RESTRICTED  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  GPA/O/NOR/2 
30 March 2006 
 (06-1490) 
Committee on Government Procurement Original: English/ 
               anglais/                inglés 
 
 
 
NEGOTIATIONS ON EXTENSION OF COVERAGE AND ELIMINATION OF  
DISCRIMINATORY MEASURES AND PRACTICES PURSUANT TO  
ARTICLE XXIV:7(b) AND (c) OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
 
Communication from Norway
1 
 
 
 The following communication, dated 29 March 2006, is being circulated at the request of the Delegation of Norway. 
 
 
Comité des marchés publics  
  
NÉGOCIATIONS SUR L'EXTENSION DE LA PORTÉE DE L'ACCORD ET 
L'ÉLIMINATION DES MESURES ET PRATIQUES DISCRIMINATOIRES  
AU TITRE DE L'ARTICLE XXIV: 7 b) ET c) DE L'ACCORD  
SUR LES MARCHÉS PUBLICS 
 
Communication de la Norvège
1 
 
 
 La communication ci-après, datée du 29 mars  2006, est distribuée à la demande de la 
délégation de la Norvège. 
 
 
Comité de Contratación Pública 
 
  
AMPLIACIÓN DEL ÁMBITO DE APLICACIÓN Y LA ELIMINACIÓN DE  
LAS MEDIDAS Y PRÁCTICAS DISCRIMINATORIAS EN CONFORMIDAD  
CON EL PÁRRAFO 7(b) Y (c) DEL ARTÍCULO XXIV DEL ACUERDO  
SOBRE CONTRATACIÓN PÚBLICA  
 
Comunicación de Noruega
1 
 
  La siguiente comunicación, de fecha de 29 ma rzo de 2006, se distribuye a petición de la 
delegación de Noruega.  
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. GPA/O/NOR/2 
Page 2  
 
NORWAY'S INITIAL OFFER 
 
  Norway is pleased to present her initial offer as detailed in the attached document.  Norway's 
offer is contingent on the other GPA Parties offering reciprocal government procurement for 
Norwegian goods, services and suppliers in their proc urement markets.  Norway reserves her right to 
withdraw or review this initial offer in the light of further development, in cluding offers from other 
GPA Parties.   Norway reaffirms her commitments to a successful achievement of the negotiations on 
extension on coverage and elim ination of discriminatory measures of the WTO Agreement on 
Government Procurement.  
 
N.B. The format of this offer is based on Norway's current Annexes. 
 
 Added text is underlined
 and deletions are marked by strikethroughs . 
 
 Additional information is placed in boxes. 
 
 All references are to the Articles of the 1994 Agreement;  references to Norwegian legislation 
are updated, using the official Norwegian title and th e electronic database reference of the statutes and 
regulations. 
 
 Any increased coverage is highlighted in bold . 
  GPA/O/NOR/2 
 Page 3 
 
 
NORWAY  
 
(Authentic in the English language only) 
  
ANNEX 1 
 
Central Government 
Entities which Procure in Accordance 
with the Provisions of this Agreement 
  
Sup
plies 
Threshold : SDR 130,000  
 Services
 (specified in Annex 4)  
Threshold : SDR 130,000  
 Works
  (specified in Annex 5)  
Threshold : SDR 5,000,000  
 
N.B. As to applicable threshol ds, reference is made to the EC  proposal, supported by Norway, in 
draft Article II.3/4 of the GPA under review, proposin g that such thresholds figures should be inserted 
in Article […] of the revised Agreement.  This o ffer does not imply any change in Norway's current 
threshold values. 
 
List of entities:  
 All Central Government Entities.
The following central government entities including:  
 
"Central Government Entities" is meant to cov er also any subordinated entity of any central 
government entity, provided that it does not have separate legal personality.  
 
N.B. An indicative list of Central Government  Entities will be provided once an Agreement is 
reached amongst all GPA Parties on the proposed covera ge of entities for this Annex.  Therefore, this 
offer does not contain the current list of entities. 
 
