RESTRICTED  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  GPA/O/NOR/2/Rev.1 
19 September 2008 
 (08-4420) 
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 
 
Revision  
 
 The following communication, dated 18 September 2008, 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 
 
Révision  
 
 La communication ci-après, datée du 18 septembre 2008, 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 Noruega1 
 
Revisión  
 
 La siguiente comunicación, de fecha del 18 de septiembre de 2008, se distribuye a petición de la delegación de Noruega. 
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. GPA/O/NOR/2/Rev.1 
Page 2  
 
AGREEMENT ON GOVERNMENT PROCUREMENT 
 
NEGOTIATIONS UNDER ARTICLE XXIV:7 OF THE AGREEMENT FOR EXTENSION 
OF COVERAGE AND ELIMINATION OF DISCRIMINATORY MEASURES 
 
NORWAY'S 
INITIAL  REVISED  OFFER 
 
  Norway is pleased to present her initial
 revised  offer as detailed in the attached document.  
Norway's offer is contingent on the other GPA Pa rties offering reciprocal government procurement 
for Norwegian goods, services and supp liers in their procurement markets.  Norway reserves her right 
to withdraw or review this initial offer in the light  of further development, including 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. 
 
 The format of this offer is  based on Norway's current Annexes
 initial offer . 
  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 the electronic database reference of the statutes 
and regulations.   GPA/O/NOR/2/Rev.1 
 Page 3 
 
 
NORWAY  
 
(Authentic in the English language only) 
  
ANNEX 1 
 
Central Government 
Entities which Procure in Accordance 
with the Provisions of this Agreement 
  
Supplies
 
Threshold : SDR 130,000  
 Services
 (specified in Annex 4)  
Threshold : SDR 130,000  
 Works
  (specified in Annex 5)  
Threshold : SDR 5,000,000  
 
Supplies  
Threshold:  SDR 130,0001 
 Services  (specified in Annex 4)
 
Threshold:  SDR 130,0001 
 
Works   (specified in Annex 5)  
Threshold:  SDR 5,000,000  
 
N.B. As to applicable thresholds, ref erence 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 offer 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 cover also any subordinated entity of any central 
government entity, provided that i t does not have separate legal personality.  
 
N.B. An indicative list of Central Government En tities will be provided once an Agreement is 
reached amongst all GPA Parties on the propo sed coverage of entities for this Annex.  Therefore, this 
offer does not c ontain the current list of entities.  
 
                                                      
1 Norway's offer for a threshold of SDR 130,000 for supplies and services is conditioned on the 
premise that the threshold in the European Economic Ar ea Agreement (EEA Agreement)  is not set higher than 
the equivalent of SDR 130,000.  If the EEA threshold is set at a higher level, the threshold for supplies and 
Services in this Annex will be set at an equal, higher level.  GPA/O/NOR/2/Rev.1 
Page 4  
 
[A revised indicative list will be included.]
 
 
Notes  to Annex 1  
 
1. "Central Government Entities" is meant to c over also any subordinated entity of any central 
government entity, provided that it do es not have separate legal personality.  
 
Moved from the definition of coverage above. 
 
2. Contracts awarded by entities in connection w ith activities in the fields of drinking water, 
energy, post, transport or telecommunications, are not included.  
 
This note is moved from An nex 6 and "post" is added. 
 
3. The following shall not be considered as covered procurement:  
 
 - procurement by procuring entities covered under this Annex in regard of FSC 36, 70 
and 74 (special industry machinery;  general purpose automatic data processing 
equipment, software, supplies and support equipment (except 7010 ADPE 
configurations);  office machines, visibl e record equipment and ADP equipment) 
from Canada;  
 
 - procurement by procuring entities covered under this Annex in re gard of procurement 
of FSC 58 (communications, protection an d coherent radiation equipment) from 
Canada;  
  - procurement by procuring entities covered under this Annex in regard of air traffic 
control equipment from the United States;  
 
The above is moved from Annex 6. 
 
 - procurement by procuring entities cove red under this Annex linked to programmes 
funded by EEA grants in regard of suppliers and service providers of the 
United States, Japan and Korea until su ch time as Norway accepts that the 
United States, Japan and Korea no longer operate discriminatory measures in favour 
of certain domestic small and minority businesses.  
 
