WT/TPR/S/138 Trade Policy Review 
Page 24 
 
 
III. TRADE POLICIES AND PRACTICES BY MEASURE 
(1) OVERVIEW  
1. Since its last TPR in 2000, Norway has conti nued to implement trade liberalization reforms, 
albeit at a somewhat slower pace than during the preceding four-year period.  Its average applied 
MFN tariff has fallen from 8.1% in 2000 to 7.2% in 2004, with a maximum rate of 2,355.9%.  
However, tariffs on agricultural goods (WTO definiti on) remain high, with an average rate of 38.2%.  
The average MFN tariff on non-agricultural products is low, having fallen from 2.3% in 2000 to 0.9% 
in 2004;  some 94% of non-agricultural tariff lines now carry the zero rate.   
2. Most of Norway's trade is conducted under the EEA and other preferential agreements, 
although preferential margins have been substantia lly eroded.  Norway expanded its GSP scheme in 
2000 by extending product coverage and simplifying rules of origin requirements;  in July 2002, it 
extended duty-free and quota-free market access for all products originating in least developed 
countries.  The average tariff on imports from GSP ordi nary beneficiaries (all beneficiaries, excluding 
LDCs, Botswana, and Namibia)  was 5.5% in January 2004. 
3. Internal indirect taxes (VAT and excise duties)  are relatively high.  They apply equally to 
imports and locally produced goods, but in some case s (motor vehicles, alcoholic beverages, tobacco) 
fall mainly on imports, since there is no substan tial domestic production.  A food production tax and 
inspection fees are levied at varied rates.  Norway has not carried out any anti-dumping or 
countervailing investigations since its last TPR, nor has it taken, maintained or initiated any safeguard 
measures.  Most Norwegian standards and tec hnical regulations follow those of the EU. 
4. Import licences are maintained mainly for MFN and preferential quota administration 
purposes;  and import controls and prohibitions, on sanitary and phytosanitary grounds, as well as 
under international conventions.  Export licences ar e required for arms and other strategic goods and 
minke whale products.  Exports of fish and fish prod ucts are subject to a levy that varies from 0.25% 
to 1.05% of the value, depending on the product.  Norway continues to grant substantial agricultural 
export subsidies, although outlays declined  by more than 45% between 1998 and 2003. 
5. A new Competition Act entered into force in May 2004, with expanded definitions of and 
stronger measures against anti-competitive conduct.  Norway's public procurement regime does not 
discriminate against EEA members and parties to the WTO Government Procurement Agreement.  
While the degree of state ownership in the econom y remains high, since 2000, the Government has 
reduced its assets in a number of sub-sectors, not ably oil and gas, telecommunications, and hydro-
power, through a series of partial privatizations.  Norway continues to grant substantial support for 
regional development, promotion of research and development (R&D), economic restructuring and 
sector-specific programmes.  Total expenditures for regional assistance and R&D activities have 
increased since Norway's last TPR.  The agriculture sector is the main beneficiary of support.  
Norway's legislation on intellectual property rights has been amended with a view to fully complying 
with its international obligations in this area. 
(2) MEASURES DIRECTLY AFFECTING IMPORTS  
(i) Documentation, and customs procedures and valuation 
6. In Norway, trading activities are generally ope n to nationals and foreigners with a valid 
residence and work permit.  The same registrati on requirements apply to all companies, including 
trading enterprises.  There are no special registra tion requirements for exporters or importers.  
Documentation requirements have remained unchang ed since Norway's previous TPR and include:  Norway WT/TPR/S/138 
 Page 25 
 
