WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/V/NOR/1 
9 March 2012 
 (12-1346) 
Committee on Government Procurement Original:   English/ 
 anglais/  inglés 
 
  
VERIFICATION OF THE RESULTS OF THE NEGOTIATIONS  
UNDER ARTICLE XXIV:7 OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
 
Communication from Norway
1 
 
 
 The following submission, dated 7 March 2012, is being circulated at the request of the 
Delegation of Norway. 
 
 Comité des marchés publics  
 
 
VÉRIFICATION DES RÉSULTATS DES NÉGOCIATIONS 
AU TITRE DE L'ARTICLE XXIV:7 DE L'ACCORD 
SUR LES MARCHÉS PUBLICS 
 
Communication de la Norvège
1 
  
 La communication ci-après, datée du 7 mars 2012, est distribuée à la demande de la délégation de la Norvège. 
 
 Comité de Contratación Pública 
 
 
VERIFICACIÓN DE LOS RESULTADOS DE LAS NEGOCIACIONES 
PREVISTAS EN EL PÁRRAFO 7 DEL ARTÍCULO XXIV 
DEL ACUERDO SOBRE CONTRATACIÓN PÚBLICA 
 
Comunicación de Noruega
1 
   La siguiente comunicación, de fecha 7 de ma rzo de 2012, se distribuye a petición de la 
delegación de Noruega. 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
   GPA/O/V/NOR/1 
 Page 3 
 
 
  NORWAY'S DRAFT RECTIFIED FINAL OFFER 
 
  Norway is pleased to present her draft rectif ied final offer as detailed in the attached 
document. 
 
 Minor technical changes have been made  as well as changes in accordance with the 
comments/requests received from Parties.  This entails, inter alia , that the indicative lists of entities 
covered by Annexes 1 to 3 have been inserted in th e offer.  By mistake, the indicative list of Other 
Entities (Utilities) covered under Annex 3 has not been ci rculated before, but is now included in the 
offer.  One entity, Avinor AS, has been moved from Annex 2 to Annex 3.  This  is a body governed by 
public law operating in the utilities sectors (provision of airport or other terminal facilities to carriers by air), and thus it belongs in A nnex 3 (cf. Note 2 of Annex 7). 
 GPA/O/V/NOR/1 
Page 4  
 
  NORWAY 
 
(Authentic in the English language only) 
 
 
ANNEX 1 
 
Central Government Entities wh ich Procure in Accordance 
With the Provisions of this Agreement 
 
 Goods    (specified in Annex 4) 
Threshold :   SDR 130,000 
 Services    (specified in Annex 5) 
Threshold :   SDR 130,000 
 Construction Services  (specified in Annex 6) 
Threshold :   SDR 5,000,000 
 
 
All Central Government Entities. 
 
An indicative list of will be provided Ce ntral Government Entities is attached. 
 
 
Notes to Annex 1  
 
1. "Central Government Entities" is meant to c over covers also any subordinated entity of any 
central government entity, provided that such en tity does not have separate legal personality. 
 
2. The following shall not be c onsidered as covered procurement: 
 
- procurement by procuring entities covered under this Annex in regard of procurement 
of FSC 58 (communications, protection and coherent radiation equipment) from 
Canada; 
 
- procurement by procuring entities covere d under this Annex of air traffic control 
equipment in regard of suppliers and se rvice providers from the United States; 
 
until such time as Norway has accepted that  the Parties concerned provide satisfactory 
reciprocal access for Norwegian goods, suppliers, servic es and service providers to their own 
procurement market.  
 
3. The provisions of Article XVIII shall not appl y to suppliers and service providers of Japan, 
Korea and the United States in contesting the award of contracts to a supplier or service provider of Parties other than those mentioned, which are sma ll or medium-sized enterprises under the relevant 
provisions in Norway, until such time as Norway accepts  that they no longer operate discriminatory 
measures in favour of certain domestic small and minority businesses.   GPA/O/V/NOR/1 
 Page 5 
 
 
  Indicative List of Central Government Entities: 
 
Statsministerens kontor    Office of the Prime Minister 
 
Regjeringsadvokaten     Office of the Attorney General 
 
Arbeidsdepartementet Ministry of Labour  
 
Arbeids- og velferdsetaten (NAV)   Th e Norwegian Labour and Welfare Service 
Arbeidsretten      The Labour Court 
Arbeidstilsynet      The Norwegian Labour Inspection Authority 
Pensjonstrygden for sjømenn    Pension Insurance for Seamen Petroleumstilsynet     Petroleum Safety Authority Riksmeklingsmannen     State mediator Statens arbeidsmiljøinstitutt The National Institute of Occupational 
Health 
Trygderetten      The National Insurance Appeal Body Statens Pensjonskasse     The Norwegian Public Service Pension Fund 
 
Barne-, likestillings og inkluderings-   Ministry of Children, Equality and  Departementet      Social Inclusion  
 