The issue was previously addressed in Annex 6, Note 2, second line. 
 
4. As far as procurement by the Ministry of Defence, and  its subordinated entities and entities in 
the field of security are concerned defence entities (marked with an "*"), only procurements of 
non-sensitive and non-warlike materials falling under th e HS Chapters specified below, are covered  
covers products falling under the CCCN chapters s pecified 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.  The change in description of entities is for greater 
precision and does not imply a c hange in covered 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/Rev.1 
 Page 5 
 
 
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/Rev.1 
Page 6  
 
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/Rev.1 
 Page 7 
 
 
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/Rev.1 
Page 8  
 
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  
 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 thresholds, reference is ma de to the EC proposal, supported by Norway, in 
draft Article II.3/4 of the GPA under re view, proposing that such thresholds figures should be inserted 
in Article […] of the revised Agreement.  This offer does not imply any change in Norway 's current 
threshold values.  
 
List of Entities : 
 
1. All sub-central government entities, including those operating at the regional (counties), 
local or municipal level. Contracting authorities of the regional 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: 
 
 (1) is established for the specific purpose of meeting needs in the general interest, not 
being of a commercial or industrial nature; 
 
 (2) has legal personality;  and 
  (3) is financed for the most part by the State, or regional or local authorities, or other 
bodies governed by public law, or is subj ect 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 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:.  GPA/O/NOR/2/Rev.1 
 Page 9 
 
 
 
N.B. An indicative list of sub -central government entities w ill 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 publi c law " has been incorporated into the text of paragraph 2 above, without 
modification.  
 
[A revised indicative list will be included].  
 
Notes to Annex 2  
 
1. Contracts awarded by entities in connection w ith activities in the fields of drinking water, 
energy, post, transport or telecommunications, are not included.  
 
This note is moved from Anne x 6 and "post" is added. 
 
2. The following shall not be considered as covered procurement:  
  - procurement by procuring entities covered under this Annex in regard of suppliers, 
services and service providers from the United States;  
 
 - procurement by procuring entities cove red under this Annex in regard of goods, 
services, suppliers and services suppliers from Canada;  
  - procurement by procuring entities covered under this Annex in regard of FSC 36, 70 
and 74 (special industry machinery; ge neral purpose automatic data processing 
equipment, software, supplies and support equipment (except 7010 ADPE 
configurations);  office machines, visibl e record equipment and ADP equipment) 
from Canada;  
  - procurement by procuring entities covered under this Annex in re gard of procurement 
of FSC 58 (communications, protection an d coherent radiation equipment) from 
Canada;  
  - procurement by procuring entities covered under this Annex in regard of air traffic 
control equipment from the United States;  
 
 - procurement by procuring entities cove red under this Annex of good or service 
components of procurement which are not themselves covered by this Agreement in 
regard of suppliers and service providers from the United States and Canada;  
 
The above is moved from Annex 6. 
 
 - procurement by entities covered under this Annex of construction services of a value 
between 5,000,000 SDR and 15,000,000 SDR in  regard of providers of construction 
services from Korea, as well as in regard of providers of construction services from 
Japan;  
 
The issue was previously addressed in  Annex 6, Note 2, third line. 
 
 - procurement by procuring entities cove red under this Annex linked to programmes 
funded by EEA grants in regard of suppliers and service providers of the 
United States, Japan and Korea until su ch time as Norway accepts that the GPA/O/NOR/2/Rev.1 
Page 10  
 
United States, Japan and Korea no longer operate discriminatory measures in favour 
of certain domestic small and minority businesses.  
 
The issue was previously addressed in Annex 6, Note 2, first and second line. 
  GPA/O/NOR/2/Rev.1 
 Page 11 
 
 
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  
 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 thresholds, refe rence is made to the EC pr oposal, 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 offer does not imply any change in Norway 's cur rent 
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 t o Forskrift om drikkevann og 
vannfo rsyning (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 distrib ution of drinking 
water;  or  
 (ii) the supply of drinking water to such networks;  
 
