WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO WT/TPR/M/205/Add.1 
19 January 2009 
 (09-0184) 
Trade Policy Review Body 
22 and 24 October 2008 Original: English/Spanish/ 
 anglais/espagnol/  inglés/español 
 
TRADE POLICY REVIEW 
NORWAY 
Minutes of Meeting
 
Addendum  
Chairperson:  H.E. Mr. Yonov Frederick Agah (Nigeria) 
 This document contains the advance writte n questions, and replies provided by Norway.1 
__________________________________________________________________________________ 
 
Organe d'examen des politiques commerciales 
22 et 24 octobre 2008  
EXAMEN DES POLITIQUES COMMERCIALES 
NORVÈGE 
Compte rendu de la réunion
 
Addendum  
Président:  S.E. M. Yonov Frederick Agah (Nigeria) 
 
 Le présent document contient les questions écrites communiquées à l'avance et les réponses fournies par la Norvège.
1 
__________________________________________________________________________________  Órgano de Examen de las Políticas Comerciales 22 y 24 de octubre de 2008  
EXAMEN DE LAS POLÍTICAS COMERCIALES 
NORUEGA 
Acta de la reunión
 
Addendum  
Presidente:  Excmo. Sr. Yonov Frederick Agah (Nigeria) 
 
 En el presente documento figuran las pre guntas presentadas anticipadamente por escrito, 
junto con las respuestas facilitadas por Noruega.1 
                                                      
1 In English and Spanish only./En anglais et espagnol seulement./En inglés y en español solamente.   
    WT/TPR/M/205/Add.1 
 Page 3 
 
 
 ADVANCE WRITTEN QUESTIONS BY MEMBERS 
 
CHINA  
 
1. Would Norway please provide the list of the 14  low-income countries other than LDCs which 
can enjoy duty free and quota free market acces s treatment under its Generalised System of 
Preferences?  2. It is noted in Paragraph 6 on Page vii of th e Secretariat Report that Norway grants at least 
MFN treatment to all its trading partners.  Woul d Norway please confirm whether these also include 
Non-Members of the WTO? 
 3. It is noted in Paragraph 15 on Page ix of the Secretariat Report that Norway only notifies to 
the WTO SPS measures and technical regulations that are either purely nationa l or differ substantially 
from those harmonized throughout the EEA.  Wo uld the Delegation of Norway please provide 
clarifications as to how information about othe r regulations which are harmonized throughout the 
EEA and applying to Norway could be obtained?  4. The Secretariat Report suggests in Paragraph 16 on  Page ix that it is important to ensure that, 
by improving the competitive position of benefi ciary domestic companies, the export incentive 
schemes do not also distort markets.  It would be interesting to know how Norway makes sure that 
such market distortions can be avoided. 
 5. It is noted in Paragraph 4 of Section II of  the Secretariat Report that Norway maintains 
restrictions on foreign investment in fisheries, audiovisual services, and maritime and air transport. 
Would the Delegation of Norway please provide details on these restrictions? 
 
6. It is noted in several places of the Secret ariat Report that domestically agricultural goods are 
heavily assisted which contributes si gnificantly to high food prices.  It  would be interesting to hear 
Norway’s comments on this observation.  Does Norway  plan to take steps to reduce such assistance 
with or without the Doha Development Agenda?  
I. Questions regarding the Secretariat Report 
 1. Page 70, para. 17, Agriculture. Could Norway please explain in greater detail the procedure 
of general tariff reduction by NAA?  
 
2. Page 73, para. 21, Agriculture. Could Norway please elaborate on its TRQ regime of cereals 
and oil seeds?  
 
3. Page 81, para. 58, Fishery and Aqua-products. Could Norway please provide the legal texts 
of its Acts of fishery and aqua-pro ducts as mentioned in this paragraph?  
 
4. Page 82, para. 61, Fishery and Aqua-products. Could Norway please clarify with whom 
Norway has signed bilateral or multilateral agre ements on fishery cooperation? What rules or 
regulations should be followed by foreign vessel s conducting fishing activities in the economic zones 
of Norway?  
 
5. Page 82, para. 63, Fishery and Aqua-products. Could Norway please explain the procedure 
on how the “total allowable catch”, “IVQ” and “m aximum quota” are determined and how the quotas 
are allocated? How can Members acquire updated inform ation on a year-to-year basis in this regard?  
 WT/TPR/M/205/Add.1 
Page 4  
 
 6. Page 99, para. 167, trade in services. Foreign architects and engineers can practice their 
professions provided they have a permit to reside in Norway after their educational qualification is 
recognized by NOKUT. Could Norway please explain in detail what educational requirements foreign 
architects and engineers should meet in order to be recognized by NOKUT and the procedures for application for residence permit in Norway?   
 
7. Could Norway please describe the main feat ures and regulatory framework of its energy 
service and environment service sectors?  II. Questions regarding the Government Report   
8. Page 8, para. 20, labor market and Migration. Could Norway please further explain the legal 
requirements and detailed procedures for non-EEA Me mbers to acquire work permit in Norway?  
 
9. Page 8, para. 21, labor market and Migration. Could Norway please provide more 
information on the new Immigration Act  which will be effective in 2010, especially on the rights and 
obligations of service providers that are independe nt professionals and contractual service suppliers? 
How can Members have access to the legal texts of this Act?  
 
10. Page 13, para. 56, FTA. Could Norway please brief us on the progress of the working group 
on trade and environment which was established in  the ministerial meeting of EFTA in June 2008? 
What are Norway’s views towards dealing with e nvironment issues within the framework of FTAs?  
 
BRAZIL 
 
Document WT/TPR/G/205 
Page 6, paragraph 13: 
 
“13. General government finances are strong.  Th e general government balance showed a surplus 
(net lending) of 18.5% of GDP in 2006 and 17 .2% in 2007, primarily due to revenues from the 
petroleum sector.  In the Revised National Budget 2008, the surplus for the year 2008 is expected to 
correspond to 17.9% of GDP.  Net revenues from th e petroleum sector are transferred to the 
Government Pension Fund – Global, which is the govern ment's instrument for converting wealth from 
oil and gas reserves to a broad-based po rtfolio of international securities.  The Pension Fund is fully 
integrated into the Fiscal Budget, and the non-oil bu dget deficit is covered by an annual transfer from 
the fund.  Thus, the change in the fund’s capital corresponds to central government net saving.  The 
market value of the Government Pension Fund – Glo bal is estimated to rea ch NOK 2 316 billion or 
92.8 per cent of GDP by the end of 2008, up from NOK 1 011 billion or 58.0 per cent of GDP at the 
end of 2004.”  
Question
:  Could you please provide some more deta iled information on the relation between the 
Government Pension Fund – Global and Norway’s m acroeconomic policies, including exchange rate 
and monetary policies?  Could you also describe th e legal framework and the organizational structure 
under which the Pension Fund operates? 
 
Document WT/TPR/G/205 
 
CHAPTER III – TRADE POLICY OBJECTIVES AND DEVELOPMENT (3) TRADE POLICY OBJECTIVES 
Page 12, paragraphs 47 and 48; Page 13, paragraph 53. 
 
“47. […] In respect of Article XXIV of the GATT and Article V of the GATS the [EEA] 
agreement is a free trade area , and there is no common customs tariff.  Multilateral trade policy in  WT/TPR/M/205/Add.1 
 Page 5 
 
 
 the WTO and trade policy vis a vis non-EEA countries remain the responsibility of the EU, Iceland, 
Liechtenstein and Norway respectively.   48. The scope of the [EEA] agreement does not include the EU’s Common Agricultural Policy 
or the Common Fisheries Policy , although it contains provisions  on some aspects of trade in 
agricultural and fish products.  In fact, the most recent trade policy dispute in the WTO involving 
Norway was with the EU regarding anti-dumping measures against farmed Norwegian salmon.” 
 “53. The free trade agreements cover trade in industrial products, fish and marine products as well 
as processed  agricultural products.  In additi on, each EFTA country has concluded bilateral 
agricultural protocols  with each of the partners.  The bilat eral agricultural protocols are an integral 
part of EFTA's free trade agreements.  The free trad e agreements also incorp orate provisions on a 
number of other trade issues, such as competiti on, protection of intellectual property, services, 
investments and government procurement.”  
 Question
:  Since the EEA agreement and other FTAs established by Norway do not eliminate trade 
barriers in significant economic sectors, i.e. agri culture and fishery, how does Norway analyze the 
consistency of these agreements with paragr aph 8(b) of Article XXIV of the GATT 1994? 
 
Document WT/TPR/S/205 
 CHAPTER III – TRADE POLICIES AND PRACTICES BY MEASURE 
(4) MEASURES AFFECTING PRODUCTION AND TRADE (V) GOVERNMENT PROCUREMENT Page 59, paragraph 134  
According to paragraph 134, Norway's public pr ocurement regime provides for non-discrimination 
and national treatment in the purchase of goods, ser vices and works contracts for suppliers from all 
countries, irrespective of the monetary size of the contracts.   Question
: In light of the above and of WTO´s principle of non-discrimination, how does Norway 
justify the measures adopted under its Action Plan for Environmental and Social Responsibility, 
which bans the usage of tropical timber in public co nstructions, either in the building itself or in the 
materials used during the building period?  CHAPTER IV – TRADE POLICIES BY SECTOR (2) AGRICULTURE 
Page 66, paragraph 4 
 
4.  While tariff protection is relatively low fo r agricultural products not produced domestically, 
domestic production in Norway is highly regulated  and assisted by tariffs and various forms of 
government support.  Norway's average applied ta riff on agricultural products is 38.5% (WTO 
definition) (25.6 ISIC definition) an d applied tariffs range from duty free to 555% (Chapter III(2)(iv)).  
Norway may apply temporary tariff reductions if ma rket prices exceed target prices for domestically 
produced products, and has done so frequently during the period under review.  Norway administers 
a tariff quota regime for some 24 tariff lines:  most  tariff quotas are auctioned, and in a number of 
cases, fill rates are low.  For the products that are domestically produced, imports mostly take place 
where domestic production does not meet domestic demand. 
 
Question
:  Could you please clarify what policy goals Norway pursues by establishing extremely high 
tariffs for agricultural products’ imports? Could you also provide additional de tails on Norway’s tariff 
quota regime and explain why fill rates are low in such regime?  WT/TPR/M/205/Add.1 
Page 6  
 
 (2) AGRICULTURE 
(iii) General support Page 74, paragraph 30  The document states that “Norway provides support under various  production-limited schemes (Blue 
Box measures) as well as Green Box measures.  There were no major chang es in the total amounts 
spent under the respective boxes o ver the period 2002-04.  Paymen ts under the Blue Box were 
significant and remained larger than those under the Green Box.  Among the most significant were:  
payments based on fixed areas and yields; structur al income to dairy farms; and livestock head 
payments (Table IV.6)” . 
 
Question
:  Could you please provide additional inform ation on the production- limiting requirements 
of the agricultural support programmes categorized as “Blue Box” by Norway in its overdue 2002-
2004 notifications?  
Page 75, Table IV.5 
 Question
:  Why did Norway not include in the above mentioned notification Market Price Support for 
rye and oilseed crops?  What are the amounts of Market Price Support for these two products?  Why did Norway not include in the above-mentioned notif ication the support that corresponds to deficiency 
payments for goat milk?  What are the amounts of this support? 
 
Document WT/TPR/S/205 
 
CHAPTER II – TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 
(3) INTERNATIONAL RELATIONS 
(ii) Generelized System of Preferences (GSP) 
Page 20, paragraph 42  
“42. On 1 January 2008, Norway's new GSP scheme was extended to give duty- and quota-free 
market access for all goods to 14 low income countries (as well as LDCs);  as a result, duty- and 
quota-free access is granted to 64 countries.  A ccording to the authorities, the only low-income 
countries not included in this extension were t hose with a population above 75 million, which were 
India, Nigeria, Pakistan, and Viet Nam as at June 2008.” 
 
Question
: The Secretariat report mentions the revised extension of the Norwegian GSP scheme from 1 
January 2008. During the process that led to this re vision, an interministerial group led by the Royal 
Norwegian Ministry of Foreign Affairs issued the report ‘Market Access  for Developing Nations’ 
(‘Utviklingslandenes markedsadgang til Norge’).  This report recommended the increase in 20 
percentage points of the preference margins fo r imports of agricultural products from developing 
countries. Has Norway followed this recommendati on in the new GSP? Is this recommendation under 
consideration for further reviews of the Norwegian GSP scheme?  
CHAPTER IV – TRADE POLICIES BY SECTOR 
(2) AGRICULTURE (ii) Border measures Pages 70, paragraphs 17  “17. General tariff reductions decided by the NAA apply automatically to all importers, with no 
quantitative restrictions.  The levels of reductions are set with the aim of lowering prices back to the target level.  The year 2007 saw a marked increase in the use of  general administrative tariff 
reductions, due largely to an increase in domestic  demand for meat and vegetables, and a rise in 
world market prices.  The NAA granted 316 general administrative tariff reduc tions in 2007 (261 in  WT/TPR/M/205/Add.1 
 Page 7 
 
 
 2006, 229 in 2005 and 237 in 2004).  In the context of Norway's previous review, the authorities noted 
that decisions on general administrative tariff reductions were published in advance on the NAA 
website (in Norwegian only), and are also maile d directly to subscribers.  Administrative tariff 
reductions were mainly granted to meat, plant s and vegetables, products for preparations of 
vegetables, fruit, nuts or other parts of plants.” 
 Question
:  The Secretariat report indicates that domestic demand for bovine meat is increasing above 
domestic supply in Norway and that administrative tariff reductions have been  applied with frequency 
for imports of the product.  These measures seem to  have mostly benefited suppliers from nearby 
countries, such as Germany, Sweden, Finland and the Netherlands.  What are the steps being taken by 
Norway to allocate a fairer and larger share of its market to meat exporters of the developing 
countries?  
Document WT/TPR/S/205 
 
CHAPTER II - TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES 
(iii) Generalized System of Preferences (GSP) Page 20, paragraph 41  As mentioned on paragraph 41 of Chapter 2, "(...) in 2006, the utilization rate of the GSP scheme, as 
estimated by Statistics Norway, was 81 % for LDCs and 77% for ordinary GSP countries" .  
According to Statistics Norway data, Brazilian degree  of utilization of Norway’s GSP is much lower 
than the average of the beneficiary developing countries.  Question
:  Since GSP trade data is provided on an a ggregated basis, it is difficult to identify the 
causes of the low degree of utilization by Brazil.  W ould it be possible to Norway to provide statistics 
of General and GSP Norwegian im ports by product (8 digit-codes) and by exporter country, or 
indicate where they can be obtained?  CHAPTER III - TRADE POLICIES AND PRACTICES BY MEASURE (2) MEASURES DIRECTLY AFFECTING IMPORTS (iii) Rules of origin 
Page 27, paragraph 20 
 According to the Secretariat Report, "Norway's GSP rules of origin are harmonized with the EC and 
Switzerland"  and the Norwegian authorities have include d minor changes to GSP Rules of Origin, 
which entered into force in January 2008. 
 
Question
:  The European Community is setting out a new approach on rules of origin in all 
preferential trade arrangements involving the EC, a lthough it has envisaged that its first concrete 
application should be to the EC GSP.  The draft Commission regulation on the reform of GSP rules of origin, which is now under discussion by the Member  States in the Customs Code Committee, intends 
to apply those new rules from January 2009.  Will the Norwegian Rules of Origin also be changed in 
the same direction as the EC's? 
 (3) MEASURES DIRECTLY AFFECTING EXPORTS Page 40, paragraph 69  
On paragraph 69, it is mentioned that export declar ations are required for statistical purposes.  Could 
Norway inform if export declarations require an y export document?  If certificates of origin are 
required, which agencies are aut horized to issue these documents? 
 WT/TPR/M/205/Add.1 
Page 8  
 
 NEW ZEALAND 
 Tariffs  
At the time of the last review, New Zealand ques tioned Norway’s remaining non-ad valorem duties, at 
10.3% in 2004.  According to the Secretariat’s re port, these have risen slightly to 10.7% in 2008 
(WT/TPR/S/205, Page 29 – Table III.1), and are largel y present in the agricultural sector.  Regardless 
of any outcome of the Doha negotiations, does Norw ay intend to move more tariffs towards ad 
valorem duties, and if so, when?    Generalised system of preferences  
Norway has shown a strong commitment to assisting developing countries, through a variety of 
mechanisms.  However, we note that certain agriculture products  considered sensitive by Norway 
(certain types of meat, milk, grain, vegetables, and fruits) continue to be carved out of policies 
extending duty and quota free access to additiona l least developed countries (WT/TPR/S/205, Page 
78).  Has Norway given thought to  expanding its policy in order to assist these countries through 
export-led growth?  
Services 
 
Despite Norway’s recent commitments on market access and national treatment in relation to services, 
there remain significant restrictions on the provision of specific professional services – particularly legal, accounting, and auditing services (WT/TPR/S/205, Page 99).  What measures are being considered or undertaken to reduce these restrictions, and if none, why not?  
 
Agriculture 
 Domestic support 
 
Norway’s support is heavily focussed on trade dist orting policies – with AMS and blue box together 
representing over 80% of total expe nditure in 2004, according to Norway’s WTO notifications.  
Norway notes (WT/TPR/G/205, Page 11), it is prepared  to accept changes that will require the reform 
of its agriculture sector.  Given that the WTO negotiations have still not been completed, does 
Norway have any plans to unilaterally reform its agriculture sector?   
Border Protection 
 
As stated in the Secretariat report, domestic agricu ltural production is heavily protected, in some cases 
with applied tariffs as high as 555% (WT/TPR/S/205, Page 66).  Why does Norway see the need to continue such dramatically high applied tariffs? 
 
Export subsidies 
 New Zealand notes that in response to our questi ons during the 2004 review, Norway accepted that 
negotiations for the Doha Development Agenda woul d lead to an end date for the elimination of 
export subsidies.  The Secretariat’s latest re port notes that export subsidies remain in place 
(WT/TPR/S/205, Pages 66 and 75).  Is Norway considering implementing policy changes to set an 
end date for all forms of export subsidies?  
  WT/TPR/M/205/Add.1 
 Page 9 
 
 
 CANADA 
 Report by the Secretariat (WT/TPR/S/205)
 
 Part III Trade Policies and Practices by Measu re; (4) Measures Affecting Production and 
Trade; (iii) Incentives (a) Overview: paragra ph 107, page 51 and Table III.9, pages 51 and 52: 
 
According to the Secretariat’s Report, in 2006, No rway initiated a program - Research, Development 
and Innovation (in the maritime industry). The duration of the scheme is six years, from 2006 to 2011 and the estimated subsidy for 2006 was NOK 2 million (grants).   
 
1. Could Norway please provide informati on regarding the Research, Development and 
Innovation (in the maritime industry) program and confirm whether it has made any payments under 
this program since 2006? In additi on, could Norway please provide further information, including the 
amounts, purpose and target of the payments for 2006 and any other subsequent payments, 
particularly as such payments may pertain to shipbuilders? 
 On March 31, 2006, in response to a question fro m Canada at the WTO Committee on Subsidies and 
Countervailing Measures, Norway stated that, “the Norwegian Government has no plans to renew this 
particular scheme (the Temporary Defensive Me chanism to Shipbuilding) in order to fund the 
domestic production of ships. Nor does Norway have any intentions to implement any other programs 
to fund the domestic production of ships.”  
 2. Does this statement remain accurate? More ge nerally, could Norway confirm that it does not 
currently provide financial support under any other program to its shipbuilding sector? 
 
3. Could Norway confirm that it has no plans to  initiate any new or modified financial support 
or related programs that would benefit its shipbuilding sector? 
 
Part III. Trade Policies and Practices by Measure, (4) Measures affecting production and trade, 
(v) Government Procurement: paragraph 135, page 59:  
 The Secretariat's Report states that, "Norway's minimum threshold for the application of 
GPA/EEA/EFTA and EFTA FTA specific rules during 2008 and 2009 are: NKr 41,000,000 for all 
construction services contracts, NKr 1,050,000 for the supply of goods, NKr 1,650,000 for services 
and NKr 3,300,000 for works contracts."   
4. Can Norway please provide further information a bout its thresholds, particularly the differing 
thresholds between goods and services, and the differing thresholds for works contracts and 
construction services contracts? 
 
Part III. Trade Policies and Practices by Measure; (4) Measures affecting production and trade, 
(v) Government Procurement: paragraph 143, page 60:  
 
The Secretariat's Report states that, "The authorities also note that procurement under the GPA/EEA/EFTA or EFTA's FTAs must be published in ternationally, except for selective tendering."  
 5. Can Norway clarify this statement?  Part III. Trade Policies and Practices by Measure; (4)
 Measures Affecting Production and 
Trade; (vi) Intellectual Property Rights: paragraph 152, page 62: 
 WT/TPR/M/205/Add.1 
Page 10  
 
 The Secretariat Report states that amendements to  the Patents Act, in force from January 2008, 
introduced an administrative procedure for the revocation of a patent.  
6. Can Norway please clarify under what circumst ances the administrative procedure may serve 
as an alternative to judicial procedures to revoke a patent? 
 
Part III. Trade Policies and Practices by Measure; (4)
 Measures Affecting Production and 
Trade; (vi) Intellectual Property Rights: paragraph 153, page 63: 
 
The Secretariat Report notes that amendments  to the Copyright Act in 2005 provided for 
circumvention of copy protection for private use of copyright materials, and that an annual grant (NKr 
34.8 million in 2007) is allocated out of the nationa l budget to compensate right holders in the EEA.  
 7. Can Norway please elaborate on how the amount and recipients of this annual grant are 
determined? 
 
Part III. Trade Policies and Practices by Measure; (4)
 Measures Affecting Production and 
Trade; (vi) Intellectual Property Rights: paragraph 162, page 65: 
 
The Secretariat Report states that amendments to the Enforcement of  Claims Act in September 2007 
provided Customs Authorities with new ex officio  powers to detain goods suspected of infringing IP 
rights for up to 5 days after notifying the rights holders.  
 
8. Canada would be grateful if Norway coul d provide the number of times Customs Authorities 
have taken action ex officio  since the amendment. 
 
Part IV. Trade Policies by Sector; (2) Agricultu re; (ii) Border measures: paragraph 19, page 71: 
 
The Secretariat report notes that in-quota fill rates are low in a number of cases. Based on Table IV.4, nine of Norway's fifteen tariff quotas that are administered and notified to the WTO had fill rates below 65% in 2005.   9. Can Norway explain why these TRQs have  been under filled, explain how they are 
administered, and what steps are being taken to improve the fill rates of these tariff quotas?  
 
Part IV. Trade Policies by Sector; (2) Agricultu re; (ii) Border measures: paragraphs 20 and 22, 
pages 72-73: 
 The Secretariat report outlines that so me Members have raised concerns  with regard to the allocation 
of quotas through auctioning and at the time of Norway's previous TPR they indicated that the quota ceilings for individual importers were set at 50% of the total quota.   10. Can Norway please provide a detailed expl anation of how auctioning is used in the 
administration of their tariff quotas and explain how th ey ensure that unrestrict ed access to the tariff 
quantity is provided.  
 11. Could Norway please confirm if the 50% ceiling restriction for individual importers is still in 
place and if so please outline the purpose of maintaini ng this requirement, particularly with regard to 
the tariff quota with consistently low fill rates.   WT/TPR/M/205/Add.1 
 Page 11 
 
 
 Part IV. Trade Policies by Sector; (2) Agricultu re; (ii) Border measures: paragraph 21, page 73: 
 
The Secretariat report indicates that Norway administers a tariff quota regime for imports of cereals and oilseeds which they implemented after the Uruguay Round.   
It is also stated in the report, "Norwegian Agriculture Status and Trends 2007”,  that it was suggested 
by the Ministry of Agriculture to  substitute state compulsory purc hases with a target price system 
including an import system based on tariff quotas (i.e. quotas with lower tariff rates than the maximum tariff rates) for the cereals and oilseeds.  
12. Could Norway please provide additional bac kground information on how this tariff quota 
regime was developed, and the terms and conditio ns of access which apply, including whether the 
quotas have lower tariffs than the maximum tariff rates and if so, what they are? 
 
Part IV Trade Policies by Sector; (2) Agricult ure; (I) Features; (iii) General Support, (iv) 
Policies by group of products; c) Vegetables, fr uit and other products; paragraph 42, page 79: 
 
Paragraph 42 indicates that, "In the horticulture sector  transport and storage support is also provided". 
Canada notes that Table STDS:7 of Norway's  2002, 2003 and 2004 domestic support notifications 
(G/AG/N/NOR/47) reference a measure titled, "Storage subsidy, fruit".  
 
13. Could Norway please clarify whether, "Stora ge subsidy, fruit" includes amounts for storage 
subsidies only or if this amount also includes transport subsidies?    If transportation subsidies are included,  
14. Could Norway please provide a breakdown of th e support by transport and storage measure?   
If transportation subsidies are not included in the amount for, "Storage subsidy, fruit",   15. Could Norway please indicate where in its domestic support notification (G/AG/N/NOR/47) 
the transport subsidy is reported?  
Part IV. Trade Policies by sector; (5) Energy; (ii) Hydrocarbons: paragraph 84, page 86:  
 Paragraph 84 states that Norway's Petroleum Act establishes that petroleum exploration and production licences may only be awarded to persons and companies resident in EEA member states 
(i.e. companies domiciled in the EEA regardless of the capital origin).  
 
16. Does Norway plan to grant companies domiciled outside of EEA the rights for petroleum exploration and production licences? 
 
Part IV. Trade Policies by Sector;  (7) Services;  (v) Professional Services: paragraph 165, page 
99: 
 
Paragraph 165 indicates that the Norwegian Agency  for Quality Assurance in Education (NOKUT) 
evaluates foreign qualifications and provides form al recognition of correspondence to Norwegian 
degrees, but in certain professions it may be necessary to obtain recognition from Norwegian 
Universities. 
 
17. Can Norway please provide more informati on on which professions are covered by NOKUT's 
services and which require specific recognition from Norwegian universities and please advise if there 
is a listing of Norwegian Universities that might provide such recognition? 
 WT/TPR/M/205/Add.1 
Page 12  
 
 Part IV. Trade Policies by Sector;  (7) Services;  (v) Professional Services:  paragraph 171, page 
100: 
 
Paragraph 171 indicates that lawyers from outside  the European Economic Area may be given 
permission by the Supervisory Council to practice foreign law or private international law. 
 
18. What is the process of seeking such permission and what are the requirements for approval? 
Part IV. Trade Policies by Sector; (7) Services;  (v) Professional Services: paragraphs 173-174, 
and 177, pages100-101:  
 Canada notes that external accountants and auditors  are supervised and licensed by the Financial 
Supervisory Authority of Norway.   19. Is the licensing regime the same for domestic  accountants and auditors?  If different, how 
does it compare? 
 
Paragraphs 174 and 177 indicate that external account ants and Auditors must have a permanent place 
of business (office location for auditors) in Norway  and be resident in a European Economic Area 
state.  20. How do you define resident in this case? 
 
Comments
 
 
Part II. Trade Policy Regime: Fram ework and Objectives; (4) Interna tional Relations; (ii) Preferential 
trade agreements; (c) Other free trade agreem ent: paragraph 36, page 19, footnote 43:  
 
Canada would note that, with regard to the Canada-EFTA FTA (CEFTA), the EFTA Secretariat 
notified the WTO of the signing of the CEFTA via e- mail on July 28, 2008 Canada notes that there is 
no document issued yet by the WTO for this notification. 
 
SWITZERLAND 
 
Report by the Secretariat 
 
III. TRADE  POLICIES  AND  PRACTICES  BY MEASURE 
(2) Measures Directly Affecting Imports 
(iv) Tariffs  
(c)Tariff preferences  
 
According to para. 31, preferences granted for pr ocessed foods sometimes take the form of matrix 
tariffs. Could Norway specify how, on which basi s and for which products are these matrix tariffs 
calculated? 
 
(2) Measures Directly Affecting Imports 
(v) Other charges affecting imports  
(a)Value-added tax (VAT)  
According to para. 33, a new Act is expected to en ter into force in 2009 at earliest. Could Norway 
indicate which will be the main changes to the VAT act? 
  WT/TPR/M/205/Add.1 
 Page 13 
 
 
 (4) Measures Affecting Production and Trade 
(vi) Intellectual Property  
 
153. As regards geographical indications, Table III.11 in paragraph 153 of the Report by the 
Secretariat mentions GI protection for food articl es and traditional agricultural specialties. Could you 
please specify if products other than food articles an d agricultural specialties are also susceptible of 
protection as geographical indications in Norway? If they are, could you please indicate which legal 
text/s is/are relevant?  EUROPEAN COMMUNITIES 
 
II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES  
(4) INTERNATIONAL RELATIONS (6) Trade Agreements and arrangements. 
WTO Secretariat's report, page 18, para.29  
Comments to the WTO Secretariat
 
 Paragraph 29 should be suppl emented with information also rega rding trade in processed agricultural 
goods (PAPs). In the EEA Agreement, trade regarding these products is regulated in Protocol 3. There 
has only been one round of bila teral trade liberalisation in PAPs since the entry of the EEA 
Agreement in 1994. The EC asked 2006 to resume tr ade negotiations in the PAPs sector, under the 
revision clause of Protocol 3. Iceland responded favourably, but not Norway.   Furthermore, paragraph 29 could al so be supplemented with informa tion concerning Protocol 9 of the 
EEA Agreement. This protocol gives Norway prefer ential access to the EU market for certain fish 
products. In addition, Norway has been granted several large additional duty-free quotas in the 
fisheries sector, as part of the negotiation process for the last two enlargements of the EU/EEA. 
 
WTO Secretariat's report, page 19, para.36 
The Report outlines that Norway, as an EFTA Member, is part of an expanding network of free trade 
agreements that includes more than 50 countries.  1. Could Norway further elaborate on how it inte nds to encourage sustainable development and 
core labour standards in the context negotiations with third countries? 
 