 Note to Annex 1  
 
 As far as 
procurement by the Ministry of Defence and its subordinated entities are concerned 
defence entities (marked with an "*"), only procurements of non-warlike materials falling under the 
HS Chapters specified below, are covered:  covers products falling under the CCCN ch apters specified 
in the General Notes . 
 
N.B. The list of goods related to procurement by Defence entities was previously found in the 
General Notes, but has now been moved here.  Th e change in description of entities is for greater 
precision and does not imply a change in covere d entities.  The references to Chapters and 
subheadings were previously referring to CCCN , and not to the Harmonized System;  Chapter 
headings and subheadings remain the same. 
 GPA/O/NOR/2 
Page 4  
 
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 ag ents, washing preparations, lubricating 
  preparations, artificial waxes, prepared waxes, polishing and scouring preparations, 
candles and similar articles, mode lling pastes and "dental waxes" 
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  GPA/O/NOR/2 
 Page 5 
 
 
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 simila r materials 
Chapter 69: Ceramic products Chapter 70: Glass 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 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 a nd floating structures, except: 
  ex 89.01A warships GPA/O/NOR/2 
Page 6  
 
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 el ectronic 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 
Clocks and watches and parts thereof  
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/NOR/2 
 Page 7 
 
 
ANNEX 2 
 
Sub-Central Entities which Procure in Accordance 
with the Provisions of this Agreement 
 
 
Supplies  
Threshold : SDR 200,000  
 Services
 (specified in Annex 4)  
Threshold : SDR 200,000  
 Works
  (specified in Annex 5)  
Threshold : SDR 5,000,000  
 
N.B. As to applicable threshol ds, reference is made to the EC  proposal, supported by Norway, in 
draft Article II.3/4 of the GPA under review, proposin g that such thresholds figures should be inserted 
in Article […] of the revised Agreement.  This o ffer does not imply any change in Norway's current 
threshold values. 
 
List of Entities : 
 
1. All sub-central government enti ties, including those operating at the re gional (counties), 
local or municipal level. Contracting authorities of the region al or local public authorities (all 
counties (19) and municipalities (435) ). 
 
2.  All bodies governed by public law. 
 
 A body is considered to be governed by public law when it: 
 
(a) is established for the specific purpose of meeting needs in the general interest, not being of 
a commercial or industrial nature; 
 
(b) has legal personality;  and 
 
(c) is financed for the most part by the State, or regional or local authorities, or other bodies 
governed by public law, or is subject to mana gement 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 established by public law. 
 3. or 
All associations formed by one or several of the entities more such authorities  or bo dies 
governed by public law,  covered by the preceding paragraphs 1 and 2  , inclu ding:. 
 
N.B. An indicative list of sub-central government  entities will be provided once an Agreement is 
reached among all GPA Parties on the proposed coverage  of entities for this Annex.  Therefore, this 
offer does not contain the current list of entities.  The previous footnote 1 defining the term "body 
governed by public law" has been incorporated into the text of paragraph 2 above, without 
modification. GPA/O/NOR/2 
Page 8  
 
ANNEX 3 
 
Other Entities which Procure in Accordance 
with the Provisions of this Agreement 
  
Supplies
 
Threshold : SDR 400,000  
 Services
 (specified in Annex 4)*  
Threshold : SDR 400,000  
 Works
  (specified in Annex 5)  
Threshold : SDR 5,000,000  
 
N.B. As to applicable threshol ds, reference is made to the EC  proposal, supported by Norway, in 
draft Article II.3/4 of the GPA under review, proposin g that such thresholds figures should be inserted 
in Article […] of the revised Agreement.  This o ffer does not imply any change in Norway's current 
threshold values. 
 