(b) as far as transport services are concerned, activities relating to the provision or 
operation of networks providing a service to the public in the field of transport by 
railway, automated systems, tra mway, tr olley bus, bus or cable;  pursuant to Lov om 
anlegg og drift av jernbane, herunde r sporvei, tunnelbane og forstad sbane m.m, 
Jernbaneloven (LOV 1993 -06-11 100) or Lov om yrkestransport med m otorvogn og 
fartøy (LOV 2002 -06-21 45) or Lov om anlegg av taugbane r 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) ; 
 GPA/O/NOR/2/Rev.1 
Page 12  
 
(d)
 the provision of maritime and inland ports or other terminal facil ities to carriers  by sea 
or inland waterway; pursuant to Ha vneloven (LOV 1984 -06-08 51);  
 
(e) as far as electricity is concerned, pursuant 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 
Vassdragsregulerin gsloven (LOV 1917 -12-14 17) or Energiloven (LOV 1990 -06-
29 50) or Lov om vas sdrag og grunnvann (LOV -2000 -11-24 82):  
 
 (i) the provision or operation of fixed networks intended to provide a se rvice to the 
public in connection  with the production, transport  or distr ibution of 
electricity;  or  
 (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 ownership of it, their finan cial 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,  pursuan t to Forskrift om drikkevann og 
vannfo rsyning (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 pr oduction, transport or distribution of 
 drinking water;  or 
  (ii) the supply of drinking water to such networks;  
 
 (b) as far as transport services are concerned, activities relating to the provision or 
operation of networks providing a service to the public in the field of transport by 
railway, automated systems, tra mway, trolleybus, bus or cable;  pursuant to Lov om 
anlegg og drift av jernbane, herunde r sporvei, tunnelbane og forstad sbane 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 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 facil ities to carriers by sea 
or inland waterway; pursuant to Ha vneloven (LOV 1984 -06-08 51);  
  
(e) as far as electricity is concerned, pursuant 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 
Vassdr agsreguleringsloven (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 se rvice to 
 the public in connection with the producti on, transport or distr ibution of 
 electricity;  or 
  (ii) the supply of electricity to such ne tworks.  
  GPA/O/NOR/2/Rev.1 
 Page 13 
 
 
 All contracting entities whose procurement is covered by the EEA utilities directive which are 
contracting authorities (e.g. those covered under Annex 1 and Annex 2) or public undertakings2 and 
which have as one of their activities any of tho se 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 networks3 providing a service to the public in the field of 
transport by urban railway, automated syst ems, tramway, trolley bus, bus or cable.  
 A revised indicative list of contracting authorities an d public undertakings fulfilling the criteria set out 
above will be included.  
 
The above listing of covered utilities replaces the previ ous listings of covered utilities in Nos. 1 and 2 
as indicated in strikethrough above. 
 
 
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 exposed  to competition on markets to which access is not 
restricted.  
 2.
 A dominant influence  on the part of the contracting authorities, as referre d to in the 
introductory part of paragraph 2 above, sha ll be presumed to exist when these author ities, directly or 
indirectly, in relation to an undertaking:  either 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 supe rvisory body.  
                                                      
 2 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 indirec tly, 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.  
 
Dominant influence previously defined in Annex 3, Note 2. 
 3 As regards transport services, a network shall be considered to exist where the service is provided 
under operating conditions laid down by a competent author ity of an EEA member state, such as conditions on 
the routes to be served, the capacity to be made available or the frequency of the service.  GPA/O/NOR/2/Rev.1 
Page 14  
 
 3
2. 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 contrac ting 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 ac tivities in the bus transportation sector where other 
entities are free to of fer the same services in the same geographical area and under 
substantially the same conditions.  
 
N.B. The above Note No. 3 was previously found as General Note No. 5. 
 
43. This Agreement shall not apply to service contracts which awarded by entities in this Annex : 
 
(a) by a contracting entity awards to an affiliated undertaking4;  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 average turnover of that  the affiliated  undertaking with respect to 
supplies,  services or construction services  arising within the EEA  for the three preceding three  years 
derives respectively  from the provision of su ch services or supplies  to undertakings with which it is 
affiliated.  
When more than one undertaking affiliated with the contracting entity provides the same service 
or 
similar supplies,  services or construction services , the above percentages shall be calculated taking into 
account the total turnover deriving respectively  from the provision of supplies,  services or construction 
services  by those undertakings shall be taken into account  affiliated undertakings . 
 When, because of the date on which an affiliated undertaking was created or commenced activities, 
the turnover is not available for the preceding three years, it will be sufficient for that undertaking to 
show that the turnover referred to in this paragra ph is credible, in particular by means of business 
projections.  
 