WTO Secretariat's report, page 20-21, para.41-45   
The report states that 140 countries are eligible, yet 57 "did not meet the scheme requirements".   2. Could Norway explain why so many countr ies did not meet these requirements? Could 
Norway clarify whether they fail to formally apply, or  there were more structural elements in play?   
 3. Does Norway intend to take sp ecific measures in order to increa se the effective utilisation of 
the scheme by LDCs, as the report mentions that the scheme is only effective for 27 (out of potentially 
50) LDCs?  
 
4. Could Norway provide a breakdown of LDC imports into agricultural and manufactured 
goods, and also provide data on the value of GSP im ports (as compared to total imports, if possible 
also broken down between LDCs and total imports)? 
 WT/TPR/M/205/Add.1 
Page 14  
 
 III. TRADE POLICIES AND PRACTICES BY MEASURE 
(3)MEASURES DIRECTLY  AFFECTING EXPORTS 
WTO Secretariat's report, page40, para.69  
 
The report states: "while Norway does not have any export processing zones, a drawback system is in 
place and tariff concessions are available on inputs for agricultural and manufactured products that are 
subsequently exported".  5. Could Norway give data on the yearly volume of exports carried out under the drawback system? What is the share of it within the Norwegia n exports? Is this system used in trade with the 
EEA Members as well? 
 
WTO Secretariat's report, page42, para.77  
 
Norway has a specific system under which "customs  duties can (also) be refunded on domestically 
produced goods that are substitutes for previously  imported goods if domes tic products are of the 
same kind and quality as the previously imported goods".  6. Could Norway give details on this specific sy stem? What sorts of produc ts are covered?  How 
it affects competition on the market?   IV. TRADE POLICIES BY SECTOR (2) AGRICULTURE (i) Features 
 
WTO Secretariat's report, page 68, para. 10 
 
The report mentions briefly that the various ag ricultural cooperatives are responsible for market 
regulation in the respective sectors. A footnote inform s that dairy products are regulated by Tine BA. 
The EC would like to underline that Tine BA is a key player in the Norwegian market, covering very 
high retail market shares in the segments of the dairy sector (in 2007 about 70-97 %).  
7. Could Norway elaborate on the different ro les and duties of Tine BA regarding market 
regulation? 
 
WTO Secretariat's report, page 68, para. 11 
 The report informs that yearly agricultural agreemen ts lay down target prices  for farm products and 
fiscal support to be accorded to the sector.  Tabl e IV.3 on page 69 provides information on the main 
elements of the agricultural agreements 2004-2008.  It is noted that for 2008, target prices were 
increased by 1.5 billion NOK.  The EC would like to note that the budget support to agriculture increased by 0.4 billion NOK.  In addition, and to compensate the industry producing PAPs, subsidies 
were increased by 55 million NOK.  
 
8. Could Norway comment on how this increased  compensation to industry producing PAPs is 
compatible with the stand-still clause of  Protocol 3 of the EEA Agreement? 
 
(ii) Border measures 
WTO Secretariat's report, page 70, para. 17-18  
 
The report describes the systems for general and indi vidual tariff reductions applied in Norway.  In 
2007 approximately 3800 tariff reductions (general and individual) were granted on imports of 
agricultural products.  Tariff reductions are gr anted due to increases in domestic demand.  WT/TPR/M/205/Add.1 
 Page 15 
 
 
  
The EC would like to note that this practice incr eases both market access and the supply of food 
products .  On the other hand, transparency and predicta bility of markets tend to decrease when tariffs 
fluctuate over time.  To some extent, variable duti es are reintroduced through this practice.  In the 
Uruguay Round, a general prohibition on variable duties was actually introduced. 
 
9. Could Norway comment on this?  
WTO Secretariat's Report, page 70, para.18  
 
The report indicates that "individual tariff reducti ons, which may be granted to importers upon 
application to the NAA, are limited to a specified qu antity of a particular product.  The intention is to 
protect products produced in Norway, as well as subs titutes, but to allow imports of products that are 
distinctly different in taste or use from domestic  agricultural products, as a supplement to domestic 
production". 
 
10. Could Norway explain if the intention is to protect national products, as it seems from the mentioned paragraph?  11. Could Norway specify which criteria are a pplied in order to grant the concerned tariff 
reduction and also if equal treatment is considered?  WTO Secretariat's report, page 71, para. 19   
It is reported that Norway bound 232 tariff quotas dur ing the Uruguay Round.  However, in practice, 
tariff quotas are applied to only 24 8-digit HS headi ngs.  Most of the quotas are not administered as 
current applied tariffs, and are either equal to or  lower than the in-quota bound rate.  The EC would 
like to recall that tariff quotas were agreed as a measure to facilitate trade.  12. Could Norway explain why only 10% of the tariff quotas have been administered? 
 
WTO Secretariat's Report, pages 73, para.20 
 The Secretariat's report notes that at the time of Norway's previous review, concerns were expressed 
about low quota fill rates and the method of alloca tion through auctioning.  Norway expressed the 
view that quota auctioning had certain advantag es in being equitable and non-discriminatory, 
transparent and efficient.  It was also underlined  that "quota allocation methods were being discussed 
in the ongoing negotiations."  The EC would like to note that the use of this method is not 
contemplated in the last papers produced in  the context of DDA agricultural negotiations. 
 13. Could Norway share its position on this issue?  
Follow up to question 12
 
 
WTO Secretariat's report, 71, para. 19  
”During the Uruguay Round, Norway included 232 tariff quota commitments (over 300 tariff lines at 
the 8-digit level). Most of these qoutas are not administered, however, as current applied tariffs are 
either equal to or lower th an the in-quota bound rate.” 
 
 Could Norway please account for the in-quota bound rates as well as for the MFN tariffs 
for the tariff quotas that are not administered?  
 WT/TPR/M/205/Add.1 
Page 16  
 
 Additional comments and questions on agriculture
 
 WTO Secretariat's Report, page 73, para.22 
 
We note that in general quotas are allocated through auctioning. 
 
Table IV.4 should be supplemented, where relevan t, by a yearly average of the auction prices 
for the respective tariff quotas op erators have to pay to be able to import through the tariff 
quotas. In the case of meat of bovine animal, fr ozen, the auction price amounted to an average 
of 50.74
1 NKr/kg (6.332 euro/kg) in 2007.  The in-quota duty rates amount to 9.11-33.60 NKr/kg. 
The auction price was thus much higher than the in-quota duty rate. 
WTO Secretariat's Report, page 73, para 23  
The Secretariat report indicates that "[r]evenue collected from quota auctions was NKr 113.2 million 
in 2007 and NKr 118.4 million in 2006 (some US$19. 2 million and US$20.1 million respectively).”  
 
 Could Norway please provide information regarding the size of the revenue in relation to the 
value of the products concerned, at th e most disaggregated level as possible? 
 
ECUADOR 
 
Informe de la Secretaría WT/TPR/S/205 
 
OBSERVACIONES RECAPITULATIVAS 
 
1. En el párrafo 22 se señala que el Gobierno ha  adoptado nuevos procedimientos en materia de 
licencias y de tributación para atraer inversión privada. 
 ¿Cuáles son estos nuevos procedimientos en materia de licencias y de tributación?  ¿Se ha realizado una evaluación del impacto de estos nuevos procedimientos en la atracción de 
inversión privada? 
 
II. RÉGIMEN DE POLÍTICA COMERCIAL: MARCO Y OBJETIVOS 
iii) Sistema Generalizado de Preferencias (SGP)  
 2. El párrafo 41 se refiere al régimen SGP.  
 ¿Cuáles son los requisitos que los países y territo rios deben cumplir para acceder a este régimen 
preferencial?  ¿Existe en Noruega alguna institución que tenga como  objetivo brindar cooperación y asistencia a los  
exportadores de los países que se benefician del ré gimen SGP a fin de incrementar las importaciones 
provenientes de esos países?  
                                                     
 
1 According to the website of Statens Lantbr uksforvaltning (SLF), the Norwegian Authority 
responsible for tariff quota admini stration in Norway.www.slf.dep.no. 
2 1 NKr = 0,1248 euro in 2007.  WT/TPR/M/205/Add.1 
 Page 17 
 
 
 III. POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS 
2) MEDIDAS QUE AFECTAN DIRECTAMENTE A LAS IMPORTACIONES i) Procedimientos y documentación 
 3. En el párrafo 7 se indica que los importa dores de determinados  productos deben estar 
registrados.  ¿Cuáles son los productos cuya importación requiere de registro? 
 
3) MEDIDAS QUE AFECTAN DIRECTAMENTE A LAS EXPORTACIONES 
iii) Subvenciones y concesiones fiscales 
 
4. En el párrafo 75 se señala que Noruega o frece concesiones arancelarias para los insumos 
importados que se utilizan en la elaboración de productos agrícolas destinados a la exportación. 
 
¿Podría proveer mayor información acerca de la manera en la que este sistema de concesiones 
funciona? 
v) Fomento de las exportaciones y asistencia a la comercialización 
 5. El párrafo 81 describe algunos aspectos ge nerales sobre “Innovation Norway”, empresa 
estatal que trabaja para asegurar diferentes aspectos de la internacionalización de las empresas.  ¿Podría profundizar en cuanto a la conformación, funcionamiento, financiamiento y competencias de 
esta institución, así como en el rol que el  sector privado desempeña en la misma?  
 
IV) POLÍTICAS COMERCIALES, POR SECTORES 
2) AGRICULTURA i) Características 
 
6. El párrafo 11 señala que uno de los principales instrumentos legislativos que regulan el sector 
agropecuario de Noruega es el Acuerdo Básico, in strumento en el que las dos principales asociaciones 
de agricultores –la Unión de Agricultores y Gana deros de Noruega y la Unión de Agricultores, 
Ganaderos Pequeños Terratenientes de Noruega- s on partes y como tales tienen derecho a negociar 
con el Gobierno en las negociaciones agrícolas anuales.   
¿Cómo se desarrolla el proceso de negociación entr e estas dos asociaciones agrícolas y el Gobierno? 
 
¿Se contempla la posibilidad de que no se llegue a un acuerdo entre las asociaciones y el Gobierno? 
 7. En el párrafo 12 se menciona que en los ú ltimos años se ha prestado mayor atención a la 
agricultura orgánica y han aumentado los pagos ot orgados en el marco de l Programa Nacional del 
Medio Ambiente establecido en 2004.   
¿Se han implementado programas específicos para promover la agricultura orgánica? 
 
¿Cómo funciona el mecanismo de pagos contempl ado en el Programa Nacional del Medio Ambiente 
establecido en 2004?  WT/TPR/M/205/Add.1 
Page 18  
 
 CHINESE TAIPEI 
 
Report by the WTO Secr etariat (WT/TPR/S/205) 
 
(II) TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES (4) INTERNATIONAL RELATIONS 
(ii) Preferential trade agreements (b) European Economic Area (EEA) 
 (page 18, paragraph 31) 
According to the Report, “To ensure uniformity across the EEA of the rules underpinning the single 
market, Norway and other EEA-EFTA States are required to transpose into domestic law, on a 
continuous basis, EC legislation covered by th e agreement.  The mechanism envisaged by the 
agreement involves amending the agreement to reflect  such legislation, and then transposing the 
amended part of the agreement into the domestic legal order of EEA-EFTA states.  Decisions to 
amend the agreement are taken by consensus in th e EEA Joint Committee.  Th ere are also mandatory 
exchanges of information and consultations between the EC Commission and EEA-EFTA states 
throughout the elaboration and a doption of EC legislation.”   
 Could Norway please provide a comprehensive list of EC legislations that are required to be 
transposed into its domestic laws?  For example, c ould Norway  also confirm that all EC customs 
rules, regulations and classification, will also be applied in Norwegian trade regime? 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(4)^MEASURES AFFECTING PRODUCTION AND TRADE 
(i) Legal framework for business (page 45, paragraph 83) 
 
Norway is conducting a survey of legislation that affects business in order to simplify the regulatory 
framework.   We would appreciate having further information on  how the survey is being conducted and the scope 
of the questions .  
 (ii) Competition policy and price controls (page 48, paragraph 97) 
 
“The Competition Act applies to all sectors, includi ng state-owned enterprises.  However, on certain 
conditions it exempts agriculture, fisheries, and forestry from the rules against price-fixing and 
market-sharing arrangements between undertakings, as well as the misuse of dominant position.  The 
exemption includes agreements between producers of  primary products or their organizations, which 
are necessary for the implementation of sector regul ations or agreements with the State.”   
 
(i) Could Norway please elaborate further on th e “conditions” that may exempt application of 
the Competition Act on agriculture, fisheries, and forestry?  
 (ii) Are these conditions also applied to produ cers of primary products imported from countries 
outside the EU?   WT/TPR/M/205/Add.1 
 Page 19 
 
 
 (iv) State-trading, state owned enterprises and privatization 
(page 58, paragraph 128) 
 
In the period 2003-07, there was a considerable slow down in the privatization process compared with 
the previous review period.   (i) Could Norway please describe the progress made in the privatization process so far in 2008?  
 
(ii) Has any timetable been set for privatization in 2008? 
 
(IV) TRADE POLICIES BY SECTOR (5) ENERGY (ii) Hydrocarbons (a) Main features (page 84, paragraph 77) 
 
We note from the Report that the State holds 62.5% of the shares of StatoilHydro, but the Storting (Norwegian Parliament) has decided that the Stat e’s share should increase to 67% through purchases 
in the stock market.   
 
We are concerned that this continuing tenden cy of the government to increase its shareholding 
percentage in the large oil companies such as StatoilHydro will have a negative effect on the 
privatization programme and limit competition in the oil market in Norway, therefore we would 
appreciate knowing more about its purpose and expectati ons with regard to this latest decision. 
 (b) Legal framework 
(page 86, paragraph 84) 
 
The Petroleum Act establishes that exploration and production licences may only be awarded to 
persons and companies resident in EEA Member States. 
 
Is there a possibility that the Norwegian government might further ease this restriction in the future 
so that foreign investors other than those in the EEA would be attracted to become involved in oil and 
gas exploration and production activities in Norway? 
 
(iii) Electricity (page 88, paragraph 96) 
 
The Industrial Licensing Act determines that privat e Norwegian or foreign companies are obliged to 
return any rights and assets for hydropower genera tion to the State after 60 years, while publicly 
owned companies may be granted perpetual licen ces. In this regard, the Norwegian government 
presented a proposal to the Storting in mid 2008 fo r changes to the Industrial Licensing Act and 
Watercourse Regulation Act.   
 
Would it be possible for Norway to provide us and other WTO Members with an update on the status 
of this proposal for changes?  
(iv) Maritime transport 
(b) Regulatory framework 
(page 99, paragraph 162) 
 Norway introduced a new tonnage tax system on 1 January 2008.  The tonnage tax system, which 
applies the final taxation of profits from shipping activ ities in place of its original deferred tax system, WT/TPR/M/205/Add.1 
Page 20  
 
 is now available to companies registered in Norway and can be used by most vessels registered in the 
NOR, the NIS and under a foreign flag.  
 
With the adoption of the new tax system, does No rway allow foreign vessels the choice of selecting 
either the deferred tax system or the new tonnage tax system? 
 
Report by Norway (WT/TPR/G/205) 
 
II. Economic Environment (3) Labour Market and Migration 
(Page 8, Paragraphs 19 ～20) 
 
As indicated in the report, since 2000 there has been a strong rise in labour immigration to Norway. 
Labour immigrants from the EEA tripled in the period between the enlargement of the EEA from 
2004 to early 2008 while immigrants from non-EEA  nations increased by 80% from 2004 to 2007, 
close to 7000 in 2007.  
 
Do these migrant workers constitute a complementary or substitutive labour force in Norway?  What 
are major impacts on the Norwegian labour market?  Could Norway please provide the statistics 
breakdown by gender, nationality, and vocation for EEA and non-EEA immigrants respectively?  
II. Economic Environment 
(3) Labour Market and Migration 
(Page 8, Paragraphs 21 ～22) 
 
As indicated in the report, in 2008, a new immigra tion act was adopted by the Parliament, and then a 
separate act implementing EU directive 2004/38/EC w as presented to the Parliament.  Meanwhile, a 
report to the Storting No. 18 Labor migration was appr oved by the Parliament this year.  Since various 
movements have been made by Norwegian Parliament  to contribute to a more transparent and more 
efficient labor market, could Norway please provideinformation of the following questions:  How is the entry and stay of immigrant workers managed?  
What are the objectives of this policy?  
UNITED STATES 
 WT/TPR/G/205
 
 
Page 14, paragraph 63:   Norway increased its Aid for Trade budget by 50% in 2007-2008.  What 
have been the primary accomplishments of this prog ram that led to the decision to increase spending? 
 
WT/TPR/S/205  
 
SUMMARY OBSERVATIONS  
 
Page vii, paragraph 1:   The Secretariat suggests that reducing assistance to domestically produced 
agricultural goods would “align agricultural policy with the market-based solutions pursued in other 
sectors.”  Does Norway agree with this assessment and, if so, what steps does Norway envision to 
decrease this assistance? 
  WT/TPR/M/205/Add.1 
 Page 21 
 
 
 II. TRADE POLICY REGIME:  FRAMEWORK AND OBJECTIVES 
(1) Overview  
Page 12, paragraph 4:
 Does Norway believe that there are limited opportunities for foreign 
investment in sectors where there is a high level of st ate ownership and, if so, is it concerned that this 
limitation is adversely affecting these sectors? 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(2) Measures Directly Affecting Imports 
(i) Procedures and documentation  
Page 25, Paragraph 9:
  According to the Secretariat, “All import declarations are handled by the 
TVINN electronic clearance system, which is accessib le 24 hours a day.  The system includes checks 
to detect declarations that contain errors or may require closer examination by customs officials, for 
example if prices differ significantly from average prices, or if imports from a certain country are 
unusual.” Please clarify which average prices are used an d on what basis.  In addition, what would be 
considered “unusual”?  Page 25-26, Paragraph 11:
  The Secretariat’s Report states that “The Norwegian Customs and 
Excise Service has issued a Strategy Plan 2005-2008 , which sets out changes it intends to implement 
over this period.  Does the Norwegian Customs and Excise Service expect to issue a new plan for 
2009-2012? If so, is there an estim ated timeframe for issuance?  
 
(iv) Tariffs 
(a) MFN applied tariff 
Page 28, paragraph 24:   Currently, what percent of Norway’s  total tariff lines have ad-valorem 
equivalent tariff rates greater than 100%? 
 (ix) Sanitary and phytosanitary measures 
 
Page 37, Paragraph 59:
  Does Norway prohibit the importati on of beef from cattle treated with 
growth promoting hormones?  Has Norway sought any adaptations in its application of the EC’s 
legislation on the importation of such beef?  
 Page 38-39, Paragraph 64:
  What amendments are being made to the regulations on wood packaging 
material and for what purpose? Ar e they intended to meet EC requirements or ISPM 15? If based on 
the EC regulation, has Norway completed a risk a ssessment?  If the issue is ISPM 15, does Norway 
intend to wait before making changes to its wood packaging requirements for the IPPC amendment 
process to be completed by January 2009?  (4) Measures Affecting Production And Trade (ii) Competition policy and price controls  
Page 48, paragraph 93:
  Does Norway agree with the OECD recommendation to increase 
competition in the food sector and, if so, are there any plans under the Competition Act (or otherwise) 
to do so?  (iv) State-trading, state owned enterprises and privatization 
 
Page 58, paragraphs 128-129:
  Why has Norway set the target for state ownership of business and 
industry at the 2006 level?  What factors drove this decision and thereby the slowdown in the 
privatization process since the last review? WT/TPR/M/205/Add.1 
Page 22  
 
  
(v) Government procurement  Page 60, paragraph 138
 of the Secretariat’s Report states:  “The regulations also introduced a 
‘dynamic purchasing system’, which allows the contracting authority to set up a non-exclusive list of 
suppliers for a period of four years.”  Please descr ibe how such a list of suppliers is developed, 
including how suppliers are informed of the developm ent of, and existence of, such a list, whether the 
lists are by sector,  the requirements for inclusion of suppliers on such lists, whether suppliers are 
allowed to apply for inclusion on the list, and if so , what is the process that is used.  Also, please 
explain how such lists differ from “permanent lists ,” which according to Para. 142, page 61 “are not 
allowed, except for utilities”. 
 
Page 61, paragraph 143  of the Secretariat’s Report states: “The authorities also note that 
procurement under the GPA/EEA/EFTA or EFTA's FTA s must be published internationally, except 
for selective tendering.”  Please explain whether Norw ay publishes information on procurements in 
which it intends to use selective tendering.  If so, please describe how and where Norway makes 
available to suppliers information on procurements  in which it intends to use selective tendering. 
 (vi) Intellectual property rights  Designs
 
 
It is our understanding that Norway has a term of industrial design protection for spare parts that is 
shorter than the ten years set in TRIPs Art. 26(3).  Norway has argued in the past that the shortened 
term was a limited exception permitted by TRIPS.  In Table III.11 of WT/TPR/S/205, an observation 
was made that “Components and spare parts used for the repair of a complex product may only be 
protected for 5 years.”  Does Norway continue to fi nd that five years of protection permits the normal 
exploitation of the industrial design, and does not unreasonably prejudice the legitimate interests of 
the owner of the protected design?  If five years is  adequate for spare parts, are there other designs 
that Norway considers would be appropri ate for a less than ten- year term? 
 Patents
 
 
In paragraph 148 of WT/TPR/S/205, it is stated that “Norway's Patents Act requires that national 
applications relating to biological material must disclose the origin of the material.” 
 The requirement of Norway’s Patent Act for the discl osure of the information on the country of origin 
of biological material, and whether prior informed  consent was obtained, appears to be a significant 
burden upon patent applicants.  This  burden appears to be unreasonable, because it is not clear when 
this information is required or wh y it would be relevant to the processing of a patent application.  
Please provide details as to when and how the disclosure requirement must be met.  In addition, please explain the basis for requiring the disclosure of biological material.  How is such a 
requirement consistent with the provision to TRIPS Ar ticle 27(1) that “patents shall be available and 
patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced”?   The disclosure require ment appears to place 
additional burdens upon inventors working on  technologies related to biologic resources. 
 
Enforcement
 
 In the 2004 Trade Policy Review, Norway indicat ed that the maximum penalties of three-month 
imprisonment for trademark counte rfeiting and three-year imprisonment for copyright infringement 
are a sufficient deterrent.  Please provide any rele vant statistics from 2004 onwards (e.g. decreasing  WT/TPR/M/205/Add.1 
 Page 23 
 
 
 software piracy levels, increasing number of pro secutions and/or sentences, shifts in consumer 
attitudes towards software piracy or trademark counterfeiting) indicating that the penalties for 
intellectual property rights infringement have had a sufficient deterrent effect. 
 
IV. TRADE POLICIES BY SECTOR 
(2) Agriculture 
(ii) Border measures 
 
Pages 71-73, paragraphs 19-20:   Norway administers tariff quotas for 24 tariff lines, most of which 
are allocated through auctions.  In Norway’s 2004 review, there was concern about low quota fill 
rates, which appear to be a continuing problem.  What steps has Norway taken since 2004 to address 
this problem?  
ARGENTINA 
 
WT/TPR/S/205, INFORME DE LA SECRETARÍA 
 II. MARCO Y OBJETIVOS DEL RÉGIMEN DE POLÍTICA COMERCIAL 3) Régimen de inversiones extranjeras Párrafo 15, página 16  
En este párrafo el informe indica que en Noru ega no hay una ley única que regule las inversiones 
extranjeras, y que la legislación aplicable a est a materia está recogida en diversas normas. ¿Podría 
Noruega informar cuáles son dichas normas y si se pueden consultar en alguna página web?  
 iii) Sistema Generalizado de Preferencias (SGP) 
Párrafo 41, página 23 
 En este párrafo se menciona que, en 2008, Noru ega ha llevado a cabo una profunda revisión de su 
régimen SGP, y que, a fecha de 1º de enero de 2008, podían optar al régimen noruego 140 países y 
territorios en desarrollo, siendo el mismo aplic able a 27 países en desarrollo, 11 países de ingresos 
bajos y 45 países de ingresos medios. ¿Podría Noruega especificar cuáles son esos países para los 
que el régimen resulta aplicable?  
Párrafo 43, página 23 
 
En este párrafo se hace referencia a que, bajo el nuevo régimen de SGP de Noruega, otras 
importaciones agropecuarias (en particular, determinados  tipos de carne, leche, cereales, hortalizas 
y fruta) se consideran sensibles y, por lo tanto, sólo gozan de reducciones del 10, el 15 o el 50 por 
ciento del tipo NMF aplicado. ¿Podría Noruega in formar los criterios para considerar a ciertas 
importaciones agropecuarias como sensibles, y de dónde provienen mayormente dichas 
importaciones al presente? 
 
III. POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS 2) MEDIDAS QUE AFECTAN DIRECTAMENTE A LAS IMPORTACIONES ix) Medidas sanitarias y fitosanitarias Párrafo 58, página 42  
Este párrafo menciona que, como consecuencia de  las obligaciones que le corresponden en el marco 
del Acuerdo sobre el EEE, Noruega adopta la legi slación veterinaria y alimentaria de las CE. 
¿Podría Noruega informar si los requisitos de impo rtación son los mismos que los aplicados por las 
CE, incluso en aquellos casos en que existen diferen cias en los estatus sanitarios? ¿Cómo se ajustan WT/TPR/M/205/Add.1 
Page 24  
 
 los requisitos de importación ante la ocurrencia de un evento sanitario en al gún Estado Miembro del 
EEE?  Este párrafo también se refiere a que la legislaci ón veterinaria del EEE contie ne disposiciones sobre 
bienestar animal y control y prevención de las enfermedades de los animales. ¿Podría Noruega 
brindar detalles sobre cuáles son la s exigencias en materia de bien estar animal que Noruega aplica a 
terceros países, y si dichas exigencia s resultan ser una condición de acceso? 
 Párrafo 61, página 43  
En este párrafo, el informe hace referencia a que en Noruega no se perciben derechos de control e 
inspección sobre los productos procedentes de ot ros países del EEE, dado que éstos no están sujetos 
a ningún control periódico en los puestos de in spección fronterizos de Noruega. ¿Podría Noruega 
confirmar si no existe ningún tipo de control en lo s puestos de inspección fronteriza respecto a los 
productos procedentes de otros países del EEE, inclus o en los casos en que existan diferencias de 
estatus sanitario/fitosanitario? ¿En el caso de  que un producto proveniente de un tercer país 
ingresara por otro Estado Miembro del EEE, sería cont rolado nuevamente al entrar a Noruega, y, en 
qué casos ello ocurriría?  Párrafo 62, página 43 
 
En este párrafo, el informe menciona que en el re glamento relativo a las plantas y a las medidas 
contra las plagas (2000) se establecen MSF nacio nales con respecto a la sanidad vegetal, y que el 
mismo contiene varias prohibiciones de importaci ón.  Si bien la sanidad vegetal no está abarcada por 
el Acuerdo sobre el EEE, este reglamento es compatib le con la legislación pertinente de las CE. Al 
respecto, ¿podría Noruega informar si ha adoptado la  misma legislación de las CE -Reglamento CE 
396/2005- en materia de Límites Máximos de Residuos de Productos Fitosanitarios? 
Párrafo 68, página 46  En este párrafo, el informe establece que ocho organismos modificados genéticamente (OMG) 
autorizados en las CE están prohibidos en Noru ega por consideraciones de que esos OMG entrañan 
un riesgo para la salud o el medio ambiente o infri ngen de otro modo las prescripciones de la Ley de 
Tecnología Genética de Noruega. ¿Podría Norue ga especificar cuáles son los ocho OMG que están 
autorizados en las CE y no en Noruega, y brindar más detalles sobre los mo tivos específicos de su 
prohibición, incluyendo su fundamentación con base en evidencia científica?  IV. POLÍTICAS COMERCIALES, POR SECTORES 
2) AGRICULTURA 
ii) Medidas en frontera Párrafo 17, página 79 
 
En este párrafo, el informe indica que durante 2007 se registró un considerable aumento en el uso de 
reducciones arancelarias administrativas generale s, debido principalmente al aumento de la 
demanda interna de carne y hortalizas y a la s ubida de los precios en los mercados mundiales. 
Asimismo, se refiere a que, en el  contexto del anterior Examen de Noruega, las autoridades señalaron 
que las decisiones relativas a las reducciones ar ancelarias administrativas generales se publicaban 
por anticipado en el sitio Web de la Dirección General Agrícola (sólo en noruego) y además se 
enviaban por correo directamente a los abonados.  Teniendo en cuenta que las reducciones 
arancelarias dependen de los precios de los produc tos, ¿podría Noruega informar cuál sería  el 
“piso” y “techo” en los precios de los producto s que dispararía la rebaja? ¿Podría asimismo 
especificar quiénes eran los “abonados” a los que se enviaban por correo las decisiones relativas a 
las reducciones arancelarias administrativas?   WT/TPR/M/205/Add.1 
 Page 25 
 
 
 iii) Planes generales de ayuda 
Párrafo 26, página 83  Este párrafo se refiere a que el nivel total de la  ayuda a los productores (EAP) que Noruega concede 
a la agricultura sigue siendo el segundo más alto de  todos los países de la OCDE y se sitúa bien por 
encima del promedio de la OCDE, que es del 29 por  ciento. ¿Podría Noruega explicar qué variables 
se toman en cuenta para otorgar la EAP, y si lo s planes de ayuda resultan independientes del precio 
internacional de los productos?  
 Párrafo 27, página 83 
 
En este párrafo, el informe indica que,  en 2004, la Medida Global de la Ayuda (MGA) notificada a la OMC alcanzó un total de 10.665 millones de coronas noruegas (cifra equivalente a 1.813 millones de 
dólares EE.UU.), siendo el compromiso de red ucción correspondiente a ese año asumido por 
Noruega de 11.449 millones de co ronas noruegas. ¿Podría Noruega informar si se cumplieron los 
compromisos de reducción de 2004, y qué comp romisos se han asumido para los años siguientes, 
incluyendo 2008?  7) Servicios iv) Transporte marítimo b) Marco normativo 
Párrafo 156, página 112  
En este párrafo, el informe indica que Noruega ha sancionado en 2007 una Ley sobre Protección y 
Seguridad Marítimas, que reemplazó a la Ley de Navegabilidad de 1903, vigente hasta entonces, y 
que supone una modernización ya que aplica, entre otro s, el Código internacional para la seguridad de 
los buques y de las instalaciones portuarias (PBIP)  de la Organización Marítima Internacional. 
¿Podría Noruega brindar más detalles sobre l as modificaciones que la nueva Ley introduce con 
respecto a la normativa anterior?  
JAPAN 
 
The Secretariat Report (WT/TPR/S/205) 
III. TRADE POLICIES AND PRACTICES BY MEASURE (2) MEASURES AFFECTING PRODUCTION AND TRADE 
(vi) Intellectual property rights 
(Question 1: page 63, paragraph 153) 
 (1) Please explain any specific rule for protection of contents on the digitalized broadcasting.  
 (2) If it is the case, please provide the outline of such a rule (For instance, in what ground such a rule 
has been established, what kind of measure is to sec ure this rule, and the details of establishing this 
rule). It would be appreciated if Norway provides specific information on such a rule, if possible, at 
national and private levels, at terrestrial and sat ellite broadcasting levels, and at pay and free TV, 
respectively.  
 
