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| Norway * (Authentic in the English Language only) | | | | |
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| | SDR 400,000 | | | |
| | SDR 400,000 | | | |
| | SDR 5,000,000 | | | |
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| 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 undertakings¹ 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 networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water or the supply of drinking water to such networks; | | | | |
| b 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 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 Other Entities (Utilities) follows. | | | | |
| INDICATIVE LIST OF OTHER ENTITIES (UTILITIES) | | | | |
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| 1.1 Public entities producing or distributing water pursuant to Forskrift om vannforsyning og drikkevann (FOR 2001-12-09 1372). For instance: | | | | |
| 1 Asker and Bærum Water Network (Asker og Bærum vannverk) | | | | |
| 2 Bergen Drinking Water Network (Bergen vannverk) | | | | |
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| 2.1 Public entities producing, transporting or distributing 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: | | | | |
| 1 Alta Power Plant (Alta Kraftverk) | | | | |
| 2 Bingfoss Power Plant (Bingsfoss Kraftverk) | | | | |
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| 3.1 Public entities providing airport facilities pursuant to Lov om luftfart (LOV-1993-06-11 101). For instance: | | | | |
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| 4.1 Public entities operating pursuant to Lov om havner og farvann (LOV 20009-04-17 19). For instance: | | | | |
| 1 Port of Oslo (Oslo havn) | | | | |
| 2 Port of Stavanger (Stavangerregionens havn) | | | | |
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| 5.1 Public entities which have as one of their activities 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 drift 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 taugbaner og løipestrenger (LOV 1912-06-14 1). | | | | |
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| 1 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 does not cover procurement by entities 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 parties 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 does not cover procurement: | | | | |
| a by a procuring entity 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 within the meaning of paragraphs (a) to (e) of this Annex, from an undertaking which is affiliated with one of these procuring entities, | | | | |
| provided that at least 80 per cent of the average turnover of the affiliated undertaking with respect to goods, services or construction services for the preceding three years derives respectively from the provision of such services or goods to undertakings with which it is affiliated.
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 paragraph is credible, in particular by means of business projections. | | | | |
| 4 This Agreement 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, from one of these procuring entities; or | | | | |
| b by a procuring entity 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 the instrument setting up the joint venture stipulates that the procuring entities, which form it, will be part thereof for at least the same period. | | | | |