in th e WTO Agreement on Implementation of Article VII of 
the General Agreement on Tariffs and Trade 1994 (Customs Valuation Agreement), the transaction 
value (as declared by importers) is the principal me thod of customs valuation, used for approximately 
97% of all imports into Norway.  Setting aside the transaction value, the customs administration relies 
on the alternative valuation methods  and the sequential order of application as laid down in the 
Customs Valuation Agreement.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 40 
  
  33. The Act and the Regulation cover the Interpre tative Notes contained in Annex I to the 
Customs Valuation Agreement.  Decision 3.1 of the WTO Committee on Customs Valuation is 
implemented through Section 7-18, paragraph 1, le tter d) of the Customs Regulation, which lists 
interest paid by the buyer among the items not to be  included in the customs value.  The valuation of 
carrier media bearing software for data processing equipment (Decision 4.1), depends on whether the 
purchase is defined as a good or as a service.28   
34. Pursuant to the Public Administration Act of 1967, an importer may seek a written 
explanation of how the customs value was determined  by a regional customs authority.  The decision 
of a local customs administration on product classi fication or valuation may be appealed to the 
Directorate of Customs and Excise through the regional customs authority.  The Directorate handled 
665 appeals in 2011, accepting 14 in part or in full.  In general, the only further recourse following the 
Directorate's decision is before the regular courts.29   
(ix) Rules of origin 
35. The Customs Duty and Movement of Goods Act of 2007 includes a set of non-preferential 
rules of origin (Chapter 8, paragraph 6).  Prefer ential rules of origin ar e established under the EEA 
and the EFTA Free Trade Agreements, a nd pursuant to Norway's GSP scheme.30  Exporters may 
benefit from tolerance rules, the various fo rms of cumulation permitted under the respective 
agreements, as well as from significant similarities in rules of origin requirements applied by Norway 
and the EU.31   
36. Protocol 4 to the EEA Agreement sets out the preferential rules of origin within the EEA.  
The rules of origin under the EFTA FTAs with third countries are modelled closely on the EEA rules 
of origin.  The Pan-European Origin Cumulation Sy stem, which entered into force on 1 January 1997, 
allows the use of any material from any country within the zone (EFTA, EU, and Turkey) to produce 
a good whilst retaining preferential origin.  This  diagonal cumulation syst em is being extended 
gradually to the Faroe Islands and to Mediterranean  countries and territories participating in the Euro-
Mediterranean partnership (i.e. to Algeria, Egypt,  Israel, Jordan, Lebanon, Morocco, Syria, Tunisia, 
the West Bank and the Gaza Strip).32  Norway's GSP rules of origin are harmonized with the EU and 
Switzerland, including the rules contained in Commission Regulation (EU) No. 1063/2010 of 18 November 2010.   
                                                      
28 For example, in the case of an individual drawing by an architect carried on  a CD or memory card, 
the entire purchase may be considered a service and thus not subject to VAT.  Customs valuation therefore becomes irrelevant.  On the other hand, mass-produced data programmes, films, etc. are considered goods and 
subjected to the principal method of customs valuation, i.e. the transaction value fo r the carrier medium and the 
digital contents.   
29 Appeals may be brought before the Ministry of Fi nance in two instances:  when the original decision 
is taken by the Directorate of Custom s and Excise itself;  or if the Dire ctorate has examined a case decided by 
the local authority in the party's favour , and reached a different conclusion.   
30 The general requirements and conditions to qualif y for preferential treatme nt are laid down in 
Chapter 8 of the Customs Duty and Movement of Goods Act and in the Customs Regulation.   
31 For further information on the substantial transfor mation and other origin criteria, see WTO (2008).   
32 In order to implement the Pan-Euro-Mediterranean Cumulation System, identical rules of origin 
(Protocol B) have been incorporated in the EEA Ag reement, the EFTA Conventio n, the EFTA FTAs with 
Morocco, Tunisia, Israel, Lebanon, Egypt, and Jordan , and in Norway's bilateral agreement with the 
Faroe Islands.  Norway, as the first contracting party, ratified the Regional Convention on Pan-Euro-
Mediterranean Preferential Rules of Origin on 9 Novemb er 2011.  This Convention will eventually replace the 
origin provisions in the FTAs established among the countries in the Euro-Med zone.   Norway WT/TPR/S/269/Rev.1 
 Page 41 
 
 
  37. Further to the WTO Agreement on Rules of Orig in (Annex II, paragraph 3(d)), the Norwegian 
Customs and Excise Service may issu e a binding prior assessment of the preferential origin of a good, 
pursuant to Article 12 of the Customs Regulations.  The application for a binding assessment must be 
presented in writing to the customs authorities in the country where the applicant is domiciled.  Such 
assessments remain valid for six years provided the facts and conditions under which they have been 
made remain comparable.   
(x) Anti-dumping, countervailing duty, and safeguard regimes 
38. General provisions regulating the use of trade re medy measures are cont ained in Article 10 of 
the new Customs Duty and Movement of Goods Act.  The Ministry of Finance is responsible for the 
conduct of investigations.33  However, Norway was an infrequent user of such measures under the 
GATT, and has not initiated any anti-dumping, counter vailing, of safeguard procedure (pursuant to 
the Agreement on Safeguards) since the establishement of the WTO.34   
39. The EEA Agreement (Article 26 and Protoc ol 13) stipulates that anti-dumping and 
countervailing measures may not be used against imports from other EEA members, in the areas 
covered by the Agreement and where the EU acquis  has been fully incorporated.35  The EFTA 
Convention prohibits the application of anti-dumpi ng measures in trade between EFTA states.  EFTA 
and some of its FTA partners have agreed to in clude provisions to refrain from anti-dumping and 
countervailing measures in mutual trade, notably  Chile; Singapore; Hong Kong, China; Ukraine, 
Albania; Serbia; Montenegro; and Korea (endeavour).   
40. The Norwegian GSP scheme has a safeguard mechanism encompassing all agricultural 
products.  An indicative ceiling applies to Namibia,  Botswana, and Swaziland for duty-free imports of 
beef, as well as for duty-free imports of sheepmeat.36  The EEA Agreement contains safeguard 
provisions in Chapter IV, and safeguards may also  be applied under the EFTA FTAs.  Norway has 
never invoked the safeguard provisions.   
41. Pursuant to Article 5 of the WTO Agreement on Agriculture, Norway has reserved the right 
to invoke the Special Safeguard provisions ( SSGs) for 410 tariff lines (at the six-digit level), 
representing 60.5% of Norway's agricultural ta riff lines.  The imposition of SSGs is governed 
by Regulation No. 1448 of the Ministry of Agriculture and Food of 17 December 1998.  A volume-based special safeguard was applied to potato flakes and granules from 5 April 
to 31 December 2006.
37  Norway has not invoked the Special Safeguard provisions since then.   
                                                      
33 The procedure is described in WTO (2008).   
34 Norway's last anti-dumping duty, on cement imported from the former German Democratic 
Republic, was lifted in December 1985.  A complaint against imports of cable (also from the former GDR) was 
dismissed in 1986.  The Advisory Anti-dumping Committee, set up to consider pending cases at the Ministry's 
request, was dissolved in 2001 as no request had been made for many years.  Norway's only countervailing duty measure to date (on Italian refrigerato rs) was terminated in 1976.  A safegua rd action on imports of textiles and 
clothing, imposed from 1978 to mid-1984, lapsed after Norway re-joined the MFA.   
35 As fisheries is not fully integrated in the EEA framework, the EU has imposed anti-dumping 
measures against Norwegian salmon (rescinded in July 2008) and trout (rescinded in August 2008).   
36 Norway has never used the safeguard mechanism, but the indicative ceilings have been reached.   
37 WTO document G/AG/N/NOR/43, 12 April 2006.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 42 
  
  (3) MEASURES DIRECTLY AFFECTING EXPORTS  
(i) Export procedures and requirements 
42. Goods for export are declared to the customs authorities using the electronic TVINN system.  
Some declarations are presented to Customs manually using the single administrative document 
(SAD), and subsequently keyed into the system by the customs administration.  The advance 
summary declaration has also been mandatory fo r exports to all countries, except the EU, since 
1 January 2012.  An export declaration is require d for all export consignments above NKr 5,000 for 
statistical purposes, and for all goods subject  to export restrictions (see below).38  Exports are subject 
to physical inspection at random or further to risk -based controls.  Except for exporters of fish and 
fish products, which must be appr oved by and registered with the Norwegian Seafood Council (NSC), 
Norway does not maintain any registration requireme nts for exporters.  The annual fee for registration 
with the NSC is NKr 15,000.39   
(ii) Export taxes, fees and charges for services rendered, application of internal taxes to 
exports 
43. In general, Norway does not apply any export taxes.  However, in order to finance the 
activities of the NSC and the Fishery and Aquaculture  Industry's Research Fund, exports of fish and 
fish products are subject to an export levy of 1.05% of the f.o.b. value.40  The levy is reduced to 0.5% 
for processed and preserved fish (HS Chapter 16.04), a nd 0.3% for fish oil, fish meal and industrial 
fish and by-products (HS 05.11.91; 15.04; 15.16.1012; 15.16.1020; 16.03.0020; 23.01.2010; and 
23.01.2090).  Fish caught by foreign vessels is exem pt from the levy when cu stoms duty has not been 
paid and the fish is transported directly out of No rway, or if the fish (or fish products) is shipped 
abroad from a customs bonded storage facility.   
44. VAT is not applied to exported goods or ser vices (2009 VAT Act, Article 6, paragraph 21).  
Goods exported from the manufacturer or an importe r's warehouse are exempt from excise duties.   
45. Norway's inward processing scheme allows fo r the reduction or suspension of import duties 
provided the processed goods are exported.  For agricu ltural goods, a time-limit is specified for each 
applicant, and authorization must be obtained from the Norwegian Agricultural Authority before the 
inputs are imported.  A deposit may be requested.  For manufactured goods, no authorization is required, but exportation must ta ke place within one year.   
46. A customs warehousing scheme authorizes the refund of customs duties on imports for the 
production of exports provided the export takes place within two year s.  Customs duties may also be 
refunded on inputs for domestically  produced goods that are substitut es for previously imported goods 
if the domestic goods are of the same kind and quality.   
                                                      
38 Additional documentation is not submitted with the electronic export declaration, but exporting 
enterprises are required to retain such documents for 10 years.   
39 NSC is 100% state-owned.  The exporter receives a registration number, which is provided to the 
Norwegian Customs and Excise Service with each export declaration.   
40 The levy is divided into two parts:  0.75% for the NSC, and 0.30% for the Fishery and Aquaculture 
Industry's Research Fund.   Norway WT/TPR/S/269/Rev.1 
 Page 43 
 
 
  (iii) Export restrictions 
47. Norway implements economic sanctions further to decisions of the United Nations' Security 
Council pursuant to Act No.4 of 7 June 1968.  In  addition, Act No. 14 of 27 April 2001 forms the 
legal basis for the implementation of certain interna tional, non-military restrictive measures other than 
those based on Chapter VII of the UN Charter.  The 2001 Act is typically invoked when Norway 
aligns itself with the EU in situations where the UN Security Council has not acted, or the EU takes 
measures supplementary to those agreed in the UN.  Norway has implemented all Chapter VII 
decisions of the UN Security Council.41  In addition, Norway has aligned itself with EU sanctions still 
in force affecting trade with Myanmar42, Belarus, Iran, Syria, Libya, and Zimbabwe.43   
48. Responsibilities related to Norway's export re gulations are distributed between some 
17 governmental institutions and agencies, but enfo rced at the border by the Norwegian Customs and 
Excise Service.  Special conditions  apply to the export of animals and plants defined as endangered 
species under the CITES Convention, and products made  of such animals or plants.  Exports of 
antiquities and other objects of historic, artistic  or cultural value require special permission 
(Table III.9).  The Ministry of Foreign Affairs is responsible for licensing a list of weapons, 
ammunition and other military equi pment and appurtenant technology ( list I), and a list of strategic 
goods and appurtenant technology (list II).44  Defining strategic goods, Norway uses the same list as 
the EU, encompassing the results of  the Wassenaar Arrangement, th e Nuclear Suppliers' Group, the 
Australia Group (chemical and biological wea pons), the Missile Tec hnology Regime, and the 
Chemical Weapons Convention.   
49. The Norwegian Customs and Excise Service may block exportation (or importation) of 
counterfeit or pirated goods upon request from the right holders or on its own initiative according to Article 15 of the Customs Duty and Movement of Goods Act.   
50. For travellers, exports of cash or cash equi valents in Norwegian or foreign currency 
exceeding NKr 25,000 must be declared to th e Norwegian Customs and Excise Service on 
departure.
45  Fish caught in Norwegian waters as a result of  sports or leisure fish ing is limited to 15 kg 
per person.46   
                                                      
41 Trade embargoes are enforced on Iran, Democratic Pe ople's Republic of Korea, Sierra Leone, Sudan, 
Lebanon, Côte d'Ivoire, Democratic Republic of Congo, Liberia, Somalia, Syria, Libya, Eritrea, and Belarus.   
42 Sanctions against Myanmar are in the process of being suspended.   
43 The EU regularly invites Norway and other countries to align with its sanctions.  If Norway decides 
to align itself, it will normally implement the material provisions in the same way as the EU.  Since 2005, 
Norway has not aligned itself with EU rest rictive measures to combat terrorism.   
44 The legal basis for these export measures is th e Act No. 93 of 18 Decemb er 1987 and Regulations 
of 4 July 2007 (from the Ministry of Foreign Affairs).   
45 The Norwegian Customs and Excise Service began mo re systematic enforcement of this obligation 
in 2010.  The declaration is not subject to fees or charges, but contraventions may result in a fine equal to 30% 
of the undeclared amount (Customs Duty and Movement of Goods Act, Article 16, paragraph 5).  
46 The quota does not apply to freshwater fishing or catches of salmon, trout, or arctic char.  Whole 
fish, i.e. trophy fish, may also be carried out of  Norway irrespective of the 15 kg limitation.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 44 
  