(Question 2: page 63, paragraph 153) 
 According to the Secretariat report, copyright ma terials may only be downlo aded from the Internet 
with the right holder’s prior approval. 
 
Please elaborate on this explanation, particular in li ght of specific procedure with right holders and the 
relation with private use. WT/TPR/M/205/Add.1 
Page 26  
 
  
(Question 3: page 63, paragraph 153) 
 
The Secretariat report explains, ‘in order to compen sate right holders for all legal private copying, 
Norway officially determines an annual compensation grant allocated to EEA right holders only.  In 
2007, Norway paid NKr 34.8 million out of its nati onal budget in compensation to affected right 
holders’. 
 
(1) Please explain why and how Norway has decide d an annual compensation grant from its national 
budget. 
 
(2) Could Norway indicate any other support such as official funds aimed at promoting content industry? If it is the case, please explain the outline of  such funds (For instan ce, in what ground such 
funds have been established, how to raise such a fund, how to use them). 
 
IV. TRADE POLICIES BY SECTOR 
(7) SERVICES 
(iii) Telecommunications (Question 4:  page94, paragraph 131) 
 
The Secretariat report explains, ‘Operators do not  need a permit to start operations unless specific 
frequencies are involved.’ 
 
Please elaborate on the ‘specific frequencies’.  
(Question 5: page94-95, paragraph 134, 139) 
 
According to the Secretariat report, Norway's principal telecommunication operator, Telenor, is 
controlled by the State, which holds 54% of its shar es. There are no restrictions on the participation of 
foreign investors in Norway's telecommunication sector.  Please clarify the reason why the government hold majo rity of Telenor’s shares, together with any 
plan to release its holding shares to the market.  
 
(Question 6: page95, paragraph 136) 
 
The Secretariat report states that Norway’s GATS Sc hedule of Commitments cove rs virtually all basic 
and value-added services. 
 
Japan would like to clarify the reason why sate llite telecommunications services have not been 
covered yet in Norway’s services commitments in GATS.  
(Question 7: page95, paragraph 138) 
 Electronics Communications Act No. 83 of 4 July 2003, Norway's main legislation for the 
telecommunication sector, was amended in December 2007. The new rules grant the NPT the authority to supervise price development in intern ational roaming services, in order to ensure that 
mobile phone calls made or received in any EEA  country are subject to maximum pricing. 
 
Please explain the role of the NPT in the case of  a contract between Japanese mobile carrier and 
Norway’s mobile carrier, in other words, how th e NPT is engaged in this process as an authority. 
  WT/TPR/M/205/Add.1 
 Page 27 
 
 
 (Question 8: page95, paragraph 138) 
 
Please elaborate on the maximum pricing policy regarding international roaming services as well as 
explain the rationale on this price policy.  PERU 
 
WT/TPR/S/205-00
 
 4) Otras medidas que afectan al comercio 
Párrafo 16  
 
• ¿Cuáles son los plazos para aplicar el sistema de perfeccionamiento activo? 
• ¿Cuál es el porcentaje de devolución de derec hos y sobre qué base se aplica el monto? (véase 
también: WT/TPR/S/205-03, párrafo 3) 
• ¿Cuáles son los beneficios del sistema de almacenes aduaneros? 
• ¿Los programas de financiación y garantía de las exportaciones están dados por sector productivo 
o por nivel empresarial? 
 
WT/TPR/S/205-03
 
 
2) Medidas que afectan directamente a las importaciones  
i)  Procedimientos y Documentación  Párrafo 6 
 
• ¿Existe algún enlace electrónico donde se pueda revisar la nueva Ley de Mercancías y 
Procedimientos Aduaneros, adoptada en 2007? 
 
Párrafo 11 
 
• ¿En qué consiste la iniciativa para facilitar el despacho de adua na con Suecia a las personas que 
utilicen carreteras secundarias?  
 
ii) Valoración en Aduana 
Párrafos 14 y 15 
 
• ¿Noruega no ha pensado en aplicar el sistema de resoluciones anticipadas en lugar de explicar al 
importador acerca del modo en que se ha determinado el valor en aduana de sus importaciones? 
 
COLOMBIA 
 III. POLITICAS Y PRACTICAS COMERCIALES, POR MEDIDAS 2) MEDIDAS QUE AFECTAN DIRECTAMENTE A LAS IMPORTACIONES 
i)  Procedimientos y documentación  
En el párrafo 4 se menciona que Noruega está re alizando esfuerzos para facilitar el comercio, 
aumentando al mismo tiempo la seguridad y la capacidad de detectar actividades ilegales.  
 
¿Podría Noruega brindar un poco más de informació n, acerca de que tipo de actividades ilícitas 
ha detectado y cómo les está haciendo frente?  WT/TPR/M/205/Add.1 
Page 28  
 
 IV.  POLITICAS COMERCIALES, POR SECTORES 
7) SERVICIOS i) Características principales  
103. Noruega contrajo compromiso s específicos en 11 de 12 sectores, o 110 de los 160 subsectores de 
la Lista de Clasificación Sectorial de los Servicio s (véase el cuadro AIV.1).  Los servicios postales, 
los servicios audiovisuales y los servicios soci ales y relacionados con la salud son excepciones 
importantes.  El acceso a los mercados y el trato nacional no se consolidaron en lo referente a la presencia de personas físicas, excepto para la entrada temporal de personal directivo, gerentes, especialistas y personas en visita de negocios. 
 
106. La oferta revisada de Noruega para las ne gociaciones sobre los servicios, presentada en 2005, 
prevé la eliminación de algunas restricciones horizont ales incluidas en la Lista de compromisos del 
país. Se ofrecen compromisos adicionales sobre el acceso a los mercados y el trato nacional en los 
servicios de distribución, ambientales y financieros.   También se ofrecen otras inclusiones, en forma 
de una nueva serie de compromisos, en los servicios  de transporte marítimo y comercialización de la 
energía.  La mayoría de esas propuestas de compromisos reflejan el marco jurídico vigente en Noruega. 
 
¿Ha considerado Noruega la posibilidad de asum ir compromisos específicos frente a categorías 
de personas que no estén vinculadas a una p resencia comercial, como  es el caso de los 
profesionales y técnicos independientes y lo s proveedores de servicios por contrato? 
 
ii) Servicios financieros 
b) Marco normativo 
 116. Noruega tiene acuerdos preferenciales, que afect an a los servicios financieros, suscritos con los 
miembros del EEE, así como con Corea, México y Singapur, mediante los acuerdos de libre comercio de la Asociación Europea de Libre Comercio (AEL C).   En el marco de l Acuerdo sobre el EEE, 
Noruega se ha comprometido a aplicar la legislación de  las CE en el plazo previsto con miras a crear 
un mercado único de servicios financieros.  En lo s casos de Corea y Singapur, el ámbito de aplicación 
se limita a la cooperación, las disposiciones del AGCS  y el reconocimiento de las medidas cautelares.  
Los acuerdos con México prevén pleno acceso a lo s mercados y trato nacional con respecto a la 
presencia comercial y al suministro transfronterizo de  casi todos los servicios financieros (tal como se 
definen en el capítulo específico del acuerdo) sumini strados por una institución  financiera de una de 
las partes.  ¿En el marco del acuerdo con México, para cu áles servicios financieros no se otorga pleno 
acceso a los mercados y trato nacional con respecto a la presencia comercial y al suministro transfronterizo? 
 
Banca 
 117. Desde el último examen de las políticas comerc iales de Noruega, se han modificado numerosas 
leyes y reglamentos aplicables al sector financiero a fin de asegurar el cumplimiento de la legislación de las CE y el EEE.   El único cambio importante en relación con el acceso a los mercados para la banca fue la eliminación del requisito de residencia  aplicado a los directores y miembros del consejo 
de administración de los bancos.  Se aplicaron nuevas directrices para medir la suficiencia de capital 
de los bancos (Acuerdo de Basile a II) y nuevas normas de contabilidad. 
  WT/TPR/M/205/Add.1 
 Page 29 
 
 
 ¿Las nuevas normas de contabilidad sigu en los parámetros internacionales? 
 
Seguros 
 
130. No se imponen restricciones al suministro tran sfronterizo de servicios de seguros por las 
compañías de seguros de países pertenecientes al EEE.  Las compañías de seguros de países no 
pertenecientes al EEE sólo pueden suministrar algunos  servicios transfronterizos a través de un 
corredor de seguros autorizado en Noruega.  Pa ra suministrar servicios de seguros que son 
obligatorios con arreglo a la legislación noruega, por  ejemplo, seguros obligatorios de vehículos de 
motor, las compañías de seguros de países no pert enecientes al EEE deben tener la correspondiente 
licencia y estar establecidas en Noruega. 
 
¿Cuáles son los servicios transfronterizos qu e las compañías de seguros de países no 
pertenecientes al EEE pueden ofrecer? 
 
iii) Telecomunicaciones 
 
131. El Estado controla al mayor operador de Noru ega, que tiene presencia dominante en la mayoría 
de los mercados de telecomunicaciones. Durante el  período objeto de examen, la competencia en el 
mercado ha aumentado;  los precios de la mayoría de los servicios no parecen elevados, y la inversión 
en el sector parece sustancial.  Desde 2004, no se han introducido cambios le gislativos importantes 
que afecten al sector.  En el sector de las teleco municaciones de Noruega, l as compañías extranjeras, 
establecidas en países que pertenezcan o no al EEE, reciben trato nacional.  Las empresas de explotación de servicios de telecomunicaciones no necesitan un permiso para iniciar sus actividades a 
menos que trabajen con frecuencias específicas.  
144. Noruega permite la reventa de todo tipo de servicios de telecomunicaciones, así como el 
suministro de servicios internacionales de telecomunicación por intermediario.  
¿Teniendo en cuenta el último reglón del párrafo 131 y el párrafo 144, ¿cuáles son las 
condiciones o requisitos que se deben cumplir para  revender servicios de telecomunicaciones?  
 
¿Existe un régimen especial para los revendedores? 
 
v) Servicios profesionales 
 
163. Noruega no impone restricciones al suministro de servicios de arquitectura e ingeniería por 
empresas y particulares extranjeros.  En cambio, pa ra suministrar servicios jurídicos, de contabilidad 
y de auditoría, los profesionales deben estar en posesión de un título univers itario noruego o aprobar 
unos exámenes de aptitud.  Por norma general, los residentes en el Espacio Económico Europeo 
(EEE) con título universitario de un país miembro del EEE no están sujetos a estas restricciones. 
 
¿Podría Noruega explicar con mayor detalle la afirmación “(…) no impone restricciones al 
suministro de servicios de arquitectura e ingeni ería por empresas y particulares extranjeros? 
 AUSTRALIA  Chapter II(1) trade Policy Regime: Framework and Objectives: Overview 
 1. While Norway has submitted numerous notifi cations to the WTO, the Secretariat’s Report 
notes that a few are lagging in areas such as agricu lture, state trading and import licensing (para 2). 
 WT/TPR/M/205/Add.1 
Page 30  
 
 • Can Norway indicate when it will provide WTO members the opportunity to review its 
notifications for these areas? 
 
Chapter II(2)(ii) Trade Policy Formulation, Implementation and Objectives 
 
2. The Secretariat’s Report (para 13) states th at “Norway acknowledges that its [own] economic 
prosperity and high level of employment are depende nt on trade with other countries; it also considers 
that a binding and predictable open trade regime  should be accompanied by a well functioning and 
competitive domestic environment….In order to be nefit from comparative advantage and economies 
of scale, Norway continually seeks to extend access for its goods and services to new markets.” 
 
• Could Norway please indicate how its practice of providing a high level of protection for its 
agricultural sector is compatible with its trad e policy objective that trade must also benefit 
developing countries (Secretariat Summary para 57)? 
 Chapter III: Trade Policies by Sector: (2) Agriculture 
 
3. The Secretariat’s Summary reaffirms the view  that Norway’s protection of its agriculture 
sector is costly to Norwegian taxpayers, that pr ices received by farmers over the period 2002-04 were 
over twice as high as those on the world market, a nd that Norwegian consumers continue to pay 
particularly high prices for some agricultural products (para 20).   
 
In the Secretariat’s Report (para 3), Australia notes that Norway’s support to agriculture is estimated 
to be 66% of the value of gross farm products, being the second highest within the OECD. Norway’s 
level of assistance is well above the OECD average.   
• Since the current global prices for agricultural products are very high, can Norway advise 
whether it plans to maintain such a high level of assistance to its farmers, particularly 
payments under the blue box?  
 4. Para 30 states that the level of domestic support payments under the blue and green boxes has 
not changed since 2004, and that blue box payments  were significant and were well over those under 
the green box.  Australia continues to be concerned that Norway’s trade policies continue to address 
non-trade concerns using measures with the potential to  distort trade.  Australia notes that Norway is 
not uniquely placed in its attempts to address envi ronmental issues and maintain human settlement in 
sparsely populated areas and that other less trade distorting measures which do not link payments to farm production are available.  
• Could Norway clarify whether it has considered  less trade distorting measures that comply 
with green box criteria to address broader concer ns (e.g. environmental issues, maintaining 
human settlement in sparsely populated areas)? 
 5. According to Norway’s most recent notifi cation of its export subsidies (G/AG/N/NOR/45, 
covering the period 2002-2004), the volume outlays for cheese were very close to Norway’s UR 
bindings.  Australia notes that most countries, incl uding those which have historically provided export 
subsidies, have reduced their export subsidies to zero.  
• Given that Norway has not submitted export su bsidy notifications since the period covering 
2004, can Norway indicate what its current levels of export subsidies are for cheese, 
sheepmeat, pigmeat, eggs and egg products?  
 
• Can Norway indicate when it will provide WTO me mbers the opportunity to review its export 
subsidy notifications covering the period 2005 to date?  WT/TPR/M/205/Add.1 
 Page 31 
 
 
 6. In its report, Norway has stated that it is committed to open markets (WT/TPR/G/205, para 
3), but yet maintains a high level of tariff protecti on for agricultural products.  For example, tariff 
averages are 38.5% for agricultural products, being significantly higher than for non-agricultural products (0.6%).  
• Does Norway intend to reduce the level of its agricultural support and tariffs? 
 
MEXICO 
 Servicios
 
 
Se solicita a Noruega responder a l as siguientes preguntas formuladas c on base en lo señalado en el 
documento WT/TPR/G/205 del 17  de septiembre de 2008.  v) Fomento de las exportaciones y asistencia a la comercialización y 4) MEDIDAS QUE 
AFECTAN A LA PRODUCCIÓN Y AL COMERCIO/ iii) Incentivos / Asistencia a pequeñas y 
medianas empresas 
 
1. El párrafo 81 indica que Innovation Norway, em presa estatal, trabaja para asegurar diferentes 
aspectos de la internacionalización de las empresas como exportaciones de bienes y servicios entre 
otros sectores; y también se encarga de comercializar el turismo de Noruega.  ¿Cómo funcionan los 
fondos de Innovation Norway para apoyar a los servicios? WT/TPR/M/205/Add.1 
Page 32  
 
 IV: POLÍTICAS COMERCIALES POR SECTORES / 7) Servicios / i) Características principales  /  
 2. En el párrafo 102 se menciona que las e xportaciones de servicios se incrementaron un 
promedio anual de casi el 18 por ciento durante el período 2004-2007, y las importaciones de servicios aumentaron alrededor del 15 por ciento . ¿Podrían indicarnos cuáles son los principales 
sectores de servicios importados por Noruega? 
 3. En el párrafo 103 se indica que los servicios postales, los servicios audiovisuales y los servicios sociales y relacionados con la salud son excepciones importantes en los compromisos específicos contraídos por Noruega. Al respecto, México desearía saber si Noruega tiene previsto 
reducir limitaciones de acceso a mercado a los servicios audiovisuales. 
 IV. POLÍTICAS COMERCIALES, POR SECTORES  / 7) Servicios / ii) Servicios financieros  / b) 
Marco normativo / Banca / Seguros /  
4. En el párrafo 119 se señala que no se im ponen restricciones específicas a la propiedad 
extranjera de las instituciones financieras en general o de los bancos en particular.  Sin embargo, los 
inversores privados, tanto nacionales como extranje ros, necesitan la autorización de la Autoridad de 
Supervisión Financiera de Norueg a (Kredittilsynet) para las partic ipaciones que alcancen o superen 
los niveles del 10, el 20, el 25, el 33 y el 50 por ciento. México desea saber cuáles son los requisitos para obtener la autorización de la Kred ittilsynet para los inversionistas privados. 
 
5. En el párrafo 129 se indica que las sucu rsales de compañías de seguros de países no 
pertenecientes al EEE deben cumplir los mismos re quisitos que se imponen a las sucursales de los 
bancos de países no pertenecientes al EEE, es deci r, sólo se puede conceder la autorización a una 
compañía de seguros que esté autorizada a realizar actividades equivalentes en su Estado de origen y 
esté sujeta a supervisión cautelar en ese Estado;  ad emás, la autoridad supervisora del país de origen 
debe haber establecido relaciones de cooperación sa tisfactorias con la Kredittilsynet. México desearía 
conocer con mayor detalle cuáles son las relaciones de cooperación satisfactorias con la Kredittilsynet.  IV. POLÍTICAS COMERCIALES, POR SECTORES  /  7) Servicios  / iii) Telecomunicaciones / b) 
Marco Normativo 
 6. En el párrafo 139 se establece que todos lo s proveedores de redes y servicios públicos de 
telecomunicaciones deben inscribirse en la Autori dad de Correos y Telecomunicaciones de Noruega 
(NPT) antes de iniciar sus actividades.  Se requieren  licencias para el suministro de servicios públicos 
de telecomunicaciones que conlleven la utilización de radiofrecuencias, con ciertas excepciones. 
México desea saber cuáles son los requisitos para obtener una licencia y cuáles son las excepciones a 
que se hace referencia.  IV. POLÍTICAS COMERCIALES, POR SECTORES  /  7) Servicios  / iv) Transporte Marítimo   /  
b) Marco normativo 
 
7. En el párrafo 160 se indica que  el Registro Internacional de Buques de Noruega (NIS), creado en 1987, trata de mantener la flota mer cante nacional bajo pabe llón noruego al ofrecer 
condiciones menos restrictivas tales como permitir el empleo de marineros extranjeros;  se aplican 
disposiciones especiales a las condiciones salariales y de trabajo en las embarcaciones. México desea 
saber cuáles son las restri cciones para el empleo de marineros extranjeros y las condiciones salariales 
y de trabajo en las embarcaciones.   WT/TPR/M/205/Add.1 
 Page 33 
 
 
 IV. POLÍTICAS COMERCIALES, POR SECTORES  /  7) Servicios  / v) Servicios profesionales  / 
a) Servicios de ingeniería y arquitectura.   8. En el párrafo 167 se señala que las prof esiones de arquitecto e ingeniero no están 
jurídicamente protegidas y, en consecuencia, no se exige una licencia para ejercerlas.  Cualquier 
persona, de nacionalidad noruega o extranjera, puede ejercer estas profesiones a condición de que esté 
en posesión de un permiso de residencia en Noru ega.  Al respecto, México desea conocer los 
requisitos para obtener un permiso de residencia en Noruega.  
 IV. POLÍTICAS COMERCIALES, POR SECTORES  /  7) Servicios  / vi) Transporte aéreo  
 
9. En el párrafo 181 se hace referencia a que los acuerdos bilaterales sobre servicios aéreos 
firmados por Noruega desde los años noventa son más liberales que los acuerdos anteriores. 
Asimismo, se indica que la mayor parte de los aer opuertos nuevos pertenecen a una empresa estatal y 
son gestionados por ella, pero ex iste una fuerte participación privada, también extranjera, en el 
suministro de servicios relacionados con el trans porte aéreo y no hay apenas obstáculos legales para 
poder prestar dichos servicios.  México desea saber si es necesario tener un acuerdo bilateral sobre 
servicios aéreos con Noruega para poder suministrar servicios relacionados c on el transporte aéreo. 
 
Acceso a Mercado 
 10. Se estima que el apoyo a la agricultura es  el segundo más elevado entre los países de la 
OCDE (el 66 por ciento de los ingresos agrícolas br utos).  En el caso de esos productos, normalmente 
sólo se realizan importaciones cuando la producción n acional no puede satisfacer la demanda interna.  
¿Existe algún proyecto para disminuir este tipo de apoyos en el corto o mediano plazo?  
11. Durante el período objeto de examen, Noruega ha puesto en práctica un conjunto de 
mecanismos de mercado para gestionar el sector pesquero y ha seguido reduc iendo las subvenciones. 
¿Hasta qué niveles continuarán éstas reducciones?  12. Durante el período objeto de examen, Norueg a no ha notificado ningún cambio en su régimen 
de licencias de importación. Para el caso particular de bebidas alcohólicas y productos farmacéuticos 
¿en qué legislación se establecen los mecanismos de asignación de las licencias de importación? 
 13. Noruega ofrece concesiones aran celarias para los insumos importados que se utilizan en la 
elaboración de productos agrícolas y no agrícolas d estinados a la exportación.  Un sistema de 
perfeccionamiento activo permite a los fabricantes realizar el despacho de aduana de las 
importaciones y llevar a cabo actividades de elaborac ión en sus propias instalaciones, mientras que el 
sistema de almacenes aduaneros (almacenes para el aboración) funciona en forma similar a una zona 
franca.  La elaboración se lleva a cabo en los almacenes aduaneros, por lo que no es necesario efectuar el despacho de aduana de las importaciones. ¿Cómo administra Noruega estas condiciones 
arancelarias y qué instrumentos jurídicos utiliza?  
14. El sistema de perfeccionamiento activo perm ite la reducción o suspensión de los derechos 
aduaneros a condición de que se exporten los producto s elaborados.  Se deben exportar los productos 
agrícolas en un plazo especificado para cada solicitante y los importadores deben obtener una 
autorización de la Dirección General Agrícola de No ruega antes de importar los insumos.  El permiso 
puede estar sujeto al pago de un depósito.  No se exige autorización para los productos 
manufacturados y las exportaciones deben tener lugar en el plazo de un año. ¿Cómo asegura Noruega 
que esto no es un requisito de desempeño que afecta a otros Miembros de la OMC?  15. Con arreglo al sistema de almacenes aduaneros,  los derechos aduanero s percibidos sobre los 
productos importados para la el aboración de exportaciones puede n reembolsarse si la exportación WT/TPR/M/205/Add.1 
Page 34  
 
 tiene lugar en un plazo de dos años.  Tambié n se pueden reembolsar lo s derechos aduaneros 
percibidos sobre productos elaborados en el país que sustituyan a productos anteriormente 
importados, si los productos nacionales son de i gual tipo y calidad que los que se importaban 
anteriormente.  ¿Existe algún otro tipo de apoyo a las exportaciones distinto al señalado en el párrafo 81 del informe de la Secretaría (por ejemplo, requi sito de contenido nacional para las exportaciones)? 
 
Varias 
 
16. En el numeral 94 se menciona que “la Administración de la Competencia comparte las funciones de supervisión de la política de compet encia con los organismos reguladores sectoriales…”  
Pregunta: ¿Qué funciones específicas son las que comparten? 
 17. En el numeral 97 se dice que “la Ley de la Competencia se aplica a todos los sectores, incluidas las empresas de propiedad estatal. No obstante en determinadas ocasiones, exime a la 
agricultura, la pesca y la silvicultura de las norma s contra la fijación de pr ecios y los acuerdos de 
reparto de mercados entre empresas…”  
Pregunta: ¿Bajo qué condiciones se exime a la ag ricultura, la pesca y la silvicultura de las 
prohibiciones anteriormente mencionadas?  18. En el numeral 99 queda establecido que “Se gún una evaluación encargada por el Gobierno, 
las medidas adoptadas por la Autoridad de Compet encia para conseguir la observancia han tenido 
probablemente un efecto positivo global en la economía”  
Pregunta: ¿En términos de qué se midió este efec to positivo y cuál fue la probabilidad asociada que 
mencionan?  19. En el numeral 100 se menciona que “Las auto ridades señalan que l as decisiones adoptadas 
por el Rey reunido en Consejo, que no tienen que estar basadas en razones relacionadas con la 
competencia, sólo pueden adoptarse en casos de gran importancia y, por lo mismo, es de prever que 
sean poco frecuentes”. Pregunta: ¿Qué tipo de casos se consideran de gran importancia?  20. En el numeral 102 se dice que “Además, las autoridades de defensa de la competencia de 
Noruega, Dinamarca, Islandia, Suecia han firm ado un acuerdo de intercambio de información 
confidencial…” Pregunta: ¿Este acuerdo considera el previo consentimiento de las personas que 
proporcionaron dicha información confidencial, pa ra después llevar a ca bo el intercambio de 
información entre autoridades de competencia?  
21. Finalmente en el numeral 103 se menciona que  “Noruega impone controles de precios sobre 
medicamentos…”  Pregunta: ¿A qué se debe que sólo los precios de los medicamentos con receta estén bajo regulación, 
y no también los de libre dispensación? ¿Cuál es la razón para regular el precio de un medicamento 
genérico?  CHILE 
 
7) Servicios 
 
(iv) Transporte marítimo
 
 
El informe de la Secretaría destaca la importancia que le asigna Noruega a la liberalización del sector 
de transporte marítimo, lo cual se refleja en su patrocinio de la petición plurilateral correspondiente y 
en su activa acción en orden a alcanzar dicho objetiv o. Sin embargo, el mismo Informe nos da cuenta  WT/TPR/M/205/Add.1 
 Page 35 
 
 
 de las restricciones que mantiene el marco regulat orio para las empresas navieras extranjeras. ¿Cómo 
se compatibilizan ambas situaciones? ¿Existen  planes para eliminar esas restricciones? 
 (v) Servicios profesionales
 
 
El informe de la Secretaría indica que para prestar servicios jurídicos y de contabilidad y auditoría, los 
prestadores de servicios deben poseer un título uni versitario noruego y aproba r exámenes de aptitud. 
Entendiendo que dichos procedimientos se encuentran  dentro del ámbito de las disposiciones sobre 
reglamentación nacional, ¿considera Noruega que ello s se ajustan a los requisitos establecidos en el 
artículo VI:5 del AGCS? 
 
HONG KONG, CHINA  
 
Rules of Origin  
(WT/TPR/S/205, P. 26-27, Para. 16)  
1. While Norway does not use non-preferential rules of origin for imports, we note that a new set of non-preferential rules of origin is included in the new Customs Commodities and Procedures Act.  We would like to know more about this new set of rules, in particular its coverage and usage. 
 
MFN exemptions
 
(WT/TPR/S/205, P. 89, Para. 105) 
 2. As reflected in the Secretariat Report as we ll as Norway’s GATS schedule, Norway currently 
maintains eight MFN exemptions, and all are of in definite intended duration.   Annex on Article II 
Exemptions to the GATS requires that all MFN exemptions maintained by Members should be 
reviewed from time to time and be in principle not  more than 10 years in duration.  Would Norway 
seriously consider removing the exemptions or settin g down a specific expiry date for the exemptions 
in its next offer?  
Financial services
 
(WT/TPR/S/205, P. 92, Para. 119; P. 93, Para. 128)  
3. As set out in the Secretariat Report, there ar e no specific restrictions  on foreign ownership of 
financial institutions in general,  but both national and foreign private investors require permission 
from Kredittilsynet for ownership reaching or ex ceeding the thresholds of  10%, 20%, 25%, 33%, and 
50%.  Compared with the relevant inscriptions for “Insurance and Insurance-Related Services” and 
“Banking and Other Financial Services” in Norway ’s GATS schedule, the actual shareholding ceiling 
in place that a financial institution may, subject to  approval, acquire and hol d (viz 50%) seems to be 
much higher than what has been in scribed in the schedule (viz 25%).  Does Norway have any plan to 
align its commitments with its de facto more liberal  regime in its next offer so as to enhance legal 
certainty of its regime?    Transport Services
 
(WT/TPR/S/205, P. 96, Para. 147; P. 98, Paras. 159-160) 
 4. We understand from the Secretariat Report that sh ips may be registered in Norway in either 
an international register (NIS) or  ordinary register (NOR).  While the latter is only open to EEA 
national or companies, foreign shipping companies may register their vessels in NIS provided that 
they meet certain nationality requirements.  We  would be interested to know the difference of 
treatment between ships under the two registers with  respect to their conditions to market access and 
national treatment in Norway.  WT/TPR/M/205/Add.1 
Page 36  
 
 5. According to the Secretariat Report, non-EEA na tionals may not register a ship in the NOR.  
However, nationality requirements may be waived in certain cases by the Ministry of Trade and 
Industry.  Would Norway advise on the criteria a nd procedures for obtaining the waiver and success 
rate of past applications ? 
INDIA 
 
I The average of Ad valorem duties for following some items is more that 150%.  What is the 
consideration for not capping these duties especially wh en Norway is seeking substantial reduction in 
the duties on NAMA items from developing countries.  
Live fowls of the species Gallus domesticus, wei ghing <= 185 g (excl. turkeys and guinea fowls) 
Live domestic turkeys, weighing <= 185 g Live domestic ducks, geese and guinea fowls, weighing <= 185 g Birds'' eggs, in shell, fresh, preserved or cooked Fresh cut roses and buds, of a kind suitable  for bouquets or for ornamental purposes 
Fresh cut chrysanthemums and buds, of a kind su itable for bouquets or for ornamental purposes 
Fresh cut flowers and buds, of a kind suitable fo r bouquets or for ornamental purposes (excl. roses, 
carnations, orchids and chrysanthemums) Fresh or chilled potatoes (excl. seed) Swedes, mangolds, fodder roots, hay, lucerne "alfalfa",  clover, sainfoin, forage kale, lupines, vetches 
and similar forage products, whether or not in the form of pellets (excl. lucerne "alfalfa" meal and 
pellets) 
Dextrins and other modified starches, e.g. pregelatinised or esterified starches  2. What is Norway's programme for converti ng Specific duties to Ad Valorem equivalents? 
 