Barneombudet      The Ombudsman for Children in Norway 
Barne, ungdoms- og familiedirektoratet   The Norwegian Directorate for Children, 
       Youth and Family Affairs Forbrukerombudet     The Consumer Ombudsman Forbrukerrådet      The Norwegian Consumer Council Fylkesnemndene for barnevern og sosiale saker  County Social Welfare Boards 
Integrerings- og mangfoldsdirektoratet   Directorate of Integration and Diversity 
Kontaktutvalget mellom innvandrerbefolkningen  The Contact Committee for Immigrants and  
og myndighetene (KIM)     Authorities Likestillings- og diskrimineringsnemnda   The Equality and Anti-Discrimination 
       Tribunal Likestilling- og diskrimineringsombudet   The Equality and Anti-Discrimination  
       Ombud 
Statens Institutt for Forbruksforskning   National Institute for Consumer  
       R e s e a r c h  
 
Finansdepartementet     Ministry of Finance  
 
Finanstilsynet      The Fina ncial Supervisory Authority 
       o f  N o r w a y  Folketrygdfondet     Folketrygdfondet Norges Bank      Central Bank of Norway 
Senter for statlig økonomistyring   Th e Norwegian Government Agency for  
       Financial Management Skattedirektoratet     Directorate of Taxes Statens innkrevingssentral The Norwegian National Collection
 
Authority 
Statistisk sentralbyrå     Statistics Norway 
Toll- og avgiftsdirektoratet    Directorate of Customs and Excise 
 GPA/O/V/NOR/1 
Page 6  
 
  Fiskeri- og kystdepartementet    Ministry of Fisheries and Coastal Affairs  
 
Fiskeridirektoratet     Directorate of Fisheries Havforskningsinstituttet     In stitute of Marine Research 
Kystverket      The Norwegian Coastal Administration 
Nasjonalt institutt for ernærings- og   The National Institute of Nutrition and 
sjømatforskning      Seafood Research 
 
Fornyings-, administrasjons- og   Ministry of Government Administration Kirkedepartementet     Reform and Church Affairs 
 
Bispedømmerådene      The Diocesan Councils Datatilsynet      The Data Inspectorate Departementenes servicesenter    Government Administration Services 
Det praktisk-teologiske seminar    Practical Theological Seminar 
Direktoratet for forvaltning og IKT   The Agency for Public Management and  
       e G o v e r n m e n t  Fylkesmannsembetene     The County Governors Gáldu – Kompetansesenter for urfolks rettigheter  Gáldu – Resource Center for the Right of  
       Indigenous Peoples Internasjonalt reindriftssenter    Interna tional Center for Reindeer Husbandry  
Kirkerådet      National Council of the Church of Norway 
Konkurransetilsynet     Norwegian Competition Authority Nidarosdomens restaureringsarbeider   The Restoration Workshop of Nidaros        C a t h e d r a l  Opplysningsvesenets Fond     The Norwegian State Church Endowment 
Personvernnemnda      Data  Protection Tribunal Norway 
Sametinget      The Sámediggi Statsbygg      The Directorate of Public Construction and        P r o p e r t y   
Forsvarsdepartementet    Ministry of Defence  
 
Forsvaret      Norwegian Armed Forces Forsvarets Forskningsinstitutt    Norw egian Defence Research Establishment 
Forsvarsbygg      Norwegian Defence Estates Agency Nasjonal Sikkerhetsmyndighet    Norw egian National Security Authority 
 
Helse- og omsorgsdepartementet   Ministry of Health and Care  Services 
 
Bioteknologinemnda     The Norwegian Biotechnology Advisory         B o a r d  Helsedirektoratet     Norwegian Directorate of Health 
Klagenemnda for bidrag til behandling i utlande t  The Norwegian Governmental Appeal Board 
       Regarding Medical Treatment Abroad Nasjonalt folkehelseinstitutt    Norweg ian Institute of Public Health 
Nasjonalt kunnskapssenter for helsetjenesten  Norwegian Knowledge Centre for Health  
       S e r v i c e s  
Norsk pasientskadeerstatning    The Norwegian System of Compensation  
       t o  P a t i e n t s  Pasientskadenemnda     The Patients' Injury Compensation Board Preimplantasjonsdiagnostikknemnda   Nati onal Board for Preimplantation Genetic  
       Diagnosis  GPA/O/V/NOR/1 
 Page 7 
 
 
  Statens autorisasjonskontor for helsepersonell  The Norwegian Registration Authority for  
       H e a l t h  P e r s o n n e l  Statens helsepersonellnemnd    Norwegian Appeal Board for Health         Personnel Statens helsetilsyn      Norwegian Board of Health Supervision 
Statens Institutt for rusmiddelforskning   National Institute for Alcohol and  
       Drug Research Statens Legemiddelverk     Norwegian Medicines Agency Statens Strålevern     Norwegian Radiation Protection Authority Vitenskapskomiteen for mattrygghet   No rwegian Scientific Committee for Food  
       S a f e t y  
 