  Table III.9 
Export regulations, 2012 
Products affected Type of restriction Legal basis (date) 
Endangered animal and plant 
species, and products thereof 
(CITES) Export prohibition/Export 
licence required from the 
Norwegian Directorate for 
Nature Management  Regulation No. 1276 of 15 November 2002 on the 
implementation of the Convention of 3 March 1973 on 
International Trade in Endangered Species of Wild Fauna and 
Flora (CITES) 
Hazardous waste, ozone 
depleting substances, goods 
hazardous to health and environment Prohibitions, labelling 
requirements 
Export prohibiti on to non-OECD 
countries (applies to hazardous 
waste only) Product Regulations No. 922 of 1 June 2004.  Regulations 
relating to restrictions on the manufacture, import, export, sale, 
and use of chemicals and other products hazardous to health and the environment.   
Waste Regulation No. 930 of 1 June 2004 relating to the 
recycling of waste, implementing regulation (EC) No. 1013/2006 of The European Parliament and of The Council of 
14 June 2006 on shipments of waste,  based on the  Basel 
Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal; and Decision 
C(2001)107/Final of the OECD Council concerning the revision 
of Decision C(92)39/Final on control of transboundary 
movements of wastes destined for recovery operations 
Cultural objects Export requires consent of 
institutions authorized by the Ministry of Culture and Church 
Affairs Cultural Heritage Act (1978) and Regulation No. 1420 of 
14 December 2001 concerning the prohibition of export of cultural objects 
Arms and other strategic goods, services and technology, and products 
related to the development etc. 
of nuclear, chemical or biological weapons (including 
dual use) Export licences required;  
system administered by the Ministry of Foreign Affairs, 
Section for Export Control, and 
enforced by the Directorate of Customs and Excise Act No. 93 of 18 December 1987 on the export of strategic 
goods, services and technology;  
Regulation No. 51 of 10 January 1989 (relating to Act No. 93 of 
18 December 1987) on the export of strategic goods, services 
and technology (the Export Control Act); 
Regulation No. 433 of 12 May 2000 regarding the possession, 
sale and transport of nuclear ma terial and dual use materials;  
Weapons and Ammunition Act No 1 of 9 June 1961 with its 
regulation No. 904 of 25 J une 2009 on weapons;  and 
Act No. 10 of 6 May 1994 incorporating the Convention on the 
Prohibition of the Development,  Production, Stockpiling, and 
Use of Chemical Weapons, and their destruction 
Minke whale products Export licence required from the 
Norwegian Directorate for Nature Management Regulations relating to the export of minke whales No. 799 of 
29 June 2001 
Counterfeit goods All commercial exports or re-
exports are illicit, but subject to civil prosecution The Customs Act (No. 119 of 1 September 2007) Chapter 15, on 
detention of goods infringing In tellectual Property Rights (IPR) 
and pursuant to the relevant IP R legislation (see table III.12) 
Radioactive and  nuclear wast e Export licence required from 
Norwegian Radiation Protection Agency Waste Regulation No. 930 of 1 June 2004 
Pharmaceuticals, precursors, 
etc. All exports require licence from 
the Norwegian Medicines Agency Medicinal Product Act (No. 132 of 4 December 1992) §12 
and §13 and Regulation (No. 1219 of 21 December 1993) regarding wholesaling; and 
Regulation No. 156 of 12 Fe bruary 2010 implementing EU 
regulations (EU) Nos. 273/20 04 and 1277/2005 on narcotic 
precursors  
Fireworks, explosives  
Dangerous goods; ADR 
transport, marking,  Export of explosive substances, 
including pyrotechnical articles, 
require a transfer licence from the Directorate for Civil 
Protection and Emergency 
Planning Act No. 20 of 14 June 2002 on the Prevention of Fire, Explosion 
and Accidents involvi ng Hazardous Substances and the Fire 
Services’ duties in Rescue Op erations, and Regulation No. 922 
of 26 June 2002 on handling Explosive Substances 
Table III.9 (cont'd) Norway WT/TPR/S/269/Rev.1 
 Page 45 
 
 
  Products affected Type of restriction Legal basis (date) 
Fish and seafood Export of fish and seafood 
requires registration with the 
Norwegian Seafood Council  Act No. 9 of 27 April 1990 regulating the export of fish and fish 
products (Fish Export Law), and Regulation No. 157 of 
22 March 1991 relating to the regulation of exports of fish and fish products 
Snuff  Exportation of snuff is 
prohibited for all EU countries except Sweden and to a certain 
degree Denmark, requires 
export licence from Norwegian Directorate of Health Act No. 14 of 9 March 1973 on protection against tobacco 
Source:  Information provided by the Norwegian authorities.  
(iv) Export subsidies, finance, and guarantees 
(a) Export subsidies 
51. Norway provided NKr 242.5 million in producer-fi nanced subsidies for the export of cheese, 
swine meat, egg and egg products, and butter in 20 10.  In addition, NKr 31.9 million was paid for 
exports of processed agricultural products (see Chapte r IV).  Export subsidies for surplus beef have 
been discontinued as a result of reforms in the meat subsector in 2009.   
(b) Export finance 
52. Eksportfinans ASA, currently owned by the No rwegian State and 25 private Norwegian banks 
and foreign banks operating in Norway, has been the principal provider of credit to Norwegian 
exporters and foreign buyers of Norweg ian goods since its establishment in 1962.47  At the end 
of 2011, Eksportfinans held assets valued at NKr  214 billion, including export-related loans totalling 
NKr 111 billion.  Eksportfinans may offer export cred it on normal commercial terms, but it has also 
been the sole manager of government-supported cr edits conforming to the OECD Arrangement on 
Officially Supported Export Credit and the Understanding on Export Credit for Ships since 1978.48  
Some of its contract financing of shipbuilding, ship  equipment, and offshore oil and gas projects entail 
major financial commitments.  However, all loan s issued by Eksportfinans have either been 
guaranteed by the Norwegian Guarantee Institute for Export Credits (GIEK) and/or other banks.   
53. Revised rules for the calculation of capita l adequacy, large exposures, and liquidity 
management entered into force in Norway on 1 January 2011.49  The changes reflected revisions to 
the Capital Requirements Directive (CRD) undertaken by the EU in 2009 and 2010.50  A s  a  
                                                      
47 The four largest owners are DNB ASA (40%), Nordea bank Norge ASA (23.21%), the Ministry of 
Trade and Industry (15%), and Danske Bank A/S (8.09%).  The Norwegian State bought  the 15% stake in 2001.    
48 These are the so-called CIRR (commercial interest reference rate) loans; in Norway also known as 
the 108 scheme.  About 70% of the loans of Eksportfinans qualify for government support.  The estimated subsidy for the interest rate support and currency risk alleviation amounted to NKr 166.5 million and 
NKr 366 million in 2010 (Table III.10), a substantial in crease compared with the levels prior to the global 
financial crisis. 
49 The Ministry of Finance revised the rules by amending Regulation No. 435 of 1 June 1990 
(calculation method); Regulation No. 1506 of 14 December 2006 (capital ad equacy), Regulation No. 1605 of 
22 December 2006 (large exposures); and Regulation No. 747 of  29 June 2007 (liquidity management).   
50 The Capital Requirements Directive (CRD ) is a technical e xpression comprising 
Directives 2006/48/EC and 2006/49/EC of the European Parliament and of the Council of 14 June 2006.  The 
amending Directives are known as CRD II (Directive 2009/111/EC of 16 September 2009) and CRD III WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 46 
  
  transitional arrangement, the Ministry of Finance allo wed Eksportfinans to use the rules applicable to 
large exposures on 15 December 2010 until the end of 2011;  and the Ministry would clarify how 
Eksportfinans could adapt to the new rules during 2011.51  On 19 October 2011, the Ministry extended 
the temporary exemption until the end of 2012, but st ated that a permanent exemption would not be 
granted.  Under the new rules, no single exposur e is allowed to exceed 25% of the institution's 
regulatory capital.52 
54. On 18 November 2011, the Prime Minister announ ced that a new, fully state-owned export 
credit agency would be established by 1 July 201 2.  The new agency will take over the government-
supported credit scheme administered by Eksportfinans and, with an initial loan commitment of 
NKr 30 billion, provide a state-funded export financi ng scheme that should be "robust, reliable, and 
cost-effective".53  Parliament subsequently authorized the Ministry of Trade and Industry to enter into 
an agreement with Eksportfinans ASA on the admi nistration of an interim agreement until the new 
body becomes operational.  As a result, Eksportfin ans will arrange loans on behalf of the Ministry 
until the new state-owned entity has been established,  and Eksportfinans has effectively curtailed the 
provision of new loans in its own name.  Six lo ans totalling NKr 6.7 billio n were transferred from 
Eksportfinans to the Ministry during the last six w eeks of 2011.  Eksportfinans intends to manage its 
portfolio of existing loans in a controlled r un-down, likely to take several years.   
55. The decisions by the Ministry of Finance and th e Government appear to have taken financial 
markets by surprise, as credit rating agencies qui ckly downgraded the debt of Eksportfinans.54  I n  
their view, Eksportfinans no longer has a viable  business model without the CIRR-loans, and doubts 
were expressed regarding the Norw egian Government's commitment to support Eksportfinans in the 
event of financial distress.55  Members of the Parliament's  Standing Committee on Scrutiny and 
Constitutional Affairs have questioned the decision not  to grant or seek a permanent exemption within 
the EEA framework for Eksportfinans, noting that cer tain financial institutions are exempted in EU 
member states further to Article 2 (exempted ins titutions) or Article 113.4(e) of Directive 2006/48/EC 
(national discretion).  According to Eksportfinan s, it and some of its shareholders suggested a 
recapitalization of the enterprise to  address the issue of large exposures, but "this was not considered 
                                                                                                                                                                     
(Directive 2010/76/EU of 24 November 2010).  CRD II was incorporated into the EEA Agreement by the EEA 
Joint Committee on 2 July 2010.  Its decision regarding CRD III is still pending.   
51 Ministry of Finance, press rel ease, "Endringer i forskrifter på  finansmarkedsområdet" (in 
Norwegian), 20 December 2010.  Vi ewed at: http://www.regjeringen.no/ nb/dep/fin/aktuelt/nyheter/2010/ 
endringer-i-forskrifter-pa-finansmarkeds.html?id=629522. 
52 According to Eksportfinans, ei ght loans (secured by bank guarantees) exceeded this limit at the end 
of 2011, and five of these loans would still be above the 25% limit one year later. 
53 Office of the Prime Minister, press release.  "Sta ten sikrer finansiering til norsk eksport industry", 
10 November 2011.  Viewed at: http://www.regjeri ngen.no/en/dep/smk/pressesenter/pressemeldinger/2011/ 
staten-sikrer-finansiering-til-norsk-eks.html?id=663610.  
54 Standard and Poor's, which had rated Eksportfinans AA (negative outlook) in June 2011, 
successively downgraded  the company to reach BB+ (n egative outlook) in February 2012, and in a seven-step 
downgrade Moody's Investor Service took Eksportfinan s from Aa1 (outlook stable) in April 2011 to Ba1 
(review for further downgrade) in January 2012.  As a result of the falling market value of its debt, 
Eksportfinans booked as extraordinary income an unreal ized gain of NKr 42 billion on its own bond debt 
in 2011, compared with an ordinary income (before ta x) of approximately NKr 1.3 billion for the full year.   
55 Having experienced difficulties in obtaining regular funding at competitive rates during the financial 
crisis, Eksportfinans concluded an ag reement with the Norwegian Governme nt in November 2008, allowing it 
to borrow up to NKr 50 billion directly from the State during 2009 and 2010.  The option was never used, but 
Eksportfinans considered  the agreement an important safety net.   Norway WT/TPR/S/269/Rev.1 
 Page 47 
 
 
  by the Government to be adequate to meet the needs of the Norwegian export industry in the long 
run".56   
56. The Government presented a bill to Parliament concerning the establishment of the new entity 
on 27 April 2012.  Eksportkreditt Norge AS is to ma nage the export financing scheme on behalf of the 
State.  The statutory liability for the company's ac tivities will, in principle, lie with the company and 
not with the State as owner.57  The company is not to carry out hedging transactions, or practice asset 
management.  The company's provision of market loans will be notified to the EFTA Surveillance 
Authority. 
(c) Export guarantees 
57. The Norwegian Guarantee Institute for Export Cr edits (GIEK), reporting to the Ministry of 
Trade and Industry, is a central government agen cy issuing guarantees on behalf of the Norwegian 
State for export credits and inv estments abroad.  The GIEK covers  more than 150 countries, and has 
established limits for its general guarantee scheme (NKr 120 billion) as well as  a separate scheme for 
exports to (and investments in) de veloping countries (NKr 3.15 billion).  The GIEK may guarantee 
buyer credits, supplier credits, pre-shipment, bonds, i nvestments, building loan s, tenders, letters of 
credit, and the purchase of electricity on long-term contracts58, or offer credit insurance through its 
subsidiary GIEK Kredittforsikring AS.  The c onditions attached to guarantees follow the OECD 
Arrangement on Officially Supported Export Credits.   The GIEK is a member of the Berne Union, 
and participates in the Norwegian delegation to meet ings of the Paris Club.  The GIEK may cover up 
to 90% of the risk amount for commercial risk, a nd up to 100% when covering political risk only. 
58. The statutes of the GIEK, established by Royal Decree on 22 December 1999, were amended 
in September 2010 to extend its mandate to projects "that significantly promote Norwegian interests".  
The new principle was applied for the first time in  February 2012, allowing the GIEK to guarantee 
sales to Romania by the Kverneland Group without re quiring a minimum 30% of the order to be filled 
from its production plant in Norway.59 
59. About NKr 50 billion worth of goods and servi ces were exported with guarantees issued by 
the GIEK in 2010.60  According to the GIEK, the global fina ncial crisis has had little effect on its 
activities. Indemnifications totalling a fairly mod est NKr 31 million were paid in 2010, and a further 
NKr 59 million in 2011.  As the GIEK's portfolio is  concentrated around the maritime sector and the 
oil and gas industry, risk is perceived to stem  primarily from movements in the price of oil. 
(v) Export promotion and marketing assistance 
60. The assistance and promotional activities of va rious institutions were amalgamated into 
Innovation Norway on 1 January 2004.  Wholly st ate-owned at the outset, Innovation Norway has 
been co-owned by the Ministry of Trade and Industry (51%) and Norwegian counties (49%) since 
1 January 2010.  The institution plays a key role in the Government's policy of fostering competitive 
                                                      