REPUBLIC OF KOREA 
 
State Enterprise
 
 
1. Through the Government Report (paragraphs 23 thru 26), it is noted that the intervention of 
the State in the Norwegian economy is extensive.  In light of the general perception that State 
intervention in the economy is associated with in efficiency and lower quality of service, could 
Norway further explain what explicit measures are bei ng taken to ensure that state enterprises do not 
fall into this trap of inefficiency and complacen cy which leads to lower quality of service to the 
general public? 
 
2. In paragraph 25 of the Government Report, it is stated that "The Norwegian Government has 
organized the management of its ownership in such a way as to keep the role of owner separate from 
the roles of policymaker, regulator and supervisor."   Could Norway further elaborate how in practice 
the concept of separation of ownership / role of po licymaker and regulator a nd supervisor is actually 
implemented?  Please feel free to use existing St ate Enterprises such as StatoilHydro ASA as an 
example to illustrate this point. 
 
Mutual Recognition of Professional Qualifi cations (relating to the EFTA Convention)  
 3. Article 22 of the Revised EFTA Convention ca lls for the "take up and pursue activities . . . 
concerning the mutual recognition of diplomas, certificates and other evidence of formal 
qualifications, and the coordination of the provision s laid down by law, regulation or administrative 
action in the Member States concerning the taki ng up and pursuit of activities by workers and self-
employed persons". 
  WT/TPR/M/205/Add.1 
 Page 37 
 
 
 In light of the above, 
 a) For the professions included in Appendix 3 to Annex K, could Norway provide the status of 
 the activities called on by Article 22 of the Revised EFTA Convention? 
 b) Could Norway clarify which body holds the authority for the recognition of diplomas, 
 certificates and other evidence of formal qualifications? Is it the state or the relevant 
 associations? 
 
c) If the answer is "relevant associations" in b) above, could Norway elaborate whether there 
 were any difficulties in amassing support for introducing the mutual recognition scheme 
 within the EEA framework with the relevant associations?  If so, how were these difficulties 
 overcome?  
d) For professional services not specifically mentioned in Appendix 3 to Annex K such as 
 accounting services or auditing services, does it mean that those professions are not subject to  mutual recognition schemes between EFTA Members and EEA members? 
 
e) In light of GATS Article 7 (Recognition), wo uld Norway be open to providing “adequate 
opportunity for other interested Members to nego tiate their accession to such an agreement or 
arrangement or to negotiate comparable ones with  it”?  If yes, what would be the procedures 
that Norway envisages? 
 
Government Procurement Agreement
 
 
4. It has come to our attention that during the course of the negotiations to revise the WTO 
GPA, Norway has submitted a revi sed offer that includes new language which offers the possibility of 
back-tracking of its commitments.  Could Norway clarify its intentions with this new language and 
whether it deems to be in-line with the genera l direction of the WTO GPA revision exercise? WT/TPR/M/205/Add.1 
Page 38  
 
 REPLIES PROVIDED BY NORWAY 
TO ADVANCE WRITTEN QUESTIONS 
 
ARGENTINA 
 
II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES,  3) Foreign Investment Regime,  Para. 15  
In this paragraph the report indicates that there is not one law that regulates foreign investments, and 
that the relevant law is to be found in the rules of the different areas. Can Norway please inform us 
which these rules are, and if they are accessible on a webside? 
 Answer:
 
Norway generally grants national treatment to foreign investors and specific exceptions from this 
principle is made only in a limited numbers of sect ors. The government portal www.bedin.no contains 
information on rules and regulations pertaining to establishing and running a business in Norway. 
Foreign companies may also get assistance from Innovation Norway www.i nnovasjonnorge.no in 
business development throughout Norway.  
 4) International relations, (iii) Generalized System of Preferences 
Para. 41 
Can Norway please specify for which countries the revised GSP scheme is effective. 
 
Answer: 
 
An updated list of developing countries for which the GSP scheme is effective is available at; 
http://www.toll.no/upload/Frihandel/GSP%20engelsk%202008/I-3.pdf. 
 
Para. 43 
Can Norway please specify what criterias it is based upon when some agrigultural goods are 
considered sensitive, and from where this import mostly arrives as of today? 
 
Answer:  
Criteria for determining sensitivity would include in ter alia the competitiveness vis-à-vis the world 
market and the contribution to domestic policy goals,  including rural employment, food security and 
environmental sustainability.  Most of the import of meat is from the EU, Brasil, New Zealand, Namibia and Botswana, dairy 
products from the EU, grains from the EU, the US, Kazakhstan and Canada. Most fruit and 
vegetables are imported from South America, includi ng Argentina, as well as the US and the EU. 
 III.
 TRADE  POLICIES  AND  PRACTICES  BY MEASURE 
2) Measures directly affecting imports, ix) Sani tary and phytosanitary measures, para. 58 
Stemming from its obligations under the EEA Agre ement, Norway adopts EC veterinary and food 
legislation. Can Norway please inform us if the requirements for import are the same as applied by the 
EU, specially when there are differences in the st atus of health. How are the import requirements 
adjusted by the occurrence of a health incidence in another country that is an EEA member?  Answer
 
Norway is fully harmonized with the EU, and there a re no additional national measures. Also in cases 
of a health incidence in another country that is an EEA member the measures taken will be 
harmonized for all EEA members.  
This paragraph also shows that the veterinary law in the EEA contains decisions on animal welfare 
and control and prevention on animal diseases.  Can Norway please inform us of what requirements  WT/TPR/M/205/Add.1 
 Page 39 
 
 
 regarding animal welfare that Norway applies towa rds a third country, and if those requirements are 
conditions for access.  Answer:
 
Norway is harmonized with the EU through the EEA-Agreement. There a re no specific national 
requirements regarding animal welfare that Norway applies towards third countries.   
Para. 61 
Can Norway please confirm that there are no cont rol on the borders for products from other EEA 
countries, in particular if the there are differen ces in status regarding sanitary and phytosanitary 
health. If a product should be imported from a thir d party country through another EEA member 
country, would the product be controlled again wh en imported to Norway, and in which cases does 
this happen.  Answer:
 
 
There are no regular controls at Norwegian bord er inspection posts of imports from other EEA-
countries. Products imported into another EEA-country from a third c ountry will be subject to regular 
control at a border inspection post in this EEA-count ry. The products will not be subject to any new 
regular control at a border inspection post in Norway.  
 
Para. 62 
Can Norway please inform us if the country fo llows the same legislation as the EU 396/2005 
regarding maximum limit for pesticide residues in plant products. 
 
Answer:  
 Yes. The mentioned regulation is a part of the EEA-Agreement. 
 
Para. 68 
Can Norway please specify which eight GMOs that are accepted in the EU but not in Norway, and 
give specific reasons for this embargo, par ticularly on the basis of scientific evidences. 
 
Answer:
 
 The production and marketing of GMOs in Norw ay require prior approval by the competent 
authorities, as provided for in Section 10 of the Ac t relating to the production and use of genetically 
modified organisms (the Gene Tec hnology Act). Norway has in re gulations pursuant to section 10 
sixth paragraph of the Gene Technology Act prohibited eight  EU -approved products; 
 
• Genetically modified oral vaccine rabies, R aboral V-RG, approved by Commission decision 
of 19.10.93. 
• Genetically modified maize, approved by Commission decision of 23.01.97. 
• Genetically modified chicory, approved by Commission decision of 20.05.96. 
• Genetically modified swede-rape, approved  by Commission decision of 06.02.96. 
• Genetically modified vaccine Nobi-Porvac Auj eszky live, approved by Commission decision 
of 18.12.92 and 18.07.94.  
• Genetically modified oilseed-rape from A ventis (previously Plant Genetic Systems), 
Belgium, approved by Commission Decision 97/392/EC and 97/393/EC of 6 June 1997. 
• Genetically modified oilseed-rape from AgrE vo, United Kingdom, approved by Commission 
Decision 1998/291/EC of 22 April 1998 WT/TPR/M/205/Add.1 
Page 40  
 
 • Testkit containing genetically modified bacterias for detection of residues of antibiotics in 
milk from Valio Oy, Finland, approved by Commission Decision 1997/549/EC of 14 July 
1997.  
IV. TRADE POLICIES BY SECTOR, (2)Agriculture, (ii) Border Measures 
Para. 17 
Considering that the tariff reduction depends on the prices of the product, can Norway specify what 
the minimum and maximum for the product prices that would give reduction, are. Further, could you please inform us who the subscribers that the d ecicion on the administrative tariff reductions was 
mailed to are.   Answer:
 
The maximum price is specified as 10 % above target prices as fixed in the Agricultural agreement. 
Administrative tariff reductions are effectuated if the market prices are reported at that level or 
higher for more than 14 days.   Information regarding tariff reduc tions is published on the website of the NAA.  In addition, 
information is sent out by e-mail to a list of s ubscribers who have requested to have this information 
sent from the NAA. This list comprises impor ters, wholesale retailers, industry etc.  
 
IV. TRADE POLICIES BY SECTOR, (2) Agriculture, (iii) General support 
Para. 26 
Can Norway please explain which variables that are c onsidered to give producer support, and if the 
support scheme is independent of the international prices of the product. 
 Answer:
 
Norway provides assistance to agricultural produ cers through a variety of support measures.  The 
vast majority of AMS support is provided as ma rket price support through administered target prices, 
available for all producers of the relevant commodities,  and at levels that are independent of levels or 
fluctuations in the world market.  
 
Para. 27 
Regarding the AMS, can Norway please tell us if th e related reduction commitment for 2004 was met, 
and which commitments Norway has undertaken the following years, including 2008. 
 
Answer:  
Norway has notified its AMS-level at 10665 million NO K for 2004, staying within the AMS ceiling of 
11449 million NOK. Norway has in th e past, and will continue in the future, to keep its agricultural 
policies in line with WTO commitmen ts, including its bound AMS ceiling. 
IV. TRADE POLICIES BY SECTOR, (7) Services, (iv) Maritime transport – Regulatory 
framework Para. 156 
Could Norway please inform us what the changes ar e in the new legislation on Maritime Safety and 
Security Act No. 9 of 29 June 2007 in proportion to the previous set of rules. 
 
Answer:
 
The Maritime Safety and Security Act No. 9 of 29 June 2007 represents a modernisation of rules in 
this field. The Act does not contain any major material amendments, other than that the 
responsibilities of the ship owner for the seawo rthiness of the vessel is made more explicit. 
  WT/TPR/M/205/Add.1 
 Page 41 
 
 
 AUSTRALIA 
 
II Trade Policy Regime: Framework and Objectives: (1) Overview 
Para.2 
While Norway has submitted numerous  notifications to the WTO, the Secretariat’s Report notes that a 
few are lagging in areas such as agriculture, state trading and import licensing (para. 2). Can Norway 
indicate when it will provide WTO members the opport unity to review its notifications for these 
areas?  Answer:
 
Norway has recently submitted its notification on import licensing, see document G/LIC/N/3/NOR/3 
dated 1 October 2008, and continuously tries to me et all its notification requirements in the WTO. 
Norway will provide lagging notifica tions as soon as possible.  
 
(2) Trade Policy Formulation and Implemen tation, (ii) Trade Policy Formulation, 
Implementation and Objectives 
Para. 13 
The Secretariat’s Report (para. 13) states that  “Norway acknowledges that its [own] economic 
prosperity and high level of employment are depende nt on trade with other countries; it also considers 
that a binding and predictable open trade regime  should be accompanied by a well functioning and 
competitive domestic environment….In order to be nefit from comparative advantage and economies 
of scale, Norway continually seeks to extend acce ss for its goods and services to new markets".  
Could Norway please indicate how its practice of providing a high level of protection for its 
agricultural sector is compatible w ith its trade policy objective that trade must also benefit developing 
countries (Secretariat Summary para. 57)?   
Answer:
 
Norway has a relatively small agricultural production.  The self sufficiency is less than 50 per cent for 
agricultural products. Imports are therefore very high and increasing. For Norway it is important to 
ensure a viable agricultural sector domestically and at  the same time promote trade with developing 
countries. Norway made improvements in its Ge neralised System of Preferences (GSP) as from 
1 January 2008. Our current GSP gives 64 low-inco me countries, including all 50 LDCs, Duty and 
Quota free market access into Norway fo r all industrial and agricultural goods.  
 
III: Trade Policies by Sector: (2) Agriculture  
Para. 3 
In the Secretariat’s Report (para. 3), Australia notes that Norway’s support to agriculture is estimated 
to be 66% of the value of gross farm products, be ing the second highest within the OECD.  Norway’s 
level of assistance is well above the OECD average.   Since the current global prices for agricultural 
products are very high, can Norway advise whether it plans to maintain such a high level of assistance 
to its farmers, particularly pa yments under the blue box?  
 Answer
: 
Norway regards assistance provided to agricultu ral production, including payments under the blue 
box, as instrumental in achieving key national policy objectives, including rural employment, food 
security and environmental sustainability.  Norw ay is committed to the mandate of the Doha 
Development Agenda . 
 
(iii) General support Para. 30 
Para. 30 states that the level of domestic suppor t payments under the blue and green boxes has not 
changed since 2004, and that blue box payments we re significant and were well over those under the WT/TPR/M/205/Add.1 
Page 42  
 
 green box.  Australia continues to be concerned th at Norway’s trade policies continue to address non-
trade concerns using measures with the potential to di stort trade.  Australia notes that Norway is not 
uniquely placed in its attempts to address enviro nmental issues and maintain human settlement in 
sparsely populated areas and that other less trade distorting measures which do not link payments to farm production are available. 
 
Could Norway clarify whether it has considered less  trade distorting measures that comply with green 
box criteria to address broader concerns (e.g. envir onmental issues, maintaining human settlement in 
sparsely populated areas)? 
 
Answer:
 
Norwegian Agricultural policy is subject to ne gotiation and annual review through the Agricultural 
Agreement. Policy measures are chosen on the basis of their effectiveness and transaction costs in 
contributing to domestic policy objectives.  
 
Export subsidies 
According to Norway’s most recent notification of  its export subsidies (G/AG/N/NOR/45, covering 
the period 2002-2004), the volume outlays for cheese  were very close to Norway’s UR bindings. 
Australia notes that most countries, including those wh ich have historically pr ovided export subsidies, 
have reduced their export subsidies to zero.   
Given that Norway has not submitted export subsidy notifications since the period covering 2004, can 
Norway indicate what its current levels of export subsidies are for cheese, sheep meat, pigmeat, eggs 
and egg products?  Can Norway indicate when it will provide WTO memb ers the opportunity to re view its export subsidy 
notifications covering th e period 2005 to date? 
 
Answer:
 
Current levels of export subsidies are within Norway’s bound commitm ent levels for all commodities. 
Notifications from 2005 and onwards are currently being prepared, and will be submitted when 
finalised.  
 
Questions to the Government report, para. 3 
In its report, Norway has stated that it is comm itted to open markets (WT/TPR/G/205, para. 3), but yet 
maintains a high level of tariff protection for agri cultural products. For example, tariff averages are 
38.5% for agricultural products, being significantly higher than for non-agricultural products (0.6%).  
 
Does Norway intend to reduce the level of its agricultural support and tariffs? 
 
Answer:  
Norway is committed to the mandate of the Doha Development Agenda. 
 
BRASIL 
 
Government Report 
Para. 13  
Could you please provide some more detailed info rmation on the relation between the Government 
Pension Fund – Global and Norway’s macroeconomic policies, including exchange rate and monetary 
policies? Could you also describe the legal framewo rk and the organizational structure under which 
the Pension Fund operates?   WT/TPR/M/205/Add.1 
 Page 43 
 
 
 Answer:  
This information is available in the budget documents for 2009 and in the annual report to 
Parliament on the management of the Government Pension Fund. English-language versions of both 
documents can be downloaded from the website of the Norwegian Ministry of Finance. 
 
http://www.regjeringen.no/en/dep/fin/Documents- and-publications/Propositions -and-reports/Reports-
to-the-Storting/2007-2008/report-no-16- 2007-2008-to-the-storting.html?id=506664 
http://www.statsbudsjettet.dep.no/ Statsbudsjettet-2009/English/ 
Para. 47, 48 and 53 
Since the EEA agreement and other FTAs establishe d by Norway do not eliminate trade barriers in 
significant economic sectors, i.e. agriculture and fi shery, how does Norway analyze the consistency of 
these agreements with paragraph 8(b) of Article XXIV of the GATT 1994? 
 Answer:
 
Norway considers the EEA agreement to be fully consiste nt with the obligations in Article XXIV of the 
GATT 1994. This provision requires in  paragraph 8 (b) that duties and other restrictive regulations of 
commerce (ORRCs) are eliminated on substantially all the trade (SAT) in originating products 
between the parties. The requirement is not to elimin ate duties and ORRCs for all the trade or in all 
sectors, i.e. the requirement is lin ked to coverage of “substantially all the trade” and not to coverage 
of “trade in substantially all the products”. The EEA agreement rep resents one of the most extensive 
trade agreements in force. Even though trade in all agricultural and fisheries products are not fully 
liberalised by the EEA agreement, the SAT requirement is fulfilled in respect of both duties and 
ORRCs. In the same way FTAs negotiated and established through EFTA the SAT requirement is 
fulfilled in respect of both duties and ORRCs as can be  seen from the respective notifications listed in 
footnotes 43 and 44 to paragraph 36 of Chapter II(4 )(ii)(c) Other free trade agreements of 
WT/TPR/S/205.  
 
Secretariat Report 
 
II TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES,  
(3) INTERNATIONAL RELATIONS, (ii) Generalized System of Preferences Para 42  
The Secretariat report mentions the revised exte nsion of the Norwegian GSP scheme from 1 January 
2008. During the process that led to this revisi on, an interministerial group led by the Royal 
Norwegian Ministry of Foreign Affairs issued the report ‘Market Access  for Developing Nations’ 
(‘Utviklingslandenes markedsadgang til Norge’).  This report recommended the increase in 20 
percentage points of the preference margins fo r imports of agricultural products from developing 
countries.  Has Norway followed this recommendati on in the new GSP? Is this recommendation under 
consideration for further reviews of the Norwegian GSP scheme?  Answer:
 The recommendation to increase with 20 percen tage points  the margins for imports of 
agricultural products from developing countries was fo llowed up in the revision of the GSP. Hence, 
the preference margin for ordinary GSP countries is increased by 20 percentage points within the 
WTO minimum access quotas for agricultural products;  http://www.toll.no/templates_TAD/Artic le.aspx?id=146952&epslanguage=EN 
 
III Trade Policies and Practices by Measure, (4) Measures affecting production and Trade, (v) 
Government procurement 
Para. 134 According to paragraph 134, Norway's public pr ocurement regime provides for non-discrimination 
and national treatment in the purchase of goods, ser vices and works contracts for suppliers from all 
countries, irrespective of the monetary size of the contracts.   WT/TPR/M/205/Add.1 
Page 44  
 
 In light of the above and of WTO´s principle of  non-discrimination, how does Norway justify the 
measures adopted under its Action Plan for Environm ental and Social Responsibility, which bans the 
usage of tropical timber in public constructions, eith er in the building itself or  in the materials used 
during the building period?  
Answer:
 
The multilateral WTO agreement exempts measures concerning public procurement. The Norwegian 
implementation of government policy on green procu rement shall at all times be in compliance with 
Norway`s international obligations accord ing to the WTO GPA, EEA, EFTA and EFTA free trade 
agreements with third countries. Norway welc omes on a non-enforceable basis also goods and 
suppliers from WTO-members towards whom Norway has  no international obliga tions in the field of 
public procurement, to take part in public tendering in Norway.  
 IV – TRADE POLICIES BY SECTOR, (2) Agriculture Para. 4 
Could you please clarify what policy goals Norway pursues by establishing extremely high tariffs for 
agricultural products’ imports? Could you also pr ovide additional details on Norway’s tariff quota 
regime and explain why fill rates are low in such regime?  Answer:
 
Tariff protection is one of the measures which make it possible to have a viable agricultural sector in 
all parts of Norway, as well as contributi ng to other national policy objectives including 
environmental sustainability, food security and rural employment.  The cost level for agricultural 
production in Norway is very high. For that reason high tariffs are necessary in order to shield 
domestic agricultural production. For less sensitive pr oducts, tariffs are at zero duty or at a very low 
level. 
 
IV – TRADE POLICIES BY SECTOR, (2) Agriculture, (ii) Border measures 
Para. 17 
The Secretariat report indicates that domestic demand for bovine meat is increasing above domestic 
supply in Norway and that administrative tariff reductions have been applied with frequency for 
imports of the product.  These measures seem to  have mostly benefite d suppliers from nearby 
countries, such as Germany, Sweden, Finland and the Netherlands.  What are the steps being taken by 
Norway to allocate a fairer and larger share of its market to meat exporters of the developing 
countries?  
 
Answer:  
From 2001 to 2006 over 66 percent of  imports of bovine meat was from developing countries. Norway 
has made improvements to its Generalised System  of Preferences (GSP) as from 1 January 2008. Our 
current GSP gives 64 low-income countries, includi ng all 50 LDCs, Duty and Quota free market 
access into Norway for all industrial and agricultural goods. In addition, from the same date, Norway 
has increased the preferential rate granted to ordi nary developing countries from a 10 percent to a 30 
percent preference margin , for all Uruguay Round Minimum Access quotas.  
 
(iii) General support Para. 30 
Could you please provide additional informati on on the production-limiting requirements of the 
agricultural support programs categorized as “Blu e Box” by Norway in its overdue 2002-2004 
notifications? 
 Answer:
  
Support under the blue box is eligible for produc tion intended for domestic consumption. Production-
limitation is in place due to the fact that producers take full economic responsibility for surplus  WT/TPR/M/205/Add.1 
 Page 45 
 
 
 production. Furthermore, payments benefiting da iry producers are tied to production quotas, and 
there are established limitations to the size of each farm operations in the meats sector. 
 CANADA  
Part III Trade Policies and Practices by Measu re; (4) Measures Affecting Production and 
Trade; (iii) Incentives (a) Overview  Para. 107 and Table III.9 
1. According to the Secretariat’s Report, in 2006, Norway initiated a program - Research, 
Development and Innovation (in the maritime industry) . The duration of the scheme is six years, from 
2006 to 2011 and the estimated subsidy for 2006 w as NOK 2 million (grants). Could Norway please 
provide information regarding the Research, Devel opment and Innovation (in the maritime industry) 
program and confirm whether it has made any paym ents under this program since 2006? In addition, 
could Norway please provide further information, including the amounts, purpose and target of the payments for 2006 and any other subsequent payments , particularly as such payments may pertain to 
shipbuilders? 
 Answer: 
 
The maritime development and innovation scheme (Mar itime unveiling) is implemented by Innovation 
Norway. Innovation Norway is the Norwegian go vernment’s primary agent for implementation of 
public innovation programs and schemes. The budge t for the scheme in 2007 was 25 million NOK, 
however only 10.3 million NOK was dispersed. The budget for 2008 is 15 million NOK. 
 The overall objective of the scheme is  to increase RDI efforts within the maritime industry in Norway. 
The scheme consists of two parts. The first part c oncerns aid for research and development within the 
maritime cluster in Norway. Eligible projects may involve all actors belonging to the maritime 
industry, in so far that the objectives of the pr oject are coherent with the overall objectives of the 
scheme. The second part of the scheme concerns aid for shipbuilding innovation. Innovation aid may 
be granted for shipbuilding companies, ship repair companies or ship conversion companies.  
 
2. On 31 March 2006, in response to a question from Canada at the WT O Committee on Subsidies 
and Countervailing Measures, Norway stated that, “t he Norwegian Government has no plans to renew 
this particular scheme (the Temporary Defensive Mechanism to Shipbuilding) in order to fund the 
domestic production of ships. Nor does Norway have any intentions to implement any other programs 
to fund the domestic production of ships.”   Does this statement remain accurate? More generally , could Norway confirm that it does not currently 
provide financial support under any other program to its shipbuilding sector? Could Norway confirm 
that it has no plans to initiate any new or modifi ed financial support or re lated programs that would 
benefit its shipbuilding sector?   Answer
 
The substance of the State aid Guidelines (” soft-law”) adopted by the European Commission is 
copied by the EFTA Surveillance Authority and made applicable also to Norway. However, there is 
no budget in place for implementing this framewor k. Norway does not provide any programs to fund 
domestic production of ships nor does Norway have any other sector specific programs to fund the 
shipbuilding industry. Norway can also confirm that  there are no intentions to implement any new 
financial support programs for its shipbuilding industry. 
 WT/TPR/M/205/Add.1 
Page 46  
 
 III. Trade Policies and Practices by Measure, (4) Measures affecting production and trade, (v) 
Government Procurement Para. 135 
The Secretariat's Report states that, "Norway's minimum threshold for the application of 
GPA/EEA/EFTA and EFTA FTA specific rules during 2008 and 2009 are: Nkr 41,000,000 for all 
construction services contracts, NKr 1,050,000 fo r the supply of goods, N 1,650,000 for services and 
NKr 3,300,000 for works contracts." Can Norway  please provide further information about its 
thresholds, particularly the differing thresholds  between goods and services, and the differing 
thresholds for works contracts and construction services contracts?  
Answer: 
 
Norway's threshold for the application of G PA/EEA/FTA specific rules dur ing 2008 and 2009 are 
NOK 41 000 000 for all construction services/works c ontracts. For the supply of goods and services 
contracts the thresholds were NOK 1 050 000 for cen tral government authorities, NOK 1 650 000 for 
counties and municipalities, and NOK 3 300 000 for entities operating in the utility sector. These 
thresholds are equivalent to the relevant SDR thresholds in the GPA commitments for Norway. 
 Para. 143 
The Secretariat's Report states that, "The authorities also note that procurement under the 
GPA/EEA/EFTA or EFTA's FTAs must be published internationally, except for selective tendering." 
Can Norway clarify this statement?  
Answer:
 
Using the definitions in the Government Procur ement Agreement, the reference to “selective 
tendering” should have been a reference to “limited tendering”.  
III. Trade Policies and Practices by Measure; (4)
 Measures Affecting Production and Trade; 
(vi) Intellectual Property Rights – Regulatory Framework Para. 152 
The Secretariat Report states that amendements to  the Patents Act, in force from January 2008, 
introduced an administrative procedure for the re vocation of a patent. Can Norway please clarify 
under what circumstances the admi nistrative procedure may serve as an alternative to judicial 
procedures to revoke a patent?  
 Answer:
 
The administrative procedure at the Norwegian Indu strial Property Office may serve as an alternative 
in cases where someone claims that a patent s hould be revoked because certain substantive 
conditions for patentability are not met. This incl udes situations where someone claims that the 
invention lacks novelty or inventive step, that the claimed subject matter does not constitute an 
invention, that the invention does not concern pat entable subject matter and situations where the 
commercial exploitation of the invention would be contrary to public order or morality.  
 The administrative procedure cannot be used in situations where a claim for revocation is based on 
the patent having been granted to a person other than  the inventor, on lack of clear description of the 
invention, on the patent comprising subject matter t hat was not disclosed in the application, on the 
scope of patent protection having been expanded after the patent was granted or on the patent having 
been amended in a patent limitation procedure in such a way that the scope of protection has 
expanded. In such cases a lawsuit is the only available procedure to have a patent revoked. 
It should be noted that any decision by the Norweg ian Industrial Property Office revoking a patent in 
an administrative procedure, can be reviewed by the courts. If a claim for revocation is rejected by 
the Office, the claim can still be tried in a lawsuit.   WT/TPR/M/205/Add.1 
 Page 47 
 
 
 Para. 153 
The Secretariat Report notes that amendments  to the Copyright Act in 2005 provided for 
circumvention of copy protection for private use of  copyright materials, and that an annual grant 
(NKr 34.8 million in 2007) is allocated out of the national budget to compensate right holders in the EEA. Norway please elaborate on how the amount and r ecipients of this annual grant are determined? 
 