Justis- og politidepartementet    Ministry of Justice and the Police  
 
Den høyere påtalemyndighet    The Higher Prosecuting Authority 
Den militære påtalemyndighet    The Military Prosecuting Authority 
Direktoratet for nødkommunikasjon   Directorate for Emergency Communication Direktoratet for samfunnssikkerhet og beredskap  The Directorate for Civil Protection        and Emergency Planning Domstoladministrasjonen    National Courts Administration Hovedredningssentralen     Joint Rescue Coordination Centre 
Kommisjonen for gjenopptakelse av straffesaker  The Norwegian Criminal Cases Review  
       C o m m i s s i o n  Kontoret for voldsoffererstatning   The Norwegian Criminal Injuries  
       C o m p e n s a t i o n  A u t h o r i t y  Kriminalomsorgens sentrale forvaltning   The Norweg ian Correctional Services 
Politidirektoratet     The National Police Directorate 
Politiets sikkerhetstjeneste    The Norwegian Police Security Service Sekretariatet for konfliktrådene     National Mediation Service 
Siviltjenesten      The Administration of Conscientious         O b j e c t i o n  Spesialenheten for politisaker     Norweg ian Bureau for the Investigation of  
       P o l i c e  A f f a i r s  
Statens sivilrettsforvaltning     The Norwegian Civil Affairs Authority Utlendingsdirektoratet     The Directorate of Immigration Utlendingsnemnda (UNE)     The Immigration Appeal Board  Kommunal og Regionaldepartementet   Ministry of Local Government and        Regional Development 
 
Distriktssenteret  Centre of Competence on Rural 
Development 
Husbanken      The Norwegian State Housing Bank 
Husleietvistutvalget i Oslo, Akershus, Berg en   The Rent Disputes Tribunal in Oslo, 
og Tronheim      Akers hus, Bergen and Trondheim 
Statens bygningstekniske etat    National Office of Building Technology and        A d m i n i s t r a t i o n   GPA/O/V/NOR/1 
Page 8  
 
  Kulturdepartementet     Ministry of Cultural Affairs  
 
Arkivverket      The National Archival Services of         N o r w a y  Kunst i offentlige rom, KORO     Public Art Norway 
Lotteri- og stiftelsestilsynet     The Norwegian Gaming and Foundation  
       A u t h o r i t y  Medietilsynet      The Norwegian Media Authority Nasjonalbiblioteket      The National Library of Norway Norsk Filminstitutt     National Film Board 
Norsk Kulturråd     Arts Council Norway 
Norsk lokalhistorisk institutt     The Norwegian Institute of Local History Norsk lyd- og blindeskriftbibliotek    Norwegian Sound and Braille Library 
Rikskonsertene      The Norwegian Concert Institute Riksteatret       The Norwegian Touring Theatre 
Språkrådet      The Language Council of Norway 
 
Kunnskapsdepartementet    Ministry of Education and Research 
 
Artsdatabanken       The Norw egian Biodiversity Information  
       C e n t r e  
BIBSYS      BIBSYS 
Foreldreutvalget for grunnopplæringe n The National Parents' Committee for 
Primary and Secondary Education 
Meteorologisk institutt     Norwegian Meteorological Institute Nasjonalt organ for kvalitet i utdanningen  Norw egian Agency for Quality Assurance in  
       E d u c a t i o n  
Norges forskningsråd     The Research Council of Norway Norgesuniversitetet      Norway Opening University Norsk institutt for forskning om oppvekst,  velferd  Norwegian Social Research 
og aldring (NOVA) Norsk utenrikspolitisk institutt    No rwegian Institute of International  
       A f f a i r s  
Samordna opptak     The Norwegian Universities and Colleges         A d m i s s i o n  S e r v i c e  Senter for IKT i utdanningen     The Norwegian Centre for ICT in Education 
Senter for internasjonalisering av høyere   The Norwegian Centre for International  
utdanning      Cooperation in Higher Education 
Statens fagskole for gartnere og  blomsterdekoratører (Vea) Statens lånekasse for utdanning  The Norwegian State Educational Loan 
Fund 
Statlige universiteter og høyskoler   Universities and University Colleges 
Utdanningsdirektoratet      Norwegian Directorate for Education and  
       T r a i n i n g  Vox, nasjonalt fagorgan for kompetansepolitikk  Norwegian Institute for Adult Learning 
  GPA/O/V/NOR/1 
 Page 9 
 
 
  Landbruks- og matdepartementet   Ministry of Agriculture and Food  
 
Bioforsk      Norwegian Institute for Agriculture         and Environmental Research Mattilsynet      Norwegian Food Safety Authority 
Norsk institutt for skog og landskap    Norwegian Forest and Landscape Institute 
Norsk institutt for landbruksøkonomisk fors kning Norwegian Agricultural Economics 
Research Institute 
Reindriftsforvaltningen  Norwegian Reindeer Husbandry
 Administration 
Statens landbruksforvaltning     Norwegian Agricultural Authority 
Veterinærinstituttet     National Veterinary Institute  
Miljøverndepartementet    Ministry of the Environment  
 Direktoratet for Naturforvaltning   Directorate for Nature Management 
Klima- og forurensningsdirektoratet   Climate and Pollution Agency Norsk kulturminnefond     No rwegian Cultural Heritage Fund 
Norsk Polarinstitutt     Norwegian Polar Research Institute Riksantikvaren      Directorate for Cultural Heritage  Statens Kartverk     Norwegian Mapping Authority 
 