56 Eksportfinans (2012). 
57 The Ministry proposes that the State shall be liable for obligatio ns incurred by the company in 
connection with its lending activities, but not ob ligations associated with its operations.   
58 The guarantees, which cover purchases by the powe r-intensive industry on long-term contracts, may 
be given to the sellers or to banks and other lenders financing the purchases.   
59 Kverneland Group is a Norwegian-based producer of agricultural machinery with plants in Norway 
and seven other countries.   
60 GIEK (2010).  WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 48 
  
  and profitable business development in all part of No rway based on innovation,  international outlook, 
and visibility.  It is the executing agency for a number of programmes administered by ministries and 
local authorities in the areas of business finance,  industrial know-how, marketing, networking, and 
advisory services.  It is also responsible for mark eting tourism in Norway.  In addition to its head 
office, Innovation Norway employs staff at 22 regional and local offices in Norway, and in 
30 international representations.61  Innovation Norway has an agreement with the Ministry of Foreign 
Affairs (since March 2007), whereby the Ministry's staff will represent the interests of Innovation Norway in markets where the instituti on does not have its own office.   
61. Government expenditures on export promotion a nd business development of SMEs have been 
relatively stable over the years, amounting to NKr 16.5 million in 2009 and NKr 21.5 million in 2010.  
Support is provided in the form of reduced prices for the services of Innovation Norway in connection 
with market research, surveys,  seminars, and training.   
62. For the marketing of Norwegian seafood, the Norwegian Seafood Council (NSC) works 
closely with its owner, the Ministry of Fisheries and Coastal Affairs.
62  The NSC focuses mainly on 
joint marketing with the exporting enterprises, mark et information (including trade measures applied 
by other countries);  and communication and reput ational risk management.  Advisory marketing 
groups have been established for the five most im portant segments, i.e. Norwegian salmon and fjord 
trout; ground fish; prawns and she llfish; conventional products such as stock fish and salted fish; and 
pelagic products.  Headquartered in northern No rway (Tromsø), the NSC has been expanding its 
activities in recent years, and currently h as local presence in 12 major export markets.63  The NSC's 
budget for 2012 is NKr 414 million.   
(4) MEASURES AFFECTING PRODUCTION AND TRADE  
(i) Subsidies 
63. Norway's participation in the EEA implies th at its legal framework and practices for the 
granting of state aid must be consistent with the disciplines of the European Union in all areas except 
for assistance to agriculture and fisheries (i .e. the parts not covered by EEA Agreement).64  A s  a  
general rule, public aid that distorts or threatens to distort competition and affects trade between EEA 
members is incompatible with the EEA Agreemen t.  Norway's legal framework for state aid 
comprises the Law No. 117 on State Aid of 27 November 1992, and four regulations.65   
                                                      
61 A number of programmes and schemes were stepped up to balance the effects of the financial crisis.  
At the end of 2010, the human resources of Innovatio n Norway were distribute d between the head office 
(272.8 man-years), elsewhere in Norw ay (326.7 m-y), and abroad (202.6 m-y).  As the crisis abated, the 
organization was downsized in 2011 to its pre-crisis level.   
62 As noted above, the NSC is 100% state-owned, but normally financed by the industry itself through 
registration fees and a levy on exports of fish and fish products.  In 2009, the Ministry of Fisheries and Coastal 
Affairs provided the NSC with an a dditional NKr 25.5 million for the joint marketing of Norwegian cod.   
63 The overseas offices are located in Stockholm, Hamburg, Paris, Madrid, Lisbon, Milan, Moscow, 
Rio de Janeiro, Tokyo, Singapore, Beijing, and Boston.   
64 The basic rules on state aid are laid down in Ar ticles 59, 61 and 62 of the EEA Agreement.  The 
definition of state aid is not limited to assistance provided by the central government, but includes assistance 
provided by regional or local authorities.   
65 These are the Regulation No. 907 on state aid of 4 December 1992, Regulation No. 246 regarding 
state aid to the shipbuilding sector of 19 March 1999 , Regulation No. 1213 regarding state aid that can be 
initiated without prior notification and approval from th e EFTA Surveillance Authority of 14 November 2008; 
and Regulation No. 1323 regarding the procedural rules on state aid of 30 October 2009.  These regulations Norway WT/TPR/S/269/Rev.1 
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  64. The EU system is implemented symmetri cally in the EFTA members, whereby the 
competencies of the European Commission for th e 27 EU member States are assumed by the EFTA 
Surveillance Authority for the three EFTA memb ers.  The EFTA Surveillance Authority has 
discretionary competence in deciding whether st ate aid is compatible with the EEA Agreement, 
approved conditionally, or declared illegal.  An EFTA member government disputing the decision of 
the Authority may bring the matter before the EFTA Court for final decision.66  The Court may also 
hear cases brought before it by private parties, e.g.  the competitors of recipients of aid under schemes 
accepted by the Authority.67   
65. Norway notified 63 existing aid schemes to th e EFTA Surveillance Authority with the entry 
into force of the EEA Agreement in 1994, all of which were continued.68  New schemes must be 
notified and approved by the EFTA Surveillance Aut hority before any disbursements may be made.  
In Norway, all new aid schemes of central or local authorities are reported to the Ministry of Government Administration, Reform and Church Affairs, which notifies the Authority.  The 
Authority will consider illegal any payment unde r a non-notified scheme, or excess payments under 
notified measures.
69  Between 1994 and 2009, the EFTA Surv eillance Authority decided a total 
of 222 cases relating to state aid provided by No rwegian authorities, and in only 6 ordered the 
repayment of illegally disbursed aid.70   
66. Based on the same criteria as the European Commission, the EFTA Surveillance Authority 
compiles an annual State Aid Scoreboard for its th ree members, allowing a comparison of state aid 
over time across the EEA.  These figures indicate that the level of non-agricultural support provided 
by Norway fell between 1995 and 2006, but that rising support from 2007 to 2009 has taken Norway 
above the EEA average (aid measured in per cent of  GDP).  According to the Authority, state aid 
expenditure by Norway increased slightly, from €2. 842 billion in 2009 to €2. 848 billion in 2010 and, 
at 0.91% of GDP, remained high compared to other EEA members.71  Around 96% of Norway's aid is 
granted in pursuit of horizontal objectives, i.e. regional development, envi ronmental protection or 
research, development and innovation.   
67. As state aid is an area where much of the EU acquis  has been developed by the European 
Commission through guidelines on how to apply the rules (soft law), the EFTA Surveillance 
                                                                                                                                                                     
correspond to the EU rules on state ai d, and Norway does not have legislation supplementary to the EU rules in 
this area.   
66 Two cases involving Norway have been brought befo re the EFTA Court of Justice.  These concerned 
the regionally differentiated social security contributions by employers (1999) and exemption from electricity 
tax (2005).  Both schemes have been continued, although in modified form.   
67 Six such cases involving Norway have been brought before the Court.  The Court dismissed three of 
them on procedural grounds.   
68 The EFTA Surveillance Authority  accepted 44 aid schemes without change, and stipulated that 
modifications be made to 19 schemes.  
69 As well as examining notified schemes, the EFTA Surveillance Authority monitors assistance in 
EFTA members, and may launch an investigation into the legality of an aid scheme or specific support measures 
on its own initiative or on the basis of complaints.  For example, the Authority opened a formal investigation 
concerning the sale of electricity (concession power) at a fixed price by a local authority (Narvik Municipality) 
to a local enterprise (Nar vik Energi AS) in December 2011.  EFTA Su rveillance Authority online information.  
Viewed at: http://www.eftasurv. int/press--publications/press-re leases/state-aid/nr/1566.   
70 For example, repayments have been ordered in connection with the initial valuation of state-owned 
assets in the establishment of new (state-owned) commerc ially oriented entities.  The low level of disagreement 
is also a sign that authorities consult with the Authority as aid measures are being contemplated or designed.   
71 EFTA Surveillance Authority online information.   Viewed at:  http://www.eftasurv.int/press--
publications/press-releases/state-aid/nr/1602.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 50 
  
  Authority works closely with the Commission and h as adopted various guidelines (broadly reflecting 
the position in the EU) explaining in detail how the Authority will interpret the rules and the 
procedures to be followed in the granting of aid.   The Ministry of Government Administration, 
Reform and Church Affairs has also issued a guide (in Norwegian) on state aid rules in the EEA for 
use by public authorities.72  Since its last TPR, Norway has amended its legislation (in 2008) to 
incorporate legal acts by the Commission concerni ng compatible categories of aid (general block 
exemption), de minimis  aid, and the granting of public service compensation.  In addition, the 
procedural rules on state aid from 2003 were re placed by a new regulation in October 2009.73   
68. Norway notifies support programmes to the WT O pursuant to Article XVI:1 of the GATT 
1994 and Article 25 of the Agreement on Subsidi es and Countervailing Measures (Table III.10).  The 
figures indicate a significant increase in non-agricult ural support since 2005, mainly due to increased 
expenditures on research and development progra mmes, environmental schemes, and additional 
support to the forestry sector.74   
Table III.10 
Industry-wide and selected sector-spe cific support programmes, 2009 and 2010 
(NKr million)  
Initiation  
year Expiry Type of programme/project Measure Estimated 
subsidy in 2009 Estimated 
subsidy in 2010 
Research and development  3,339.3  4,100.7  
1968 - Research and development contracts Grant 269.5 322.0 
1994 - Industrial research and development programmes Grant 947.9 857.9 
2002  - Tax credit for expenses on R&D Tax credit 1,028.0a 1,140.0a 
2005 2015 Gassnova Aid Scheme Grant 28.6 52.5 
2006 2013 Wood-based innovation scheme Grant 57.4 30.5 
2008 2016 Centres for Research-based Information Grant 154.3 162.4 
2009 2017 CO 2 Technology Centre Mongstad Grant 853.6 1,535.4 
Disadvantaged regions  807.1  803.7  
1987 - Regional Investment Grant Grant/Loan 225.0 149.5 
 - Scheme for newly established small enterprises Grant 14.9 26.0 
1968 - Norwegian Corporation for Industrial Estates and 
Development (SIVA) Innovation and 
networks 25.9 31.4 
 - Regional development scheme Grant 6.8 11.8 
  Regional development grant Grant 146.3 148.6 
  Regional transport aid Grant 25.9 26.0 
  SME-aid for regional development Grant 205.5 270.1 
  Training aid for regional development Grant 156.8 140.3 
Small and medium-sized companies  317.9 428.5  
1993 - National innovation scheme Grant/Soft 
Loan/Guarantee 307.8 413.4 
1998 - Seed Capital Funds Loans 10.1b 15.1b 
Table III.10 (cont'd) 
                                                      
72 The guidelines of the EFTA Surveillance Author ity comprise more than 600 pages.  The 2011 
edition of the Ministry's guide is 170 pages long. 
73 Regulation No. 1323 incorporates into Norwegian law Part II of Protocol 3 to the Agreement on the 
establishment of a Surveillance Authority and a Court of Justice, and the EFTA Surveillance Authority's 
Decision 195/04/COL, as amended by Decision 789/08/COL.   
74 For 2005 figures see WTO (2008).  The trend is the same as reported by the EFTA Surveillance 
Authority, although the figures do not match due to differences in definitions and notification requirements in 
the WTO and under the EEA. Norway WT/TPR/S/269/Rev.1 
 Page 51 
 
 
  Initiation  
year Expiry Type of programme/project Measure Estimated 
subsidy in 2009 Estimated 
subsidy in 2010 
Environment  673.8  1,188.3  
1990 2011 Aid for development, and knowledge and 
information on sustainable production and 
consumption One-off investment 
grant to projects.  
Financial support to 
some companies 24.1 21.2 
2002  The Energy Fund Grant 585.7 1,033.6 
2003 2013 The Bioenergy Scheme Grant 64.0 69.4 
2009  TRANSNOVA Grant/Investment 
support 0 64.1 
Export promotion  183.0  387.5  
2004c - Export Development Programme for SMEs 
(Entrepreneur Programme) Reduced prices for 
the services of 
Innovation Norway 16.5 21.5 
1978 - Export Credit Financing Scheme Interest rate support 
and currency risk 
alleviation 166.5 366.0 
1929 - Export Credit Guarantee Guarantee .. .. 
Specific industry sectors  664.1 738.8  
1993 - 
- Exemption from electricity tax for energy 
intensive industries, paper and pulp industry, and 
greenhouses Tax concession 147.0 157.0 
1993 & 
2000 - CO 2 tax reduction on mineral oils and exemption 
from mineral oil tax for fishing vessels, paper 
and pulp, pigments and colouring agents, herring 
meal, and fish meal industries Tax concession 212.6 258.8 
1969 - Press grant scheme Grant 264.5 272.9 
1987 - National programmes for the promotion of 
Norwegian space industry Grant 23.3 31.8 
2006 - Research, development, and innovation (in the 
maritime industry) Grant 16.7 18.3 
Fishery sector  56.7  41.4 
1964 - Transport support Grant 43.1 33.0 
2003 2008 Support to the modernization and capacity 
adjustment of the fishing fleet; decommissioning 
grant - the Structural Fund Capacity reduction 5.5d 0 
  Sealing Grant 8.1 8.4 
Forestry sector  420.8 471.3  
1965 - Tax concessions in forestry:  the Forest Trust 
Fund, and the Five-year Average Tax 
Assessment Tax concession 280.0 265.0 
1971 - Subsidies for forest management planning Grant 20.0 37.4 
2004 - Subsidies for industrial and environmental 
purposes in forestrye Grant 104.0 137.0 
1976 - Subsidies for forest infrastructure  Grant 1.8 0.7 
 2014 Subsidies for the production of energy wood Grant 15.0 31.2 
Total support (excluding agriculture)  6,462.7  8,160.2  
Agriculture     
  Support under the annual Agricultural 
Agreement (see Chapter IV)  10,754.7 
  