Answer: 
 
The Norwegian government allocates a grant to th e right holder organisation Norwaco, to fulfil our 
obligation to offer ”fair compensation” (according to the 2001/29/EC Copyright Directive) to right 
holders for legal private copying. The structure of this remuneration system is based on cultural 
policy considerations by the Norwegian governme nt and the Norwegian parliament (Stortinget). 
 The compensation grant have for the last two years been divided equally between authors, performers 
and producers within the European Economic Area ( EEA).  The level of the grant is based on the 
average level of the grants in the other Nordic c ountries at the time the compensation was introduced, 
and is annually adjusted according to the CPI.  
 Para. 162 
The Secretariat Report states that amendments to the Enforcement of  Claims Act in September 2007 
provided Customs Authorities with new ex officio  powers to detain goods suspected of infringing IP 
rights for up to 5 days after notifying the rights hol ders Canada would be gr ateful if Norway could 
provide the number of times Customs Authorities ha ve taken action ex officio since the amendment. 
 Answer:
 
In 2007 the Customs Authorities took action ex efficio 171 times, covering a total of 26 190 
products/units. These figures includes the 7 cases and 8 215 products/units for which action was 
taken directly imposed by the change of the regul ation (from September to December 2007).For the 
Period 1 january to 14 October 2008 the figures are 141 cases (56 of which is a result of the change of the regulation) and 44 282 pro ducts/units (of which 28 873 products/units as a result of the change 
of the regulation).  
 
IV. Trade Policies by Sector; (2) Agriculture; (ii) Border measures  
Para. 19, 20 and 22 
The Secretariat report notes that in-quota fill rates are low in a number of cases. Based on Table IV.4, 
nine of Norway's fifteen tariff quotas that are administered and notified to the WTO had fill rates below 65% in 2005. Can Norway explain why these TRQs have been under filled, explain how they 
are administered, and what steps are being taken to improve the fill rates of these tariff quotas?  
 The Secretariat report outlines that so me Members have raised concerns  with regard to the allocation 
of quotas through auctioning and at the time of Norway's previous TPR they indicated that the quota ceilings for individual importers were set at 50% of the total quota. Can Norway please provide a detailed explanation of how auctioning is used in the administration of their tariff quotas and explain 
how they ensure that unrestricted access  to the tariff quantity is provided. 
 Could Norway please confirm if the 50% ceiling restri ction for individual importers is still in place 
and if so please outline the purpose of maintaining th is requirement, particular ly with regard to the 
tariff quota with consistently low fill rates. 
 WT/TPR/M/205/Add.1 
Page 48  
 
 Answer:
 
 
In general, actual imports reflect the comme rcial interest in importing the different products, 
regardless of the allocation method. The commercial interest is influenced by  prices in the potential 
exporting countries, currency fluctuations, cons umer preferences and other domestic market 
conditions. 
 Quotas are allocated through an online auctioning syst em administered by the Norwegian Agriculture 
Authority (NAA). Notification is given on the NAA web site (www.slf.dep.no) before auctions take 
place. Importers may register at the NAA to receive updates and information regarding future 
auctions. 
 Auctions are held several times a year, but auctions  for quotas with a license period from January are 
held in November the year before.  Mo st quotas are allocated 100%.  If a part of the total quota is still 
available after the auction, additional auctions may be held later. Information on remaining quota 
volumes is available online.  Registered importers may ask for a new auction of unallocated volumes.  
Auction results are published on the web, where a li st of allocations including firms, quantities and 
fees is made available soon after the auction is fin ished.  A successful bid confers a license to import 
at the given tariff rate.  Licenses may be freely traded in the secondary market.  Those wanting to 
trade a license in the secondary market, can via the NAA website get contact information for all the 
quota owners.  
 
The purpose of the 50 per cent restriction is to pr ovide for competition in the market.  In additional 
auctions, as described above, this restriction does not apply.  The 50% ceiling restriction for 
individual importers is in place in 2008, but we  are considering making changes related to this 
restriction. 
 
Para. 21 
The Secretariat report indicates that Norway administers a tariff quota regime for imports of cereals 
and oilseeds which they implemented after the Urugua y Round.  It is also stated in the report, 
"Norwegian Agriculture Status and Trends 2007”,  that it was suggested by the Ministry of 
Agriculture to substitute state compulsory purch ases with a target price system including an import 
system based on tariff quotas (i.e. quotas with lower ta riff rates than the maximu m tariff rates) for the 
cereals and oilseeds.  Could Norway please provide  additional background in formation on how this 
tariff quota regime was developed, and the term s and conditions of access which apply, including 
whether the quotas have lower tariffs than the ma ximum tariff rates and if so, what they are?  
 
Answer:
 
Imports of cereals and oilseeds are stimul ated through general tariff reductions.  Administrative tariff 
reductions are based on rules set out in regulation provided by the Ministry of Agriculture and Food, 
of 22 December 2005 no. 1723.  This regulation set s out certain criteria for when the Norwegian 
Agriculture Authorities may reduce app lied tariffs.  The purpose is to stimulate imports to meet 
domestic demand, based on volume projections for the coming year.  Administrative tariff reductions 
are granted on MFN basis, and preferences granted in bilateral free trade agreements or through the 
GSP scheme are maintained.  A d ecision on general administrative ta riff reduction is published in 
advance at the website of the Agricultural Authority  IV Trade Policies by Sector; (2) Agriculture;  (I ) Features; (iii) General Support, (iv) Policies by 
group of products; c) Vegetabl es, fruit and other products  
Para. 42 
Paragraph 42 indicates that, "In the horticulture sector  transport and storage support is also provided". 
Canada notes that Table STDS: 7 of Norway's  2002, 2003 and 2004 domestic support notifications 
(G/AG/N/NOR/47) reference a measure titled, "Storage  subsidy, fruit".  Could Norway please clarify  WT/TPR/M/205/Add.1 
 Page 49 
 
 
 whether, "Storage subsidy, fruit" includes amounts fo r storage subsidies only or if this amount also 
includes transport subsidies?  If transportation subsidies are included, Could Norway please provide a breakdown of the support by transport and storage measure.  If transportation subsidies are not 
included in the amount for, "Storage subsidy, fruit", Could Norway please indicate where in its domestic support notification (G/AG/N/NOR/47)  the transport subsidy is reported? 
 
Answer:
 
Transport subsidies for horticu lture were abolished in 1998.  
 
IV. Trade Policies by sector; (5) Energy; (ii) Hydrocarbons Para. 84 
Paragraph 84 states that Norway's Petroleum Act establishes that petroleum exploration and production licences may only be awarded to persons and companies resident in EEA member states 
(i.e. companies domiciled in the EEA regardless of the capital origin).  Does Norway plan to grant 
companies domiciled outside of EEA the rights fo r petroleum exploration and production licences? 
 
Answer:
 
The provision in the Petroleum Act implies that  companies outside the EEA will have to establish a 
daughter company in the EEA to be awarded a production licence on the Norwegian Continental 
Shelf. In practice, this is done by such companies registering a joint stock company in Norway. There 
are several non-EEA oil companies active on the Norwegian Continental Shelf today. 
 
IV. Trade Policies by Sector; (7) Services; (v) Professional Services 
Para. 165 
Paragraph 165 indicates that the Norwegian Agency  for Quality Assurance in Education (NOKUT) 
evaluates foreign qualifications and provides form al recognition of correspondence to Norwegian 
degrees, but in certain professions it may be necessary to obtain recognition from Norwegian 
Universities.  Can Norway please provide more informa tion on which professions are covered by 
NOKUT's services and which require specific r ecognition from Norwegian universities and please 
advise if there is a listing of Norwegian Univ ersities that might provide such recognition? 
 
Answer:  
NOKUT does not give recognition to professions, but is responsible for general recognition of higher 
education qualifications from abroa d and for providing advice to the higher education institutions in 
recognition matters. Such a general recognition of forei gn higher education qualifications in Norway 
would determine: 
 
This means that NOKUT does not determine whether an individual’s education is equivalent to a 
specific degree from a Norwegian institution of  higher education. Specific recognition means 
recognition of foreign qualifications in relation to specific subjects offered and degrees awarded at a 
higher education institution. Each individual instit ution determines whether the foreign qualifications 
satisfy the specific academic requirements regarding th e breadth and depth of the subject or degree.  
 
Recognition of a degree or other academic qualifi cations by NOKUT or by a higher education 
institution does not automatically confer the right to practice a profession regulated by Norwegian  
•  The extent to which the qualifications are consid ered wholly or partially equivalent to Norwegian 
higher education  
•  the extent to which the qualifications are equiva lent, in terms of years of study and credits, to a 
Norwegian qualification 
•  general recognition may also result in recognition of  foreign higher education as equivalent to a 
Norwegian Bachelor’s or Master’s degree  WT/TPR/M/205/Add.1 
Page 50  
 
 law. In such cases an authorization is required. (Professional recognition does on the other hand not 
necessarily result in recognition in terms of academic equivalence).   Applications for authorization to practice regul ated professions must be sent to the relevant 
ministries/directorates/institutions. Examples of regulated professions are accountants, teachers, 
various medical professions, veterinary surge ons, lawyers and various maritime professions.  
 
Para. 171 
Paragraph 171 indicates that lawyers from outside  the European Economic Area may be given 
permission by the Supervisory Council to practice fo reign law or private international law. What is 
the process of seeking such permission and what are the requirements for approval?  
 Answer:
 
A foreign lawyer, who documents that he or she hol ds a practising certificate,  is entitled to practice 
foreign law and private international law in Norway .  He or she has to acquire a license from the 
Supervisory Council for Legal Practice in order to be  able to provide legal assistance in Norway.  
The following documents must be submitted in  order to acquire the abovementioned license: 
 
- The original or an authentic copy of the practising certificate  
- Confirmation from the country concerned that  the foreign lawyer holds a current certificate, 
 i.e. that the certificate has not been withdrawn.  
 If the abovementioned documents are provided, th e foreign lawyer will acquire a license issued by the 
Supervisory Council for Legal Practice. 
 
All lawyers, both national and foreign, who wish to pr ovide legal assistance in accordance with his or 
her license, must provide a security. In addition, he or she has to meet two other conditions: 
 
- To make a financial contribution to the Sup ervisory Council for Legal Practice and to the 
 Disciplinary Council for Advocates (both contri butions will be collected by the Supervisory 
 Council)  
- To provide a willingness declaration from a regis tered public accountant, i.e. that he/she is 
willing to be the lawyer’s accountant. It is possible to apply for a dispensation from the 
willingness declaration. Lawyers may be eligib le for dispensation if they are permanently 
employed and lack access to client assets.  
 Para. 173, 174 and 177 
Canada notes that external accountants and auditors  are supervised and licensed by the Financial 
Supervisory Authority of Norway. Is the licensing regime the same for domestic accountants and 
auditors? If different, how does it compare?  
 Paragraphs 174 and 177 indicate that external account ants and Auditors must have a permanent place 
of business (office location for auditors) in Norway  and be resident in a European Economic Area 
state. How do you define resident in this case? 
 Answer:
 
The licensing regime is the same for domestic and non-domestic external accountants and auditors.  
 
Resident in an EEA state in this context means that the person has his primary place of residence 
within the EEA and is registered as a resident in a national register in an EEA state. For instance, a 
resident will be a person who has his primary place of residence in Norway and is registered in the 
Norwegian “Folkeregister” (National Register). Th e Financial Supervisory Authority of Norway may  WT/TPR/M/205/Add.1 
 Page 51 
 
 
 grant exemptions from the requirement that the auditor shall be resident in an EEA state, cf. the Act 
on Auditing and Auditors section 3-7 and the Act on External Accountants section 4.  
 Comments by Canada to the Secretariat Report 
 
Part II. Trade Policy Regime: Fram ework and Objectives; (4) Interna tional Relations; (ii) Preferential 
trade agreements; (c) Other free trade agreement: para. 36, footnote 43:   Canada would note that, with regard to the Canada-EFTA FTA (CEFTA), the EFTA Secretariat 
notified the WTO of the signing of the CEFTA via e- mail on July 28, 2008 Canada notes that there is 
no document issued yet by the WTO for this notification. 
 
CHILE 
 
IV Trade Policies by Sector, (7) Services, (iv) Maritime transport 
The WTO Secretariat report highlights the importan ce Norway gives to the liberalisation of the 
maritime transport sector. However, at the same time, the report shows the restrictions that the regulative framework poses on foreign companies in this sector . How are these two situations 
comparable? Are there plans to eliminate these restrictions?  
 Answer:
 
Norway has an open regime for foreign companies wh en it comes to maritime transport both with 
respect to non- restricted market acce ss in international and domestic trades, and also with respect to 
registration of vessels and use of foreign seafarers in the NIS register. The text in the report of the 
Secretariat describes the rules and regulations which in our opinion are not to be interpreted as 
restrictions in this sector. The Norwegian rul es and regulations for vessels and seafarers are mainly 
based on relevant international regulations as developed in IMO and ILO. These rules and 
regulations are non- discriminatory in relation to  foreign interests, including rules related to 
harbours and taxation.  
 
(v) Professional Services 
The WTO Secretariat report shows that in order to  provide legal-, auditing- and accounting services, 
the providers of services must have a Norwegian Un iversity degree.  It is understood that these 
conditions are in line with national legislation.   Does Norway consider these conditions to be 
consistent with the requirements estab lished in article VI: 5 of the GATS?  
 Answer
:  
We cannot see that the Secretariat’s report shows that providers of legal, auditing and accounting 
services must have a Norwegian Uni versity degree. We refer to the Secretariat’s report chapter IV, 
para. 174: “Qualifications from a foreign univers ity may be accepted...” More details are given 
below. We consider the conditions to be fully cons istent with the requirements established in article 
VI: 5 of the GATS.  
External Accountants  
External accountants must be authorised by The Financial Supervisory Authority of Norway 
(Kredittilsynet). Requirements to become an Author ised External Accountant set forth in the 
Authorisation of External Accountants Act section 4.  cf. the Regulation on External Accountants.  
 
External accountants need a bachelor degree in business economics and the equivalent of two years 
of relevant work experience. In addition external accountants must be resident in an EEA-member 
state, have a place of business in Norway, be financia lly trustworthy, be of good repute, and not be 
incapacitated. External Accountants must co mply with continuing professional education 
requirements.  WT/TPR/M/205/Add.1 
Page 52  
 
  
Degrees from a foreign university may be accepted. The Norwegian Agency for Quality Assurance in 
Education (NOKUT) evaluates foreign degrees and provides formal recognition of whether it 
corresponds to Norwegian degrees. An  exam in jurisprudence, financial accounting and tax-law must 
to be taken in Norway. The reason for this is that the external accountants must have precise 
knowledge of applicable national law. I addition, ad vice and assist the clients in questions concerning 
national law and regulations, is an essential and freque nt part of the work of an external accountant. 
 Auditors Registered and state authorised auditors must be authorised by The Financial Supervisory Authority 
of Norway. Requirements to become a registered or  state authorised auditor in Norway are set forth 
in the Act on Auditing and Auditors chapter 3.  
Registered and state authorised auditors must have completed the education described in the Act on 
Auditing and Auditors, and have the equivalent of  three years of relevant work experience. In addition 
auditors must be of good repute, capable of fulfillin g their obligations as they come due, and of legal 
age and capacity.  
Registered and state authorised auditors who perfor m statutory audits and other attestation services 
required by public authorities must hold a NOK 5.000.000 security and comply with continuing 
education requirements. 
Registered auditors must have succe ssfully completed the three-year auditor education in accordance 
with a national curriculum.  State authorised auditors must have successful ly completed the three-
year auditor education, bachelor of commerce, professional law or economics education or other 
education approved by Kredittilsynet.  The person concerned must also ha ve successfully completed 
advanced auditor education with a prescribed duration of at least one and half years.  
Education from universities and university colleges abr oad may be approved in line with education in 
Norway provided that it is equivalent to the education mentioned above. An exam in tax law and 
jurisprudence that is equivalent to the test taken by auditors with equivalent education in Norway 
must be taken in Norway.  The rea son for this is that a registered or state authorised auditor must 
have precise knowledge of national law. I additi on, advice and assist the clients in questions 
concerning national law and regulations, is an essentia l and frequent part of the work of a registered 
or state authorised auditor.   
Auditors, who are authorised within the EEA to perf orm statutory audits, can be mutually recognized 
as Norwegian registered or state authorised audito rs.  Norway may require that the applicant passes 
an aptitude test to demonstrate adequate k nowledge of Norwegian legislation.  
It is not an absolute requirement that provid ers of accountant- and auditing services have a 
Norwegian University degree.  Education from anoth er country may be accepted if this education is 
equivalent to the requirements set forth in the Ac t on Auditing and Auditors section 3-2, and the act 
on External Accountants section 4 cf. the Regula tion on External Accountants section 1-4.  
Legal services 
A foreign lawyer, who documents that he or she hol ds a practising certificate,  is entitled to practice 
foreign law and private international law in Norway . He or she has to acquire a license from the 
Supervisory Council for Legal Practice in order to be able to provide legal assistance in Norway. The 
following documents must be submitted in or der to acquire the above mentioned license: 
 
• The original or an authentic copy of the practising certificate  WT/TPR/M/205/Add.1 
 Page 53 
 
 
 • Confirmation from the country concerned that th e foreign lawyer holds a current certificate, i.e. 
that the certificate has not been withdrawn. 
 CHINA  
1. Would Norway please provide the list of the 14  low-income countries other than LDCs which can 
enjoy duty free and quota free market  access treatment under its Generalised System of Preferences? 
 Answer:
 
Cameroon, Congo (Rep.), Côte d'Ivoire, Ghana, Kenya, Korea (Dem. Rep.), Kyrgyz Republic, 
Moldova, Mongolia, Nicaragua, Papua New Guinea, Tajikistan, Uzbekistan and Zimbabwe. 
 
2. It is noted in Paragraph 6 on Page vii of the Secretariat Report that Norway grants at least MFN 
treatment to all its trading partners. Would No rway please confirm whether these also include Non-
Members of the WTO?  
Answer:
 
Norway can confirm that we grant at least MF N treatment to all our trading partners, including 
countries that are not members of the WTO. 
 
3. It is noted in para. 15 on page ix of the Secretariat Report that Norway only notifies to the WTO SPS measures and technical regulations that are e ither purely national or differ substantially from 
those harmonized throughout the EEA. Would the Dele gation of Norway please provide clarifications 
as to how information about other regulations  which are harmonized throughout the EEA and 
applying to Norway could be obtained?  Answer:
 
Information regarding regulations which are harmonized through the EEA-Agreement can be 
obtained through EU's notifications in this field. More detailed info rmation on the implementation 
into Norwegian legislation can be obtained thro ugh requests to the Norwegian enquiry points on the 
SPS-Agreement and the TBT-Agreement. 
 
4. The Secretariat Report suggests in Paragraph 16 on page ix that it is important to ensure that, by 
improving the competitive position of beneficiary do mestic companies, the export incentive schemes 
do not also distort markets. It would be interesti ng to know how Norway makes sure that such market 
distortions can be avoided.  
Answer:
 
By ensuring that any scheme is in accordance with the relevant international obligations in the WTO, 
OECD and EEA.  
 
5. It is noted in Paragraph 4 of Section II of the Secretariat Report that Norway maintains restrictions 
on foreign investment in fisheries, audiovisual services, and maritime and air transport. Would the 
Delegation of Norway please provide details on these restrictions?  Answer:
 
The restrictions on foreign investments in the Norwegian fishing  fleet (Chapter IV, section (4)) 
requires in general that to run and own a fishing vessel  you must be a Norwegian citizen, or on a par 
with a Norwegian citizen. To be on par with a Norw egian citizen a person must be resident in Norway 
or, when it comes to private and public limited companies and other companies with limited 
responsibilities, the head office and seat of the board must be in Norway and the majority of the 
board, including the chairman, must be Norwegian citizens resident in Norway, and have lived in WT/TPR/M/205/Add.1 
Page 54  
 
 Norway the last two years, and Norwegian citizen s must own shares corresponding to 6/10 of the 
company’s assets and must perform voting rights in the company with at least 6/10 of the votes.  There are however no restrictions on foreign investments in the onshore fishing industry.   The restriction on foreign investment in maritime transport
 services (Chapter IV, section (7) (iv)) is 
mainly connected to registration of vessels in the NO R register. This restriction is also inscribed in 
schedule of Norwegian commitments on maritime transport services under the GATS agreement. To 
be registered in the NOR register, ships must be owned by an EEA natio nal or by a company 
established in Norway where EEA nationals own at leas t 60% of the capital. As a general rule non-
EEA nationals may not register a ship in the NOR. However, nationality requi rements may be waived 
in certain cases by the Ministry of Trade and Industry.   
 Foreign nationals may register their vessels in the NI S register (the Norwegian international register) 
under certain conditions which also are containe d in the Norwegian commitments on maritime 
transport services under the GATS agreement. NI S registered vessels with more than 40% foreign 
ownership must be operated by a Norwegian ship-o wning company with its head office in Norway, or 
by a Norwegian management company. If the ship is registered directly in the NIS by a foreign 
company, an EEA representative is required. The represen tative must be domiciled in Norway and be 
authorized to accept lawsuits on behalf of the ship owner.   
 Regarding air transport
( Chapter IV, section(7)(vi)) The Norwegian Aviation Act states in Chapter III 
A, Section 3 – 2, the following: Nationality cond itions not covered by the EEA Agreement with regard 
to aviation Except as otherwise provided by this Act, cf. especially section 16 – 1, only aircraft having 
a Norwegian owner may be registered. The following entities are regarded as Norwegian: 
1. the Norwegian central government and systems t hat are controlled by the central government  
2. Norwegian local authorities,  
3. Norwegian citizens,  
4. foundations with a 1 00 % Norwegian board head quartered in Norway,  
5. associations and similar groups with a 100 % Norwegian board headquartered in Norway, at 
least two thirds of whose members are Norweg ian citizens or have equivalent status under 
this section,  
6. private limited liability companies or public  limited liability companies with a 100 % 
Norwegian board headquartered in Norway in which Norwegian citizens or the equivalent 
under this section own shares representing at leas t two thirds of the share capital and are 
entitled to exercise at least two thirds of all vo tes at the general assemblies of the company,  
7. Other companies that consist exclusively of Norwegian citizens or th e equivalent under this 
section. 
 
In certain circumstances the Ministry may allow an  aircraft to be registered even though the owner 
does not fulfil the requirements of the first paragraph. 
 
6. It is noted in several places of the Secretariat Report that domestically agricultural goods are heavily assisted which contributes si gnificantly to high food prices.  It  would be interesting to hear 
Norway’s comments on this observation.  Does Norway  plan to take steps to reduce such assistance 
with or without the Doha Development Agenda?  Answer:
 
Norway regards assistance provided to agricultura l production as instrumental in achieving national 
policy objectives, including rural employment, food security and environmental sustainability. 
Norway is fully committed to the mand ate of the Doha Development Agenda.  
  WT/TPR/M/205/Add.1 
 Page 55 
 
 
 Agriculture 
Para. 17 
 
Could Norway please explain in greater detail the procedure of general tariff reduction by NAA? 
 
Answer:  
Administrative tariff reductions are based on the rules set out in regulation provided by the Ministry 
of Agriculture and Food, of 22 December 2005 no. 1723. This regulation sets out certain criteria for when the Norwegian Agriculture Au thorities may reduce applied tariffs. The purpose is to stimulate 
imports to meet domestic demand. Administrative tariff reductions are grant ed on MFN basis, and 
preferences granted in bilateral free trade agreemen ts or through the GSP scheme are maintained. A 
decision on general administrative tariff reduction is published in advance at the website of the 
Agricultural Authority.  
 Para. 21 
 
Could Norway please elaborate on its TRQ regime of cereals and oil seeds?  Answer:
 
Imports of cereals and oilseeds are stimul ated through general tariff reductions.  Administrative tariff 
reductions are based on rules set out in regulation provided by the Ministry of Agriculture and Food, 
of 22 December 2005 no. 1723. This regulation sets  out certain criteria for when the Norwegian 
Agriculture Authorities may reduce applied tariffs. The purpose is to stimulate imports to meet 
domestic demand, based on volume projections fo r the coming year. Administrative tariff reductions 
are granted on MFN basis, and preferences granted in bilateral free trade agreements or through the 
GSP scheme are maintained. A deci sion on general administrative ta riff reduction is published in 
advance at the website of the Agricultural Authority. 
Fishery and Aqua-products 
Para. 58  
Could Norway please provide the legal texts of its Ac ts of fishery and aqua-products as mentioned in 
this paragraph? 
Answer:  
Below are links to key Norwegian legislation in English pertaining to the fisheries sector.  
 Saltwater Fisheries Act of 1983:  http://www.ub.uio.no/ujur/ulo vdata/lov-1983060 3-040-eng.pdf 
 
Raw Fish Act of 1951:  http://www.ub.uio.no/ujur/ulo vdata/lov-1951121 4-003-eng.pdf 
 Aquaculture Act of June 2005: 
 
http://www.regjeringen.no/upload/k ilde/fkd/reg/2005/0001/ddd/pdfv/255327-l-
0525_akvakulturloveneng.pdf  Exports of fish and fish products, includi ng last amendment (in Norwegian only) 
 
http://www.ub.uio.no/ujur/ulo vdata/lov-1990042 7-009-eng.pdf 
 WT/TPR/M/205/Add.1 
Page 56  
 
 Act of May 1992 relating to Salmon and Inland Fish 
 http://www.ub.uio.no/ujur/ulo vdata/lov-1992051 5-047-eng.pdf 
 Para. 61  
Could Norway please clarify with whom Norway has signed bilateral or multilateral agreements on 
fishery cooperation? What rules or regulations  should be followed by foreign vessels conducting 
fishing activities in the economic zones of Norway? 
Answer:
 
For the most important fish stocks quota levels are set in cooperation with other countries. Norway 
has negotiated a series of agreements with its ne ighbouring countries. Norway has agreements with 
Russia, the European Union, Iceland, Greenland and the Faroe Islands.   Foreign vessels must apply for a fishing license in order to fish in areas subject to Norwegian 
fisheries jurisdiction. Such fishing vessels must repor t their catches to The Norwegian Directorate of 
Fisheries. More information available at:  
http://www.fisheries.no/management_cont rol/quotas/quota_negotiations.htm 
 Para. 63 
Could Norway please explain the procedure on how the “total allowable catch”, “IVQ” and 
“maximum quota” are determined and how the quotas are allocated? How can Members acquire 
updated information on a year-to-year basis in this regard? 
 Answer:
 
Many fish stocks migrate between various econom ic zones and international waters. Around 90 per 
cent of Norway’s fisheries are conducted on stocks t hat are shared with other states. For the most 
important fish stocks quota levels are therefore set in cooperation with other countries. More 
information may be found at;  http://www.fisheries.no/management_c ontrol/quotas/quota_allocation.htm 
 The allocation of the different quotas is decided by the Ministry of Fisheries and Coastal Affairs after 
consultations with the fishermen’s organizations . The quota in each vessel group is divided and 
distributed to each vessel in the group. The sum of the individual vessels’ quota is often larger than 
the group quota.  This is called a maximum quota. It implies that each vessel does not have any 
guarantee for the entirety of the maximum quota, bec ause the fishery is stopped when the group quota 
is taken. This results in competiti on between the vessels. The vessels  may have a "guaranteed IVQ in 
the bottom" and a maximum quota on the top. Update d information is available at www.fisheries.no  
 
Services – Engineering and architectural services 
Para. 167  
Foreign architects and engineers can practice their professions provided they have a permit to reside 
in Norway after their educational qualifica tion is recognized by NOKUT. Could Norway please 
explain in detail what educational requirements fore ign architects and engineers should meet in order 
to be recognized by NOKUT and the procedures fo r application for residence permit in Norway? 
 Answer:
 
The professions of architect and engineer are not  regulated professions in Norway and the 
professional titles are not protected by law. NOKUT gives general recognition of an education from a 
foreign institution of higher educa tion. Individuals interested in obtaining such a general recognition 
should apply to NOKUT.  
  WT/TPR/M/205/Add.1 
 Page 57 
 
 
 This means that NOKUT does not determine whether an individual’s education is equivalent to a 
specific degree from a Norwegian institution of  higher education. Specific recognition means 
recognition of foreign qualifications in relation to sp ecific subjects offered and degrees awarded at an 
institution. Each individual institution determin es whether the foreign qualifications satisfy the 
specific requirements regarding the breadth and depth of  the subject or degree. For instance, for the 
specific recognition and the right to use the Norweg ian degree title of architect the individual must 
contact a Norwegian institution that  awards such degrees. The institution will determine whether the 
foreign qualifications of the individual will satisfy the specific requirements for the academic degree 
of architect in Norway.  
In order to work in Norway most foreign citizens need a work permit.  This permit will give the person 
both the right to work and to reside in Norway .  There are several types of work permits. For 
architects and engineers who are non-EEA nationals , the general regulations regarding skilled 
workers/specialists apply.  Details can be found at :  http://www.udi.no/templates/Tema.aspx?id=9352 
 
Services 
 
Could Norway please describe the main features and regulatory framework of its energy service and environment service sectors?  
 Answer:
 
The Norwegian market for energy related services is open for competition. Companies may supply 
services to the oil and gas sector and the electricity sector irrespective of nationality, as long as they 
are qualified to supply the service in question. Se rvices are procured by oil companies on the 
Norwegian Continental Shelf and companies in the el ectricity sector in accordance with the EU/EEA 
procurement rules. In the oil and gas sector, service providers may seek to  be qualified through an 
online database called Achilles. Services are then procured on th e basis of full competition and 
objective and transparent criteria.   The Norwegian electricity market  was formally opened in 1991. In 1992 the power pool ”Statnett 
Market AS” (now Nor Pool ASA) was established to channel the exchange of electricity trading for balancing supply and demand in real time. Later Sweden and Finland got integrated in the power 
pool. Denmark has also been integrated into the Nordic power market. The trade in the Nordic Power 
Exchange (Nord Pool ASA) is open to all, also outside the Nordic countries, on equal terms.  
 Grid management and operations for distribution of electricity are defined as monopolies. These 
monopoly operators are, however, required to o ffer grid services to all customers on non-
discriminatory terms.  
 All end users are free to choose electricity suppli er. Household customers recei ve invoices based on a 
predetermined load profile, and can therefore change supplier without the need to meter consumption 
by the hour. Change of power supplier is  now often done over the Internet. 
 