                                                      
4 "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/NOR/2/Rev.1 
 Page 15 
 
 
N.B. The above Note was previously found as note "*" to this Annex.  
 
54. 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.  
 6
5. The supply of drinking water  and or electricity to networks  to networks which provide a service 
to the public by a contracting  procuring  entity other than a public authority  contracting authority  shall 
not be considered as a relevant activity within th e 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 previo usly 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 vannfa ll, bergverk 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 ope
ration 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 1 993-06-11 100), 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 
     National Civil Aviation Administration  
 GPA/O/NOR/2/Rev.1 
Page 16  
 
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). 
 6. The following shall not be considered as covered procurement:
 
 
 - procurement by procuring entities operating in the fields of:  
   (i) production, transport or distributio n of drinking water covered under this 
 Annex;  
  (ii) airport facilities covered under this Annex;  
  (iii) maritime or inland port or other terminal facilities covered under this Annex;  
 and  
  (iv) urban railway, tramway, trolley bus or bus services covered under this Annex 
 in regard of supplies, services, supp liers 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 covered under this Annex of air traffic control 
equipment in regard of suppliers 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, Japan and Korea;  
  - procurement by procuring entities cove red under this Annex of good or service 
components of procurement which are not th emselves covered procurement in regard 
of suppliers and service providers from Canada and the United States;  
  - procurement by procuring entities covere d under this Annex of a service listed under 
Annex 4 or any combination thereof in re gard of providers of such services from 
Korea;  
 
 - procurement by procuring entities operati ng in the field of bus services covered under 
this Annex in regard of suppliers  and service providers from Israel;  
 
The above is moved from Annex 6. 
 
 - procurement by procuring entities covere d under this Annex of construction services 
of a value between 5,000,000 SDR and 15,000, 000 SDR in regard of providers of 
construction services from Korea, as well as in regard of providers of construction 
services from Japan (the issue was previously addressed in Annex 6, Note 2, third line.)   GPA/O/NOR/2/Rev.1 
 Page 17 
 
 
 
This issue was previously addressed in Annex 6, Note 2, third line. 
 
 - procurement by procuring entities cove red under this Annex linked to programmes 
funded by EEA grants in regard of suppliers and service providers of the 
United States, Japan and Korea until su ch time as Norway accepts that the 
United States, Japan and Korea no longer operate discriminatory measures in favour 
of certain domestic small and minority businesses;  
 
This issue was previously addressed in Annex 6, Note 2, second line. 
 
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, othe r 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 ser vice providers of Canada, Singapore and 
 Japan;  
  
 (2) (urban transport), to the suppliers a nd service providers of Canada, Israel, 
 Japan, Korea and the USA;  
 
  (3) (airports), to the suppliers and servi ce providers of Canada, Korea and the 
 USA;  
  
 (4) (ports), to the suppliers and service providers of Canada;   
  
 (5) (water), to the suppliers and servi ce providers of Canada and the U SA; 
 
 until such time as Norway has accepted that th e Parties concerned give comparable and 
effective access for Norwegian undertakings 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 service providers of:  
 
 - Israel, Japan and Korea in contesting the aw ard of contracts 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 contracts to a supp lier or 
service provid er 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;  
 GPA/O/NOR/2/Rev.1 
Page 18  
 
 
- Israel, Japan and Korea in contesting the 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 Parties.  
 3.
 Until such time as Norway has acce pted 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 and service providers of:  
  
- Canada 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 pr ocurement of FSC  58 (communications, protection and coher ent 
radiation equipment) and the USA as re gards air traffic control equipment.  
 
 - Israel and Korea as regards proc urement by entities listed in Annex  3, paragraph  1, as 
regards procurement of HS No s 8504, 8535, 8537 and 8544 (elec trical transformers, 
plugs, switches and insulated cables); and for Israel, HS Nos 8501, 8536 and 902830;  
 
 - Canada and the USA as regards contracts for good or service components of contracts 
which, although awarded by a n entity covered by this Agree ment, are not themselves 
subject to this Agreement.  
  GPA/O/NOR/2/Rev.1 
 Page 19 
 
 
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/Rev.1 
Page 20  
 
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.  
 4. Procurement by procuring entities covered unde r 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 4.  
 