.. 
Total support (including agriculture)  17,217.4  .. 
.. Not available. 
- No expiry date. 
a Recorded costs to the Government.  The tax credit is 20% of R&D expenses; 18% for large enterprises.   
b Total loans allocated to the funds are NKr 1,367 million.   The total losses amount to NKr 341.75 million.   
c In 2004, Innovation Norway was established, and has been res ponsible for administering the Export Development Programme for 
SMEs, formerly administered by the Export Council. 
d These figures include 50% fina ncing towards decommissioning. 
e This scheme replaces five schemes:  (1) Subsidies for silvicul ture;  (2) Subsidies for construction of forest roads;  (3) Sub sidies for 
conservation and enhancement of environmental values in forestry;  (4) Nationa l grant for environmental consideration when 
harvesting round wood in diffi cult terrain;  and (5) Subsidies for manual thinning. 
Source:  WTO document G/SCM/N/220/NOR, 2 September 2011;  and informati on provided by the authorities.  WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 52 
  
  69. Many of the support programmes have been in existence for decades, and have been 
described in detail in previous TPR reports.  As  a general rule, subsidy schemes for research and 
development are administered by Innovation Norway or the Research Council of Norway, while Innovation Norway is the main business support in stitution.  Among the most prominent schemes 
introduced recently are the CO
2 Technology Centre Mongstad Project, the Norwegian Centres for 
Research-based Innovation (CRIs), and Transnova.   
70. The Technology Centre Mongstad (TCM) has been set up to test, verify, and demonstrate 
different concepts and technologies for large-scal e capture of carbon using two different sources of 
flue gas.  Construction of the centre began in 2009 with completion foreseen in 2012.  The TCM 
project is expected to operate for a minimum of five years.  Organized as an unlimited company with 
shared liability, the owners are the Norwegian Stat e (75.12%), Statoil (20%), Shell (2.44%), and 
SASOL (2.44%).  The State's participation is ma naged by Gassnova SF, which also administers the 
subsidy scheme on behalf of the Ministry of Petroleum and Energy.   
71. The CRI scheme involves the cooperation of pr ivate enterprises and public bodies in a host 
institution/partner relationship supported by gran ts from the Research Council of Norway.  The 
scheme is aimed at large, internationally oriented  enterprises and research-intensive SMEs.  Whereas 
the host institution (university, non-profit research ins titute, or undertaking with a renowned research 
arm) must be located in Norway, no such conditions apply to the partners, which may be even foreign 
companies without operations in Norway.   
72. Transnova, established in 2009, is a project orga nization within the Norwegian Public Roads 
Administration, reporting to the Ministry of Tran sport and Communication.  Transnova supports the 
development of green transport technologies and tr ansport practices leading to zero or low greenhouse 
gas emissions.  Transnova received NKr 152 milli on in grants through the state budgets for 2009 
and 2010, but only committed project funding in its start-up year.  The disbursements in 2010 were allocated to several projects, mostly relate d to the promotion of renewable fuels.   
73. In addition to the programmes mentioned in  Table III.10, the Norwegian Government 
provided NKr 150 million in 2009 to the funds of fo ur municipalities in northern Norway to support 
their economic development and mitigate disadvantages stemming from the preservation of a local river system.  The funds have been set up to conform to the general block exemption and the de 
minimis  rules under the EEA state aid framework.  Also in 2009, the Ministry of Trade and Industry 
established a scheme for enterprises that cooperate  in their purchase of electricity on long-term 
contracts.  The scheme is administered by In novation Norway and aimed at energy-intensive 
enterprises in the timber and wood ware, pulp and pape r, chemical product, and metal industries.  As 
payments are limited to €200,000 for each enterprise over a three-year period, the scheme is defined 
as de minimis  aid under the EEA framework.   
74. The global financial crisis had a significan t impact on the national innovation scheme for 
SMEs, leading to a major increase in the grants , soft loans, and guarantees disbursed through 
Innovation Norway.  As noted above, the cost of government-supported export credits also escalated 
during 2009 and 2010.  Otherwise, as Norway has fared reasonably well through the global economic 
upheavals, the recent increase in non- agricultural support does not appear to have been a short-term 
response to external shocks, but a shift driv en largely by increasing focus on research and 
development, environmental ambitions, a nd other domestic political priorities.   
75. Investinor AS was established as a wholly owned subsidiary of Innovation Norway 
in February 2008.  Investinor, a state-owned inv estment company with equity of NKr 2.2 billion, Norway WT/TPR/S/269/Rev.1 
 Page 53 
 
 
  provides venture capital to internationally oriented  and competitive Norwegian enterprises in their 
early growth and expansion stage.  Its equity w as increased by NKr 1.5 billion in the national budget 
for 2012.  Investinor invests primarily in sectors with potential for further growth in which Norway 
already has a strong position.   
76. In April 2012, the Government presente d a white paper on innovation and industrial 
development, evaluating the existing tools and pr oposing further measures to provide effective 
support.75  Innovation Norway and the Norwegian Corporation for Industrial Estates and 
Development (SIVA) are key agencies in a strategy to strengthen the international orientation of 
Norwegian businesses, and more elaborate and form alized cooperation is foreseen between the two 
institutions.  Procedures at Innovation Norway are to  be streamlined to make the organization more 
accessible and user-friendly.  The white paper proposes an enlarged investment role for Investinor, 
and to transfer its ownership from Innovation Norway  to the Ministry of Trade and Industry.  Six 
additional nationwide "seed capital" funds are also envisaged.  The establishment of an Invest in 
Norway unit within Innovation Norway is designe d to support foreign investment in Norwegian 
enterprises.   
77. Through the EEA Agreement, Norway par ticipates in EU framework programmes on 
research, and other programmes of EEA relevance in  areas such as education, training, youth, culture, 
media, consumer affairs, employme nt, competitiveness, and statistics.76  Norway also participates in a 
number of European agencies.  The EEA Agreemen t regulates the participation costs of the EFTA 
members.  Norway's net contribution to EU programmes, activities, and agencies amounts to 
€198.8 million in 2012, of which €161.6 million is allocated to research.   
(ii) Standards, technical regulatio ns, and conformity assessment 
(a) Standards 
78. Norway has three standardization bodies, i. e. Standards Norway (SN), the Norwegian 
Electrotechnical Committee (NEK), and the Norwegian Post and Telecommunications Authority (PT).  In addition, Standard Online AS is respons ible for the marketing and sale of standards and 
related products.
77   
79. Standards Norway is Norway's enquiry point under the WTO Agreement on Technical 
Barriers to Trade, and the Norwegian member of  ISO and CEN.  SN adopts and publishes around 
1,500 new standards annually.  NEK, which is th e Norwegian member of CENELEC and IEC, adopts 
and publishes some 300 new electrotechnical standa rds every year.  As the Norwegian national 
member of ETSI and ITU, PT coordinates inte rnational and European work on post- and 
telecommunication standardization.  Standard s Norway and the Norwegian Electrotechnical 
Committee accepted the Code of Good Practice for th e Preparation, Adoption, and Application of 
Standards in 2008.78  At the end of 2011, about 15,000 No rwegian standards were in effect.  
Approximately 95% of all new Norwegian standa rds originate in Eur opean standards.   
80. In 2007, the Ministry of Trade and Industr y commissioned Standards Norway to develop a 
national standardization strategy as part of th e Government's policy of fostering innovation and 
technical expertise.  The strategy was presented in 2008.  Norway sees itself as a world leader in the 
                                                      
75 Ministry of Trade and Industry (2012).   
76 EFTA Secretariat online information.  Viewed at:  http://www.efta.int. 
77 Standard Online is owned by SN (80%) and NEK (20%).   
78 WTO document G/TBT/CS/2/Rev.14, 20 February 2008.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 54 
  
  setting of standards within the petroleum industr y, information technologies, mapping and related 
services, construction designs, steel, aluminium, and magnesium, and gives priority to maintaining and developing its cutting edge.   
(b) Technical regulations 
81. As an EEA member, Norway is required to adopt harmonized EU technical regulations.
79  
The technical regulations are integrated into th e EEA Agreement by Decisions of the EEA Joint 
Committee.  The Joint Committee Decisions may include  technical or substantive adaptations, thereby 
allowing the EFTA members to apply different or more stringent provisions than EU member States.80  
A product placed on the market in an EEA memb er in accordance with harmonized technical 
regulations may circulate freely within the entire EEA.   
82. The EEA Agreement does not prevent Norway from developing its own national technical 
regulations.  However, prior to adoption, tim e must be allowed for comments from other EEA 
members.  Draft national technical regulations are notified and maintained in a pan-European 
database (Technical Regulations Information System -TRIS) in accordance with Directive 98/34/EC of 
the European Parliament and the Council.  Du ring 2008-11, Norway provided 41 draft national 
technical regulations to the TRIS database.81  Once a national technical regulation has been adopted, 
the principle of mutual recognition applies within the EEA.   
83. Norway notifies to the WTO only draft technical  regulations that are purely national, i.e. 
those that differ from harmonized or adapted EU technical regulations.  While Norway notified 
16 draft technical regulations during 2004-07, only 3 have been notified since then.  These concern 
labelling requirements on fish produc ts, radio equipment installed in aircraft registered in Norway, 
and a revised proposal introducing limits on four specific hazardous substances (lead, PCP, PFOA, 
and MCCP) in certain consumer products.82  Norway does not notify technical regulations that have 
been adopted.   
84. Norway has harmonized fully its labelling and packaging requirements for medicinal products 
with the EU a cquis .  Amendments introduced through Dir ective 2004/27/EC were transposed into 
Norwegian law in Regulation No. 1839 of 18 Dece mber 2009.  Norway has implemented Directive 
2001/37/EC concerning the manufacture, sale, and presentation of tobacco products by amending the Tobacco Control Act of 1973 and Regulations No . 141 of 6 February 2003.  Regulation No. 967 
of 1 July 2009 on the labelling of fish products is intended to enable consumers to make informed 
choices and to promote seafood quality.  The require d information elements are species designation, 
production method, date of catch or slaughter, and catch area or country of origin.  Norway has also 
adopted a regulation to implement Regulation No . 1272/2008/EC on the classification, labelling and 
packaging of dangerous substa nces and mixtures (the CLP Regulation) as well as Regulation 
                                                      
79 Annex 2 to the EEA Agreement covers technical re gulations, standards, testing, and certification.  
Norway may participate in the technical committee work leading to the decision-making stage of the EU 
legislative process.   
80 The composition of the EEA Joint Committee and the fact that its decisions are taken by consensus 
means that any adaptations of EU technical regulatio ns must be accepted by the European Commission.    
81 The notifications are submitted by the EFTA Su rveillance Authority on behalf of Norway.   
82 WTO document G/TBT/N/NOR/18, 19 November 2009; G/TBT/N/NOR/19, 11 December 2009; 
and G/TBT/N/NOR/17/Rev.1, 20 Decembe r 2011.  Concerns have been rais ed in the TBT Committee regarding 
Norway's initial proposal to re gulate the four hazardous substances in  consumer products, notified to the WTO 
in June 2007.   Norway WT/TPR/S/269/Rev.1 
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  No. 440/2010/EU on fees in connection with CLP.  However, the Norwegian regulation has not yet 
entered into force as the EEA Joint Committee Decision is still pending.   
(c) Conformity assessment procedures 
85. Norway's conformity assessment requirements vary according to the product.  A supplier's 
declaration of conformity (SDOC) may suffice in many instances.  If third-party intervention by a 
designated body is required, the assessment of confor mity by such a body of an EEA member will be 
recognized throughout the EEA.  However, not all directives require SDOC or third-party 
intervention.   
86. Annex I to the EFTA Convention provides the fr amework for mutual recognition in relation 
to conformity assessment among the EFTA countries.83  Further to Protocol 12 of the EEA 
Agreement, which stipulates that the EU will negot iate mutual recognition agreements (MRAs) with 
third countries on the basis that the third countries will conclude equivalent  and parallel MRAs with 
the EEA-EFTA members, such MRAs are in force with New Zealand, Australia, Canada, and the 
United States.84  A new protocol on mutual recognition of conformity assessment of products 
(Protocol E) was added to the EFTA-Turkey Free Trade Agreement in December 2009.   
87. Norway also recognizes certification from testi ng institutions in third countries, accredited 
according to international norms and published in the Official Journal of the European Union .  
Market surveillance in Norway is  carried out using product samples,  spot checks in the domestic 
market, and customs inspections.   
(iii) Sanitary and phytosanitary measures 
88. Norway is a member of the Codex Alimentari us Commission, and the World Organization for 
Animal Health (OIE), and adheres to the Interna tional Plant Protection Convention.  Parts of the 
veterinary and food legislati on were covered by the EEA Agreement from the outset.  Under 
Article 118, the Agreement was extended in 1998 to include certain veterinary and food safety 
matters, notably border inspections (third-count ry legislation).  Although Norway has not 
implemented fully the EU acquis  in the area of plant health, its le gislation relating to plant health is 
consistent with EU legislation accord ing to the Norwegian authorities.   
89. The EU acquis  relating to SPS is updated continuously, and specific new legal acts pertaining 
to food safety and veterinary matters are incorpor ated into the EEA Agreement through decisions of 
the EEA Joint Committee.  Each Joint Committee meeting normally  has before it for adoption a 
package of new food and veterinary legislation.  Moreover, the simplified procedure introduced to 
accommodate action in the SPS area (see Chapter II)  allows for simultaneous implementation in the 
EU and EEA EFTA members, when emergency measure s are taken, for example in response to an 
outbreak of animal diseases in third countries.85  The EFTA Surveillance Authority is empowered to 
carry out inspections in the EEA EFTA members to verify the application of food and veterinary 
legislation by the national authorities.  The Authority routinely carries out inspections in Norway, but 
                                                      