 
an import declaration specifying customs value;  an i nvoice;  a bill of lading or a transport document;  
a certificate of origin when preferential treatment is requested;  and an import licence or certificate 
when required.  The TVINN electronic system allo ws speedy clearance of goods, which on average 
takes 3-5 minutes, provided there are no mistakes in the forms submitted or that the clearance system 
does not require further examination by customs office rs.  Prior checking of declared values is carried 
out for 5% of all declarations.  Selection criteri a include declared product value compared to normal 
price, and volume and weight compared to the decl ared product value.  Post audit controls may be 
performed by local customs authorities.  The TVINN system processed some 3.7 million import declarations in 2002 and about 3.8 million in 2003.   
7. The authorities indicate that a main overhaul of the national customs legislation is under 
consideration with a view to further simplifying and modernizing its legal structure and increasing 
transparency.  To this end, several  pilot projects have already been launched, such as simplification of 
border passage and declaration procedures.  Most of  the simplified procedures are expected to enter 
into force on 1 January 2005.  
8. The Norwegian Customs and Excise cooperates with other European countries within the 
framework of the EFTA/EU.  In particular, ther e is extensive cooperati on through EFTA as regards 
procedures relating to free-trade agreements and cust oms issues.  Norway has entered into 14 customs 
agreements covering 17 countries
1, aimed at information exchange in connection with customs 
controls.  In addition, Protocol 11 to the EEA Ag reement and Annex I of th e EFTA Convention cover 
mutual assistance in customs matters.  
9. Norway has notified WTO Members that preship ment inspection is not required on imports.2  
It indicated that its customs valuation pro cedures follow the provisions of the WTO Customs 
Valuation Agreement (CVA).3  The transaction value (as declared  by importers) was used for customs 
valuation of roughly 97% of all imports in 2003.  When the use of the transaction value is not 
possible, the alternative methods of valuation stated  in the CVA are used.  No minimum or reference 
prices are used for customs valuation. 
10. If customs valuation is delayed, importers with a "credit status" may be permitted to release 
the imported goods from customs.  A final declaration must be submitted and accepted within ten days.  Importers are entitled to receive an explan ation from customs regarding the customs value of 
imported goods.  In case of disagreement over a decision concerning customs value, classification of products or duties, importers may appeal to th e Directorate of Customs and Excise through local 
customs authorities.  There are between 550 and 6 00 appeals per year, including on excise duties.  
According to the authorities, about 10% to 20% of the appeals lead to a reversal of the initial decision.  
The time taken to deal with complaints depends on the complexity of the case at hand.  There is no 
maximum storage period for non-cleared goods. The st orage fees vary between the different private 
customs warehouses. 
                                                     