Environmental services are almost fully liberalized with exceptions rel ated to the supply of public 
service functions, whether owned and operated or c ontracted out by local, regional or central 
government.  
Questions regarding the Government Report 
 Para. 20 
Could Norway please further explain the legal re quirements and detailed procedures for non-EEA 
Members to acquire work permit in Norway?  
 WT/TPR/M/205/Add.1 
Page 58  
 
 Answer:
 
In order to work in Norway most foreign citizens need a work permit.  There are several types of work 
permits. Details can be found at: http:/ /www.udi.no/templates/ Tema.aspx?id=9352  
 
Para. 21 
Could Norway please provide more information on th e new Immigration Act which will be effective 
in 2010, especially on the rights and obligatio ns of service providers that are independent 
professionals and contractual service  suppliers? How can Members have  access to the legal texts of 
this Act?   
Answer:
 
The new Immigration Act allow service providers a p ermit for providing services in the realm. It is a 
condition that wages and working conditions are not of a lower standard than the applicable tariff 
agreement, wage scale or normal standard for the location and profession. There must be a concrete 
offer of assignment, and the offer must as a rule rel ate to work for a single employer. As a rule, there 
is a condition that the position cannot be filled by domestic  labour or a worker from an EEA or EFTA 
country. Exceptions can be made where internatio nal agreements allow the se rvice provider a permit. 
A permit based on the regulation for service prov iders does not constitute grounds for settlement 
permit.   The new Immigration Act has not yet been translated,  but the legal text can be read in Norwegian on 
www.lovdata.no or www.regjeringen.no.  
 
Para. 56 
Could Norway please brief us on the progress of the working group on trade and environment which 
was established in the ministerial meeting of EFTA in June 2008? What are Norway’s views towards 
dealing with environment issues w ithin the framework of FTAs?  
 Answer:
 
The EFTA working group on trade and environment wa s established to consider the possibility of 
integrating environmental elements into EFTA ag reements, and elaborate a draft set of provisions. 
The working group is currently in the process of as sessing the international development in this area, 
with the aim to present an interim report to  the EFTA ministerial meeting in November. 
 FTAs may be a useful tool to achieve the overarc hing objective of sustainable development. Norway 
believes that the benefits of complementarities in co mpetence in environment-related fields, both for 
the environment and the economy, may be facilita ted through appropriate language in free trade 
agreements. 
 CHINESE TAIPEI 
 
(II) TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES,  (4) INTERNATIONAL RELATIONS, (ii) Preferential trade agreements,  
(b) European Economic Area (EEA) 
Para. 31 
Could Norway please provide a comprehensive list of  EC legislations that are required to be 
transposed into its domestic laws? For example, coul d Norway also confirm that all EC customs rules, 
regulations and classification, will also be applied in Norwegian trade regime?  
 Answer:
 
The trade regime between the EEA EFTA states on the one hand and the EU member states on the 
other is identical to the intra-EU trade regime, w ith the exception of the EU customs union. However, 
the scope of the EEA agreement does not include the EU's Common Agricultural Policy or the  WT/TPR/M/205/Add.1 
 Page 59 
 
 
 Common Fisheries Policy. Thus, with some exceptions, intra- EEA trade in ag ricultural products and 
fish and other marine products are not covered by  the EEA agreement. Norway has transposed, or is 
in the process of transposing, all EU legislation that  affects the relevant parts of the internal market 
into national law.   
EC customs rules, regulations and classification are not
 applied. 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(4) MEASURES AFFECTING PRODUCTION AND TRADE 
(i) Legal framework for business Para. 83 
Norway is conducting a survey of legislation that affects business in order to simplify the regulatory 
framework. We would appreciate having further in formation on how the survey is being conducted 
and the scope of the questions. 
 
Answer:
 
In 2006 the Government started a project with the goal to reduce the administrative burden on 
Norwegian businesses. The project is managed by the Ministry of Trade and Industry. In order to 
have a good basis for later evaluation and the execu tion of simplification initiatives, all legislation 
has been evaluated to establish the level of admin istrative cost for businesses. The methodology used 
is The Standard Cost Model (SCM); http://www.adm inistrative-burdens.com . More than 500 acts and 
secondary regulations have been studied, 1 600 in formation obligations measured, and over 1 000 
interviews undertaken. The Government published an Action Plan in August 2008, with more than 
120 proposals for reducing administr ative burdens. The Action Plan states that the result from the 
SCM-measurement indicates that administrative costs correspond to approximately NOK 57 billion (7 
billion euros), which is abou t 2.6 per cent of the GNP. 
 
(ii) Competition policy and price controls 
Para. 97 
Could Norway please elaborate further on the “cond itions” that may exempt application of the 
Competition Act on agriculture, fisheries, and forest ry? Are these conditions also applied to producers 
of primary products imported from countries outside the EU? 
 
Answer : 
Under section 3 of the Competition Act The King in  Council shall in regulation provide for the 
exemptions from Sections 10 and 11 that are necessary to implement agriculture and fisheries policies. The specific conditions are set out in the secondary legislation mentioned in footnote 86 in 
the report from the secretariat. Generally, for an act ion to be covered by the exemption it must follow 
from sector legislation regulati ng production or sales, or from sector agreements between central 
government and the organisations of farmers or fishermen, i.e.  market regulation for primary 
agricultural or fishery products. 
 
Section 10 mentioned above regulates agreements that  restrict the competition between enterprises. 
Section 11 prohibits abuse of a dominant positio n in the market. Under certain circumstances 
enterprises in agriculture, fisheri es and forestry are given exemptions from parts of these regulations. 
The scope of the exemptions is defined under (i) above. The secondary legislation and the sector 
agreements which is the basis for the existi ng exemptions, comprises only Norwegian enterprises.   
 
(iv) State-trading, state owned enterprises and privatization Para. 128 
In the period 2003-07, there was a considerable slow down in the privatization process compared with 
the previous review period. Could Norway please describe the progress made in the privatization 
process so far in 2008?  Has any timetable  been set for privatization in 2008? WT/TPR/M/205/Add.1 
Page 60  
 
  
Answer:
 
Parliamentary elections in 2005 led to a change  of government. The present government has a 
stronger emphasis on state ownership than the p revious government, and there is no privatisation 
programme. 
 
(IV) TRADE POLICIES BY SECTOR , (5) ENERGY, (ii)Hydrocarbons 
(a) Main features Para. 77  
We note from the Report that the State holds 62.5% of the shares of StatoilHydro, but the Storting (Norwegian Parliament) has decided that the Stat e’s share should increase to 67% through purchases 
in the stock market. We are concerned that this c ontinuing tendency of the government to increase its 
shareholding percentage in the large oil companies such as StatoilHydro will have a negative effect on 
the privatization programme and limit competition in  the oil market in Norway, therefore we would 
appreciate knowing more about its purpose and expect ations with regard to this latest decision . 
 
Answer:
 
The objective behind of the Government’s ownership  in StatoilHydro remains unchanged from its 
ownership in Statoil and Hydro. 
 
In White Paper no. 13(2006-2007) An Active and Lo ng-term Ownership, the Government stated that 
the State should have a large shareholding in St atoil and Hydro in order to safeguard industrial 
expertise and jobs. Keeping head office functions an d R&D assignments in Norway is regarded as 
important.    In accordance with the Storting’s decision in 2001 to  maintain the Government holding in Statoil on a 
level of at least 67 per cent, and considering White  Paper no. 13, the Government thus intends to 
increase its shareholding in the merged company fr om 62, 5 per cent to 67 per cent over time. A 67 
per cent shareholding will contribute to ensuring that the intentions behind the decision to list Statoil 
in 2001 are maintained for the merged entity.  
 (b) Legal framework 
Para. 84  The Petroleum Act establishes that exploration and production licences may only be awarded to 
persons and companies resident in EEA Member St ates. Is there a possibility that the Norwegian 
government might further ease this restriction in the fu ture so that foreign investors other than those in 
the EEA would be attracted to become involved in  oil and gas exploration and production activities in 
Norway?  
 Answer
: 
The provision in the Petroleum Act implies that  companies outside the EEA will have to establish a 
daughter company within the EEA to be awarded a production licence on the Norwegian Continental 
Shelf, i.e. by establishing a joint stock company  in Norway. There are sev eral oil companies from 
outside the EEA active on the Norwegian Continental Shelf today.  
(iii) Electricity  
Para. 96  The Industrial Licensing Act determines that privat e Norwegian or foreign companies are obliged to 
return any rights and assets for hydropower genera tion to the State after 60 years, while publicly 
owned companies may be granted perpetual licen ces. In this regard, the Norwegian government 
presented a proposal to the Storting in mid 2008 fo r changes to the Industrial Licensing Act and 
Watercourse Regulation Act. Would it be possibl e for Norway to provide us and other WTO 
Members with an update on the stat us of this proposal for changes?  WT/TPR/M/205/Add.1 
 Page 61 
 
 
  
Answer:  
The amendments to the Industrial Licensing Act No 16 of 14 December 1917 and the Watercourse 
Regulation Act No 17 of 14 December 1917 were passed by the Parliament (Stortinget) on the 25th of 
September 2008 and entered into force on the 26th of September.  
 
(iv) Maritime transport, (b) Regulatory framework  
Para. 162  
With the adoption of the new tax system, does No rway allow foreign vessels the choice of selecting 
either the deferred tax system or the new tonnage tax system?  Answer:
 
Norway introduced a new tonnage tax system on 1 January 2008. The tonnage tax system, which 
applies the final taxation of profits from shipping acti vities in place of its original deferred tax system, 
is now available to companies registered in Norway  and can be used by most vessels registered in the 
NOR, the NIS and under a foreign flag.  
 The new system is open to foreign flag vessels. Howeve r, the owner must establish tax domicile in 
Norway through incorporation of a company in order to use the tonnage tax system. The deferred tax 
system or the previous tax system has ceased to exist and is no longer an option.    Questions to the Government Report 
II Economic Environment, Labour Market and Migration 
As indicated in the report, since 2000 there has b een a strong rise in labour immigration to Norway. 
Labour immigrants from the EEA tripled in the pe riod between the enlargement of the EEA from 2004 
to early 2008 while immigrants from non-EEA natio ns increased by 80% from 2004 to 2007, close to 
7000 in 2007. 
 Do these migrant workers constitute  a complementary or substitutive labour force in Norway? What 
are major impacts on the Norwegian labour mark et? Could Norway please provide the statistics 
breakdown by gender, nationality,  and vocation for EEA and non-EEA immigrants respectively? 
 
Answer:
 
Since 2003 there has been a strong growth in the Norwegian Economy and lack of labour force in 
most areas of the economy. In this situation la bour immigration has contributed to alleviating 
mounting pressure in the economy, and thereby to pr olong the strong cyclical upturn the last few 
years. Labour immigrants do not seem to have rep laced Norwegian workers. There is no indication 
that labour immigration has created unemploymen t in this period. Unemployment has decreased and 
national employment has increased.   In 2007 a total number of 97 864 permits were issued to labour immigrants, of which 88 percent were 
issued according to the EEA chapter in the immigr ation regulation. 81 percent of EEA permits were 
issued to male applicants. For non-EEA permits, 73 percent were issued to men. The construction 
industry is the most important sector for EEA na tionals, followed by agriculture/fisheries and 
manufacturing industries. For non-EEA nationals th e biggest industries were  agriculture/fisheries 
and transportation/retail/ hotels/restaurants. In bo th these categories seasonal work is important.  
 
Labour Market and Migration  
As indicated in the report, in 2008, a new immigra tion act was adopted by the Parliament, and then a 
separate act implementing EU directive 2004/38/EC was presented to the Parliament. Meanwhile, a 
report to the Storting No. 18 Labor migration was appr oved by the Parliament this year. Since various 
movements have been made by Norwegian Parliament  to contribute to a more transparent and more WT/TPR/M/205/Add.1 
Page 62  
 
 efficient labor market, could Norway please provide  information of the following questions: How is 
the entry and stay of immigrant workers mana ged? What are the objectives of this policy? 
 
Answer:
 
In order to work in Norway most foreign citizens need a work permit.  This permit will give the person 
both the right to work and to reside in Norway. Th ere are several types of work permits.  In the 
following, general regulations regarding skille d workers/specialists, will be accounted for. Skilled 
workers/specialists are persons w ho have specialist training in a particular field or have special 
qualifications needed in Norway. Specialist training means vocational training equivalent to at least 
three years at upper secondary school, or a universi ty degree. Special qualifications are skills 
acquired through practical work experience, possibl y in combination with a certain amount of 
training. Training at the level of higher education, i.e. university level, is also covered by the term 
“specialist training”. The training/degree must ha ve been completed. Furth ermore the expertise must 
be considered necessary for the business and there must be a concrete and current offer of 
employment. As a rule, the application must relate  to full-time work for a single employer. Wages and 
working conditions must not be of a lower standard than the applicable tariff agreement, wage scale 
or normal standard for the location and profession. 
 
Applications from skilled thir d country nationals are by the Directorate of immigration. EEA-
applicants and applications for skilled work and sea sonal work may be submitted while the applicant 
is staying in Norway. Further details can be  found at: http://www.udi.no/templates/Tema.aspx 
?id=9352  The objectives of the labour migration policy is to ensure that labour migration contributes to meeting 
labour demand. Moreover it is the wish of the Govern ment that this can be done in a simple and 
efficient way. Processing time should be as short as possible for all types of work permits. It is also 
part of the Norwegian governments labour immigrati on policy that the recruitment of foreign labour 
 - does not crowd out available domestic labour - does not undermine agreements and regulato ry frameworks governing Norwegian labour 
market 
- do not entail serious consequences on the part of  poor countries of origin (brain drain). 
 COLOMBIA 
 
III Trade Policies and Practices by Measure, (2) Measures directly affecting imports, (i) Procedures and documentation Para. 4  
In para. 4 Norway mentions that she is making efforts in order to facilitate trade, at the same time as 
augmenting the security and capacity of detectin g illegal activities. Could Norway give more 
information regarding which illegal activities that has been detected and how these are addressed? 
 
Answer: 
 
One of the strategies of the Norwegian Customs serv ice is to allow for simpler Customs procedures 
for companies complying with the rules, and more co mprehensive or stricter procedures for those not 
fulfilling necessary requirements. The ge neral development of the soci ety gives a greater demand for 
quick end effective border-crossing procedures for importation/exportation of goods in/out of 
Norway. At the same time there is an increased pres sure on Norwegian borders relating to illicit drug 
trafficking, and as well smuggling of other illegal  goods (like IPR-products, foodstuffs, etc.).  
 
There are various challenges for the Customs service related to customs controls. Therefore, there is 
an aim to work in a “targeted” way towards control objects, and as well using various means of 
technical assistance like sniffer dogs, scanners, computer systems, etc. Furthermore, the controls are  WT/TPR/M/205/Add.1 
 Page 63 
 
 
 based on risk assessment, where control objects are selected based on a risk analyses, and not on a 
random bases. The Customs service has devoted cons iderable time to develop national and local risk 
analyses systems, which is a continuous process.  Additionally, the Norwegian Customs has instig ated comprehensive analyses to identify high risk 
areas where there might be possible breach of Customs legislation.  The purpose of such analyses is 
also to make an overview of possible loss of revenue  following unauthorised imports or exports.  
 IV Trade Policies by Sector, (7) Services, (i) Main features Para. 103 and 106  
Has Norway considered the possibility of taking an y commitments for categories of persons that are 
not linked to commercial presence, i.e. as the case is for professionals, independent technical staff and service providers by contract?  Answer:
 
During the DDA-negotiations subsequent to the Hong Kong Ministerial Norway has signalled its readiness to improve its Mode 4 offer to incl ude Independent Professionals, Contract Service 
Suppliers, Trainees and Installers.  
 
(ii) Financial services, Regulatory framework 
Para. 116 
Which financial services are not subject to free market access and NT with respect to commercial 
presence and cross-border services suppliers in  the free trade agreement with Mexico? 
Answer:
  
The EFTA free-trade agreement with Mexico contains provisions that open up for negotiations on 
improvement of commitments with regard to trade in  services. As such negotiations are currently on-
going, we are not in a position to share details  on market access or natio nal treatment for any 
services sectors.  Banking Para. 117 
Since Norway's last Review many acts and regulations  applicable to the financial sector have been 
amended in order to ensure compliance with EC /EEA legislation. The only significant change 
regarding market access for banking was the rem oval of the residency requirement applied to 
managers and members of the board of direct ors of banks. New guidelines for measuring banks' 
capital adequacy (Basel II) and new accounting ru les were implemented. Does the new rules for 
accountability follow intern ational parameters? 
Answer:
 
Yes. New capital requirements are in line with the Basel II principles and corresponding EU/EEA-
rules. New accounting requirements are in line with  international financial reporting standards (IFRS) 
and corresponding EU/EEA-rules.  
Insurance 
Para. 130  
No restrictions are imposed on the cross-borde r supply of insurance services by EEA insurance 
companies. Non-EEA insurance companies may only  provide some services on a cross-border basis 
through an insurance broker authorized in Norway. In order to supply insurance services that are 
mandatory by Norwegian law, e.g. compulsory  motor-vehicle insurance, non-EEA insurance 
companies must be licensed and established in Norway. Which are the cross-border services that 
insurance companies from non- EEA countries can offer? WT/TPR/M/205/Add.1 
Page 64  
 
 Answer:
  
Insurance companies from non-EEA countries can offer the following cross-border insurance 
services:  * Reinsurance 
* Maritime and transport insurance  
* Aviation insurance * Insurance linked to exploration for or, the exp loitation, storage or transport through pipes of 
subterranean natural deposits  
* Credit or security when the policy holder is practising commercial or industrial activities or a 
liberal profession, and the contract applies for the activities. 
* Insurance taken out by large undertakings (more than 10 man years or more than NOK 50 
million) 
 
(iii) Telecommunications 
Para. 131 and 144  
Norway allows the resale of all types of telecommunication services, as well as the provision of 
international call-back services. Considering the l ast part of para. 131 and para. 144, which are the 
conditions or prerequisites that must be complied with  in order to provide telecom services? Is there a 
particular regime for re-sale agents?  
Answer: 
 
All providers of public telecommunication netwo rks and services are required to register with the 
Norwegian Post and Telecommunications Authority  (NPT) before commencing activities. Licenses are 
required for the provision of public telecommu nication services that involve the use of radio 
frequencies, with certain exceptions. It is, however, possible to provide telecommunications services 
without having a license to use radio frequenci es. The National Regulatory Authority (NRA) has 
imposed obligations on operators with  Significant Market Power (SMP)  to offer access to its 
network.  There is no particular regime for resale agents.  
 
(v) Professional services Para. 163 
Could Norway explain with detailed information the following quote; “(…) does not impose 
restriction on the provision of architectural or e ngineering services by foreign individuals and firms”? 
 
Answer:
 
The professional titles of for instance lawyers, ac countants and auditors are protected by law in 
Norway and authorization is required in order to s upply such services in Norway . In contrast to these 
professions, the professions of architect and engi neer are not regulated professions in Norway.  
 
EUROPEAN COMMUNITIES 
 
II. Trade policy regime: Framework and objectives,  (4) International relations, (ii) Preferential 
trade agreements, (c) Other free-trade arrangements.  
Para. 36 
The Report outlines that Norway, as an EFTA Member, is part of an expanding network of free trade 
agreements that includes more than 50 countries.  
1. Could Norway further elaborate on how it inte nds to encourage sustainable development and 
core labour standards in the context negotiations with third countries?   WT/TPR/M/205/Add.1 
 Page 65 
 
 
 Answer : 
Norway is committed to including the objective of sustainable development and the protection of the 
fundamental rights of workers in our free trade agreeme nts. These elements are normally included in 
the preamble section of the agreements. All our agreements concluded since 1993 have a reference to 
the objective of sustainable development. The follo wing is one of the most often used texts: 
"Determined to implement this Agreement with th e objective to preserve and protect the environment 
and to ensure an optimal use of natural resources in  accordance with the principle of sustainable 
development". This was incorporated in th e EFTA agreements with Croatia, Jordan, Lebanon, 
Macedonia, Morocco, Palestinan Authority and Tunisia.   
Regarding labour standards, Norway strives to in clude a reference to the protection of the 
fundamental rights of workers. In our most recent agreements, we have made  references to relevant 
ILO conventions in the text (e.g. the EFTA-C anada agreement), which reflects the emphasis the 
Norwegian government puts on this issue.   
At the EFTA Ministerial meeting in Lugano on 30 June 2008, the EFTA Ministers agreed to establish 
a working group on trade and environment on the possib ility of integrating environmental elements 
into EFTA agreements. The EFTA working group on trade and environment is assessing  the 
international development in this  area, with the aim to presen t an interim report to the EFTA 
ministerial meeting in November.  
 
(iii) Generalized System of Preferences Para. 41-45  
The report states that 140 countries are eligible, yet 57 "did not meet the scheme requirements". Could 
Norway explain why so many c ountries did not meet these requirements? Could Norway clarify 
whether they fail to formally apply, or there were more structural elements in play? 
 
Answer:
 
Implementation of the GSP scheme requires that th e eligible country provides information about 
competent authorities and impressions of stamps etc in  accordance with regulations related to rules 
of origin. When this information is not pr ovided, the GSP will not be implemented.  
 Does Norway intend to take specific measures in order to increase the effective utilisation of the 
scheme by LDCs, as the report mentions that the sch eme is only effective for 27 (out of potentially 
50) LDCs?   Answer:
 
Efforts are being undertaken in order to increase the effective utilisation of the scheme by LDCs, 
including improved information and follow-up vis-à- vis LDC authorities, as well as increased Aid for 
Trade.  
 
Could Norway provide a breakdown of LDC imports  into agricultural and manufactured goods, and 
also provide data on the value of GSP imports (as compared to total imports, if possible also broken 
down between LDCs and total imports)? 
Answer:   
Norways imports from LDCs in 2007 totalled NO K 4114 million, of which agricultural products 
amounted to NOK 266 million. Norway's imports from LDCs represented about 11 percent of all GSP 
imports and about 0,9 percent of Norway's total imports.  
 WT/TPR/M/205/Add.1 
Page 66  
 
 III. TRADE POLICIES AND PRACTICES BY MEASURE, (3) Measures Directly Affecting 
Exports Para. 69  
The report states: "while Norway does not have any export processing zones, a drawback system is in 
place and tariff concessions are available on inputs for agricultural and manufactured products that are 
subsequently exported". Could Norway  give data on the yearly volume of exports carried out under 
the drawback system? What is the share of it within  the Norwegian exports? Is this system used in 
trade with the EEA Members as well? 
 
Answer:
 
The total volume of exports carried out und er the drawback system in 2007 was NOK 314 million, 
which accounts for approx. 0,04% of Norways total exports When proofs of origin are issued under 
the free trade arrangements - EEA agreement and bila teral agreements - drawback or exemption of 
Customs duties is prohibited (with some few excep tions for products not covered by the agreement).  
 
Para. 77 Norway has a specific system under which "customs  duties can (also) be refunded on domestically 
produced goods that are substitutes for previously  imported goods if domes tic products are of the 
same kind and quality as the previously imported goods".   Could Norway give details on this specific 
system? What sorts of products are covered?  How it affects competition on the market?  
 
Answer:
 
The system in question deals with instances under an "import for re-export scheme" where the 
imported input is not available to the producer at the time of production. As an example, if a producer 
wants to import 100 tons of meat to make sausag es for re-export, the customs duties on the imported 
beef will be refunded. If, however, the imported meat  is not available to the producer at the time of 
production, the producer may use 100 tons of Norweg ian beef of the same kind and quality as the 
imported beef to make the sausages that are then  exported. The producer will still get the customs 
duties refunded on the imported 100 tons of beef when that shipment arrives.   
 As this system is used when the imported goo ds under an "import for re-export scheme" is not 
available for the producer at the time of produc tion of the processed good to be re-exported, the 
effects on competition of this system is limited. 
 The products that are covered includes: All goods ( with some exceptions) covered by chapters 1 to 23 
and headings 35.01, 35.02, 35.05 in the Norwegian Customs Tariff.  
 
IV. TRADE POLICIES BY SECTOR , (2) AGRICULTURE, (i) Features  
Para. 10 
The report mentions briefly that the various ag ricultural cooperatives are responsible for market 
regulation in the respective sectors. A footnote inform s that dairy products are regulated by Tine BA. 
The EC would like to underline that Tine BA is a key player in the Norwegian market, covering very 
high retail market shares in the segments of the dairy sector (in 2007 about 70-97 %). Could Norway 
elaborate on the different roles and duties of  Tine BA regarding market regulation? 
 Answer:
 
Tine BA has purchasing and supply obligations fr om farmers to consum ers which means that 
other dairies are supplied with raw materials from Tine BA at regulated prices. Tine BA, as market 
regulator, must distinguish between the handling of  raw milk and all other activities within the 
company. To ensure this distinction, an agreem ent was made between Tine BA and the Norwegian 
Agricultural Authority, committing Tine BA to establis h and maintain Tine Råvare ("Tine Raw Milk") 
as a separate financial and administrative divisi on. The budgets and accounts of this unit are 
controlled by the Norwegian Agricultural Authority.   WT/TPR/M/205/Add.1 
 Page 67 
 
 
  
Para. 11  
Could Norway comment on how this increased compensation to industry producing PAPs is 
compatible with the stand-still clause of  Protocol 3 of the EEA Agreement? 
 
Answer:  
Questions related to compliance with Protocol 3 of the EEA Agreement are not relevant to the TPR in 
the WTO. 
 
(ii) Border measures 
Para. 17-18  
The report describes the systems for general and indi vidual tariff reductions applied in Norway. In 
2007 approximately 3800 tariff reductions (general and individual) were granted on imports of 
agricultural products. Tariff reductions are gran ted due to increases in domestic demand.  
 
The EC would like to note that this practice incr eases both market access and the supply of food 
products . On the other hand, transparency and predicta bility of markets tend to decrease when tariffs 
fluctuate over time. To some extent, variable duti es are reintroduced through this practice. In the 
Uruguay Round, a general prohibition on variable duties was actually introduced. Could Norway 
comment on this?   
The report indicates that "individual tariff reducti ons, which may be granted to importers upon 
application to the NAA, are limited to a specified qu antity of a particular product. The intention is to 
protect products produced in Norway, as well as subs titutes, but to allow imports of products that are 
distinctly different in taste or use from domestic  agricultural products, as a supplement to domestic 
production". Could Norway explain if the intention is to protect national products, as it seems from 
the mentioned paragraph? Could Norway specify wh ich criteria are applied in order to grant the 
concerned tariff reduction and also if  equal treatment is considered?  
 Answer:
 
Both general and individual administrative tariff re ductions are based on rules set out in regulation 
provided by the Ministry of Agriculture and Fo od, of 22 December 2005 no. 1723. This regulation 
sets out certain criteria for when the Norwegian Agriculture Authorities may reduce applied tariffs. 
The purpose is to stimulate imports to meet domest ic demand. General tariff reductions are granted 
on MFN basis, and preferences granted in bilateral free trade agreements or through the GSP scheme 
are maintained. A decision on general administra tive tariff reduction is published in advance at the 
website of the NAA. The reduced tariff is valid for a determined period.  
 
In addition the regulation opens up fo r individual administrative tar iff reductions if the products are 
distinctly different in taste or use from domestic  agricultural products. The purpose is to stimulate 
imports and increase the variety of products availabl e for consumers. The permission to import based 
on individual tariff reductions is given for a determined period.   
Norway considers the system for administrative tariff reductions is distinctly different from the system 
of variable levies prohibited in the Uruguay Round.  
 Para. 19  
It is reported that Norway bound 232 tariff quotas during the Uruguay Round. However, in practice, 
tariff quotas are applied to only 24 8-digit HS headings. Most of the quotas are not administered as 
current applied tariffs, and are either equal to or  lower than the in-quota bound rate. The EC would 
like to recall that tariff quotas were agreed as a measu re to facilitate trade. Could Norway explain why 
only 10 % of the tariff quotas have been administered?’  WT/TPR/M/205/Add.1 
Page 68  
 
 Answer:
 
The in-quota rate for most current access quotas  were bound at the MFN out-of-quota level in year 
2000, consistent with Norw ay’s bound schedules. Thus, current applied tariffs are either equal to or 
lower than the in-quota bound rate for the cu rrent access quotas. Since year 2001 Norway has 
therefore only administered quotas were the in-quota rates are lower than the bound out of quota 
rate. 
 Para. 20  
The Secretariat's report notes that at the time of Norway's previous review, concerns were expressed 
about low quota fill rates and the method of allo cation through auctioning. Norway expressed the 
view that quota auctioning had certain advantag es in being equitable and non-discriminatory, 
transparent and efficient. It was also underlined that "quota allocation methods were being discussed 
in the ongoing negotiations." The EC would like to note that the use of this method is not contemplated in the last papers produced in the context of DDA agricultural negotiations. Could 
Norway share its position on this issue? 
 