83 The scope of Annex I is identical to that of the Agreement between the EU and Switzerland on 
mutual recognition in relation to conformity assessment,  last amended by Joint Committee Decision 1/2009 of 
21 December 2009.    
84 Norway has not signed any MRAs that are not based on Protocol 12. 
85 Food safety and veterinary legislation represents almost 40% of all legal acts incorporated through 
EEA Agreement.  Since 1999, the simplified procedure has been applied to approximately 800 legal acts, most 
of which have been of a temporary nature.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 56 
  
  the object of control (e.g. meat processing, dair y, seafood, or border control) may vary.  The EFTA 
Surveillance Authority is also involved in running the Rapid Alert System for Food and Feed (RASFF), a notification system for risks to human health.   
90. SPS responsibilities are divided between the Mini stries of Agriculture and Food, Fisheries 
and Coastal Affairs, and Health and Care Services , while implementation is primarily performed by 
the Norwegian Food Safety Authority (NFSA).
86  The NFSA represents Norway in a number of 
committees and working groups under the Directorat e-General Health & Consumers (DG Sanco) of 
the European Commission, most notably in the Standing Committee on the Food Chain and Animal 
Health.  Thus, Norway participates in most of  the EU technical work on par with the EU 
member states.   
91. Norway's Act on Food Production and Food  Safety, which entered into force 
on 1 January 2004, governs the entire food chain, including plant and animal health.  The Act is supplemented by a large number of regulations.  Ke y regulations relating to Norway's implementation 
of the EU Food Law regulation and the Hygiene P ackage, incorporated into the EEA Agreement by 
the EEA Joint Committee in October 2007, entered into force on 1 March 2010.
87  Norway revised all 
sanitary rules and regulations in August 2008 to  implement the EU fish health directive.88  
Regulations have been adopted setting requirement s for the operation of aquaculture facilities (2008), 
and aquaculture activity in or close to national salm on rivers or fjords (2009) , the reduction of lice in 
aquaculture installations (2009 and 2011), and ch anges in the technical requirements for floating 
aquaculture facilities (2011) to prev ent the escape of fish.  Norway changed its quarantine regulations 
for pets with effect from 1 January 2012.  Wher eas quarantine was previously mandatory, pets from 
countries outside the EEA may no longer need to be  detained in quarantine if all requirements for 
veterinary documentation are met.  However, a ll pets from non-approved countries outside the EEA 
are to be inspected by the NFSA.89   
92. A new Animal Welfare Act, adopted in 2009,  entered into force on 1 January 2010.   
93. Norway's national measures with respect to plan t health continue to be based on Regulations 
No. 1333 relating to plants and measures against p ests of 1 December 2000, as amended.  The most 
recent revision of the regulations was in January 2012 and covered, inter alia, the general import 
requirements concerning phytosanitary certificates (A rticles 19 and 20), and changes in the list of 
regulated pests.  According to the NFSA, the genera l provisions of the regulations relating to imports 
are currently under review to align them with actua l practice, notably concerning the designation of 
specialized customs offices; unloading, retention,  and release from customs; the summary declaration 
system (MATS); and the respectiv e responsibilities and obligations of  the importers, customs agents, 
or recipients of the imported goods.   
94. The European Food Safety Authority (EFSA ) undertakes risk assessment for harmonized 
EEA SPS measures.  Risk assessment for national measu res is carried out by the Norwegian Scientific 
                                                      
86 For WTO matters, the Ministry of Agriculture and Food is Norway 's national enquiry point for SPS 
issues, while the Ministry of Foreign Affairs is the national notification authority.   
87 The Norwegian legislation comprises Regulations Nos. 1620 to 1624 of 22 December 2008, which 
correspond to Regulation (EC) No. 178/2002; Regulation (EC) No. 852/2004;  Regulation (EC) No. 853/2004;  
Regulation (EC) No. 854/2004;  and Regulation (EC) No. 882/2004.   
88 Council Directive 2006/88/EC, 24 October 2006. 
89 Pets from other EEA countries are subject to cu stoms inspection.  If the documentation requirement 
is not satisfied, the customs authority  will inform the NFSA and place the animal in a temporary kennel until it 
can be inspected by a veterinarian. Norway WT/TPR/S/269/Rev.1 
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  Committee for Food Safety, normally within a period ranging from three months to one year.  The 
NFSA performs risk-based inspections and monito rs food safety as well as plant, fish, and animal 
health.   
95. Norwegian legislation pertaining to living gene tically modified organisms (GMOs) is based 
on the Gene Technology Act (1993), which corresponds  to directive 2001/18/EC.  The directive has 
been incorporated into the EEA Agreement.  Regulations regardi ng impact assessment and import, 
export, transport, and labelling entered into force in 2005.  Exporters of GMOs to non-EEA countries 
are required to obtain prior approval from the compet ent national authority in the country of import.  
GMOs approved under directive 2001/18/EC by other EEA members do not require prior approval in 
Norway.90  However, Norway has reserved the right to  apply restrictions or prohibitions on GMOs 
considered to involve a risk to health or the enviro nment, or otherwise contrary to the requirements of 
the Gene Technology Act.  On this basis, Norway  has prohibited eight GMOs approved by the EU.   
96. The NFSA is continuing its work to implement the EU acquis relating to GMOs in food and 
feedstuff, contained in Regulations (EU) Nos. 1829/2003, 1830/2003, 65/2004, 641/2004 and 
1981/2006, as well as Commission Recommendation No. 2004/787/EC of 4 October 2004.  In 
addition, the Ministry of Agriculture and Food h as requested the NFSA to develop a new national 
framework on co-existence, i.e. to ensure that the cultivation of GMOs may have only a limited 
impact on traditional or ecological farming.  The N FSA has been working closely with the Norwegian 
Agricultural Authority in drafting the proposed regulations.   
97. Since 2008, Norway has provided two regular SPS notifications to the WTO;  one on draft 
regulations relating to the import and release of alien organisms, the other on the proposed 
amendments to Regulations No. 1333 for plants, plan t products, and other regulated articles requiring 
phytosanitary certification for import to Norway.91  Norway only notifies SPS measures that differ 
from what is covered in the EEA Agreement, as  well as emergency measures.  Norway has not 
submitted any emergency notifications to the WTO since September 2008.   
(iv) Free zones and special economic areas 
98. According to the Customs Duty and Movement of Goods Act (Article 4, paragraph 33), free 
zones or free ports may be established in Norway, and the Ministry of Finance is authorized to draft 
regulations for the operation of such zones or por ts.  Customs free zones or free ports must be 
approved by the Ministry of Finance.   
99. Norway has so far not established any free zon es.  However, as of 2012 owners of customs 
warehouses may apply directly to their regiona l customs office for permission to begin export 
processing.  No applications were submitted during the first few months of 2012.   
(v) Transit  
100. Norway is a signatory to the Convention on Common Transit Procedure of 20 May 1987, 
which sets out the common rules and procedures for customs transit operations in the 27 EU member 
states and the four EFTA countries.92  The procedure is generally applicable to the transit of goods 
                                                      
90 Approval is necessary for the import of all other GMOs.   
91 WTO documents G/SPS/N/NOR/30, 7 July 2010, and G/SPS/N/NOR/31, 12 November 2010.   
92 The rules are effectively identical to those of Community transit, which also apply to EU transit 
arrangements with Andorra and San Marino.  This Co nvention and the Convention on the simplification of 
formalities in trade in goods are to be extended to Croatia and Turkey on 1 July 2012.  European Commission WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 58 
  
  from third countries, which are subject to customs duties and other import charges in the country of 
final destination, and goods traded between two signatory states, but passing through a third country.93  
The transit procedure is mostly applie d to goods transported by road.   
101. In Norway, the transit rules are laid down in the Customs Duty and Movement of Goods Act 
(Article 4-22) and in the Customs Regulations.94  The European transit system is electronically based, 
and the electronic system (NCTS) of the Norwegia n Customs and Excise Service is linked with the 
common electronic function in Brussels (NCTS – New Computerized Transit System).  In the electronic transit system, the hard-copy SAD is replaced by an electronic declaration, and goods are identified either as "non-EU status" (T1 goods) or "EU status" (T2 goods).
95  Every year, the 
electronic system handles approximately 180,000 transit declarations on departure (outward) and 
around 650,000 declarations at destination (incoming).   
102. Consignments of "sensitive goods" are always sealed by the customs authorities.96  This 
requirement may be waived for other goods, where the product description allows clear identification 
of the good itself and the quantity.  A customs guarant ee is required for goods in transit, to cover the 
payment of all applicable customs duties and charges, and is placed by the person completing the 
transit declaration and thus considered responsib le for the transportation.  The guarantee may be 
established as an individual guarantee for a single shipment or as a comprehensive guarantee covering 
several transit operations.  The st andard guarantee amounts to €7,000.97   
103. In principle, any kind of good may be carried in transit.  However, authorizations that 
simplify procedures, such as the "authorized cons ignor" may specify categories of goods excluded 
from a streamlined process.  The Norwegian Food Safety Authority levies a fee of NKr 490 per 
consignment, or a time-based fee, for goods in transit.98   
(vi) Countertrade and barter 
104. Like many other countries, Norway uses industrial cooperation arrangements in the 
procurement of military equipment and materials fro m abroad.  Industrial cooperation or "offset" is 
governed by the Regulations on Industrial Co-ope ration and invoked in acquisitions from foreign 
suppliers exceeding the threshold level of NKr 50 milli on.  As a minimum, the offset obligation must 
match the acquisition cost.   
                                                                                                                                                                     
online information.  Viewed at:  http://ec.europa.eu/ taxation_customs/customs/procedural_aspects/transit/ 
common_community/index_en.htm.  
93 The procedure cannot be used when  goods are transported directly to Norway from a non-signatory 
to the Convention, e.g. the Russian Federation.   
94 The Convention and its Annexes I and III are also applicable as a regulation.   
95 An emergency procedure allows the use of hard-c opy transit documents when the electronic system 
is unavailable.   
96 Listed as sensitive goods (Annex I, Appendix 1 to the Convention on Common Transit Procedure) 
are frozen chicken meat and edible offal (HS 0207.12 and 0207.14);  sugar (HS 1701.11, 1701.12, 1701.91, and 
1701.99);  liqueurs and other spirits (HS 2208.20, 2208.30, 2208.40, 2208.50, 2208.60, 2208.70, and ex 2208.90);  cigarettes (HS 2402.20);  and smoking tobacco (HS 2403.10).   
97 The guarantee for sensitive goods can never be le ss than the minimum rate, and is stipulated as 
€2,500 per hl (pure alcohol) for li queurs and spirits (minimum shipment 5 hl), and €120 per 1,000 pieces of 
cigarettes (minimum shipment 35,000 pieces).  These amounts are common European rates (Annex I to the 
Convention on Common Transit Procedure).   
98 The fee is levied pursuant to Regulation No. 307 dated 3 March 2010.   Norway WT/TPR/S/269/Rev.1 
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  105. The Ministry of Defence has overall responsib ility for establishing and implementing offset 
arrangements.  Projects are preferred in areas of strategic importance to the Norwegian defence forces, and implemented in accordance with stated  priorities on the procurement of defence products 
manufactured in Norway, including research and t echnological cooperation, and the procurement of 
high-technology dual-use-based products and services.  Indirect projects are generally preferred, i.e. 
that the foreign supplier purchases Norwegian de fence goods, but not necessarily as inputs in the 
specific order from the Norwegian defence forces.   
106. According to the authorities, Norway's partic ipation in the WTO plurilateral Agreement on 
Government Procurement implies that all government  procurement is covered by the Agreement.  
However, sensitive purchases of the Norwegian Defe nce Logistics Organization and other entities in 
the area of defence are not covered.  The EEA Agreement also regulates defence procurement, and Norway has harmonized its regulations with EU regul ations for public sector procurement.  Thus, the 
basic principle of the EEA is that defence purchas es above specified thresholds are subject to the 
regulations, including provisions on announcement of procurements, the selection of suppliers, and 
contract award announcements.  However, both the EEA Agreement (Article 123) and the Treaty on 
the Functioning of the European Union (Article 346)  exempt certain categories of defence acquisition 
from international bidding, for reasons of  national security or preparedness.   
(vii) Government procurement 
107. Norway was a signatory to the GATT Agreemen t on Government Procurement, and signed 
the plurilateral WTO Agreement on Government Proc urement (GPA) in Marrakesh on 15 April 1994.  
It participated actively in the recent negotiations to  revise the GPA.  According to the deal formally 
adopted on 30 March 2012, Norway will be expanding its obligations considerably by including all 
central government entities, and using a generic de finition (complemented by indicative lists) for sub-
central and other entities covered through Anne xes 1 to 3.  Norway now also includes 
telecommunications services among the covered services listed in Annex 5 to the revised GPA, and it 
has removed some country-specific derogations against other GPA parties.
99  Through EFTA, Norway 
has concluded 24 regional free-trade agreemen ts, covering 33 trading partners (Chapter II)100;  all of 
these FTAs contain provisions on public procurement,  ranging from basic provisions on transparency 
and exchange of information, to detailed procedural rules.   
108. Government procurement is included in the EEA  Agreement, and the Storting adopted a new 
Act on Public Procurement in 1992 to transpose EU directives into Norwegian legislation.  The 1992 
Act was replaced by the Public Procurement Act No . 69 of 16 July 1999.  A regulation implementing 
the EU/EEA rules entered into force in 2001 (Chapter II).101  The regulation also introduced national 
rules supplementary to those arising from No rway's implementation of the EEA Agreement 
(Chapter III).  At present, the Norway's legal fr amework for government proc urement consists of the 
1999 Act together with Regulation No. 402 on p ublic procurement of 7 April 2006, Regulation 
No. 403 on public procurement for the utilities sector of 7 April 2006, and Regulation No. 1288 on the 
Norwegian Complaint Board of 15 November 2002.102  In addition, Regulation No. 112 on pay and 
                                                      