Nærings- og handelsdepartementet   Ministry of Trade and Industry 
 
Direktoratet for mineralforvaltning med   Directorate of Mining with  
Bergmesteren for Svalbard    Commissioner of Mines at Svalbard 
Garanti-Instituttet for Eksportkreditt (GIEK)  GIEK Justervesenet      Norwegian Metrology Service Norges geologiske undersøkelse    The Geological Survey of Norway Norsk akkreditering     Norwegian Accreditation 
Norsk romsenter      Norwegian Space Agency 
Sjøfartsdirektoratet     The Norwegian Maritime Directorate Skipsregistrene      The Norweg ian International Ship Register 
Patentstyret      Norwegian Industrial Property Office Brønnøysundregistrene     The Brønnøysund Register Centre 
 
Olje- og energidepartementet    Ministry of Petroleum and Energy  
 
Norges vassdrags- og energidirektorat   Norwegian Water Resources and Energy        D i r e c t o r a t e  Oljedirektoratet      Norwegian Petroleum Directorate 
 
Samferdselsdepartementet    Ministry of Transport and  
       C o m m u n i c a t i o n  
 
Jernbaneverket  The Norwegian National Railway 
Administration 
Luftfartstilsynet      Civil Aviation Authority Norway Post- og teletilsynet     Norw egian Post and Telecommunications 
       A u t h o r i t y  
Statens havarikommisjon     Accident Investigation Board Norway 
Statens jernbanetilsyn      Norwegian Rail Authority Statens vegvesen     Norwegian Public Roads Administration GPA/O/V/NOR/1 
Page 10  
 
  Utenriksdepartementet    Ministry of Foreign Affairs  
 
Direktoratet for utviklingssamarbeid (NOR AD)  Norwegian Agency for Development 
       Cooperation  
Fredskorpset      FK Norway  
Stortinget      The Storting  
 
Stortingets ombudsmann for forvaltninge n  Stortingets Ombudsman for Public 
 - Sivilombudsmannen     Administration Riksrevisjonen      Office of the Auditor General  Domstolene      Courts of Law 
 
  GPA/O/V/NOR/1 
 Page 11 
 
 
  ANNEX 2 
 
Sub-Central Government Entities which Procure in Accordance 
With the Provisions of this Agreement 
 
 
Goods    (specified in Annex 4) 
Threshold :   SDR 200,000 
 Services    (specified in Annex 5) 
Threshold :   SDR 200,000 
 Construction Services   (specified in Annex 6)  
Threshold :   SDR 5,000,000  
 
 
1. All sub-central government entities operating at  the regional (counties) or local (municipalities) 
level.  2. All bodies governed by public law.  
A body is considered to be gove rned by public law when it: 
 
(1) is established for the specific purpose of meeting needs in the general interest, not 
being having of a commercial or i ndustrial nature character;  and 
 
(2) has legal personality;  and 
 
(3) is financed for the most part by the Stat e, or regional or local authorities, or other 
bodies governed by public law, or is subject to management supervision by those bodies, or has an administrative, managerial or supervisory board more than half of 
whose members are appointed by the State, regional or local authorities, or other 
bodies governed by public law. 
 3. All associations formed by one  or several of the entities cove red by the preceding paragraphs 1 
and 2.  
4. An indicative list will be provided of proc uring entities which are bodies governed by public 
law is attached. 
 
 
Notes to Annex 2 
 1. The following shall not be cons idered as covered procurement: 
 
- procurement by procuring en tities covered under this A nnex in regard of suppliers, 
services and service providers from the United States; 
 
- procurement by procuring entities covered under this Annex in regard of procurement 
of FSC 58 (communications, protection and coherent radiation equipment) from 
Canada; 
 GPA/O/V/NOR/1 
Page 12  
 
  - procurement by procuring entities covere d under this Annex of air traffic control 
equipment in regard of suppliers and se rvice providers from the United States; 
 until such time as Norway has accepted that the Part ies concerned provide satisfactory reciprocal access 
for Norwegian goods, suppliers, serv ices and service providers to their own procurement market. 
 
2. The provisions of Article XVIII shall not apply to suppliers and service providers of: 
 
- Japan, Korea and the United States in contes ting the award of contracts to a supplier 
or service provider of Parties other than those mentioned, which are small or 
medium-sized enterprises under the relevant  provisions in Norway, until such time as 
Norway accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses; 
 
- Japan in contesting the award of contracts by Norwegian entities, whose value is less 
than the threshold applied for the same cate gory of contracts awarded by this Party. 
 3. In regard of goods, services, suppliers and ser vices providers from Canada this Annex shall 
only apply to procurement by sub-central governme nt entities operating at regional level (counties). 
  Indicative list of procuring entities wh ich are bodies governed by public law: 
 
Avinor AS 
Avinor AS 
Enova SF Enova SF Garantiinstituttet for eksportkreditt, GI EK The Norwegian Guarantee Institute 
Helse Sør-Øst RHF South-Eastern Norway Regional Health 
Authority 
Helse Vest RHF Western Norway Regional Health Authority Helse Midt-Norge RHF Central Norway Regional Health Authority Helse Nord RHF Northern Norway Regional Health Authority Innovasjon Norge Innovation Norway 
Norsk Rikskringkastning, NRK The No rwegian Broadcasting Corporation 
Universitetssenteret på Svalbard AS The University Centre in Svalbard Uninett AS Uninett, The No rwegian Research Network 
Simula Research Laboratory AS Simula Research Laboratory AS Norsk samfunnsvitenskapelig datatjeneste Norwegian Social Science Data services 
AS (NSD) AS (NSD) 
  Categories : 
  - Statsbanker (State Banks)  
 - Publicly owned and operated museums  
  GPA/O/V/NOR/1 
 Page 13 
 