Answer:
 
Norway’s position on this issue remains unchanged.  Low quota fill rates wh ere they have occurred 
are the result of market conditions and commercia l considerations by importers. Norwegian 
administration methods are not detrim ental to imports, demonstrated by variations in fill rates for the 
same product between years where administration methods have been unchange d, and variations 
between different quotas in the same year, wh ere the administration methods are identical. 
 Comments to the WTO secretariat by the EC  (4) INTERNATIONAL RELATIONS 
(6) Trade Agreements and arrangements  
Para. 29, page 18 
Paragraph 29 should be suppl emented with information also rega rding trade in processed agricultural 
goods (PAPs). In the EEA Agreement, trade regarding these products is regulated in Protocol 3. There 
has only been one round of bila teral trade liberalisation in PAPs since the entry of the EEA 
Agreement in 1994. The EC asked 2006 to resume tr ade negotiations in the PAPs sector, under the 
revision clause of Protocol 3. Iceland responded favourably, but not Norway.  
Furthermore, paragraph 29 could al so be supplemented with informa tion concerning Protocol 9 of the 
EEA Agreement. This protocol gives Norway prefer ential access to the EU market for certain fish 
products. In addition, Norway has been granted several large additional duty-free quotas in the 
fisheries sector, as part of the negotiation process for the last two enlargements of the EU/EEA. 
 ECUADOR 
 
Summary observations 
Para. 22 
Para. 22 states that the government has adopted ne w procedures for licensing and taxation in order to 
attract foreign investment. What are these new procedures? 
 Has there been an evaluation of the impact of these new procedures on attracting foreign investment? 
 Answer
: 
In order to ensure an active mapping of the pe troleum potential on the Continental Shelf, the 
Norwegian Government has since 2004 also invite d smaller oil companies to explore in mature 
areas. Rights to explore for and produce oil and gas in mature areas are awarded in dedicated  WT/TPR/M/205/Add.1 
 Page 69 
 
 
 licensing rounds every year, where relevant acre age is announced in January and the deadline for 
submitting applications are 1 October. Licensing takes place by the end of each year.  To ensure that new oil companies receive the same ta x treatment as the established ones, special rules 
have been introduced concerning lo ss carry forward with interest and payment of the tax value of 
losses. As from 2002, losses may be carried forward with interest. As from 2005, the Government will 
make annual payment of the tax value of losses asso ciated with exploration activities of companies 
recording a loss for tax purposes. The Government will also make payme nt of the tax value of losses 
upon termination of activities on the Norwegian Continental Shelf.  
 
II TRADE POLICY REGIME; FRAMEWORK AND OBJECTIVES, (4) International relations, (iii) Generalized System of Preferences Para. 41   
Which are the prerequisites that countries and territori es must comply with in order to be included in 
this preferential regime? 
 
Is there an institution in Norway that promotes cooperation and assistance to the exporters of the 
countries that are beneficiary of the GSP schem e in order to increase the imports from these 
countries?  Answer:
 
All countries on the OECD DAC list are eligible  to benefit from the GSP scheme. Before 
implementation can formally take place, it is required that the country has fulfilled the necessary 
conditions regarding notification of competent autho rities and impressions of stamps etc as provided 
for in § 29 of the regulation on rules of origin. The date of entry into force is officially published by 
the Directorate of Customs and Excise according to  domestic procedures. GSP preferential tariff 
treatment may only be obtained for products covered by a certificate of origin, which is endorsed and 
stamped by a competent authority properly notifi ed in advance by th e GSP-country concerned. 
Original prints of stamps and signatures used by the relevant authorities are deposited with the 
Directorate of Customs and Excise; www.toll.no.  DITC – the Department of international trade coop eration – is tasked with facilitating imports from 
developing countries; www.hsh-org.no.   
III. TRADE POLICIES AND PRACTICES BY MEASURE, (2) Measures directly affecting 
Imports, (i) Procedures and documentation Para. 7 
According to Para 7 importers of certain products should be regist ered. Which are the products that 
would require such registration procedure?  Answer:
 
Importers of products like firearms, firearm components and ammunition, explosive substances 
including pyrotechnical articles; medicinal pr oducts; food, animals, animal feeding products and 
certain plants; and alcoholic beverages must be regis tered in order to import such goods. For further 
details see the following links:   http://www.toll.no/templates_TAD/Article .aspx?id=120613&epslanguage=NO&parentid=66242 
 
http://www.toll.no/templates_TAD/Tolltariffe n/Publication.aspx ?id=132518&epslanguage=NO 
 WT/TPR/M/205/Add.1 
Page 70  
 
 III. TRADE POLICIES AND PRACTICES BY MEASURE, (3) Measures directly affecting 
Exports, (iii) Subsidies and fiscal concessions.  
Para. 75 
In para. 75 Norway informs that she offers ta riff concessions for imported materials used in the 
manufacturing of agricultural products designated for exports. Could Norway provide more 
information on how this system works? 
 
Answer: 
 
Norway provides tariff concessions for importe d inputs into exported agricultural and non-
agricultural markets. More inform ation about this system can be found on the Customs Authority's 
website at: 
http://www.toll.no/templates_TAD/Tolltariffe n/Publication.aspx ?id=132523&epslanguage=NO 
 
(v) Export Promotion and marketing assistance 
Para. 81 
Para 81 describes some general aspects of Inno vation Norway. Could Norway provide more 
information on the form, functioning,  financing and expertise of this institution? Does the private 
sector have a role in Innovation Norway?  Answer:
 
Innovation Norway is a 100% state owned company . The activities of Innovation Norway is financed 
by the Ministry of Trade and Industry, the Ministry  of Local Government and Regional Development, 
the Ministry of Agriculture and Food and the Ministry of Fisheries and Coastal Affairs. Further details can be found at  www.innovasjonnorge.no 
 IV Trade Policies by Sector, (2) Agriculture, (i) Features 
Para. 11  
Para 11 describes that one of the principal legal instruments that regulates the farming and livestock 
sector in Norway is the Main Agreement. How is  the negotiation process between the two agriculture 
organisations and the government? Is it taken into  consideration that an agreement might not be 
reached? 
 
Answer:
 
Negotiations takes place on the basis of requests fr om the two agricultural organisations and an offer 
from the Government. If an agreement is reach ed, the Government prese nts the result to the 
Parliament (Storting) for approval. If no agreem ent is reached, the Government submits its own 
proposal to the Parliament. In both cases the decision of the Parliament is binding for all parties. 
 
Para. 12  
Para 12 states that there has b een a strong focus on organic agriculture recent years, and that the 
funding provided by the National Environmental Programme (from 2004) has increased. Are there particular projects or programmes in place to promote organic farming? How does the funding 
mechanism in the National Environmental Programme work?   
Answer: 
 
One of the goals of the National Environmental Pr ogramme in the agricultural sector is to increase 
organic farming. The Government has a goal of 15 % organic production and consumption by 2015.  
Important measures in the programme are: 
 
• Support to increase organic production in the prim ary sector with a focus on a parallel 
expansion of both produc tion and consumption 
• Information directed at the consumer about organic agriculture  
• Education and research  WT/TPR/M/205/Add.1 
 Page 71 
 
 
  
Measures to promote organic farming are finan ced through the Agricultural Agreement.  The 
allocations to organic farming through this agreement are increasi ng year by year. Most of the 
available funds are allocated to individual farmers  on the basis of applications to the Norwegian 
Agricultural Authority.   
 
HONG KONG, CHINA 
 
Rules of Origin  
While Norway does not use non-preferential rules of or igin for imports, we note that a new set of non-
preferential rules of origin is included in th e new Customs Commodities and Procedures Act. We 
would like to know more about this new set of rules, in particular its coverage and usage.  
Answer:   
A set of non-preferential rules of origin being part of  the new Customs Act to be implemented as from 
1 January 2009, is replacing the previous rules. Th e new rules however do not differ much from the 
old ones, but they are more precise in outlining the various provisions  on “wholly obtained” products 
as well as the rules for “substantial transfo rmation” in cases where more than one country is 
involved. The new rules are very si milar to the rules of the Europe an Union. However, for the time 
being there are no product specific rules elaborated. The rules are to be applied wherever there is a 
need to define a country of origin upon importation or exportation of goods into or out of Norway. 
The new Customs Act, including the non-preferential rul es of origin (to be found in paragraph 8-6), is 
going to be published in an English version during the month of December 2008 at: www.toll.no  
 
MFN exemptions  
As reflected in the Secretariat Report as well as Norway’s GATS schedule, Norway currently 
maintains eight MFN exemptions, and all are of indefinite intended dura tion. Annex on Article II 
Exemptions to the GATS requires that all MFN exemptions maintained by Members should be 
reviewed from time to time and be in prin ciple not more than 10 years in duration . Would Norway 
seriously consider removing the exemptions or settin g down a specific expiry date for the exemptions 
in its next offer? 
 
Answer:  
Norway has taken no commitments, nor submitted an y offer in audiovisual services (CPC961). We 
have presently 4 MFN exemptions in this sector rel ating to broadcasting in Europe; co-production 
agreements for motion picture and video production;  production and distribution of cinematographic 
works and TV-programmes in the Nordic Countries;  and cinema and TV-production and distribution 
in Europe. Our current position is that we need  to maintain these exemptions. The remaining MFN 
exemptions mainly relate to Nord ic co-operation schemes aimed at  promoting Nordic cooperation. 
They are deemed necessary al so in the foreseeable future.  
 
Financial services  
As set out in the Secretariat Report, there are no sp ecific restrictions on forei gn ownership of financial 
institutions in general, but bo th national and foreign private investors require permission from 
Kredittilsynet for ownership reaching or exceedi ng the thresholds of 10% , 20%, 25%, 33%, and 50%. 
Compared with the relevant inscriptions for “Insurance and Insurance-Related Services” and 
“Banking and Other Financial Services” in Norway ’s GATS schedule, the actual shareholding ceiling 
in place that a financial institution may, subject to  approval, acquire and hol d (viz 50%) seems to be 
much higher than what has been in scribed in the schedule (viz 25%).  Does Norway have any plan to 
align its commitments with its de facto more liberal  regime in its next offer so as to enhance legal 
certainty of its regime? 
 WT/TPR/M/205/Add.1 
Page 72  
 
 Answer:
 
This is subject to the outcome of the ongoing negotiations. 
 
Transport Services  
We understand from the Secretariat Report that ships may be registered in Norway in either an 
international register (NIS) or ordinary register (NOR). While the latter is  only open to EEA national 
or companies, foreign shipping companies may register  their vessels in NIS provided that they meet 
certain nationality requirements. We would be inter ested to know the difference of treatment between 
ships under the two registers with respect to their conditions to market access and national treatment 
in Norway. 
 
Answer:  
Ships registered in the NOR register may trans port goods and services between ports in Norway.  
Ships registered in the NIS register are not allowe d to do such transportation, but exemptions may be 
granted.  With respect to international maritime trans port to and from Norwegian harbors, there is no 
difference of treatment between ships under the two registers.  
 
According to the Secretariat Report, non-EEA nationa ls may not register a ship in the NOR. However, 
nationality requirements may be waived in certain cases by the Ministry of Trade and Industry.  
Would Norway advise on the criteria and procedures fo r obtaining the waiver and success rate of past 
applications? 
 
Answer:  
The Ministry of Trade and Industry may grant wai vers from the nationality requirement on a case by 
case basis.  An important criterion will be the applicant’s link (economic and other) to Norway. A 
substantial part of applications have been approved.  
 
JAPAN 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE (2) MEASURES AFFECTING PRODUCTION AND TRADE (vi) Intellectual property rights 
Para. 153  
(1) Please explain any specific rule for protection of contents on the digitalized broadcasting.  
 
(2) If it is the case, please provide the outline of such a rule (For instance, in what ground such a rule 
has been established, what kind of measure is to sec ure this rule, and the details of establishing this 
rule). It would be appreciated if Norway provides specific information on such a rule, if possible, at 
national and private levels, at terrestrial and sat ellite broadcasting levels, and at pay and free TV, 
respectively.   
Answer: 
 
The Norwegian Copyright Act does not contain specific rules on the protection of content in 
digitalized broadcasting as such. However, the genera l rules on the protection of copyrighted content 
will apply: The Act protects the content of inter alia authors (Copyright Act section 2), performers 
(Copyright Act sections 42 and 45b) and produ cers (Copyright Act sections 45 and 45b). The 
protection in the Copyright Act is media neutra l, and its rules will apply when content is being 
broadcasted – by both analogue and di gital means. In addition, the protection of the signal right of 
the broadcasting organizations (Copyright Ac t section 45a) covers both digital and analogue 
broadcasting. The Copyright Act can be found at (Norwegian only):  http://www.lovdata.no/all/hl-
19610512-002.html  
  WT/TPR/M/205/Add.1 
 Page 73 
 
 
 Para. 153 
According to the Secretariat report, copyright ma terials may only be downlo aded from the Internet 
with the right holder’s prior approval. Please elaborat e on this explanation, particular in light of 
specific procedure with right holders and the relation with private use. 
 Answer: 
 
The Norwegian Copyright Act includes an exception on private copying allowing single copies of a 
work to be made for private use. However, su ch copies cannot be made on the basis of a 
representation of the work in conflict with the right holder's exclusive rights (for  instance the right of 
making the work available to the pub lic, including on the Internet).  
 
Para. 153 
The Secretariat report explains, ‘in order to compen sate right holders for all legal private copying, 
Norway officially determines an annual compensation grant allocated to EEA right holders only.  In 
2007, Norway paid NOK 34.8 million out of its nati onal budget in compensation to affected right 
holders’. Please explain why and how Norway has decided an annual compensation grant from its 
national budget.  
Could Norway indicate any other support such as o fficial funds aimed at promoting content industry? 
If it is the case, please explain the outline of such f unds (For instance, in what ground such funds have 
been established, how to raise such a fund, how to use them). 
 
Answer: 
 
The Norwegian government allocates a grant to th e rights holder organisation Norwaco, to fulfil our 
obligation to offer ”fair compensa tion” (according to the 2001/29/EC Copyright Directive) to rights 
holders for legal private copying. The structure of this remuneration system is based on cultural 
policy considerations by the Norwegian government  and the Norwegian parliament (Stortinget). No 
other official funds exist in the IPR area.  For additional information regarding the Norwegian 
government’s grants relating to cultural and media policy, please see the proposed budget for 2009 
(Norwegian only):  
http://www.regjeringen.no/pages/2113349/ PDFS/STP200820090001KKDDDDPDFS.pdf 
 IV. TRADE POLICIES BY SECTOR, (7) SERVICES Telecommunications 
Para. 131 The Secretariat report explains, ‘Operators do not  need a permit to start operations unless specific 
frequencies are involved.’ Please elaborate on the ‘specific frequencies’.   Answer:
 
Provisions of services that involve the use of radio frequencies require a licence to use such 
frequencies. 
 Para. 134 and 139 
According to the Secretariat report, Norway's principal telecommunication operator, Telenor, is 
controlled by the State, which holds 54% of its shar es. There are no restrictions on the participation of 
foreign investors in Norway's telecommunication sector. Please clarify the reason why the 
government hold majority of Telenor’s shares, together with any plan to release its holding shares to the market.   Answer:
 
The State holds 53, 97 % of the s hares in Telenor. The main objective of state ownership of Telenor is 
to contribute to good, long-term industrial developmen t of the company. Telenor is a key company in WT/TPR/M/205/Add.1 
Page 74  
 
 relation to the further development of Norwegi an ICT expertise and employment. The Government is 
concerned with ensuring that further technologica l and industrial development of the company takes 
place in Norway. The Government wishes to en sure a national ownership base and that company 
head office functions remain here. The Government will maintain the state´s ownership interest in 
Telenor ASA.  
 
Para. 136 
The Secretariat report states that Norway’s GATS Sc hedule of Commitments cove rs virtually all basic 
and value-added services. Japan would like to cl arify the reason why satellite telecommunications 
services have not been covered yet in Norway’s services commitments in GATS.  
Answer:
 
There are no particular restrictions on satellite telecommunications services in Norway (excluding 
broadcasting) and the authorities are reviewing how and to what extent this could be reflected in 
Norway’s future GATS-schedule . 
 
Para. 138 
Electronics Communications Act No. 83 of 4 July 2003, Norway's main legislation for the 
telecommunication sector, was amended in December 2007.  The new rules grant the NPT the authority to supervise price development in intern ational roaming services, in order to ensure that 
mobile phone calls made or received in any EEA  country are subject to maximum pricing.  
 
Please explain the role of the NPT in the case of  a contract between Japanese mobile carrier and 
Norway’s mobile carrier, in other words, how the NPT is engaged in this process as an authority.  
 Please elaborate on the maximum pricing policy regarding international roaming services as well as 
explain the rationale on this price policy. 
 Answer:
 
Regarding international roaming, Norway would like to emphasise that the regulation only applies to 
EEA-countries and not in the case of a contract between Japan and Norway.   
Regarding an explanation of the pricing and the rationale for the regulation, Norway refers to 
Regulation no 717/2007 of the European Parliame nt and of the Council of 27 June 2007 on roaming 
on public mobile telephone networks within th e Community and amending Directive 2002/21/EC.  
 MEXICO 
 
III TRADE POLICIES AND PRACTICES BY MEASURE, (3) Measures Directly Affecting 
Exports, (v) Export promot ion and marketing assistance 
Para. 81  
According to para. 81, Innovation Norway, a government agency, works to promote 
internationalization of enterprises, such as export of goods and services and tourist promotion abroad. 
How does IN’s funding fo r these areas work?   
 Answer:
 
Through its programs, Innovation Norway promotes internationaliza tion of enterprises by using its 
main services within financing, expertise, consult ancy, networks and profili ng. Innovation Norway’s 
financial services consist of loans, collaterals, gr ants and private equity. In addition, Innovation 
Norway has offices in more than 30 countries worldwide, providing a wider range of services and network for Norwegian enterprises. Financing is in  compliance with the EEA rules for state aid, 
including state aid rules for SMB.  The activities of Innovation Norway is financed by the Ministry of 
Trade and Industry, the Ministry of Local Government and Regional Development, the Ministry of  WT/TPR/M/205/Add.1 
 Page 75 
 
 
 Agriculture and Food and the Ministry of Fisheries and Coastal Affairs. Further details can be found 
at www.innovasjonnorge.no. 
 
IV TRADE POLICIES BY SECTOR, (7) Services, (i) Main features 
Para. 102 and 103  
It is referred to in para. 102 that the average annual increase in the export of services was almost 18 % 
during 2004-07, and that the import of services increased approx. 15 %. Please indicate which are the main service sectors imported by Norway. In para. 10 3 it is indicated that postal services, audiovisual, 
social and health services are important exemptions in Norway’s specific commitments. In this regard, 
Mexico would like to know if Norway plans to redu ce the access limitations to the audiovisual service 
market. 
 
Answer:
 
In 2007 the main sectors of imported services are tourism (approx. 41% of total services imports), 
maritime transport (approx. 20%) , financial and business services (approx. 20%), and oil related 
services (approx. 7%).  
Norway has taken no GATS commitments, nor submitted any offer in audiovisual services 
(CPC961), and has no plans to do so.  (ii) Financial services, Banking 
Para. 119  
According to para. 119, specific restrictions ar e not imposed on foreign property of financial 
institutions in general or banks in  particular. Nevertheless, private investors, both national and foreign 
need the authorization from the Financial Superv isory Authority of Norway (Kredittilsynet) for 
participation amounting to or exceed ing levels 19, 20, 25, 33 and 50 %. Mexico would like to know 
the requirements for achieving the authorization of Kredittilsynet for private investors.   
 
Answer:
  
Authorisation is subject to an assessment of fitness and propriety, the requirements for which are set 
out in the Financial Institutions Act:  
The King (delegated to the Ministry of Finance) may authorise the acquisition of holdings in a 
financial institution provided the acquirer is fit to exercise such influence on the financial institution 
as the overall holding computed in accordance with section 2-2 will provide a basis for (the 
mentioned ownership thresholds). Where the acquis ition applied for will give the acquirer a holding 
equal to or exceeding 25 per cent, authorisation shall be refused if the King (delegated to the Ministry 
of Finance) is not convinced that the considerati ons mentioned in the second paragraph indicate that 
the acquisition should be completed.  In addition, the King (the Ministry of Finance) shall in such 
cases be convinced that the acquisition will not have undesirable effects on the functioning of the 
capital and credit markets. Conditions ma y be attached to the authorisation. 
 When assessing whether or not to give authorisation,  the King (delegated to the Ministry of Finance) 
shall attach special importance to whether: 
a) the acquirer is regarded as a fit and prop er owner based on previous conduct in business 
relationships, available financial resources and consideration for due and proper business activity, b) the acquirer will be able to use his influence in the institution to achieve advantages for his 
own or affiliated activity, or indirectly e xert influence on other commercial activity, 
c) the acquisition is commensurate with the aim of a financial market based on competition 
between mutually independent institutions, or is  likely to impair the in stitution's independence 
in relation to other commercial interests, WT/TPR/M/205/Add.1 
Page 76  
 
 d) the ownership structure of the instituti on after the acquisition will impede effective 
supervision of the institution.  
 (ii) Financial services, Insurance Para. 129 
According to para. 129, insurance company branch  offices from countries outside the EEA have to 
comply with the same requirements imposed on bank branch offices from EEA non-member countries, i.e. you may only obtain an authorization for an insurance company that is authorized to perform equivalent activities in its country of origin, and subject to the cautious supervision of this 
country. In addition, the supervisory authority of  the country of origin must have established 
satisfactory collaboration with Kredittilsynet . Kindly provide more details about what a satisfactory 
collaboration with Kredittilsynet should entail.  Answer:
  
Kredittilsynet and the host state financial supervisory authority should enter into a Memorandum of 
Understanding covering i.e. information sharing (early warning etc) and collaboration on the 
exercise of supervisory powers. 
 
(iii) Telecommunications 
Para. 139  
According to para. 139 all network and public teleco mmunication providers need to register with the 
Norwegian Post and Telecommunication Authority of  Norway before initiating its activities.  The 
provision of public telecommunication services requires a licence, which implies the use of radio frequencies, with certain exceptions. Mexico would li ke to know the requirements needed to obtain a 
license, and what the exceptions referred to are.  
 
Answer:
 
If there are available frequencies it is possible to apply for a spectrum license. Other interested 
parties shall be invited to apply for the ava ilable spectrum licences. In connection with the 
advertisement of a limited number of spectrum licences,  the selection criteria shall be objective, 
transparent, non-discriminatory and proportionate. It is possible to provide public 
telecommunications services by entering a reselling contract with a provider which has its own 
network.   
(iv) Maritime transport, Regulatory Framework 
Para. 160  
According to Para. 160 the Norwegian Internati onal Ship Register, created in 1987, aims at 
maintaining the national merchant fleet under the Norwegian flag by offering less restrictive 
conditions, such as allowing employment by foreign sailors and the application of special salary and 
working arrangements on board. Mexico would like to  know more about restri ctions for employment 
of foreign sailors and salary and working conditions on the vessels.   
 Answer:
  
Employment of foreign seafarers is allowed on NIS reg istered vessels. The captain must however be a 
Norwegian or EEA national, but waivers may be granted by the Maritime Directorate. The 
employment of foreign seafarers is regulated thr ough the NIS Act and Seafarers Act. The NIS Act 
allows employment of foreign seafarers on local/resi dency conditions. The NIS Act prescribe that the 
terms are to be fixed in collective wage agreements  concluded by Norwegian or foreign trade unions.   
 
(v) Professional services, (a) Engin eering and architectural services. 
Para. 167  
According to para. 167, architect and engineer ing professions are not legally protected, and 
consequently, no license is required to practice. An y person, of Norwegian nationality or foreign may  WT/TPR/M/205/Add.1 
 Page 77 
 
 
 practice these professions on the condition that they hold a residential permit in Norway. In this 
respect, Mexico would like to know the requireme nts for acquiring a residential permit in Norway.  
 Answer: 
 
In order to work in Norway most foreign citizens need a work permit.  This permit will give the person 
both the right to work and to reside in Norway. Norwegian authorities have made it easier for skilled 
foreign workers to work in Norway. There are several types of work permits.  General regulations for 
work permits and residence regarding skilled workers /specialists, like architects and engineers who 
are third country nationals, can be found at: http://www.udi.no/templates/Tema.aspx?id=9352. 
 
(vi) Air transport Para. 181  
In para. 181, it is mentioned that the air service bilateral agreements signed by Norway since the 
1990s have become more liberal compared to previous  ones. In addition, it is mentioned that a major 
part of the airports belong to a government enterpri se and managed by this entity, but that there is a 
strong private participation, including foreign, in the provision of air transport related services, and 
that there are hardly any legal barriers in the provision of these services . Mexico would like to know if 
a bilateral air service agreement is required in  order to provide services in this sector.  
 Answer:
 
There are few legal barriers for foreign participation in the provision of services related to air 
transport. In consequence, one does not need to en ter into a bilateral Air Services Agreement with 
Norway in order for foreign companies to partici pate in the provision of services related to air 
transport in Norway. 
 
Market access 
 
(10) It is estimated that the support to the agri culture is the second highest of the OECD countries. 
The import of products is only made when na tional production cannot sa tisfy national demand . Is 
there any project in order to lower the s upport to agriculture in the near future?  
 
Answer:  
Norway regards the assistance provided to agric ultural production as instrumental in achieving 
national policy objectives, including rural em ployment, food security and environmental 
sustainability. Norway is committed to the mandate of the Doha Development Agenda.  
(11) During the period of the examination, Norway  has put into practice a combination of market 
mechanisms for managing the fisheries sector and th ey have reduced their subsidies.  Will these 
reductions continue to be lowered, and if that is the case, to which level? 
 Answer: 
 
It is an objective for Norway to improve the profit ability of the fisheries sector and adapt the fleet to 
the available natural resources. This is essential to maintain sustainable harvesting of fisheries 
resources. Norway’s structur al instruments for capacity reduction consist partly of a 
decommissioning system and partly of a structur al quota system for different vessel groups.  
 Capacity reduction is not an objective per se, but n ecessary in order to rea ch other objectives, like 
facilitating sustainable productivity growth and efficiency, achieving better profitability and improve 
utilization of the current fleet capacity.  
 Furthermore, reductions in the number of par ticipating vessels create opportunities for improved 
profitability for those vessels that remain. This is the core aim of the capacity reduction system. 
Because of increased efficiency and profitability in th e fisheries sector, reduce the need for fishermen WT/TPR/M/205/Add.1 
Page 78  
 
 to demand subsidies from the government. Capacity adjustment is a continuous process, and with the 
right set of incentives the industry is better suite d to adapt without government financial transfers. 
 Eliminating subsidies that are detrimental to o vercapacity and over-fishing is a priority for Norway. 
Over the last decades Norway has continuously redu ced and removed subsidies to the fisheries sector 
and will continue to evaluate remaining schemes.   
(12) During the examination of Norway, Norway  has not notified any changes to their import 
licensing regime. In which legislation are th e licensing rules for alcoholic beverages and 
pharmaceutical products? 
 
Answer:
  
Norway’s latest notification on import licen sing was submitted on 1 October 2008, see document 
G/LIC/N/3/NOR/3.  
Regulation of 2 November 2004 no 1441 relating to manufacturing and import of medicinal products, 
regulates the licensing of medicinal products. Act no. 27 of 2 June 1989 on the sale of alcoholic 
beverages, regulates the licensing of alcoholic b everages.  The main provision is section 2-1. 
Additionally there are some provisions laid down in Regulation no. 1451 of 11 December 2001 
section 5-5 on special duties.   
(13) Norway provides tariff concessions for importe d inputs into exported agricultural and non-
agricultural products. A system of inward processi ng allows manufacturers to clear imports through 
customs and undertake processing at their own pr emises, while a customs warehousing (processing 
warehouse) system operates in a similar way to a free trade zone:  processing is undertaken at customs warehouses, whereby it is not necessary for imports to  clear customs. How does Norway administrate 
these tariff conditions and which legal in struments are used in this regard? 
 Answer:
 
The legal instrument used to administrate these ta riff concessions is the introductory regulations to 
the customs tariff.  These tariff conditions are administered by the Customs Authority under the 
provisions of § 14 of these regulations.  These provisions can be found at:  
http://www.toll.no/templates_TAD/Tolltariffe n/Publication.aspx?i d=132523&epslanguage=NO. 
 
(14) The inward processing system allows for re duction or suspension of customs duties on condition 
that the processed goods are exported.  Agricultu ral goods must be exported within a time-limit 
specified for each applicant, and importers mu st obtain an authorization from the Norwegian 
Agricultural Authority before importing the inputs.  Permission may be subject to payment of a 
deposit.  No authorization is required for manufactur ed products and exports must take place within 
one year.  How does Norway make sure that this is not a performance requisite that affects other 
WTO members?  
Answer:  
The inward processing system allows for free im port of raw materials used in processed products, 
from all WTO members, provided that the same volu me of raw materials are exported in the form of 
processed agricultural products.  The system is thus non-discriminatory between WTO-members.  
 
(15) Under the customs warehousing system, custom s duties on goods imported for the production of 
exports can be refunded if export takes place within  two years. Customs duties can also be refunded 
on domestically produced goods that are substitutes for previous ly imported goods if domestic 
products are of the same kind and quality as the pr eviously imported goods (export for import).  Is 
there any other type of export support system diffe rent from the one described in para. 81 in the WTO 
Secretariat report (e.g. requisites of national content for exports)?  
  WT/TPR/M/205/Add.1 
 Page 79 
 
 
 Answer:  
When products are entered into a processing wareh ouse (customs warehouse, type D), no duties or 
excises are collected.  There is no limit for the period a product maybe stored in a customs 
warehouse.  Products that on an earlier stage have been imported into Norway have to be entered 
into the customs warehouse within two years after the importation if it should be granted drawback.  
However, after it has been entered  into the customs warehouse, there is no time limit.  Norway has no 
systems for drawback of customs duties other than those specified.  Various questions 
 (16) In para. 94 it is mentioned that "The Compe tition Authority, under the Ministry of Government 
Administration and Reform, shares the competition policy supervisory responsibilities with sectoral 
regulatory authorities in areas such as the financia l and telecommunication sectors.  Which specific 
functions do they share?  
 
Answer: 
 
In the telecom sector, the sector regulator is respons ible for regulations that are harmonised with the 
EU telecoms regulations. This implies, among ot hers, ex ante regulations on the behaviour of 
companies with strong market power. Such issues can also fall under rules on dominant positions in 
the competition legislation. A cooperation agreem ent between the respective regulatory bodies has 
been drawn up with a view to efficient handling of  cases. In the financial sector, the sector regulator 
has, inter alia, responsibility for structural control un der sector specific policies.  Such cases will also 
be handled as part of the ordinary merger  control by the competition authorities. 
 