99 Norway's final Appendix I offer is included in WTO document GPA/113, 2 April 2012.   
100 Five of these partners are also signatories to the GPA, i.e. Canada; H ong Kong, China; Israel; 
Korea; and Singapore.   
101 EU/EEA procurement rules for the utilities sector were implemented through a separate regulation 
in 2003.   
102 Regulations Nos. 402 and 403 were amended in September 2010 to include new rules on e-
signatures, thereby also allowing for recognition of fore ign certificates.  The amendments also clarified that 
prior information notices are not mandatory for public procurement.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 60 
  
  working conditions in public contracts was introdu ced on 8 February 2008 reflecting an amendment 
to the Act on 21 December 2007 (new Article 11a).103   
109. Norwegian legislation on public procurement go es further than required under EU/EEA rules 
due to (i) lower national thresholds; (ii) applica tion of procurement rules to "non-priority services"; 
and (iii) differences in implementation and control.  Technically, the distinction is made in Regulation 
No. 402 by organizing the rules for EEA procuremen ts and the rules for lower-value procurements 
and non-priority services as separate chapters.  In Norway, the detailed procedural procurement rules 
apply to all public procurements exceeding NKr 500,000.104  Moreover, a protocol must be established 
for all public procurements exceeding NKr 100, 000.  Non-priority services (Annex II B of 
(Procurement) Directive 2004/18/EC), generally considered less suitable for cross-border 
procurement procedures but nevertheless subject to procurement rules in Norway, refer to, inter alia, 
health and social services, education and vocati onal education services, transport services, and legal 
services.  All contracts subject to open procurement are announced in a Norwegian database (Doffin) and, for the procurements exceeding the EU/EEA  thresholds, notices are also published in the Tenders 
Electronic Daily  (TED), i.e. the online version of the Supplement to the Official Journal of the 
European Union .   
110. Implementation of the procurement rules has been  subject to close public scrutiny in Norway 
in recent years.  In 2008, the Ag ency for Public Management a nd eGovernment (Direktoratet for 
forvaltning og IKT) commissioned a report on irre gularities in public procurement, to understand 
better why such infringements occur.  The report conc luded that the rules were principally broken due 
to insufficient expertise among the procurement offi cers and the procuring bodies, scarce resources, 
and a lack of management support.  The repor t was accompanied by a government white paper, 
presented in May 2009
105, which recommended a range of measur es to enhance management support, 
upgrade skills, improve the internal control, and ex tend the use of e-procurement.  The white paper 
also suggested further consideration of joint proc urements, i.e. coordination of procurement between 
two (or more) government bodies.  The Agency  for Public Management and eGovernment 
subsequently commissioned a report on the benefits  and disadvantages of joint procurement.  The 
report was made public in October 2011.  The Govern ment has adopted a four-year plan (2010-2014) 
to promote more effective use of e-procurement through capacity building and skills enhancement in 
public organizations, and by shar ing the financial cost, so fa r covered by each organization.106   
                                                      
103 Aimed at controlling "social dumping", Regulation No.112 makes it mandatory for contracting 
authorities to require that the pay and working conditions at the supplier should be no worse than those stemming from regulations that make collective agreements  generally applicable, or from nationwide collective 
agreements.  Regulation No. 112 requires the contract au thorities to impose such clauses in services and works 
contracts above the EEA thresholds.   
104 Under the GPA, the thresholds are SDR 5 million for construction services, and SDR 130,000 for 
procurements of goods and services by central government entities (SDR 200,000 at the sub-central level, and 
SDR 400,000 for procurement of goods and services by other entities).  The conversi on values for the EU/EEA 
thresholds in Norwegian kroner have been €133,000=NKr 1,068,066; €206,000=NKr 1,654,298; and 
€5,150,000=NKr 41,357,440 since 19 October 2009 (EFT A Surveillance Authority online information.  Viewed 
at:  http://www.eftasurv.int/internal-m arket-affairs/areas-of-competence/pub lic-procurement/).  In Norway, the 
EU/EEA thresholds are rounded down to NKr 1 million (central government entities), NKr 1.6 million (sub-
central government entities), and NKr 40.5 million (construction services).   
105 White paper, St. Meld nr. 36 (2008-2009):  Det gode innkjøp ) (Norwegian only).   Viewed at:  
http://www.regjeringen.no/nb/dep/fad/dok/regpubl/stm eld/2008-2009/stmeld-nr-36-2008-2009-html?id=559323 
106 It is recognized that the national e-procurement system, although operational since 2002, is not 
being used effectively by all public entities.   Norway WT/TPR/S/269/Rev.1 
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  111. The Office of the Auditor General of Norway (Rik srevisjonen), together with the auditors of 
local government administrations, regularly exam ine whether the procurement rules are being 
followed by public entities.  In 2010, Riksrevi sjonen performed a detailed audit of 32 public 
institutions, examining 616 cases where it ha d previously (during 2006-08) identified 
infringements.107   
112. Appeals of procurement decisions or claims for redress typically arise from complaints by 
suppliers losing out on specific contracts.  The di scontent supplier may raise the matter directly with 
the procuring entity or take the matter to the local court.  In addition, Norway established the Public 
Procurement Complaint Board (KOFA) in 2003, an independent advisory body comprising ten highly 
qualified lawyers.  Although the decisions of KOFA,  as a general rule, are not legally binding, the 
institution handles some 170-290 cases annually and has become a preferred low-cost alternative to 
the court system for the settlement of many procurement disputes.108  Since 2007, KOFA has been 
authorized to impose administrative fines (up to 15% of the contract value) on procuring entities that 
fail to publish the mandatory tender notice.109   
113. Complaints may also be taken before the EFTA Surveillance Authority.  The Authority 
handled a substantial number of cases in the period i mmediately following the en try into force of the 
EEA Agreement, but saw a notable fall in the numbe r of cases referred to it after the establishment of 
KOFA.  As the EFTA Surveillance Authority may raise procurement issues on its own initiative, it has also taken decisions of more general or principled application.
110  Thus, in June 2011, the 
Authority issued a reasoned opinion concerning th e recently added Article 11a to the Norwegian 
Public Procurement Act and Regulation No. 112 on pa y and working conditions in public contracts.  
The Authority is of the view that this Article and the Regulation are contrary to EU/EEA law, 
following a judgement by the European Court of Justice in 2008.111  The Norwegian authorities 
disagree, and have responded formally to the EFTA Su rveillance Authority.  The final decision is still 
pending.112   
114. According to Statistics Norway, the public procurement market amounted to nearly 
NKr 381 billion in 2010, corresponding to 15.1% of Norway's GDP.113  Purchases by local 
government administrations have ri sen more rapidly than central government procurement since 2005.  
This is partly due to reforms in the national ro ads administration, whereby the counties have been 
assuming more responsibilities for the maintenance a nd construction of roads.  Procurement by 
general government enterprises amounted to NKr 77  billion in 2010, roughly at the same nominal 
level as in 2006.  This segment of public procur ement is dominated by purchases in the petroleum 
sector, which fluctuate substantially from one year to another.  According to data provided by the 
                                                      
107 The most common error was the failure to publish tender notices for contract s that, according to the 
rules, should be subject to open procurement.  
108 In 2010, KOFA handled 280 cases, identifying infringements in 123. 
109 Such decisions may be appealed to the national courts.  In connection with Norway's 
implementation of the EU Remedies Directive (Directive 2007/66/EC), th e ministry responsible for public 
procurement, i.e. the Ministry of Government Administration, Reform, and Church Affairs, inter alia,  proposed 
that KOFA may retain its advisory functions, but that its authority to impose fines should be transferred to the 
courts of law.  Parliament adopted this proposal on 27 March 2012.   
110 In 2010, the Authority agreed with the Norwegian authorities that health and social service contracts 
could be reserved for non-profit organizations provided the contracts were awarded in a transparent and 
otherwise non-discriminatory procedure.   
111 See Rüffert C-346/06.   
112 The EFTA Court has so far not received any cases pe rtaining to government procurement decisions.   
113 Statistics Norway online information.  Viewed at: http://www.ssb.no/english/subjects/12/01/offinnkj 
_en/main.html.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 62 
  
  Norwegian authorities, procurements covered by the GPA amounted to approximately NKr 57 billion 
in 2009.114  Statistics on procurement under national ru les versus EU/EEA rules are not readily 
available.115   
115. In the public debate surrounding the procurement rules in Norway, proponents of a wide-
reaching system see the existing rules as a powerful tool to enhance transparency and ensure truly 
competitive conditions in the public procurement market, thereby generating significant savings.  
However, the rules are also criticized as overly co mplex and rigid, and thus unnecessarily costly to 
enforce.  While no recent studies have attempted to  quantify the savings gene rated by competition in 
the Norwegian public procurement market, a study  prepared for the European Commission in 2011 
compared the process cost of procurements publis hed through the TED across the 30 EEA members:  
these costs reached more than 4% of the value of  the procurements in Germany and Norway, while 
they were less than 1% in the United Kingdom and Italy.116   
(viii) State trading, state-owned enterprises, and privatization 
116. The extent of state ownership is considerable in Norway and has generally remained stable 
over the last four years, although the valuations of  major assets may fluctuate in line with market 
trends.  The present Government, which took office in 2005, considers it both right and important for 
the State to contribute to industrial development in Norway through substantial shareholdings in 
Norwegian industry.  The State is seen as a professi onal, active, and long-term owner that contributes 
to the profitability and industrial growth of th e enterprises in which it is engaged.  Although 
adjustments in the State's ownership may occur when  other instruments, including privatization, are 
perceived as beneficial for the attainment of a company's development and other objectives, the 
Government has set no specific privatization targ ets, and there has been a marked slowdown in 
privatizations since 2005.   
117. The Ministry of Trade and Indust ry manages the State's interest s in most of the enterprises 
that operate as profit-seeking entities in competitive ma rkets.  When additional objectives prevail, the 
interests are typically managed by the Ministry to  which the company is a ffiliated.  However, the 
Ministry of Trade and Industry is responsible fo r promoting transparency through annual reports on 
financial developments in the main state-owne d enterprises and on the Government's ownership 
policy.  The Government presented reports (white papers) to Parliament on the Government's policy 
and strategies in 2006 and in 2011.117   
118. According to the 2011 report, the State's pr inciples for corporate governance are firmly 
established, underpinned by a clear division of r esponsibilities between the companies' boards and 
                                                      
114 WTO online information.  Viewed at http://members.wto.org/crnattachments/2010/GPA/NOR/10 
1610 00 e.xls.   
115 Comparing data on procurement notices published in the national database (Doffin) and the TED, 
the NOU 2012:2 found that approximately 60% of the notices were published as a result of national 
requirements and 40% under the EU/EEA rules.  In te rms of actual tenders, the respective shares were 70% 
and 30%.   
116 The average processing costs of the procurements  was 1.4% for the EEA members.  See "Public 
procurement in Europe – cost and effectiveness", March 2011.  A study on procurement regulation prepared for 
the European Commission by London Economics, Ecorys Research and Consulting, and pwc.  Viewed at:  
http://ec.europa.eu/internal_market/publicprocurement/d ocs/modernising_rules/co st-effectiveness_en.pdf. 
 117 White Paper No. 13, Active ownership - Norwegian State ownership in a global economy , 
April 2011;  and White Paper No. 13, An Active and Long-Term State Ownership , December 2006.  For an 
80-page summary of the 2011 report (in English), see: http://www.regjeringen.no/pages/ 36076278/PDFS/ 
STM201020110013000EN_PDFS.pdf .   Norway WT/TPR/S/269/Rev.1 
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  owners.  The social responsibilities of the enterp rises, both in Norway and abroad, have been 
elaborated.  Guidelines on senior executive pay are to be tightened, and executive remuneration 
packages should become more transparent.  Wherev er possible, the ownership policy will be co-
ordinated with other policies, e.g. in relati on to research and development or environmental 
objectives, without confounding the State's distinct roles as a regulator, supervisory authority, and 
owner.   
119. The report notes that faster industrial change will require greater flexibility by the State in 
determining the optimal level of ownership in each enterprise.  However, total State ownership is 
expected to be maintained at th e current level, and key enterprises such as Statkraft, Statnett, and 
Statskog will remain wholly state-owned.  The curre nt stakes in major enterprises (Statoil, Telenor, 
DNB, Norsk Hydro, Yara International, and Kongsberg Gruppen) are also to be preserved.118   
120. In keeping with the policy objectives determ ined for the State's participation in each 
individual enterprise, and the markets in which they operate, the 2006 repor t defined four general 
categories as the basis for the State's involveme nt:  (i) enterprises with commercial objectives; 
(ii) enterprises with commercial objectives and nati onal anchoring of their head office functions; 
(iii) enterprises with commercial and other specifica lly defined objectives; and (iv) enterprises with 
sectoral policy objectives (Table III.11).   
121. At the end of 2010, the Norwegian State's holdings in listed companies totalled 
NKr 504 billion, up from NKr 428 billion at the end of 2005.  During this period, the State also received NKr 98.5 billion in dividends from the listed co mpanies, yielding an annual average return of 
6.5% (dividend and increased value) on its listed assets.  Some adjustments in the portfolio of 
state-owned assets took place during 2005-10.  The 50% stake in BaneTele AS, an enterprise dealing 
with infrastructure development for telecommuni cations was divested in 2008, and a private 
placement was carried out in Veterinærmedisinsk  Oppdragssenter AS in 2010, reducing the State's 
share to 34%.  Statkonsult AS and Venturefondet AS were wound up.   
122. New state-owned enterprises established in recent years include Gassnova SF (2007), 
Investinor (2008), and Norsk Hel senett SF (2009).  Some notable acquisitions were:  shares worth 
NKr 19.3 billion in Statoil (bought between June  2008 and March 2009) to reach a targeted 67% 
ownership, and pro rata particip ation in capital increases in DNB (NKr 4.7 billion) in 2009, and in 
Norsk Hydro (NKr 4.4 billion) in 2010.
119  A 20% stake was acquired in Kommunalbanken AS 
in 2009 to make the bank wholly state owned.  In 2007, the State took a 30% stake in Aker Holding 
AS, a holding company of an engineering group, in which the State had had no prior involvement as 
an owner.   
                                                      