 
1 The countries are:  Czech Repub lic, Denmark, Estonia, Finland, Ge rmany, Hungary, Iceland, Italy, 
Latvia, Lithuania, the Netherlands, Poland, Russian Federation, Slovakia, Spain, Sweden, and the United Kingdom.   
2 WTO document G/PSI/N/1/Add.3, 12 October 1996. 
3 WTO document G/VAL/N/1/NOR/1, 31 January 1996, and GATT document VAL/1/Add.11 of 
21 August 1981. WT/TPR/S/138 Trade Policy Review 
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(ii) Rules of origin 
11. Norway has no precise criteria regarding non-prefer ential origin, deemed to be the country of 
last substantial working or processing that giv es the final product its essential character.  Self-
certification is allowed and usually applied. 
12. Preferential rules of origin are applied under trade agreements to which Norway is a party.  
Under the EEA Agreement, origin criteria are generally product specific.4  They stipulate processes 
that need to be followed or materials to be used , and usually fix a minimum threshold for value added 
through transformation in the EEA.  A "tolerance ru le" allows the use of non-originating materials 
provided these do not account for more than 10% of the ex-works price of the good.  The tolerance 
rule does not apply to textiles and clothing produc ts. The provisions on diagonal cumulation confer 
EEA origin to products that incorporate materials originating in a number of countries5, provided that 
the transformation made goes beyond a certain mini mal set of operations, though the stricter criteria 
for sufficient transformation generally applicable to  non-EEA countries do not have to be satisfied. 
13. The rules of origin under the free-trade ag reements between EFTA and third countries are 
closely modelled on the EEA rules of origin.  Orig inating status is conferred on wholly obtained 
products, or semi-manufactured or manufactured products that satisfy product-specific processing 
rules, based on minimum levels of value added.  To lerance rules exist, but they do not cover textiles 
and clothing.   
14. Under the 1998 Norwegian Regulations Con cerning the Origin of Goods Under the 
Generalized System of Preferences6, products are considered as originating from GSP countries if 
they are either wholly obtained (in the case of primary products) or, in the case of manufactured 
products, if they are deemed to be sufficiently work ed or processed.  The basic criteria in the latter 
case are that all non-originating (i.e. imported) mate rials used should be classified under an HS four-
digit tariff heading different from that of the obtai ned export product, and be subject to transformation 
that goes beyond a set of activities (listed in the re gulations) considered as minimal operations.  For a 
range of tariff headings, certain product-specific rules mu st be satisfied, either in lieu of or in addition 
to the basic change of head ing criterion.  These rules, inter alia , set upper limits on the value of 
imported material as a per centage of the ex-works price of the final product.  They also specify in 
detail the non-originating materials that may be used;  this is particularly evid ent in the case of textile 
products.  The regulations contain a tolerance rule , which allows that materials accounting for up to 
5% of the finished value of the product do not satisfy either the change-of-heading or specific 
processing criteria that may apply.  The toleran ce rule does not apply to textile products.   
15. Regional cumulation of origin is possible provid ed that the materials used in processing are 
imported by the GSP beneficiary country and or iginate from other countries within its regional 
economic group.  Processing must go beyond the mi nimal required operations, and the value added 
must be greater than the highest customs value of the products originating from the other countries 
within the regional economic group.  The rules of origin regulating regional cumulation between the 
countries of the regional economic group must be id entical to those set out by the Norwegian GSP 
system.  Furthermore, each country of the group must undertake to ensure compliance with the 
                                                      
4 Article 4 of the EEA Agreement, as amended up to 2003.  For details of the last revision, see 
European Union, Deci sion of EEA Joint Committee, No. 38/2003, Official Journal of the European Union , 
L.136, June 2003.  
5 Bulgaria, Iceland, Latvia, Liechtenstein, Lithuania,  Norway, Romania, Switzerland, and Turkey.  This 
provision also applied to the Czech Republic, Estonia, Hungary, Poland, the Slovak Republic, and Slovenia 
before their accession to the EU. 
6 WTO document WT/COMTD/N6/Add.2, 18 January 2001. Norway WT/TPR/S/138 
 Page 27 
 