 
  ANNEX 3 
 
Other Entities which Procure in Accordance 
With the Provisions of this Agreement (Utilities) 
 
 
Goods    (specified in Annex 4) 
Threshold :   SDR 400,000 
 Services    (specified in Annex 5) 
Threshold :   SDR 400,000 
 Construction Services   (specified in Annex 6) 
Threshold :   SDR 5,000,000  
 
 
1. All procuring entities whose procurement is covered by the EEA utilities directive which are contracting authorities (i.e. those covered under Annex 1 and Annex 2) or public undertakings
1 and 
which have as one of their activities any of those referred to below or any combination thereof: 
 
(a) the provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, tran sport or distribution of drinking water 
or the supply of drinking water to such networks; 
 
(b) the provision or operation of fixed netw orks intended to provide a service to the 
public in connection with the production, transport or distribution of electricity or the 
supply of electricity to such networks; 
 
(c) the provision of airport or other terminal facilities to carriers by air; 
 
(d) the provision of maritime or inland port or  other terminal facilities to carriers by sea 
or inland waterway; 
 
(e) the provision or operation of networks2 providing a service to the public in the field 
of transport by urban railway, automated systems, tramway, trolley bus, bus or cable. 
 2. An indicative list of contracting authoriti es and public undertakings fulfilling the criteria set 
out above will be provided of Other Entities (Utilities) is attached. 
 
  
                                                      
1 According to the EEA utilities directive, a public  undertaking is any undertaking over which the 
contracting authorities may exercise directly or indirectly  a dominant influence by virtue of their ownership of 
it, their financial participation therein, or the rules which govern it. 
A dominant influence on the part of the contracting authorities shall be presumed when these 
authorities, directly or indirectly , in relation to an undertaking: 
- hold the majority of the undertaking's subscribed capital, or 
- control the majority of the votes attaching to shares issued by the undertaking, or - can appoint more than half of the undertaking's administrative, management or supervisory 
body. 
2 As regards transport services, a network shall be considered to exist where the service is provided 
under operating conditions laid down by a competent authority, such as conditions on the routes to be served, 
the capacity to be made available or the frequency of the service. GPA/O/V/NOR/1 
Page 14  
 
  Notes to Annex 3  
 
1. Contracts awarded Procurement for the pursuit of  an activity listed above shall not be subject 
to this Agreement when the activity is directly exposed to competition on markets to which access is 
not restricted. 
 
2. This Agreement shall not apply to contract s awarded does not cover procurement by entities 
covered under included in this Annex: 
 
(a) for the purchase of water and for the supply of energy or of fuels for the production of 
energy; 
 
(b) for purposes other than the pursuit of their activities as described in this Annex or for 
the pursuit of such activities in a non-EEA country; 
 
(c) for purposes of re-sale or hire to third pa rties provided that the procuring entity enjoys 
no special or exclusive right to sell or hire the subject of such contracts and that other 
entities are free to sell or hire it under the same conditions as the procuring entity. 
 3. This Agreement shall not apply to c ontracts awarded does not cover procurement: 
 
(a) by a procuring entity to from an affiliated undertaking3;  or 
 
(b) by a joint venture formed exclusively by a number of procuring entities for the 
purpose of carrying out a relevant activity with in the meaning of paragraphs (a) to (e) 
of this Annex, to from an undertaking which is affiliated with one of these procuring 
entities, 
 provided that at least 80 per cent of the average turn over of the affiliated undertaking with respect to 
goods, services or construction serv ices for the preceding three years derives respectively from the 
provision of such services or goods to unde rtakings with which it is affiliated. 
 
 When, because of the date on which an aff iliated undertaking was created or commenced 
activities, the turnover is not available for the prec eding three years, it will be sufficient for that 
undertaking to show that the turnover referred to in th is paragraph is credible, in particular by means 
of business projections.  
4. This Agreement shall not apply to c ontracts awarded does not cover procurement: 
 
(a) by a joint venture, formed exclusively by a number of procuring entities for the purpose 
of carrying out activities within the meaning of  paragraphs (a) to (e) of this Annex, to 
from one of these procuring entities;  or 
 
(b) by a procuring entity to from such a joint venture of which it forms part, provided that 
the joint venture has been set up in order to carry out the activity concerned over a 
period of at least three years and that th e instrument setting up the joint venture 
                                                      
