Norway - Other Entities - Annex 3 doc report

Thresholds for: SDR
Goods 400,000
Services 400,000
Construction services 5,000,000
National Currencies

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: show more/less

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)
    • 1 Drinking Water
      • 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)
        • 2 The electricity sector
          • 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)
            • 3 Airports
              • 3.1 Public entities providing airport facilities pursuant to Lov om luftfart (LOV-1993-06-11 101). For instance:
                • 1 Avinor AS (Avinor AS)
              • 4 Ports
                • 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)
                  • 5 Urban transport
                    • 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).

                  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: show more/less

                  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: show more/less

                  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: show more/less

                  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.

                  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 authority shall not be considered as a relevant activity within the meaning of paragraph (a) or (b) of this Annex where: show more/less

                  a the production of drinking water or electricity by the entity concerned takes place because its consumption is necessary for carrying 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 water or energy, having regard to the average for the preceding three years, including the current year.

                  6 The following shall not be considered as covered procurement: show more/less

                  a procurement by procuring entities operating in the fields of: show more/less

                  i production, transport or distribution 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 goods, services, suppliers and service providers from Canada;

                  b 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;

                  c procurement by procuring entities covered under this Annex of air traffic control equipment in regard of suppliers and service providers from the United States;

                  d 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;

                  e 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;

                  f procurement by procuring entities operating in the field of urban railway covered under this Annex in regard of suppliers and service providers from Japan;

                  g procurement by procuring entities operating in the field of bus services covered under this Annex in regard of suppliers and service providers from Israel

                  until such time as Norway has accepted that the Parties concerned provide satisfactory reciprocal access for Norwegian goods, suppliers, services and service providers to their own procurement market.

                  7 The provisions of Article XVIII shall not apply to suppliers and service providers of: show more/less

                  a 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 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;

                  b Japan in contesting the award of contracts by Norwegian entities, whose value is less than the threshold applied for the same category of contracts awarded by this Party.

                  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.

                  3 "affiliated undertaking" means any undertaking the annual accounts of which are consolidated with those of the procuring entity in accordance with the requirements 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.