118 The Government is also of the view that the shee r size of many of the State's holdings suggests that 
any privatized assets would mostly end up in the hands of foreign investors.   
119 The merger between Statoil ASA and the oil and gas division of Norsk Hydro ASA in 2007 initially 
resulted in a state share of 62.5%.  Norsk Hydro's subs equent takeover of a Brazilian enterprise (Vale S.A.), 
partly paid with new equity, diluted the State's holdings in Norsk Hydro.  The Government accordingly requested permission to purchase shares in the market to raise state ownership from 34.26% at present to 
approximately 40%.  Parliament has consented to the purchase, but the Ministry has so far not made use of its 
authorization.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 64 
  
  Table III.11 
State-owned enterprises, April 2012 
Name of company Type of company Sector State 
share 
(%) Ministry 
responsible 
Companies with commercial objectives  
Argentum Fondsinvesteringer AS  Private equity 100 Trade and 
Industry 
Baneservice AS State owned limited company Railway construction and 
maintenance 100 Transport and 
Communication 
Cermaq ASA Limited company with state 
ownership Fish feed and farming 43.54 Trade and 
Industry 
Entra Eiendom AS State owned limited company Real estate 100 Trade and 
Industry 
Flytoget AS  Airport shuttle (rail), Oslo-
Gardermoen 100 Trade and 
Industry 
Mesta Konsern AS  Road construction and 
maintenance 100 Trade and 
Industry 
SAS AB Limited company (Swedish) 
with state ownership Airline 14.3 Trade and 
Industry 
Secora AS  Construction and 
maintenance of fisheries  
infrastructure 100 Trade and 
Industry 
Veterinærmedisinsk Oppdragssenter AS Limited company with state 
ownership Distribution of veterinary 
medicines; vaccines research 34 Agriculture and 
Food 
Companies with commercial objectives and national anchoring of their head office functions  
Aker Holding AS   30 Trade and 
Industry 
DNB ASA  Limited company with state 
ownership Banking, insurance, 
financial services 34 Trade and 
Industry 
Kongsberg Gruppen ASA Limited company with state 
ownership Defence, aerospace, marine 
technology 50 Trade and 
Industry 
Nammo AS Limited company with state 
ownership Ammunitions manufacture 50 Trade and 
Industry 
Norsk Hydro ASA Limited company with state 
ownership Aluminum 34.26 Trade and 
Industry 
Statoil ASA Limited company with state 
ownership Oil and gas 67 Petroleum and 
Energy 
Telenor ASA Limited company with state 
ownership Telecommunications 53.96 Trade and 
Industry 
Yara International ASA Limited company with state 
ownership Production, distribution, and 
sale of fertilizers 36.21 Trade and 
Industry 
Companies with commercial and other specifically defined objectives  
Eksportfinans ASA Limited company with state 
ownership Financial services for 
exports 15 Trade and 
Industry 
Electronic Chart Centre AS  Electronic map services 
(maritime) 100 Trade and 
Industry 
Kommunalbanken AS  Lending to local authorities 100 Local 
Government 
and Regional 
Development 
NSB AS State owned limited company Transportation (passengers 
and goods) 100 Transport and 
Communication 
Posten Norge AS State owned limited company Postal services 100 Transport and 
Communication 
Statkraft SF Statutory enterprise Production, distribution and 
sale of energy 100 Trade and 
Industry 
Store Norske Spitsbergen Kulkompani AS Limited company with state 
ownership Mining 99.94 Trade and 
Industry  
Table III.11 (cont'd) Norway WT/TPR/S/269/Rev.1 
 Page 65 
 
 
  Name of company Type of company Sector State 
share 
(%) Ministry 
responsible 
Companies with sectoral policy objectives  
Avinor AS State owned limited company Civil aviation - airports and 
air safety 100 Transport and 
Communication 
Bjørnøen AS   100 Trade and 
Industry 
Norwegian Seafood Council (EFF AS)  Export promotion (fish) 100 Fisheries and 
Coastal Affairs 
Enova SF  Energy technologies 100 Petroleum and 
Energy 
Gassco AS  Transport of natural gas 100 Petroleum and 
Energy 
Gassnova AS  Capture of carbon 100 Petroleum and 
Energy 
Innovation Norway   Business development 51 Trade and 
Industry 
Kings Bay AS   100 Trade and 
Industry 
Kompetansesenter for IT i helse- og sosialsektoren AS    80.5 Labour; Health 
and Care 
Services 
Nofima AS  Fisheries research 56.8 Fisheries and 
Coastal Affairs 
Norfund  Investment in developing 
countries  100 Foreign Affairs 
Norsk Eiendomsinformasjon AS  Property register 100 Trade and 
Industry 
Norsk Helsenett SF   100 Health and Care 
Services 
Norsk Rikskringkasting AS State owned limited company Public broadcasting 100 Culture 
Norsk Samfunnsvitenskapelig Datatjeneste AS   100 Education and 
Research 
Norsk Tipping AS Hybrid company Lottery 100 Culture 
Petoro AS State owned limited company Management of State's 
direct financial interest in oil 
and gas 100 Petroleum and 
Energy 
Simula Research Laboratory AS   100 Education and 
Research 
SIVA SF   100 Trade and 
Industry 
Statnett SF Statutory enterprise Electricity transmission and 
systems operation 100 Petroleum and 
Energy 
BaneTele AS Limited company with state 
ownership Infrastructure development 
for telecommunications 50 Trade and 
Industry 
Statskog AS   100 Agriculture and 
Food 
Uninett AS   100 Education and 
Research 
Universitetssenteret på Savlbard AS   100 Education and 
Research 
AS Vinmonopolet State owned limited company Retail distribution of alcohol 100 Health and Care 
Services 
Regionale helseforetak  Public hospitals and clinics 100 Health and Care 
Services 
Source:  Ministry of Trade and Industry, Meld. St. 13 (2010-2011),  Report to the Storting (White paper), 1 April 2011.  
123. The EFTA Surveillance Authority has examined the valuation of state assets in connection 
with the privatization or reorganization of state-ow ned enterprises to ensure that the sales of public 
property and other transactions reflect the true (market) value of the transferred assets.  Thus, Mesta WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 66 
  
  AS (2009), Entra Eiendom (2005), and Arcus Produkter AS (1998) have been required to repay "birth 
gifts" ruled to be unlawful state support.120   
124. Since the full privatization of Arcus Produkter AS (in 2004), Norway has been of the opinion 
that it does not maintain any state trading enterpri ses within the meaning of Article XVII of the GATT 
1994 and the working definition set forth in the Unde rstanding on the Interpretation of Article XVII.  
Norway's most recent notification reflects this view.121   
(ix) Competition policy 
125. Competition rules, as they apply to Norwegia n enterprises, are enforced either by the 
European Commission, the EFTA Surveillance Au thority, or by the Norwegian Competition 
Authority.  The key principles of the EU competition rules, i.e. prohibitions against the abuse of 
dominant position and anti-competitive practices among en terprises, as well as merger control, have 
been transposed into the EEA Agreement (Part IV, Chapter 1, Articles 53-60), which also sets out the 
division of responsibilities between the European Co mmission and the EFTA Surveillance Authority.  
Norwegian enterprises active in the markets of EU member States have been subject to EU 
competition rules since the late 1950s, i.e. long befo re the entry into force of the EEA Agreement. 
126. Between 1994 and 2011, the Eu ropean Commission examined 47 mergers and acquisitions 
involving Norwegian enterprises.  It concluded te n cases against Norwegian- based enterprises with 
findings that the competition rules had been infringe d (abuse of dominant position or participation in 
cartels).122  The first formal decision against a Norwegian enterprise by the EFTA Surveillance 
Authority was taken in 2010, and a second (against another enterprise) in 2011.123   
127. At the national level, Norway's legal fra mework comprises the EEA Competition Act 
(Act No. 11 of 5 March 2004), the Competition Act No. 12 of 5 March 2004, and a number of 
Regulations.124  Act No. 12 is enforced by the Norwegian Competition Authority, reporting to the 
Ministry of Government Administration, Reform, and Church Affairs.  The Authority may issue 
administrative fines for infringements;  its decisions  may challenged before the national courts.   
128. Since 2008, regulations have been adopted to  extend the application of the Norwegian 
Competition Act to Svalbard, to ensure equal acce ss conditions to online advertising of houses for 
consumers and real estate agents, and to amend the methods for setting administrative fines (and 
applying leniency).  The Ministry also adopted a new regulation on 21 December 2011 to incorporate relevant EEA regulations and ensure full EEA compliance.   
                                                      
120 Mesta Konsern AS and Entra Eiendom AS remain  100% state-owned, but compete with private 
enterprises in their respective markets.  The repayments totalled NKr 129 million for Mesta, NKr 80 million for 
Entra Eiendom, and NKr 30 million in the case of Arcus Produkter AS.  
121 WTO document G/STR/N/14/NOR, 28 June 2012.   
122 NOU 2012:2.  The most prominent case concerned the Gas Negotiations Committee (formed by 
Statoil, Norsk Hydro, and Saga Petroleum), which was dissolved in 2001.   
123 The EFTA Surveillance Authority handles cases affecting trade only betw een participating EFTA 
states, or cases where the effects on trade and competition in the EU are not appreciable.  In July 2010, the 
Authority fined Posten Norge for alleged abuse of dominant position.  The case was appealed to the EFTA 
Court, which set the fine at €11.112 million, in its judgement of 18 April 2012.  The second case 
(December 2011) concerned the transporter Color Line, wh ich was fined €18.8 million.   Color Line announced 
in March 2012 that the fine had been paid (Hegnar online, 16 March 2012).   
124 The Competition Act is under revision an d expected to be amended in July 2013. Norway WT/TPR/S/269/Rev.1 
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  129. Regarding merger control, the Competition Act was amended in 2008 to introduce a standstill 
requirement for notified transactions, and to chan ge the conditions for government intervention in 
mergers.  The amendment should clarify whether a me rger is accepted (or declined) on grounds of 
competition, or as a result of a political assessment .  According to the authorities, the Norwegian 
Government has not intervened, on grounds other th an competition policy concerns, in any merger 
control cases since 2006.   
130. The Competition Act applies, in principle, to a ll sectors, including to state-owned enterprises.  
However, agriculture, fisheries, and forestry ar e exempted, on certain conditions, from the rules 
against price fixing, market-sharing arrangements, and abuse of dominant position.  The exemption 
includes agreements between producers of primary products or their organizations, necessary for the 
implementation of sector regulations or agreements  with the State (such as the annual Agriculture 
Agreement).  Regulations providing temporary exemptions from the Competition Act for certain 
professions are set to expire in 2012.125   
131. The Norwegian Competition Authority has stepped up its investigative efforts in regard to the 
detection of cartels in recent years.  Of the resources allocated to casework, 71% was spent on the 
detection of cartels in 2010.  The two most prom inent cases concerned possible illegal collusion in the 
asphalt industry, and allegations of collusion in the poultry market.  Three decisions of the Competition Authority are currently pending before the Norwegian courts.  The domestic wholesale 
market for electricity and the grocery subsector were  subject to scrutiny in 2010, but enquiries did not 
trigger further investigations.   
132. The Authority is monitoring specific markets to  determine whether measures are needed to 
strengthen competition.  Analyses were conducted on th e competitive situation in the fuel market and 
in the market for public service pensions.  For fuel s, the Authority considered the removal of barriers 
to entry to stimulate competition further.  The grocery market is monitored continuously as grocery chains are required to notify their agreements w ith major suppliers, and gross margins in the dairy 
industry are subject to systematic monitoring.  Th e electricity market was also monitored in 2011.  
The Authority evaluated regulations preventing airlines from applying frequent-flyer programmes to 
domestic flights, and presented its recommenda tion to the Ministry in February 2012. 
133. With reduced activity due to the financial crisis , few mergers and acquisitions were notified to 
the Authority during 2009.  An incr ease in notifications emerged from the second half of 2010.  The 
Authority did not intervene in any of the merger  and acquisition cases before it during 2010, and only 
two conditional approvals were issued during 2011.   
134. The Norwegian Competition Authority coope rates with other agencies where their 
competencies overlap, i.e. the Financial Superv isory Authority of Norway, the Norwegian Water 
Resources and Energy Directorate, the Norwegia n Post and Telecommunications Authority, the 
Norwegian Media Authority, the Norwegian Cons umer Council, and the Consumer Ombudsman.  
Mergers and acquisitions in the media market are sc rutinized by the Competition Authority and by the 
Media Authority, and mergers must be approved by both agencies.
126 
                                                      
125 The exemptions concern clinical veterinarian emergency services, doctors, psychologists, 
physiotherapists, and certain bookstores and publishers.  The exemption for veterinarians is to be discontinued, 
while the exemptions for doctors, psychologists,  and physiotherapists will be continued.   
126 Whereas the Competition Auth ority examines mergers and acquisitions according to the 
Competition Act, the Media Authority bases its analysis of the media market on the Media Ownership Act.  As 
the stated objectives of the two Acts are different, mergers and acquisitions are evaluated according to WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 68 
  