3 "affiliated undertaking" means any undertaking the annual accounts of  which are consolidated with 
those of the procuring entity in accordance with the requ irements of Council Directive 83/349/EEC on 
consolidated accounts, or in case of entities not subject  to that Directive, any undertaking over which the 
procuring entity may exercise, directly or indirectly, a dominant influence, or which may exercise a dominant 
influence over the procuring entity, or which, in common with the procuring entity, is subject to the dominant 
influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.  GPA/O/V/NOR/1 
 Page 15 
 
 
  stipulates that the procuring entities, which form it, will be part thereof for at least the 
same period. 
 5. The supply of drinking water or electricity to networks which provide a service to the public by a procuring entity other than a contracting author ity shall not be considered as a relevant activity 
within the meaning of paragraph (a) or (b) of this Annex where: 
 
(a) the production of drinking water or electricity by the entity concerned takes place 
because its consumption is necessary for carry ing out an activity other than that referred 
to in paragraphs (a) to (e) of this Annex;  and 
 
(b) supply to the public network depends only on  the entity's own consumption and has not 
exceeded 30 per cent of the entity's total production of drinking wa ter or energy, having 
regard to the average for the preceding three years, including the current year. 
 
6. The following shall not be c onsidered as covered procurement: 
 
- procurement by procuring entities operating in the fields of: 
 
(i) production, transport or distributi on of drinking water covered under this 
Annex; 
 
(ii) airport facilities covered under this Annex; 
 
(iii) maritime or inland port or other term inal facilities covered under this Annex;  
and 
 
(iv) urban railway, tramway,  trolley bus or bus services  covered under this Annex 
   in regard of goods, services, s uppliers and service providers from Canada; 
 
- procurement by procuring entities operating in  the field of production, transport or 
distribution of drinking water covered under this Annex in regard of suppliers and 
service providers from the United States; 
 
- procurement by procuring entities covere d under this Annex of air traffic control 
equipment in regard of suppliers and se rvice providers from the United States; 
 
- procurement by procuring entities operating in the field of airport facilities covered 
under this Annex in regard of suppliers and service providers from the United States 
and Korea; 
 
- procurement by procuring entities operating in the field of urban railway, tramway, 
trolley bus or bus services covered under this Annex in regard of suppliers and service 
providers from the United States; 
 
- procurement by procuring entities operating in the field of urban railway covered 
under this Annex in regard of supp liers and service providers from Japan; 
 
- procurement by procuring entities operating in the field of bus services covered under 
this Annex in regard of suppliers  and service providers from Israel 
 GPA/O/V/NOR/1 
Page 16  
 
  until such time as Norway has accepted that the Part ies concerned provide satisfactory reciprocal access 
for Norwegian goods, suppliers, serv ices and service providers to their own procurement market. 
 7. The provisions of Article XVIII shall not apply to suppliers and service providers of: 
 
- Japan, Korea and the United States in contes ting the award of contracts to a supplier 
or service provider of Parties other than those mentioned, which are small or medium-sized enterprises under the relevant  provisions in Norway, until such time as 
Norway accepts that they no longer operate discriminatory measures in favour of certain domestic small and minority businesses; 
 
- Japan in contesting the award of contracts by Norwegian entities, whose value is less 
than the threshold applied for the same cate gory of contracts awarded by this Party. 
  Indicative list of other entities (utilities): 
 
1. Drinking Water 
 
 Public entities producing or distributing water pursuant to Forskrift om vannforsyning og 
drikkevann (FOR 2001-12-09 1372). 
 
For instance: 
Asker og Bærum vannverk Aske r and Bærum Water Network 
Bergen vannverk  Bergen Drinking Water Network 
 
2. The electricity sector 
  Public entities producing, transporting or distribut ing electricity pursuant to Lov om erverv av 
vannfall mv. kap. I, jf. kap V (LOV 1917-12-14 16), Lov om vasdragsreguleringer (LOV-1917-12-14 
17), Lov om vassdrag og grunnvann (LOV-2000-11-24 82) or Lov om produksjon, omforming, 
overføring, omsetning, fordeling og bruk av energi m.m. (LOV 1990-06-29 50). 
 
For instance:  
Alta Kraftverk   Alta Power Plant 
Bingsfoss Kraftverk   Bingfoss Power Plant 
 3. Airports: 
 
Public entities providing airport facilities pursuant to Lov om luftfart (LOV-1993-06-11 101). 
 
For instance: 
Avinor AS    Avinor AS 
 
4. Ports: 
 
Public entities operating pursuant to Lo v om havner og farvann (LOV 20009-04-17 19) 
 
For instance: 
Oslo havn    Port of Oslo 
Stavangerregionens havn  Port of Stavanger 
  GPA/O/V/NOR/1 
 Page 17 
 
 
  5. Urban transport 
 
 Public entities which have as one of their ac tivities the operation of networks providing a 
service to the public in the field of transport by automated systems, urban railway, tramway, trolley 
bus, bus or cable according to Lov om anlegg og dr ift av jernbane, herunder sporvei, tunellbane og 
forstadsbane m.m. (LOV 1993-06-11 100), Lov om  yrkestransport med motorvogn og fartøy (LOV 
2002-06-21 45) or Lov om anlegg av ta ugbaner og løipestrenger (LOV 1912-06-14 1). GPA/O/V/NOR/1 
Page 18  
 