Moved from Annex 6. 
 
5. Covered services do not include services which entities have to procure from another entity 
pursuant to an exclusive right established by a pub lished law, regulation or administrative provision.  
 
Moved from note *. 
 
N.B. Norway wishes to draw GP A 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 e ntity pursuant to an exclusive 
right established by a published law, regulation or administrative provision.  
** except voice telephony , telex, radiotelephony, pa ging and satellite services  
*** except contracts for financial se rvices in connection with the issue, sale, purchase, or transfer of 
securities or other financial inst ruments, and central bank services  
****  except arbitrations a nd conciliation services  
  GPA/O/NOR/2/Rev.1 
 Page 21 
 
 
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. 
 
Note to Annex 5
 
 
 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 4.  
 
Moved from Annex 6. 
 GPA/O/NOR/2/Rev.1 
Page 22  
 
ANNEX 6
 
 
General Notes  
 
 
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 pr oviders 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 service provi ders of Canada, 
Israel, Japan, Korea and the USA;  
    ( 3 )
 (airports), to the suppl iers and service providers of Canada, Korea and 
the USA;  
 
   ( 4 )   (ports), to the suppliers and service providers of Canada;   
    ( 5 )
  (water), to the suppliers and servic e 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:   
  - Israel, 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 contra cts 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 dis criminatory measures in favour of certain domestic small 
and minority businesses;  
  - Israel, Japan and Korea in c
ontesting the award of contracts by Norwegian entities, 
whose value is less than the threshold a pplied for the same category of contracts 
awarded by these Parties.  
  GPA/O/NOR/2/Rev.1 
 Page 23 
 
 
3. Until such time as Norway has accepted that the Parties concerned provide access for Nor wegian 
suppliers and service providers to  their own markets, Norway will not extend the benefits of this 
Agreement to suppliers an d service providers of:  
  - Canada as regards procurement of FSC 36, 70 and 74 (special  industry machinery; 
general purpose au tomatic data processing equipment, soft ware, sup plies and support  
equipment (except 7010 ADPE configurations ); office machines, visible record 
equipment and ADP equipment);  
  - Canada as regards procurement of FSC
 58 (communications, protection and cohe rent 
radiation equipment) and the USA as regards air traffic control equipment.  
  - Israel and Korea as regards procurement by entities listed in Annex
 3, paragraph  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 contract s 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 Pa rties 
concerned give a comparable and effective  access to Norway 's undertakings to their rel evant markets.  
 
1. Contracts awarded by entities in Annexes 1 and 2 in connection with activities in the fields of 
drinking water, energy, transport or telecommunications, are not included.  
 2
1. With regard to A nnex 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 a) contracts for the acquisition, devel opment, production or co-production of 
programme material by broadcasters and contracts for broadcasting time; 
  (c)
 Contracts awarded to an entity which is itself a contracting authority within the 
meaning of the Public Procurement Act: “Lov om off entlige 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 b) 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.  
 
32. With regard to Annex 4, This Agreement shall not apply to contracts awarded to an entity 
which is itself a contracting authority within th e 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, regulation or administrative provision.  GPA/O/NOR/2/Rev.1 
Page 24  
 
N
.B. The new Note No. 3 above was previously the 3rd bullet point of previous Note No. 6, now Note 
No. 2.  It has been separated out and the refe rence to current legislation has bee n updated.  
 
4. The Agreement shall not apply to contracts governed by different procedural rules and 
awarded under  pursuant to ; 
 
 (a) an international agreement and intended fo r the joint implementation or exploitation 
of a project by the signatory States;  
  
(b) an international agreement rela ting 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 cover age. 
 
53. The Agreement shall not apply to procurement of  agricultural products made in furtherance of 
agricultural support programmes and human feeding programmes.  6
4. The thresholds in the Annexes will be applie d so as to conform to the public procurement 
thresholds of the EEA agreement. 
 
75. This Agreement does not apply to  public contracts when they ar e 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 procurement subject to secrecy or 
other particular restrictions with regard to the safety of the realm.  
 
8. When a specific procurement may impair important national policy objectives, the Nor wegian 
Government may co nsider it necessary in singular 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.  
 
96. Norway reserves its position with regard to th e application 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. 
 
__________