(17) In para. 97 The Competition Act is described, a nd the para. describes that the Act applies to all 
sectors, including state-owned enterprises.  Howeve r, on certain conditions it exempts agriculture, 
fisheries, and forestry from the rules against pr ice-fixing and market-sha ring arrangements between 
undertakings, as well as misuse of dominant position.   Under which conditions is agriculture, fisheries 
and forestry exempted from the provisions previously mentioned?  Answer: 
 
Under section 3 of the Competition Act The King in Council shall in regulation provide for the 
exemptions from Sections 10 and 11 that are necessary to implement agriculture and fisheries 
policies. The specific conditions are set out in th e secondary legislation mentio ned in footnote 86 in 
the report from the secretariat. Generally, for an ac tion to be covered by the exemption it must follow 
from sector legislation regulating production or sales, or from sector agreements between central 
government and the organisations of farmers or fishermen, i.e. market regulation for primary 
agricultural or fishery products. 
 
(18) Para 99 argues that “According to an assessment commissioned by the Government, the 
Competition Authority's enforcement efforts have pr obably resulted in an overall positive effect for 
the economy”.  How was the positive effect measured and which elements is the “probability” related 
to?  
Answer:
 
In 2007 The Norwegian Ministry of Government Administration and Reform commissioned 
Copenhagen Economics (CE) to prepare a report on economic effects due to the Norwegian 
Competition Authority’s interventions against mergers, abuses of dominant position and illegal 
cartels. The report presents today’s best prac tices when it comes to assessing competition policy 
effects using impact indicators such as price i ndices together with statistical methods, surveys, and 
other qualitative methods. CE differentiates between direct and indirect effects. Several international 
studies that are thoroughly summarized indicate that actions against anticompetitive mergers have 
led to lower prices in the magnitude of up to  10 percent, cartels up to 30 percent, and abuse of WT/TPR/M/205/Add.1 
Page 80  
 
 dominant positions up to 1 percent. However, enforcement  actions also results in deterrence effects as 
well as spillovers. CE illustrates that these indirect effects that are very har d to assess empirically, 
may very well constitute the better part of the Comp etition Authority’s overall existence value.  The 
summary report from CE (in English) may be found at:  http://www.regjeringen.no/upload/FAD/Vedlegg/Ko nkurransepolitikk/RD_competition_enforcement.p
df  
(19) Para 100 states that the “authorities note that decisions taken by the King in Council, which do not have to be based on competitive grounds, can only be taken in cases of major significance and are, 
therefore, expected to be infrequent ”. What kinds of cases are considered as of great importance?  
 
Answer: 
 
The rule in question is meant to be flexible, and to  give room for political control. At the same time 
the fact that decisions has to be made by the King in Council, and that the case must be of principal 
interest or of major significance to soci ety indicates a high threshold for its use.   
 (20) Para 102 reads “(…) In addition, the compe tition authorities of Norway, Denmark, Iceland, and 
Sweden have signed an agreement on exchange of confidential competition-related information, to 
facilitate the identification of cartels and merger  enquiries”.  Does this agreement consider the 
previous consent of persons that wrote such conf idential information, for thereafter carrying out the 
exchange of information between the competent authorities?   
 
Answer:
 
The Agreement between competition authorities in Denmark, Iceland, Sweden and Norway (the 
Agreement) does not require consent from persons/ undertakings giving confidential information to 
one of these competition authorities, in order for the exchange of such information between the 
mentioned authorities.  However it is a requirem ent according to the Agreement that the receiving 
competition authority apply the same level of prof essional secrecy as the competition authority that 
hands over the information.  
 
(21) Para 103 reads as follows, “(…) Norway impo ses price controls on medicines (…)”. What is the 
reasoning for only regulating medicines under prescrip tion? What is the reasoning for regulating the 
prices of a generic medicine?  
 Answer: 
 
Medicines under prescription a re generally reimbursed, which means that there is no real 
competition on retail prices. This is the reasoning fo r price controls, including on generic medicines. 
Medicines that are not under prescription are gen erally not reimbursed, and the retail prices are set 
by the market.   
 NEW ZEALAND 
 
Tariffs 
At the time of the last review, New Zealand ques tioned Norway’s remaining non-ad valorem duties, at 
10.3% in 2004. According to the Secretariat’s re port, these have risen slightly to 10.7% in 2008 
(WT/TPR/S/205, Page 29 – Table III.1), and are larg ely present in the agricultural sector. Regardless 
of any outcome of the Doha negotiations, does Norw ay intend to move more tariffs towards ad 
valorem duties, and if so, when? 
 
Answer:
 
On the issue of moving to ad valorem tariffs, Norw ay decides on an annual basis the form of tariff 
applied for each tariff line.  
  WT/TPR/M/205/Add.1 
 Page 81 
 
 
 Generalised system of preferences 
Norway has shown a strong commitment to assisting developing countries, through a variety of 
mechanisms. However, we note that certain agri culture products considered sensitive by Norway 
(certain types of meat, milk, grain, vegetables, and fruits) continue to be carved out of policies 
extending duty and quota free access to additio nal least developed countries (WT/TPR/S/205, 
Page 78).  Has Norway given thou ght to expanding its policy in or der to assist these countries through 
export-led growth?   Answer:
 
Norway grants duty and quota free access to all  products from least developed countries and 14 low-
income countries. There is no “carve out” for “sensitive products” in the DFQF-scheme.  
 
Services 
Despite Norway’s recent commitments on market access and national treatment in relation to services, 
there remain significant restrictions on the provision of specific professional services – particularly 
legal, accounting, and auditing services (WT/TPR/S/205, Page 99).  What measures are being 
considered or undertaken to reduce th ese restrictions, and if none, why not? 
 Answer:
 
Norway is not currently considering undertaking any  measures to reduce restrictions on accounting- 
and auditing services.  
 
Directive 2006/43/EC regulates the authorisation of auditors within the EEA.  In accordance with 
directive 2006/43/EC article 6, a person may be aut horised to carry out a statutory audit only after 
having attained university entrance or equivalent level, then completed a course of theoretical 
instruction, undergone practical  training and passed an examination of professional competence of 
university final or equivalent examination level , organised or recognised by the Member State 
concerned. The Norwegian legislation is in a ccordance with the above mentioned directive. 
 The motivation behind a system of authorisation of ext ernal accountants is to protect the users of 
accountant services. The system of authorisation of external accountants ensures that the profession 
has a minimum level of qualifications. 
 
Agriculture – Domestic Support 
Norway’s support is heavily focussed on trade dist orting policies – with AMS and blue box together 
representing over 80% of total e xpenditure in 2004, according to  Norway’s WTO notifications. 
Norway notes (WT/TPR/G/205, Page 11), it is prepared  to accept changes that will require the reform 
of its agriculture sector. Given that the WTO negotia tions have still not been completed, does Norway 
have any plans to unilaterally re form its agriculture sector?  
 Answer:
 
Norway regards assistance provided to agricultu ral production as instrumental in achieving key 
national policy objectives, including rural em ployment, food security and environmental 
sustainability. Norway is committed to the mandate of the Doha Development Agenda. 
 Agriculture - Border Protection 
As stated in the Secretariat report, domestic agricu ltural production is heavily protected, in some cases 
with applied tariffs as high as 555% (WT/TPR/S/ 205, Page 66). Why does Norway see the need to 
continue such dramatically high applied tariffs? 
 Answer: 
 
Tariffs are important in order to achieve the objec tive of maintaining a viabl e agricultural sector in 
Norway.  WT/TPR/M/205/Add.1 
Page 82  
 
  
Agriculture - Export subsidies 
New Zealand notes that in response to our questi ons during the 2004 review, Norway accepted that 
negotiations for the Doha Development Agenda woul d lead to an end date for the elimination of 
export subsidies.  The Secretariat’s latest re port notes that export subsidies remain in place 
(WT/TPR/S/205, Pages 66 and 75).  Is Norway considering implementing policy changes to set an 
end date for all forms of export subsidies?   Answer:
 
Norway is committed to the elimination of expor t subsidies in accordance with the Hong Kong 
ministerial declaration.   
PERU 
 
III Trade Policies and Practices by Measure, (1) Overview 
What are the time limits for applying inward processing? Is the scheme for export finance – and 
guarantees given on the basis of productive sector or the level of business? What is the percentage for 
refund of taxes, and on what basis is the am ount spent/applied? (See also WT/TRP/S205-03, 
paragraph 3). What are the benefits of the arrangements with customs warehouses? 
 
Answer
: 
The time limit for applying inward processing is det ermined by the rule that re-exportation of the 
processed product has to take place within one year (six months for agricultural products). National 
regulation on this subject is ba sed on the revised Kyoto Convention. 
 The schemes for export finance and guarantees apply fo r all sectors.  The amount of officially 
supported export financing does not have a specified limit. The export guarantees are limited by the 
annual resolutions on guarantee capacity by  the Parliament (Stortinget). 
 Regarding the question relating to para 3 in th e introductory part of the Chapter on “Trade Policies 
and practices by measure”, we have the understanding that it relates to the drawback scheme.  The percentage for refund of customs duties in conjunction w ith this scheme is almost zero.  The system is 
still available for operators, but after the introductio n of the system referred to in paragraphs 75 to 
77 (like the processing warehouse) of the same Chapter,  the use of the scheme has almost ceased, as 
the other systems are more favour able to the operator.  However, if the drawback system is applied, 
the basis for the calculation is the actual value or  specific unit (kg, item etc) of the imported goods 
being used in the production of the exported product. 
 
The advantage of arrangements with customs ware houses is that products processed in a warehouse 
can be processed without paying duties and excises, and without any time-limits.  (2) Measures directly affecting import s, (i) Procedures and Documentation 
Para. 6 
Is the new law on goods and tax proce dures (2007), to be found on the web? 
 Answer:
 
The new Customs Act will enter into force on 1. J anuary 2009. The full text (in Norwegian) is 
available through the public law database; www.lov data.no. An English translation will be available 
through the Directorate of Customs and Excise at www.toll.no as of December 2008.   
Para. 11 
Please explain the initiative to facilitate customs clearance with Sweden for persons using minor 
roads.  WT/TPR/M/205/Add.1 
 Page 83 
 
 
  
Answer:  
There are three relevant procedures: 
 1) Special Transportation Permits under the framewo rk of the Customs Border Co-operation between 
Sweden and Norway, applicable to trans ports of goods originating close to the border.  The permit is 
given only in situations where crossing the border where customs offices are located or during 
business hours causes a considerable detour or unrea sonable economic or environmental costs.  The 
permit is given under the condition that the trans ports takes place regularly, at designated border 
crossing places and that a pre-arrival notification is sen t.  The goods must also be declared to the 
customs prior to the actual border crossing 
 2) The Non-stop Pilot Project. A Swedish-Norwegian co-operation project, still being in a pilot phase, 
where transports across the border may pass at desi gnated border-offices without actually reporting 
to that office.  The border crossing notice is aut omatically given by GSM-mobile technology and a 
pre-arrival notice is sent by using Internet. 
 3) Private persons not carrying goods liable to customs duties or taxes or liable to any other 
restrictions, may pass freely across the border to Sweden under the framework of The Customs 
Border Co-operation between Sweden and Norway. 
 
(ii) Customs valuation Para. 14 and 15 
Does Norway not have intentions to apply the proced ures of pre-decision instead of explaining to the 
importer in what way the customs valuation is decided?  
Answer:
 
Norway has no immediate plans to offer importers advance decisions (rulings) within the field of 
customs valuation. A decision concerning the custom s valuation of products is normally to be taken 
(decided) at the time of importation (Custo ms clearance) of the products concerned. 
 
SWITZERLAND 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE, (2) Measures Directly Affecting Imports, (iv) Tariffs, (c) Tariff preferences, Para. 31 
According to para. 31, preferences granted for pr ocessed foods sometimes take the form of matrix 
tariffs. Could Norway specify how, on which basi s and for which products are these matrix tariffs 
calculated?  Answer:
 
The matrix system is based on the following raw mat erials: Milk fat, milk protein, flour/groats, 
starch/glucose, meat, cheese, eggs  and berries. To be able to import based on matrix tariffs, the 
importer has to send a declaration to the Norw egian Agriculture Authority (www.slf.dep.no) and 
provide information about the use of raw material s. Norway grants the same  preferences to the EU, 
EFTA, and countries with whom EFTA and/or Norway  has concluded a Free Trade Agreement. The 
tariff lines that are subjected to matrix calcula tion are certain products in HS chapters 17.04, 19 and 
21. The relevant regulation can be found at; ht tp://www.lovdata.no/for/sf/ld/ld-20011221-1647.html 
 
(v) Other charges affecting imports, (a)  Value-added tax (VAT), Para. 33 
According to para. 33, a new Act is expected to en ter into force in 2009 at earliest. Could Norway 
indicate which will be the main changes to the VAT act?  WT/TPR/M/205/Add.1 
Page 84  
 
 Answer:
 
The new bill is a revision and consolidation of existin g legislation, with the aim of a more transparent 
legal framework. However, there are no substantia l changes as regards the economic implications for 
traders. VAT rates are not part of the revised legislation. 
 
(4) Measures Affecting Production and Trade, (vi) Intellectual Property, Para. 153  
As regards geographical indications, Table III.11 in paragraph 153 of the Report by the Secretariat 
mentions GI protection for food articles and trad itional agricultural specialties. Could you please 
specify if products other than food articles and agricultural specialties are also susceptible of 
protection as geographical indications in Norway? If they are, could you please indicate which legal 
text/s is/are relevant? 
 Answer:
 
In accordance with article 22 of the TRIPS Ag reement, Norwegian law provides for a general 
protection for geographical indications for all sorts of products. The relevant legal texts are section 1 
and 2 of the Act relating to control of marketing and contract terms and conditions (The Marketing 
Control Act of 16 June 1972 no 47) and Section 14 paragraph 1 no. 2 in the Trademark Act of 
3 March 1961 no 4. Norwegian law provides for a special protection for geographical indications for wines and spirits as set out in article 23 of the TRI PS Agreement.  The relevant legal texts are section 
9 in the Act relating to control of marketing and contract terms and conditions (The Marketing 
Control Act of 16 June 1972 no 47) and Section 14 third paragraph in the Trademark Act of 3 March 
1961 no 4. 
 The specific protection mentioned in Table III.11 in paragraph 153 covers food articles and 
agricultural specialties only.  
UNITED STATES OF AMERICA  
Questions for Government Report 
 Para. 63, page 14   
Norway increased its Aid for Trade budget by 50%  in 2007-2008. What have been the primary 
accomplishments of this program that le d to the decision to increase spending? 
 Answer:
 
Evaluations prior to the budget increase have show n that Aid for Trade activities sponsored by 
Norway have had overall good results. However, th is budget increase was made primarily as a 
response to calls from developing countries thr ough the WTO and other multilateral bodies for an 
increase in Aid for Trade financing.   Questions for Secretariat Report
 
 SUMMARY OBSERVATIONS 
Para. 1, page vii  
The Secretariat suggests that reducing assistance to domestically produced agricultural goods would 
“align agricultural policy with the market-based solu tions pursued in other sectors.”  Does Norway 
agree with this assessment and, if so, what step s does Norway envision to decrease this assistance? 
 
Answer:
 
Norway regards assistance provided to agricultu ral production as instrumental in achieving key 
national policy objectives, including rural em ployment, food security and environmental 
sustainability. Norway is committed to the mandate of the Doha Development Agenda.   WT/TPR/M/205/Add.1 
 Page 85 
 
 
  
II TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES, (1) Overview 
Para. 4  
Does Norway believe that there are limited opportuni ties for foreign investment in sectors where there 
is a high level of state ownership and, if so, is it concerned that this limitation is adversely affecting 
these sectors? 
 
Answer:  
State ownership in companies wh ere the main objective of the ow nership is commercial operation 
does not limit opportunities for private, including fore ign, investment. The state’s role as policy maker 
and market regulator differs from its role as owner. In order to safeguard the legitimacy of these roles 
and create trust in the state as ow ner, these roles are kept separate.   A system has been developed 
whereby, unless special considerations apply, co mmercial companies are administered by the 
Ministry of Trade and Industry.  
III TRADE POLICIES AND PRACTICES BY MEASURE, (2) Measures Directly Affecting 
Imports, (i) Procedures and documentation, Para. 9 
According to the Secretariat, “All import declarati ons are handled by the TVINN electronic clearance 
system, which is accessible 24 hours a day. The system  includes checks to det ect declarations that 
contain errors or may require closer examination by  customs officials, for example if prices differ 
significantly from average prices, or if imports from a certain country are unusual.” Please clarify 
which average prices are used and on what basis. In  addition, what would be  considered “unusual”? 
 Answer:
 
The price controls checks the price of a product aga ints the average import price for that particular 
tariff heading with certain upward and downward lim its. The average prices are calculated on the 
basis of previous monthly figures. Unusual pri ces would be prices that are outside the given 
downwards or upward limits. Para. 11  
The Secretariat’s Report states that “The Norw egian Customs and Excise Service has issued a 
Strategy Plan 2005-2008, which sets out changes it in tends to implement over this period.  Does the 
Norwegian Customs and Excise Service expect to is sue a new plan for 2009-2012? If so, is there an 
estimated timeframe for issuance? 
 Answer:
 
A revised Strategy Plan for the Norwegian Customs and Excise Service is under preparation. The 
date of publication is not yet fixed. 
 
(iv) Tariffs, (a) MFN applied tariff Para. 24  
Currently, what percent of Norway’s total tariff lin es have ad-valorem equivalent tariff rates greater 
than 100%? Answer:
 
Most agricultural tariffs are applied as specific ta riffs. Their ad valorem equivalent depends on the 
methodology chosen for conversion. The question ca n not be answered without making assumptions 
about this methodology. 
 
(ix) Sanitary and phytosanitary measures 
Para. 59  
Does Norway prohibit the importation of beef from cattle treated with growth promoting hormones? 
Has Norway sought any adaptations in its applica tion of the EC’s legislation on the importation of 
such beef?  
 WT/TPR/M/205/Add.1 
Page 86  
 
 Answer:
 
Norway has the same legislation concerning import ation of beef from cattle as the EC, and has not 
sought any adaptations in the application of this legislation.  
 Para. 64  
What amendments are being made to the regulat ions on wood packaging material and for what 
purpose? Are they intended to meet EC requirement s or ISPM 15? If based on the EC regulation, has 
Norway completed a risk assessment ? If the issue is ISPM 15, does Norway intend to wait before 
making changes to its wood packaging requireme nts for the IPPC amendment process to be 
completed by January 2009? 
 
Answer:
 
The requirements are in accordance with FAO Int ernational Standard for Phytosanitary measures No 
15 on guidelines for regulation wood packaging material in international trade.  The regulation will enter into force 1 January 2009. The aim is protection of  plant health, in accordance with ISPM 15, in 
particular to reduce risk of introduction of quarantin e pests associated with wood packaging material 
made of raw food. The regulation was notified in G/SPS/N/NOR/23. 
 
(3) Measures affecting Production and Trade,  (ii) Competition Policy and Price Controls, 
Para. 93 
Does Norway agree with the OECD recommendation to  increase competition in the food sector and, if 
so, are there any plans under the Competition Act (or otherwise) to do so? 
 Answer:
 
The Competition Act which entered in to force in 2004 is the primary in strument to ensure satisfactory 
competition in the economy, including in the food sector.  There are no plans to change this Act 
regarding the level of competition in the food sector. 
 (iv) State-trading, state owned enterprises and privatization Para. 128-129  
Why has Norway set the target for state ownership of business and industry at the 2006 level?  What 
factors drove this decision and thereby the slow down in the privatization process since the last 
review? 
 Answer:
 
Parliamentary elections in 2005 led to a change  of government. The present government has a 
stronger emphasis on state ownersh ip than the previous government.  
 
(v) Government procurement Para. 138  
“The regulations also introduced a ‘dynamic pur chasing system’, which allows the contracting 
authority to set up a non-exclusive list of suppliers fo r a period of four years”.  Please describe how 
such a list of suppliers is developed, including ho w suppliers are informed of the development of, and 
existence of, such a list, whether the lists are by sector, the requirements for inclusion of suppliers on 
such lists, whether suppliers are allowed to apply for inclusion on the list, and if so, what is the 
process that is used.  Also, please explain how su ch lists differ from “permanent lists,” which 
according to para. 142, page 61 “are not allowed, except for utilities”.  
Answer:
 
As explained in footnote 131 the dynamic purc hasing system is set up according to directive 
2004/18/EC article 33.  The article reads:   WT/TPR/M/205/Add.1 
 Page 87 
 
 
 “Dynamic purchasing systems 
1. Member States may provide that contracting authorities may use dynam ic purchasing systems. 
 2. In order to set up a dynamic purchasing system, c ontracting authorities shall follow the rules of the 
open procedure in all its phases up to the award of  the contracts to be concluded under this system. 
All the tenderers satisfying the selection criteri a and having submitted an indicative tender which 
complies with the specification and any possible additional documents shall be admitted to the 
system; indicative tenders may be impr oved at any time provided that  they continue to comply with 
the specification. With a view to setting up the syst em and to the award of contracts under that system, 
contracting authorities shall use solely electronic means in accordance with Article 42(2) to (5). 
 
3. For the purposes of setting up the dynamic pu rchasing system, contracting authorities shall: 
(a) publish a contract notice making it clear that a dynamic purchasing system is involved; (b) indicate in the specification,  amongst other matters, the nature of the purchases envisaged under 
that system, as well as all the necessary informati on concerning the purchasing system, the electronic 
equipment used and the technical conn ection arrangements and specifications; 
(c) offer by electronic means, on publication of the notice and up to the expiry of the system, unrestricted, direct and full access to the sp ecification and to any additional documents 
and shall indicate in the notice the internet add ress at which such documents may be consulted. 
 4. Contracting authorities shall give any economic operator, throughout the entire period of the 
dynamic purchasing system, the possibility of subm itting an indicative tender and of being admitted to 
the system under the conditions refer red to in paragraph 2.  They shall complete evaluation within a 
maximum of 15 days from the date of submission of the indicative tender.  However, they may extend 
the evaluation period provided that no invitation to tender is issued in the meantime.  The contracting 
authority shall inform the tenderer referred to in th e first subparagraph at the earliest possible 
opportunity of its admittance to the dynamic purchas ing system or of the rejection of its indicative 
tender.  5. Each specific contract must be the subject of an invitation to tender. Before issuing the invitation to 
tender, contracting authorities shall publish a si mplified contract notice inviting all interested 
economic operators to submit an indicative tender, in accordance with paragraph 4, within a time 
limit that may not be less than 15 days from th e date on which the simplified notice was sent. 
Contracting authorities may not proceed with tenderi ng until they have completed evaluation of all 
the indicative tenders received by that deadline.  6. Contracting authorities shall invite all tenderers admitted to the system to submit a tender for each 
specific contract to be awarded under the system. To that end they shall set a time limit for the 
submission of tenders. They shall award the contract  to the tenderer which submitted the best tender 
on the basis of the award criteria set out in the c ontract notice for the establishment of the dynamic 
purchasing system. Those criteria may, if appropriate,  be formulated more precisely in the invitation 
referred to in the first subparagraph.  
7. A dynamic purchasing system may not last fo r more than four years, except in duly justified 
exceptional cases. Contracting authorities may not resort to this system to prevent, restrict or distort 
competition. No charges may be billed to the in terested economic operators or to parties to the 
system.”  
As follows from the above the contracting authority  must when using a dynamic purchasing system 
publish a notice inviting all interested tenders to join  the system every time the contracting authority 
wants to issue a tender. Suppliers can join at all times.   WT/TPR/M/205/Add.1 
Page 88  
 
 Using a permanent list the contracting authority c an either publish a notice for interested suppliers to 
join the qualification system, after which the list w ill be closed for three years, or publish a notice 
enabling suppliers to join  the list once a year. 
 
Para. 143  
“The authorities also note that procurement under the GPA/EEA/EFTA or EFTA's FTAs must be 
published internationally, except for selective tende ring.  ”Please explain whether Norway publishes 
information on procurements in which it intends to use selective tendering.  If so, please describe how 
and where Norway makes available to suppliers in formation on procurements in which it intends to 
use selective tendering.  
 
Answer
: 
Using the definitions in the Government Procur ement Agreement, the reference to “selective 
tendering” should have been a reference to “limited tendering”. 
 
(vi) Intellectual property rights, Designs 
It is our understanding that Norway has a term of industrial design protection for spare parts that is 
shorter than the ten years set in TRIPS Art. 26 (3). Norway has argued in the past that the shortened 
term was a limited exception permitted by TRIPS. In Table III.11 of WT/TPR/S/205, an observation 
was made that “Components and spare parts used for the repair of a complex product may only be 
protected for 5 years". Does Norway continue to find  that five years of protection permits the normal 
exploitation of the industrial design, and does not unreasonably prejudice the legitimate interests of 
the owner of the protected design?  If five years is  adequate for spare parts, are there other designs 
that Norway considers would be appropri ate for a less than ten- year term? 
 Answer
: 
According to Section 23 paragraph 2 of the Designs Act of 14 March 2003 no 15 the term of protection for spare parts that are used to repair a complex product to restore its original 
appearance, is limited to five years. We confirm t hat we still regard this limited protection for certain 
spare parts as being in accordance with the TRI PS-agreement. According to Section 23 paragraph 1 
of the Designs Act the term of protection for oth er designs than the spare parts covered by Section 23 
para. 2 can amount to 25 years. Thus, the legislator  has considered a less than ten year long term of 
protection would not be appropriate for other pr oducts than those specific spare parts covered by 
Section 23 paragraph 2 of our Designs Act.  (vi) Intellectual property rights, Patents 
In paragraph 148 of WT/TPR/S/205, it is stated that “Norway's Patents Act requires that national 
applications relating to biological material must disclose the origin of the material.” 
 The requirement of Norway’s Patent Act for the discl osure of the information on the country of origin 
of biological material, and whether prior informed  consent was obtained, appears to be a significant 
burden upon patent applicants. This  burden appears to be unreasona ble, because it is not clear when 
this information is required or wh y it would be relevant to the processing of a patent application. 
Please provide details as to when and how the disclosure requirement must be met. 
 In addition, please explain the basis for requiring the disclosure of biological material. How is such a 
requirement consistent with the provision to TRIPS Ar ticle 27(1) that “patents shall be available and 
patent rights enjoyable without discrimination as to the place of invention, the field of technology and 
whether products are imported or locally produced ?” The disclosure requirement appears to place 
additional burdens upon inventors working on technologies related to biologic resources.   
  WT/TPR/M/205/Add.1 
 Page 89 
 
 
 Answer:  
The reasoning behind the disclosure requirement in Section 8 b in the Norwegian Patent Act of 
15 December 1967 no 9 is to support the aim of the C onvention on Biological Diversity, inter alia by 
making it easier to control whether biological mat erial is collected in accordance with national 
legislation in the provider country. Further, di sclosure of origin may make it easier to examine 
whether the conditions for patentability are met, especially novelty and inventive step. 
 The disclosure requirement applies only when th e invention claimed in the patent application 
concerns or uses biological material. The obligation to disclose the origin of biological material 
applies regardless of whether the application con cerns a product patent or a process patent. The 
disclosure requirement does not apply if the patent application concerns a process to be used on a 
biological material.  A violation of the disclosure requirement will not have effect on the processing of the patent 
application nor on the validity of a granted paten t. This applies even if the applicant gives wrong 
information or no information at all. As the discl osure requirement does not affect the processing of 
the application or the validity of the patent, it is fully in complia nce with the TRIPS Agreement. The 
disclosure requirement applies only to  national patent applications, not  to applications that are filed 
through the PCT-system or with the European Patent Office.   Breach of the disclosure requirement constitutes a criminal offence that may be sanctioned outside 
the patent system. However, penal sanctions can on ly be imposed if the applicant has acted with 
intent when providing incorrect information.  (vi) Intellectual property rights, Enforcement 
In the 2004 Trade Policy Review, Norway indicated  that the maximum penalties of three-month 
imprisonment for trademark counte rfeiting and three-year imprisonment for copyright infringement 
are a sufficient deterrent. Please provide any releva nt statistics from 2004 onwards (e.g. decreasing 
software piracy levels, increasing number of pro secutions and/or sentences, shifts in consumer 
attitudes towards software piracy or trademark counterfeiting) indicating that the penalties for 
intellectual property rights infringement have had a sufficient deterrent effect. 
 
Answer:
 
We regret to inform that no relevant statistics are available. 
 IV TRADE POLICIES BY SECTOR, (2) Agriculture, (ii) Border Measures Para. 19-20  
Norway administers tariff quotas for 24 tariff lines, most of which are allocated through auctions. In 
Norway’s 2004 review, there was concern about low quot a fill rates, which appear to be a continuing 
problem. What steps has Norway taken since 2004 to address this problem?  Answer:
 
In general, actual imports reflect the comme rcial interest in importing the different products, 
regardless of the allocation method.  The commercia l interest is influenced by prices in the potential 
exporting countries, currency fluctuations, cons umer preferences and other domestic market 
conditions  Since 2004 Norway has improved the informati on about the market opportunities related to the 
quotas and worked out a more transparent system for allocating quotas through an online auctioning 
system administered by the Norwegian Agriculture Au thority (NAA). Notification is given on the NAA 
web site (www.slf.dep.no) before auctions take pl ace. Importers may register at the NAA to receive 
updates and information regarding future auctions. 
 WT/TPR/M/205/Add.1 
Page 90  
 
 Auctions are held several times a year, but auctions  for quotas with a license period from January are 
held in November the year before. Most quotas are a llocated 100%. If a part of the total quota is still 
available after the auction, additional auctions may be held later.  Information on remaining quota 
volumes is available online. Registered importers ma y ask for a new auction of unallocated volumes.  
 
Auction results are published on the web, where a li st of allocations including firms, quantities and 
fees is made available soon after the auction is fin ished. A successful bid confers a license to import 
at the given tariff rate.  Licenses may be freely traded in the secondary market.  Those wanting to 
trade a license in the secondary market, can via the NAA website get contact information for all the 
quota owners. 
 
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