 
Norwegian regulations, and to cooperate in ensuring that certificates of origin  are correctly issues and 
verified.  Once this has been notified to the Norw egian authorities, the latter will communicate their 
decision to approve regional cumulation.  In prac tice, the only countries to make use of the regional 
cumulation provisions of the Norwegian GSP scheme are ASEAN members.   
16. The rules of origin also allow for bilateral cumulation, enabling GSP beneficiaries to use 
Norwegian originating materials without restricti on, and irrespective of any requirements regarding 
tariff heading change, or emanating from product-speci fic rules set out in the regulations.  However, 
in the case of fish and fishery exports, the GSP e ligibility criterion has not been removed, despite the 
reduction of MFN rates to zero.  Diagonal cumulati on with material originating in the European 
Communities and Switzerland has been  allowed since 1 April 2001.  
(iii) Tariffs 
(a) MFN applied tariff structure 
17. The Norwegian Customs Tariff is based on the Harmonized Commodity Description and 
Coding System (HS).7  Tariffs are applied on the c.i.f. va lue of imports.  The 2004 tariff contains 
7,119 lines at the eight-digit level, of which 89.6% carry ad valorem  duties and 10.4% bear non- ad 
valorem  tariffs (Table III.1).  Non- ad valorem  tariffs comprise specific (9.7% of total tariff lines), 
compound (3 tariff lines), and other types of duty (0.6% of the total);  they apply mostly to agricultural products.  The tariff comprises 563 bands, including the ad valorem  equivalents of the 
non-ad valorem  tariffs.  Some 84% of all tariff lines are duty-free, up from 67.4% in 2000;  this 
makes zero the modal rate (Chart III.1).  Some 10.3% of all tariff lines carry rates between zero 
(excluded) and 50% (included).  Some 94% of th e tariff lines for non-agricultural products bear the 
zero rate, while only 46.2% of those for agricultural products are duty free. 
Table III.1 
Overview of MFN tariffs in Norway, 2004 
  Applied rates Bound rates 
1.   Bound tariff lines (% of all tariff lines) 100.0 100.0 
2.   Duty free tariff lines (% of all tariff lines) 83.9 43.8 
3.   Non- ad valorem  tariffs (% of all tariff lines) 10.4 15.3 
4.   Tariff quotas (% of all tariff lines) 0.4 0.4 
5.   Non- ad valorem  tariffs with no AVEs (% of all tariff lines) 2.3 6.4 
6.   Simple average tariff rate 7.2 29.5 
 Agricultural products (HS01-24) 33.7 128.2 
 Non-agricultural products (HS25-97) 0.8 4.2 
 Agricultural products (WTO def.)a 38.2 150.2 
 Non-agricultural products (WTO def.)b 0.9 3.6 
7   Domestic tariff "peaks" (% of all tariff lines)c 5.0 8.8 
8.   International tariff "peaks" (% of all tariff lines)d 5.7 10.2 
9.   Overall standard devia tion of applied rates 44.1 93.2 
10.   "Nuisance" applied rates (% of all tariff lines)e 1.2 3.0 
a WTO Agreement on Agriculture. 
b Exclude petroleum. 
c Domestic tariff peaks are defined as those exceeding three ti mes the overall simple average applied rate (indicator 6). 
d International tariff peaks are defined as those exceeding 15%. e Nuisance rates are those greater than zero, but less than or equal to 2%. 
Source: WTO Secretariat calculations , based on data provided by  the Norwegian authorities.  
 
                                                      
7 The Customs Tariff is passed annually by Storting.  Its printed version specifies both MFN and 
preferential rates.  It is also available onlin e (in Norwegian) at:  http://www.toll.no/tariff. WT/TPR/S/138 Trade Policy Review 
Page 28 
 
 
(0.5) (0.4) (0.5) (0.8)(83.9)
(3.8) (4.8)(1.7) (1.3)
01,0002,0003,0004,0005,0006,000
Duty free >0-10 >10-20 >20-50 >50-100 >100-150 >150-200 >200-250 >2500.010.020.030.040.050.060.070.080.090.0100.0
Data in parentheses are the share of total lines.
WTO Secretariat estimates, based on data provided by the Norwegian authorities.Chart III.1
Applied MFN tariff distribution, 2004
Number of tariff lines
Note:
Sourc e:Per cent
Number of lines (% of total)
Cumulative per cent
 
18. Subsectors with no or little domestic production, are generally subject to zero or relatively 
low tariffs, for example, coffee, tea, spices;  ve getable extracts and plaiting materials;  sugar for 
human consumption;  and tobacco.  Subsectors of do mestic interest are generally subject to higher 
tariff rates, e.g. live animals, dairy products, meat and preparations of meat, and grains.  Live poultry 
and juices and extracts of meat are the most tariff protected subsectors, with rates ranging between 500% and 2,356%.   
19. Seasonal tariffs apply to most fr esh fruit, vegetables, and indoor plants (Table AIII.1).  Most 
seasonal tariffs on fruit and vegetables are specific a nd remain unchanged since Norway's last TPR;  
their ad valorem  equivalents remain relatively high.  Dispersion between the in-season and out-of-
season rates is large;  for example, tariffs on fresh or chilled tomatoes vary between zero and 
NKr 12.21 per kg., and on cauliflowers between zero and NKr 5.82 per kg.  The out-of-season period, 
during which tariffs are lower, varies according to the product.  In many cases, seasonal tariffs may be 
lowered through administrative decision.  Imports from least developed countries may enter duty-free 
throughout the year. 
20. The average applied MFN tariff in 2004 is 7. 2%, down from 8.1% in 2000;  it is still 
relatively high given the large proportion of lines carrying the zero rate.  The coefficient of variation of 6.2 indicates high tariff dispersion, with rates ranging up to 2,355.9%, an ad valorem  equivalent 
(Table III.2).
8  MFN tariff rates on non-agricultural produc ts (WTO definition) are generally low 
                                                      