1. All Annex 1 and Annex 2 entities which pursue one ore more of the activities referred to below 
and in respect of contracts awarded for the pursuit of any of these activities:  
 
(a) as far as drinking water is concerned, pursuant to Forskrift om drikkevann og 
vannforsyning (FOR 1995-01-01 Nr 68):  
 
 (i) the provision or operation of fixed networ ks intended to provide a service to the 
public in connection with the production, transport or distribution of drinking 
water;  or  
 (ii) the supply of drinking water to such networks;  
 
(b) as far as transport services are concer ned, activities relating to the provision or 
operation of networks providing a service to the public in the field of transport by 
railway, automated systems, tramway, trolle y bus, bus or cable;  pursuant to Lov om 
anlegg og drift av jernbane, herunder spor vei, tunnelbane og forstadsbane m.m, 
Jernbaneloven (LOV 1993-06-11 100) or Lo v om yrkestransport med motorvogn og 
fartøy (LOV 2002-06-21 45) or Lov om anlegg av taugbaner og løipestrenger (LOV 
1912-06-12 1);  
 
(c) the provision of airport or other terminal facilities to carriers by air;  pursuant to 
Luftfartsloven (LOV 1993-06-11 101);  
 
(d) the provision of maritime and inland ports or other terminal facilities to carriers by sea 
or inland waterway; pursuant to Havneloven (LOV 1984-06-08 51);  
 
(e) as far as electricity is concerned, pursuan t to Lov om erverv av vannfall, bergverk og 
annen fast eiendom m.v., kap I, jf. Kap. V (Lov 1917-12-14 16, kap I), or 
Vassdragsreguleringsloven (LOV 1917-12-14 17) or Energiloven (LOV 1990-06-
29 50) or Lov om vassdrag og grunnvann (LOV-2000-11-24 82):  
 
 (i) the provision or operation of fixed ne tworks intended to provide a service to the 
public in connection  with the production, transport or distribution of 
electricity;  or   GPA/O/NOR/2 
 Page 9 
 
 
 (ii) the supply of electricity to such networks.  
 
2. All public undertakings who are directly or indirectly dominantly influenced by central, 
regional or local government by virtue of their owners hip of it, their financial participation therein, or 
the rules which govern it, and which pursue one ore more of the activities referred to below and in 
respect of contracts awarded for the pursuit of any of those activities:  
  (a) as far as drinking water is concerned, pursuant to Forskrift om drikkevann og 
vannforsyning (FOR 1995-01-01 Nr 68):  
 
  (i) the provision or operation of fixed networks intended to provide a service to 
 the public in connection with the production, transport or distribution of 
 drinking water;  or  
  (ii) the supply of drinking water to such networks;  
 
 (b) as far as transport services are concerne d, activities relating to the provision or 
operation of networks providing a service to the public in the field of transport by 
railway, automated systems, tramway, trolle ybus, bus or cable;  pursuant to Lov om 
anlegg og drift av jernbane, herunder spor vei, tunnelbane og forstadsbane m.m 
(LOV 1993-06-11 100) (Jernbaneloven), or Lov om yrkestransport med motorvogn 
og fartøy (LOV 2002-06-21 45) or Lov om anlegg av taugbaner og løipestrenger 
(LOV 1912-06-12 1);  
  (c) the provision of airports or other term inal facilities to carriers by air; pursuant to 
Luftfartsloven (LOV 1993-06-11 101);  
 
 (d) the provision of maritime and inland ports or other terminal facilities to carriers by sea 
or inland waterway; pursuant to Havneloven (LOV 1984-06-08 51);  
  (e) as far as electricity is concerned, pursuan t to Lov om erverv av vannfall, bergverk og 
annen fast eiendom m.v., kap I, jf. Kap. V (Lov 1917-12-14 16, kap I), or 
Vassdragsreguleringsloven (LOV 1917-12-14 17) or Energiloven (LOV 1990-06-29 
50) or Lov om vassdrag og grunnvann (LOV-2000-11-24 82):  
   (i) the provision or operation of fixed networks intended to provide a service to 
 the public in connection with the production, transport or distribution of 
 electricity;  or  
  (ii) the supply of electricity to such networks.  
  