  135. According to the authorities, Norway is taking an  active part in international cooperation fora 
such as the Nordic Cartel Network and the Eur opean Competition Network.  Cooperation among the 
Nordic competition authorities involves regular high-le vel meetings as well as annual meetings at the 
desk-officer level.  At the OECD, the Nordic Cart el Network participated in a joint contribution on 
international cooperation in  cartel investigations.127 
(x) Price controls 
136. Act No. 66 of 11 June 1993 authorizes the King to  impose price controls or notification of 
price changes "to promote socially justifiable price developments".  Controls may take the form of 
minimum or maximum prices, price freezes, maximum mark-ups, or the regulation of profit margins, 
delivery, and payment terms.  It forbids "unr easonable" prices, or business terms that have 
unreasonable effects or are in conflict with the general interest. 
137. At present, taxi fares are subject to maximum prices and specific fare calculation formulas 
established by the Norwegian Competition Authority.128  The regulation does not apply in major cities 
and agglomerations where the Authority considers th e level of competition to be satisfactory.  Land-
rents for homes and recreational buildings are al so controlled.  Moreover, a minimum price 
effectively applies to the retail sale of beer, pursuant to the Alcohol Act.   
138. As approximately 50% of all medicines sold in Norway are financed through the National 
Insurance Scheme, the Norwegian Medicines Agen cy regulates the prices of prescription drugs.129  
Price control is considered necessary as the sales value is mainly linked to the sale of medicinal 
products covered by patents.130  The maximum retail price for a prescription drug sold through a 
pharmacy is a combination of the maximum wholes ale price and a cap on the pharmacies' margin.  
The maximum retail price usually equals the average of the lowest three pri ces found within a sample 
of other European countries.131  The maximum price is adjusted periodically to account for price 
movements in the other countries.  A specific pr ice regulation system for generics was introduced 
from 1 January 2005, implying stepwise reductions in  the prices of commonly used generic drugs.  
Non-prescription (over-the-counter) medicines ar e not subject to price regulation.   
139. A price control mechanism applies to the ac quisition of certain agricultural properties 
pursuant to the Concession Act (section 9).  When  considering applications for concessions, the 
authorities will, inter alia , evaluate whether the agreed price provides for a "socially justifiable price 
development", e.g. that it does not harm recruitmen t to the sector and that it leaves sufficient income 
for a full-time or part-time job in agriculture.  Th us, the price should not exceed the production value 
of the property as well as its value as a residence.  Agricultural properties with dwellings, subject to 
prior authorization in the form of a concession, are not  subject to price control if the purchase price is 
less than NKr 1.5 million. 
                                                                                                                                                                     
somewhat different criteria and emphasis, e.g. compe tition and efficiency versus freedom of expression and 
media pluralism.   
127 Document DAF/COMP/GF/WD(2012)34, 19 January 2012.   
128 Regulation No. 1307 of 30 September 2010, replacing Regulation No. 265 of 9 March 2007.   
129 The legal basis for the price regulation is the Medicinal Products Act No. 132 of 4 December 1992 
and Regulation No. 1839 of 18 D ecember 2009.   
130 Norwegian Medicines Agency online information.  Viewed at:  http://www.lege middelverket.no/ 
templates/InterPage____74764.aspx [in Norwegian]. 
131 The reference countries used by the Norwegian Medicines Agency are Sweden, Finland, Denmark, 
Germany, the United Kingdom, the Netherlands, Austria, Belgium, and Ireland.    Norway WT/TPR/S/269/Rev.1 
 Page 69 
 
 
  (xi) Trade-related intellectual property regime 
140. Norway is a member of the World Intellectual Property Organization.  It has not yet acceded 
to the WIPO Copyright Treaty (WCT) or Performances and Phonograms Treaty (WPPT).132  Norway 
acceded to the European Patent Convention in 2008,  but has so far not acceded to the Patent Law 
Treaty or the Singapore Treaty on the Law of Trademarks, due to incompatibilities with domestic 
laws.  Norway acceded to the Geneva Act ( 1999) of the Hague Agreement Concerning the 
International Registrations of Industrial D esigns, with effect from 17 June 2010.   
141. Intellectual property rights are incorporated  into the EEA Agreement in Annex XVII 
(Intellectual Property) and Protocol 28 on intellectual property.  Most of the EU acquis  in this area 
has been considered to be EEA -relevant, made part of the EEA Agreement, and implemented into 
national law in Norway.  The principal features of Norway's IPR legislation are summarized in Table III.12. 
142. Since Norway's last Review, it has introdu ced a new trademark law (Act No. 8 of 
26 March 2010), which entered into force on 1 July 2010.  The new law establishes the principle of 
regional exhaustion at the EEA level for trademarks , an administrative procedure for revocation of a 
trademark (as an alternative to judicial proce dures), and an opportunity to divide trademark 
registrations.
133  The Plant Variety Act (1993) was amended in 2008 to introduce a requirement to 
disclose the country providing the genetic resour ces and traditional knowledge in applications for 
plant breeders' rights.134  The Patents Act was amended in 200 9 to extend the obligation to disclose 
the origin of biological material to cover the or igin of any traditional knowledge related to the 
invention.  The Patents Act was also amende d to introduce the Bolar exception (effective 
18 December 2009).135  With Norway's accession to the Ge neva Act, the Designs Act (2003) was 
amended to include provisions on in ternational design registration (Chapter 10).  An amendment to 
the Copyright Act (1961) entered into force on 28 December 2009, providing the Ministry of Culture the legal basis (new section 51) to establish admini strative regulations to complement the Services 
Act No. 103 of 19 June 2009.
136  The Copyright Act as well as the enforcement provisions in 
Norway's legislation on industrial rights are currently under revision.137   
143. A new Act on the Norwegian Industrial Propert y Office (NIPO) and the Appeal Board for 
Industrial Property Rights is set to enter into for ce in early 2013.  The Act states expressly that NIPO 
is independent of the ministries and the Government  in its handling of individual applications for 
                                                      
132 Norway has implemented the EU Copyright directive (2001/29/EC) which, according to the 
authorities, is in accordance with the WCT and the WPPT.  Norway in tends to accede to the WPPT and the 
WCT in connection with the ongoing revision of the Copyright Act.   
133 Under the previous trademark law, Norway applied the principle of international exhaustion for 
trademarks, and trademarks registrations could not be divided.   
134 If the provider country is not the country of origin  of the genetic material, i.e. where the material 
was collected from in situ  sources, the country of origin must also be stated.  If national legislation of the 
country of origin requires consent for the collection of genetic material, information on whether consent has 
been obtained must be provided.  If this information is not known, this fact must be stated.   
135 The Bolar exception is an exception to patent rights, allowing a third party to undertake, without the 
authorization of the patentee, acts in respect of a patented product necessary for the purpose of obtaining 
regulatory approval for a product. 
136 The amendment stemmed from Norway's impl ementation of the EU Services Directive 
(Directive 2006/123/EC of the European Parliament and of the Council). 
137 The language of the 1961 Act is being modern ized.  The revision also takes into account new 
developments, such as the need to strengthen enforcement of copyright on the Internet.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 70 
  
  industrial property rights.  Appeals against decisions  issued by NIPO may in the future be brought 
before the newly created Appeal Boar d for Industrial Property Rights.   
Table III.12 
Overview of IPR protection provided by Norway's legislation, 2012 
Subject/legislation Coverage Duration  Observations 
Patents  
Patents Act No. 9 of 
15.12.1967, as 
amended Any invention 
susceptible of industrial application 20 years from the application 
filing date;  additional protection of up to 5 years may 
be granted for medicinal and 
plant-protection products A negative list provides for innovations that are not 
considered inventions for patent purposes, that merely consists of aesthetic creations, computer 
programs, mathematical methods, and presentations 
of information; plant or animal varieties are not patentable; 
compulsory licences for a patent may be obtained 
if, for example, a patentab le invention is not given 
commercial use within thr ee years from the date the 
patent was granted or if it is required for the 
exploitation of an invention representing an "important technical advance of considerable 
economic importance"; 
compulsory licences for semi-conductors may be granted only for public non-commercial use or to 
remedy a practice determined to be anti-competitive 
by a judicial or administrative process; compulsory licences may be granted for production of pharmaceutical products for export. 
Plant varieties 
Plant Breeders 
Right Act No. 32 of 
12.03.1993, as 
amended  Varieties of all genera 
or species of plants, including hybrids 
between genera and 
species 20 years from year of grant, up 
to 25 years for trees and vines The right is granted only to Norwegian residents, 
companies that are legally registered in Norway, or residents and legal entities of a member of the 
International Union for the Protection of New 
Varieties of Plants or of the WTO. 
Designs  
Designs Act No. 15 
of 14.03.2003 Designs that are novel 
and have individual 
character One or more periods of 5 years 
from the application filing 
date, up to a maximum of 25 years Components and spare parts used for the repair of a 
complex product may only be protected for 5 years;  
when a registration is transferred by a judicial or administrative decision, the former holder of the 
registration may, subject to reasonable conditions, 
continue to use the design where the design has already been used, or preparations have been made 
for its use. 
Trademarks  
Trademarks Act 
No. 8 of 26.03.2010 Trademarks that are 
capable of 
distinguishing the 
goods or services of the trademark holder from 
others;  protection may 
be obtained by registration or use;  
unregistered but well-
known trademarks are protected in a similar way to registered trade 
marks Protection from the moment 
the application is submitted, 
and for 10 years from the date 
of registration;  renewable indefinitely for periods of 
10 years Non-use of a trademark for a period of 5 years from 
the date of registration may lead to revocation of 
the registration;  compulsory licensing does not 
apply to trademarks;  the right of priority on the 
basis of an earlier trademark filed by a WTO 
Member or party to the Paris Convention is 
recognized;  registration of foreigners' trademarks is subject to a " telle quelle " condition. 
Copyright  
Copyright Act No. 2 
of 12.05.1961, as 
amended Literary, scientific, and 
artistic works, 
including computer 
programs, data compilations, 
photographs, databases, 
performing artists, producers of 
phonograms, 
broadcasters, first fixation of films Life of the author plus 
70 years;  anonymous works 
are protected for 70 years from 
the end of the year in which they were publicly presented;  
photographs are protected for 
the life of the photographer plus 15 years, but no less than 
50 years from the date in 
which they were taken;  for the performing arts, 50 years after 
the first relevant broadcast, 
fixation or performance  
Table III.12 (cont'd) Norway WT/TPR/S/269/Rev.1 
 Page 71 
 
 
  Subject/legislation Coverage Duration  Observations 
Geographical 
indications 
Marketing Act 
No. 47 of 
16.06.1972; 
Trademarks Act No. 8 of 
26.03.2010; Food 
Production and Safety Act No. 124 
of 19.12.2003; and 
Regulation No. 698 of 05.07.2002 Foreign and national 
GIs Indefinite  Use of misleading geographical indications is 
prohibited and a misleading GI cannot be registered 
as trademarks.  For wines and spirits, it is prohibited to use GIs identifying wines or spirits not 
originating in the place indicated by the GI in 
question.  GIs identifying wines or spirits for wines or spirits not originating in the place indicated by 
the GI in question cannot be registered as 
trademarks.  Foreign and national GIs for food articles and traditional agricultural specialities can 
be granted protection by an administrative decision. 
 Over the last four years, protection has been 
introduced for Hardanger cider (Regulation No. 420 
of 17 April 2009), meat of free-grazing coastal sheep (Regulation No. 1402 of 4 November 2009), 
sauna-smoked meat from the Namdal district 
(Regulation No. 1400 of 3 November 2010, and Valdres sausage (Regulation No. 367 of 7 April 
2011). 
Layout-designs of 
integrated circuits  
Layout Design Act 
No. 27 of 15.06.1990, as amended Integrated circuits 10 years from the calendar 
year in which the circuit was 
first commercially exploited 
anywhere in the world, but maximum 15 years from the year in which the circuit was 
created The protection does not appl y to copies made for 
private use or for the purpose of analysis or 
teaching. 
Undisclosed 
information 
Marketing Act 
No. 47 of 16.06.1972, 
Pharmaceuticals 
Act No. 132 of 04.12.1992, and 
Public 
Administrations Act of 10.02.1967, as 
amended Business secrets of 
commercial value;  
undisclosed data and 
tests Undisclosed pharmaceutical 
data and tests are protected for 
no less than 6 years;  
agricultural chemical products are protected for an indefinite 
period Trade secrets and technical drawings are protected 
against unfair commercial use. 
 
In the case of generic medicinal products, a second 
applicant is prohibited from  relying on, or referring 
to, the test data of the fi rst applicant when applying 
for a marketing authorization, unless such use is authorized by the first a pplicant, or the original 
medicinal product is, or has been, authorized under 
pharmaceutical law for not less than 6, 8 or 10 years, depending on (1) when an application for 
a marketing authorization for the original medicinal 
product was submitted, and (2) under which procedure the application was assessed (national or 
centralized procedure). 
Source:  WTO Secretariat, based on information pr ovided by the Norwegian authorities.   
144. Legislation authorizing the Norwegian Cu stoms and Excise Service to take action ex officio  
against counterfeit or pirated goods, effective si nce 1 September 2007, was reissued in the new 
Customs Duty and Movement of Goods Act in Decemb er 2007.  If customs authorities have sufficient 
grounds for suspecting that goods infringe an IP right, the right holder will be notified and the 
suspected goods may be detained for up to five work ing days (Article 15-1).  The buyer or his/her 
representative will also be notified.  The right holde r may then apply for an interim or preliminary 
injunction to keep the goods detained pending a court decision on an infringement action.   
145. The Customs and Excise Service has taken priori ty action to detect counterfeit goods over the 
last few years.  A special allocation for fighting IPR-related crime in its budget for 2010 led to the 
seizure of 220,000 counterfeit articles with an estimat ed street value of NKr 39 million, more than the 
combined value of all seizures prior to 2010 .  In 2011, the Service opened 533 new cases, 
representing almost 160,000 seized units worth NKr 49 million.  The seized articles are typically 
shoes, clothes, or electronics.   WT/TPR/S/269/Rev.1 Trade Policy Review 
Page 72 
  
  146. Norway continues to be active in  TRIPS-related technical assistance.138  Together with the 
WIPO Academy, the Norwegian Industrial Pr operty Office (NIPO) organizes annual one-week 
training courses for IPR officials from developing coun tries.  NIPO also cooperates with WIPO in the 
delivery of patent information services for developi ng countries.  In 2011, the Norwegian Copyright 
Development Association (Norcode) and WIPO  presented a training programme providing the 
participants a comprehensive picture of all pillars of a well-functioning copyright system.  As to the 
implementation of Article 66.2 of the TRIPS Agre ement, Norway provides incentives to promote and 
encourage technology transfer to LDCs thr ough the Norwegian Agency for Development Co-
operation (Norad) and the Norwegian Investment F und for Developing Countries (Norfund).  In 2010, 
Norad provided about US$60 million to special fa cilities for private-sector development through 
programmes for LDCs and various other deve loping countries, while Norfund contributed 
US$105 million, of which US$25 million was provided to LDCs.139   
 
                                                      
138 WTO document IP/C/W/560, 5 October 2011.   
139 WTO document IP/C/W/558, 5 October 2011.  All LDCs as well as developing countries with 
annual GDP per capita below US$6,885 are eligible for the Norad and Norfund incentives schemes.