8 The authorities indicate that imports of products normally liable to the duty of 2,355.9% were duty 
free in 2004 by administrative decision (Chapters II(1) and IV(2)(ii)).  The present analysis is based on the official Customs Tariff (MFN tariff rate s) as adopted by the Storting.  The increase in the AVEs (over their 2000 Norway WT/TPR/S/138 
 Page 29 
 
 
(0.9% on average), with non-zero rates (ranging up to  14%) applying mostly to apparel, textile and 
clothing items (Table AIII.2).  MFN tariffs on agri cultural products (WTO definition) remain high, 
with an average tariff of 38.2% and rates varyin g considerably between product groups.  Using ISIC 
(Revision 2) definition, agriculture remains the most  tariff protected sector, with an average tariff of 
22.2%, followed by manufacturing (6.1%);  imports of mining and quarrying products are duty free.  
Table III.2 
Norway's MFN tariff structure, 2004  
Applied 2004 rates 2003 
Analysis No. of 
linesa No. of 
lines used Simple avg. 
tariff (%) Range 
tariff (%) Std-dev (%) CV Imports (c.i.f.) 
(US$ million) 
Total 7,197 7,032 7.2 0-2,355.9 44.1 6.2 39,258.0 
By WTO definitionb         
  Agriculture 1,352 1,190 38.2 0-2,355.9 98.9 2.6 2,663.4 
  Live animals and products thereof 154 121 130.2 0-555 115.9 0.9 73.4 
  Dairy products 34 27 58.8 4-164.8 30.0 0.5 37.5 
  Coffee and  tea, cocoa, sugar, etc. 241 208 20.0 0-427 50.3 2.5 797.8 
  Cut flowers and plants 81 81 33.5 0-249 67.0 2.0 134.4 
  Fruit and vegetables 354 328 30.5 0-429.8 61.1 2.0 613.0 
  Grains 27 23 58.5 0-246.6 82.6 1.4 74.4 
  Oil seeds, fats, oils and their 
products 169 124 15.7 0-334.1 38.8 2.5 214.4 
  Beverages and spirits 82 80 24.4 0-368 66.4 2.7 388.0 
  Non-agriculture  5,810 5,807 0.9 0-588.5 10.9 12.7 35,457.3 
  Fish and fishery products 272 270 5.5 0-588.5 49.1 8.9 570.5 
  Textiles and clothing 1,021 1,020 3.4 0-13.7 5.3 1.5 2,223.0 
By ISIC sectorc        
  Agriculture and fisheries 544 513 22.2 0-550 58.9 2.7 1,163.0 
  Mining and quarrying 113 113 0.0 0 0.0  - 517.8 
  Manufacturing 6,539 6,405 6.1 0-2,355.9 42.9 7.0 36,795.9 
By stage of processing        
  Raw materials 999 959 14.6 0-550 51.8 3.5 2,236.8 
  Semi-processed products 2,077 2,059 1.1 0-293.9 12.0 11.1 6,623.0 
  Fully-processed products 4,121 4,014 8.5 0-2,355.9 51.6 6.1 30,169.5 
 