Notes to Annex 3  
 
1. Contracts awarded for the pursuit of an activ ity listed above shall not be subject to this 
agreement when the activity is directly expo sed to competition on markets to which access is 
not restricted.  
 2. A dominant influence  on the part of the contracting authorities, as referred to in the 
introductory part of paragraph 2 above, shall be presumed to exist when these authorities, 
directly or indirectly, in relation to an unde rtaking:  either hold the majority of the 
undertaking's subscribed capital, or control the ma jority 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.  
 GPA/O/NOR/2 
Page 10  
 
3. With regard to Annex 3 
This Agreement shall not apply to the following  contracts awarded by 
entities in this Annex:  
 
(a) contracts which the contracting entities under paragraph 5 award  for the purchase of 
water contracts which the contracting entities under  paragraph 1 award  and for the 
supply of energy or of fuels for the production of energy; 
 
(b) contracts which the contracting entities award 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) contracts awarded  for purposes of re-sale or hire to third parties provided that the 
contracting entity enjoys no special or exclusiv e 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 contracting entity. 
 
(d)
 contracting entities exercising activities in the bus transportation sector where other 
entities are free to of fer the same services in the same geographical area and under 
substantially th e same conditions.  
 
N.B. The above Note No. 3 was previo usly found as General Note No. 5. 
 
4. This Agreement shall not apply to service contracts which awarded by entities in this Annex : 
 
(a) by a contracting entity awards to an affiliated undertaking;  or  
 
(b) are awarded by a joint venture formed exclusively by a number of contracting entities 
for the purpose of carrying out a releva nt activity within the meaning of 
paragraphs (a) to (e) of this Annex, to one of those contracting entities or to an 
undertaking which is affiliated with one of these contracting entities, 
 
provided that at least 80 per cent of the averag e turnover of that undertaking with respect to 
services arising within the EEA for the three pr eceding years derives from the provision of such 
services to undertakings with wh ich it is affiliated.  When more  than one undertaking affiliated 
with the contracting entity provi des the same service or simila r services, the total turnover 
deriving from the provision of services by thos e undertakings shall be taken into account. 
 
N.B. The above Note was previously  found as note "*" to this Annex. 
 
5. This Agreement shall not apply to c ontracts awarded by entities in this Annex:  
  (a) by a joint venture, formed exclusively by a number of contracting entities for the 
purpose of carrying out activities of paragraphs  (a) to (e) of this Annex, to one of 
these contracting entities;  or  
  (b) by a contracting entity to such a joint ve nture of which it forms part, provided that the 
joint venture has been set up in order to ca rry out the activity concerned over a period 
of at least three years and that the instru ment setting up the joint venture stipulates 
that the contracting entities, which form it, will be part thereof for at least the same 
period.  
  GPA/O/NOR/2 
 Page 11 
 
 
6. The supply of drinking water  and or electricity to networks which provide a service to the public 
by a contracting entity other than a public authority  shall not be considered as a relevant activity 
within the meaning of paragraphs (a) and (e) of this Annex where: 
 
(a) the production of drinking water or electric ity 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) and (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 tota l production of drinking water or energy, 
having regard to the average for the precedi ng three years, including the current year. 
 
N.B. The above note was previously found as note "**" to this Annex. 
 
 
List of Sectors : 
 1.
 The electricity sector :** 
  Public entities producing, transporting or dist ributing electricity pursuant to Lov om bygging og 
drift av elektriske anlegg (LOV 1969 -06-19), Lov om erverv av vannfall, b ergverk og annen 
fast eiendom m.v., Kap. I, jf. kap. V (LOV 19 -17-24 16, kap. I), or Vassdragsreguleringsloven 
(LOV 1917 -12-14 17) or Energiloven (LOV 1990 -06-29 50).  
 2.
 Urban transport : 
 
 Public entities which have as one of their activities the operatio n 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 drift av jernbane, herunder sporvei, 
tunellbane og forstadsbane m.m. (LOV 1993 -06-11 100), or Lov om samferdsel (LOV 1976 -06-
04 63) or Lov om anlegg av taugbaner og løipestrenger (LOV 1912 -06-14 1).  
 