  ANNEX 4 
 
Goods 
 
 
1. This Agreement applies to the covers procur ement of all goods, unless otherwise specified in 
this Agreement. 
 2. This Agreement covers only app lies to the following goods that are described in the Chapters of 
the CCC (Customs Co-operation Council)/Brussels nome nclature specified below and that are procured 
by the Ministry of Defence, its s ubordinated entities and entit ies in the field of secu rity that are covered 
by the Agreement: 
 
Chapter 25: Salt;  sulphur;  earths and stone ;  plastering materials, lime and cement 
Chapter 26: Metallic ores, slag and ash 
Chapter 27: Mineral fuels, mineral oils and products of their disti llation;  bituminous substances;  
mineral waxes, except: 
ex 27.10 special engine fuels 
Chapter 28: Inorganic chemicals;  organic and inorganic compounds of precious metals, of rare 
earth metals, of radio-active elem ents and of isotopes, except: 
ex 28.09 explosives 
ex 28.13 explosives 
ex 28.14 tear gas ex 28.28 explosives ex 28.32 explosives ex 28.39 explosives 
ex 28.50 toxic products 
ex 28.51 toxic products ex 28.54 explosives 
Chapter 29: Organic chemicals, except: 
ex 29.03 explosives ex 29.04 explosives 
ex 29.07 explosives 
ex 29.08 explosives ex 29.11 explosives ex 29.12 explosives ex 29.13 toxic products 
ex 29.14 toxic products 
ex 29.15 toxic products ex 29.21 toxic products ex 29.22 toxic products ex 29.23 toxic products ex 29.26 explosives 
ex 29.27 toxic products 
ex 29.29 explosives 
Chapter 30: Pharmaceutical products Chapter 31: Fertilizers Chapter 32: Tanning and dyeing extracts;  tannins a nd their derivatives;  dyes, colours, paints and 
varnishes, putty, fillers and stoppings, inks 
Chapter 33: Essential oils and resinoids;  pe rfumery, cosmetics and toilet preparations 
Chapter 34: Soap, organic surface-active agents, washing preparations, lu bricating preparations, 
artificial waxes, prepared waxes, polis hing and scouring preparations, candles and 
similar articles, modelling pastes and "dental waxes"  GPA/O/V/NOR/1 
 Page 19 
 
 
  Chapter 35: Albuminoidal substances;  glues;  enzymes 
Chapter 37: Photographic and cinematographic goods 
Chapter 38: Miscellaneous chemical products, except: 
ex 38.19 toxic products 
Chapter 39: Artificial resins and plastic materials, cellulose esters and ethers, articles thereof, 
except: 
ex 39.03 explosives 
Chapter 40: Rubber, synthetic rubber, fa ctice, and articles  thereof, except: 
ex 40.11 bullet-proof tyres 
Chapter 41: Raw hides and skins (oth er than fur skins) and leather 
Chapter 42: Articles of leather;  saddlery a nd harness;  travel goods, handbags and similar 
containers;  articles of animal gut (other than silk-worm gut) 
Chapter 43: Fur skins and artificial fur;  manufactures thereof Chapter 44: Wood and articles  of wood;  wood charcoal 
Chapter 45: Cork and articles of cork 
Chapter 46: Manufactures of straw of esparto and of other plaiti ng materials;  basketware and 
wickerwork 
Chapter 47: Paper- making material 
Chapter 48: Paper and paperboard;  articles of paper pulp, of paper or of paperboard Chapter 49: Printed books, newspapers, pictures and other products of the printing industry;  
manuscripts, typescripts and plans 
Chapter 65: Headgear and parts thereof 
Chapter 66: Umbrellas, sunshades, walking-st icks, whips, riding-crops and parts thereof 
Chapter 67: Prepared feathers and down and articles ma de of feathers or of down ;  artificial flowers;  
articles of human hair 
Chapter 68: Articles of stone, of plaster, of cemen t, of asbestos, of mica and of similar materials 
Chapter 69: Ceramic products 
Chapter 70: Glas s and glassware 
Chapter 71: Pearls, precious and se mi-precious stones, precious meta ls, rolled precious metals, and 
articles thereof;  imitation jewellery 
Chapter 73: Iron and stee l and articles thereof 
Chapter 74: Copper a nd articles thereof 
Chapter 75: Nickel and articles thereof 
Chapter 76: Aluminium and articles thereof Chapter 77: Magnesium and beryllium and articles thereof Chapter 78: Lead and articles thereof Chapter 79: Zinc and articles thereof 
Chapter 80: Tin and articles thereof 
Chapter 81: Other base metals employed  in metallurgy and articles thereof 
Chapter 82: Tools, implements, cu tlery, spoons and forks, of base metal;  parts thereof, except: 
ex 82.05 tools ex 82.07 tools, parts 
Chapter 83: Miscellaneous articles of base metal 
Chapter 84: Boilers, machinery and mechanical appliances;  parts thereof, except: 
ex 84.06 engines ex 84.08 other engines ex 84.45 machinery ex 84.53 automatic data-processing machines 
ex 84.55 parts of machines under heading 84.53 
ex 84.59 nuclear reactors GPA/O/V/NOR/1 
Page 20  
 