a Frequencies are listed. Tariff rates are based on a lower frequency of lines since lines with no ad valorem  equivalents are excluded.  
Estimated ad valorem  equivalents are based on 2003 unit prices.  
b 35 tariff lines are excluded from both WTO agriculture and non-agriculture definitions (essentially petroleum products).  
c ISIC (Rev.2) classification.  Electricity, gas and water are excluded (1 tariff line). 
 Note: CV = coefficient of variation.  
Source : WTO Secretariat estimates, based on data provided by the Norwegian authorities. Import data for 2002 are 
extracted from UNSD, Comtrade database.  
21. In aggregate, mainly due to high protection of  agricultural commodities, the tariff displays 
mixed escalation, negative from the first stage of pr ocessing (with an average tariff of 14.6%) to semi-
finished products (with an average rate of 1.1%),  and then positive to fully processed goods on which 
tariffs average 8.5%.  Further disaggregation of the tariff at ISIC (Revision 2) two-digit level depicts positive escalation mainly in the food processing i ndustry with average tariffs of 16.5% for raw 
materials, 20.0% for semi-processed goods, and 49.8% for fully processed goods;  and in the textile 
and leather industries with average tariffs of zer o on raw materials and semi-finished goods, and 6.3% 
on finished products (Chart III.2). 
                                                                                                                                                                    
 
levels) on certain goods, agricultural products in partic ular, is due mainly to a downward trend in their import 
prices.  The fluctuation of AVEs (the level of tariff protection) because of changes in import prices is a main shortcoming of non- ad valorem  duties, specific duties in particular.  See WTO (2000b).  WT/TPR/S/138 Trade Policy Review 
Page 30 
 
 
0.05.010.015.020.025.030.035.040.045.050.0Chart III.2
Tariff escalation by ISIC 2-digit, 2004
Per cent
Sourc e: WTO Secretariat estimates, based on data provided by the Norwegian authorities.
All products
Food, beverages
Textiles,
apparel
Wood products
Paper, printing
Chemicals ,
plastics
Non-metalli c
minera l
products
Basic meta l
products
Fabricated meta l
products
Other manufac -
turingNOT APPLICABLEAgricuture
MiningRaw materials Semi-processed Fully processed
 
22. Tariff revenue has declined over recent years;  in 2002, it was NKr 1.65 billion (0.3% of total 
tax revenues).  An estimated 52% is collected fro m non-EEA trading partners.  Other import-related 
revenue amounted to NKr 60.8 billion from VAT, NKr 32.2 billion from motor vehicle taxes, and 
NKr 29.3 billion from specific taxes.  
(b) MFN tariff bindings 
23. In the Uruguay Round, Norway bound its entire tariff schedule.  The average bound rate in 
2004 is 29.5%, with rates ranging from 0% to 2,355.9%.9  While tariffs for agricultural products 
(WTO definition) have been bound at an average rate of 150.2%, the average bound rate for non-
agricultural products is just 3.6%.  Bound tariffs on agricultural goods are both specific and ad 
valorem , Norway having reserved the right to apply the highest of either rate.  The highest bound 
tariffs are on live animals, meat, and dairy products  (Table AIII.3).  As indicated by the averages, 
tariffs are mostly bound at ceiling rates;  this leaves substantial margins for discretionary tariff 
increases and does not ensure predictability of th e trade regime as regards customs tariffs.   
(c) Tariff preferences 
24. Norway's foreign trade largely takes place under preferential conditions, mainly the EEA and 
EFTA agreements.  In addition, Norway grants  preferential tariff treatment, under free-trade 
                                                      
9 The increase in the average bound rate, over the rate calculated for Norway's previous TPR in 2000 
(27.0%), is caused by the downward trend in various prices, which has increased ad valorem  equivalents for a 
number of goods.  Specific bindings and the methodology used for the calculation of averages have remained the same. Norway WT/TPR/S/138 
 Page 31 
 
 
agreements, on imports from Bulgaria, Chile, Croati a, the Faroe Islands, Greenland, Israel, Jordan, 
Macedonia, Mexico, Morocco, the Palestinian Te rritories, Romania, Singapore, and Turkey 
(Table III.3).  However, preferential margins are ge nerally very low, reflecting the elimination of 
most MFN tariffs on non-agricultural products and the non-liberalization of trade in most agricultural 
products under most agreements. 
Table III.3 
Average tariffs under Norway's preferential agreementsa, 2004 
 Average tariffs (%) 
 