3. Airports : 
  Public entities providing ai rport facilities pursuant to  Lov om luftfart (LOV 1960
-12-16 1).  
  Luftfartsverket 
     Natio nal Civil Aviation Administration  
 
4. Ports : 
  Public entities operating pursuant to Havneloven (LOV 1984
-06-08 51).  
 5.
 Water supply :** 
 
 Public entities producing or distributing wate r pursuant to Forskrift om Drikkevann og 
Vannforsyning (FOR 1951 - 09-28). 
 GPA/O/NOR/2 
Page 12  
 
ANNEX 4 
 
Services covered by this Agreement
 
 
 
 Of the Universal List of Services, as cont ained 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** (except 7524, 7525, 7526)  
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, 82201 to 82206 
Publishing and printing services on a fee or contract basis 88442 
Sewage and refuse disposal; sanitation and similar services 94 
  GPA/O/NOR/2 
 Page 13 
 
 
Notes to Annex 4  
 
1. Land transport services on the list above do not include rail transport services covered by 
CPC Reference No. 711.  
 
2. Banking and investment services under financ ial 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.  
 
3. Management consulting services on the list above  do not include arbitration and conciliation 
services.  
 
N.B. Norway wishes to draw GPA Parties' attention to the inclusion of telecom services in the list of 
services covered.  This represents a significant increase of cross-border procurement opportunities in 
this field. 
 
* except for services which entities have to procure from another entity pursuant to an exclusive 
right established by a publ ished law, regulation or administrative provision.  
** except voice telephony , telex, radiotelephony, pa ging and satellite services  
*** except contracts for financial serv ices in connection with the issue,  sale, purchase, or transfer of 
securities or other financial instruments, an d central bank services  
****  except arbitrations a nd conciliation services  
 GPA/O/NOR/2 
Page 14  
 
ANNEX 5 
 
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 services of Division 51. 
  GPA/O/NOR/2 
 Page 15 
 
 
GENERAL NOTES AND DEROGATIONS FROM THE PROVISIONS OF ARTICLE III 
  1.
 Norway will not extend the benefits of this Agreement:  
 
 - as regards the award of contracts by  entities listed in Annex 2 to the supp liers and 
service providers of Canada;   
  - as regards the award of contracts, ot her than for supplies, listed in Annex
 2 to the 
suppliers and service providers of the USA;   
 
 - as regards the award of contracts by  entities listed in  Annex 3 paragraph  
    ( 1 )
 (electricity), to the suppliers and service providers of Canada, 
Singapore and Japan;  
 
   ( 2 )  (urban transport), to the suppliers and serv ice providers of Canada, 
Israel, Japan, Korea and the USA;  
    ( 3 )
 (airports), to the suppliers and serv ice providers of Canada, Korea and 
the USA;  
 
   ( 4 )   (ports), to the suppliers and service providers of Canada;   
    ( 5 )
  (water), to the suppliers and  service providers of  Canada and the USA;  
 
 until such time as Norway has accepted that the Parties concerned give comparable and effective 
access for Norwegian und ertakings to the rel evant markets;  
  - to service providers of Parties which do not include
 the relevant service contracts for 
the relevant entities in Annexes 1 to 3 and the rel evant ser vice cat egory under 
Annexes  4 and 5 in their own coverage.  
 
2. The provisions of Article XX shall not appl y to suppliers and se rvice providers of:   
  - Isra
el, Japan and Korea in contesting the award of con tracts by entities listed under 
Annex  2, paragraph  2, until such time as Norway accepts that they have com pleted 
coverage of sub -central entities;  
  - Japan, Korea and the USA in contesting the award of c
ontracts to a supp lier or service 
provider of Parties other than those mentioned, which are small or medium -sized enter -
prises under the relevant provisions in Nor way, until such time as Norway accepts that 
they no longer operate dis criminatory measures  in favour of certain domestic small and 
minority businesses;  
  - Israel, Japan and Korea in contesting th e award of contracts by Norwegian entities, 
whose value is less than the th reshold applied for the same cat egory of contracts 
awarded by these Partie s. 
 