  Chapter 85: Electrical machinery and equipment;  parts thereof, except: 
ex 85.13 telecommunication equipment ex 85.15 transmission apparatus 
Chapter 86: Railway and tramway locomotives , rolling-stock and parts thereof, except: 
ex 86.02 armoured locomotives, electric 
ex 86.03 other armoured locomotives 
ex 86.05 armoured wagons ex 86.06 repair wagons ex 86.07 wagons 
Chapter 87: Vehicles, other than railway or tr amway rolling-stock, and parts thereof, except: 
ex 87.01 tractors 
ex 87.02 military vehicles ex 87.03 breakdown lorries ex 87.08 tanks and other armoured vehicles ex 87.09 motorcycles 
ex 87.14 trailers 
Chapter 89: Ships, boats and floating structures, except: 
ex 89.01A warships 
Chapter 90: Optical, photogr aphic, cinematographic,  measuring, checking, precision, medical and 
surgical instruments and apparatus;  parts thereof, except: 
ex 90.05 binoculars 
ex 90.13 miscellaneous instruments, lasers 
ex 90.14 telemeters ex 90.28 electrical and electronic measuring instruments ex 90.11 microscopes ex 90.17 medical instruments 
ex 90.18 mechano-therapy appliances 
ex 90.19 orthopaedic appliances ex 90.20 X-ray apparatus 
Chapter 91: Manufacture of watches and clocks Chapter 92: Musical instruments;  sound recorders or reproducers;   television image and sound 
recorders or reproducers;  parts and accessories of such articles 
Chapter 94: Furniture and parts th ereof;  bedding, mattresses, ma ttress supports, cushions and 
similar stuffed furnishings, except: 
ex 94.01A aircraft seats 
Chapter 95: Articles and manufactures of carving or moulding material 
Chapter 96: Brooms, brushes,  powder-puffs and sieves 
Chapter 98: Miscellaneou s manufactured articles 
  GPA/O/V/NOR/1 
 Page 21 
 
 
  ANNEX 5 
 
Services covered by this Agreement 
 
 
Of the Universal List of Services, This Agr eement covers the following services which are 
identified in accordance with th e United Nations Provisional Central Product Classification (CPC) as 
contained in document MTN.GNS/W/120, the following services are included with the exceptions 
specified in the Notes to this Annex: 
 
Subject CPC Reference No. 
Maintenance and repair services  6112, 6122, 633, 886  
Land transport services, including armoured car services, and 
courier services, except transport of mail 712 (except 71235), 7512, 87304 
Air transport services of passengers and freight, except 
transport of mail 73 (except 7321) 
Transport of mail by land, except rail, and by air 71235, 7321 
Telecommunications services 752 
Financial services Ex 81, 812, 814 
 (a) Insurance services  
 (b) Banking and investments services  
Computer and related services 84 
Accounting, auditing and bookkeeping services 862 
Market research and public opinion polling services 864 
Management consulting services and related services 865, 866 
Architectural services;  engineering services and integrated 
engineering services, urban planning and landscape architectural services;  related scientific and technical 
consulting services;  technical testing and analysis services 867 
Advertising services 871 
Building-cleaning services and property management services 874, 822 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal;  san itation and similar services 94 
 
 
Notes to Annex 5  
 1. Banking and investment services under Fina ncial services on the list above do not include 
financial services in connection with  issue, sale, purchase and transfer  of securities or other financial 
instruments, and central bank services. GPA/O/V/NOR/1 
Page 22  
 
  2. Management consulting services on the list a bove do not include arbitration and conciliation 
services.  3. Procurement by procuring entities covered unde r Annexes 1, 2 and 3 of any of the services 
covered under this Annex is a covere d procurement in regard of a part icular Party's provider of service 
only to the extent that such Party has covered that service under its Annex 5. 
 4. Covered services do not include services whic h entities have to procure from another entity 
pursuant to an exclusive right established by a pub lished law, regulation or administrative provision. 
  GPA/O/V/NOR/1 
 Page 23 
 
 
  ANNEX 6 
 
Construction Services 
 
 
Definition : 
 
A construction service contract is a contract which has as its objective the realization by 
whatever means of civil or building works, in the sense of Division 51 of the Central Product 
Classification (CPC). 
 
 List of Division 51, CPC : 
 
All public works/construction serv ices of listed in Division 51. 
 
 
Note to Annex 6 
 
 Procurement by procuring entities covered under Annexes 1, 2 and 3 of any of the services 
covered under this Annex is a cove red procurement in regard of a particular Party's provider of 
service only to the extent that such Party has covered that service under its Annex 6. 
 GPA/O/V/NOR/1 
Page 24  
 
  ANNEX 7 
 
General Notes 
 
 
1. This Agreement shall not  apply to does not cover: 
 
(a) procurement for the acquisition, deve lopment, production or co-production of 
programme material by br oadcasters and contract s for broadcasting time; 
 
(b) procurement of agricultural products ma de in furtherance of agricultural support 
programmes and human feeding programmes. 
 2. Contracts awarded Procurement by procuri ng entities covered under Annexes 1 and 2 in 
connection with activities in the fiel ds of drinking water, energy, tran sport and the postal sector are not 
covered by this Agreement, unless covered under Annex 3. 
 3. This Agreement shall not apply to Svalbard.   
__________