3. Until such time as Norway has accepted that the Parties concerned provide access for Norwe gian 
suppliers and service providers to  their own markets, Norway will not extend the benefits of this 
Agreement to suppliers an d service providers of:  
 GPA/O/NOR/2 
Page 16  
 
 - Ca
nada as regards procurement of FSC 36, 70 and 74 (special industry machinery; 
general purpose automatic data  processing equipment, soft ware, sup plies and support  
equipment (except 7010 ADPE configur ations); office machines, visible record 
equipment and  ADP equipment);  
 
 - Canada as regards procurement of FSC  58 (communications, protection and coher ent 
radiation equipment) and the USA as regards air traffic control equipment.  
  - Israel and Korea as regards procurement by entities listed in Annex
 3, par agraph  1, as 
regards procurement of HS Nos 8504, 8535, 8537 and 8544 (elec trical transformers, 
plugs, switches and insula ted cables); and for Israel, HS Nos 8501, 8536 and 902830;  
  - Canada and the USA as regards co ntracts for good or service components 
of contracts 
which, although awarded by an en tity covered by this Agree ment, are not themselves 
subject to this Agreement.  
 
N.B. Paragraphs 1, 2 and 3 above are deleted in this offer;  Norway is prepared to drop all 
country-specific derogations she maintains against some GPA Parties, provided that the Parties 
concerned give a comparable and effective access to Norway's undertakings to their relevant markets. 
 
1. Contracts awarded by entities in Annexes 1 and 2 in  connection with activit ies in the fields of 
drinking water, energy, transport or telecommunications, are not included. 
 2. With regard to Annex 4, 
This Agreement shall not apply to the follo wing: 
 
 (a) contracts for the acquisition or rental, by  whatever financial means, of land, existing 
buildings, or other immovable property or concerning rights thereon; 
  (b) contracts for the acquisition, deve lopment, production or co-production of 
programme material by broadcasters and contracts for broadcasting time; 
 
 (c)
 Contracts awarded to an entity which is its elf a contracting authority within the 
meaning of the Public Procurement Act: “Lov om offentlige anskaffelser m.v.” (LOV 
1992 -11-27 116) on the basis of an exclusive right which it enjoys pursuant to a 
published law, regulation or administrative provision;  
 
 (c) Employment contracts contracts of employment ; 
  (d) Research and development services other than those where the benefit accrue 
exclusively to the contracting entity for its  use in the conduct of its own affairs, on 
condition that the service provided is w holly remunerated by the contracting 
authority.  
 
3. With regard to Annex 4, This Agreement shall not apply to contracts awarded to an entity which 
is itself a contracting authority within the meaning of the Public Procurement Act: "Lov om offentlige anskaffelser m.v."  (LOV 1999-06-16 69) on the basis of an exclusive right which it enjoys pursuant to a published law, re gulation or administrative provision. 
 
N.B. The new Note No. 3 above was previously the 3
rd bullet point of previous Note No. 6, now Note 
No. 2.  It has been separated out and the refe rence to current legislation has been updated. 
  GPA/O/NOR/2 
 Page 17 
 
 
4. The Agreement shall not apply to contracts governed by different procedural rules and awarded 
under  pursuant to ; 
  (a) an international agreement and intended for the joint implementation or exploitation 
of a project by the signatory States; 
 
 (b) an international agreement re lating to the stationing of troops; 
  (c) the particular procedure of an international organization.  
N.B. The new Note No. 4 above was previously found as Note No. 7;  the new wording is not intended 
to change the coverage. 
 
5. The Agreement shall not apply to procurement of agricultural products made in furtherance of 
agricultural support programmes and human feeding programmes. 
 
6. The thresholds in the Annexes will be applied so as to conform to the public procurement 
thresholds of the EEA agreement. 
 7. This Agreement does not apply to public contracts when they are declared to be secret, when their 
performance must be accompanied by special security measures or when the protection of the 
essential interest so requires. This Agreement does not apply to pr ocurement subject to secrecy or 
other particular restrictions with regard to the safety of the realm.  
 8. When a specific procurement may impair impor tant national policy objectives, the Norwegian 
Government may consider it necessary in si ngular procurement cases to deviate from the 
principle of national treatment in the Agreement.  A decision to this effect will be taken at the 
Norwegian Cabinet level. 
 9. Norway reserves its position with regard to the a pplication of this Agreement to Svalbard, Jan 
Mayen Island and Norway's Antarctic possessions. 
 
N.B. As regards "defence entities " and their procurement, the rele vant language has been moved to 
Annex 1. 
 
 
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