N° of  
lines 
MFN-
Applied  
EFTA 
EEA EEC 
Bulgaria  
Croatia  
Faroe 
Islands  
Greenland  
GSP - 
Botswana/
Namibia 
GSP- LDC 
Total  7.2 6.5 6.5 6.3 6.4 6.3 6.6 6.3 1.0 0 
By WTO category            
Agriculture 1,352 38.2 38.1 38.2 37.0 37.6 36 38.1 36.8 5.1 0 
Non-agriculture (excl. petroleum) 5,810 0.9 0.3 0.3 0.3 0.3 0.2 0.3 0.3 0.1 0 
By ISIC sector            
Agriculture and fisheries 544 22.2 22.1 22.2 19.9 21.3 22 22.2 19.9 2.6 0 
Mining and quarrying 113 0 0 0 0 0 0 0 0 0 0 
Manufacturing 6,539 6.1 5.4 5.4 5.3 5.4 5.1 5.5 5.3 0.9 0 
   Manufacturing (excluding food processing) 5,527 0.7 0 0 0 0 0 0 0 0 0 
By HS section            
I Live animals & prod. 422 44.8 44.3 44.7 44.7 44.5 44.6 44.8 44.3 2.4 0 
II Vegetable products 539 28 27.9 28 25.4 26.9 27.8 28 25.3 5.5 0 
III Fats 125 12.3 12.1 12 12.1 12 10.9 12.2 12.1 5.3 0 
IV Prepared food etc. 438 35.6 36 35.9 35.5 36.2 29.4 35.2 35.5 6.7 0 
V Minerals 195 0 0 0 0 0 0 0 0 0 0 
VI Chemicals & prod. 974 0.8 0.6 0.6 0.6 0.7 0.8 0.8 0.6 0 0 
VII Plastics & rubber 304 0 0 0 0 0 0 0 0 0 0 
VIII Hides & skins 95 0 0 0 0 0 0 0 0 0 0 
IX Wood & articles 146 0 0 0 0 0 0 0 0 0 0 
X Pulp, paper, etc. 181 0 0 0 0 0 0 0 0 0 0 
XI Textiles & articles 993 3.5 0 0 0 0 0 0 0 0 0 
XII Footwear, headgear 72 0 0 0 0 0 0 0 0 0 0 
XIII Articles of stone 17 7 0 0 0 0 0 0 0 0 0 0 
XIV Precious stones etc. 54 0 0 0 0 0 0 0 0 0 0 
XV Base metal & prod. 680 0 0 0 0 0 0 0 0 0 0 
XVI Machinery 1,076 0 0 0 0 0 0 0 0 0 0 
XVII Transport equipment 218 0 0 0 0 0 0 0 0 0 0 
XVIII Precision equipment 294 0 0 0 0 0 0 0 0 0 0 
XIX Arms and ammunition 27 0 0 0 0 0 0 0 0 0 0 
XX Miscellaneous manuf. 180 0 0 0 0 0 0 0 0 0 0 
XXI Works of art, etc. 7 0 0 0 0 0 0 0 0 0 0 
 Average tariffs (%)  
GSP- 
ordinary 
Israel  
Jordan  
Macedonia  
Mexico  
Morocco  
Palestinian 
Authority   
Romania  Singapore  
Turkey  
Total 5.5 6.5 6.5 6.2 7 6.4 6.5 6.4 6.5 6.4 
By WTO category           
Agriculture 30.8 38.1 37.8 35.4 37.5 37.3 37.7 37.5 38.2 37.6 
Non-agriculture (excl. petroleum) 0.4 0.3 0.3 0.2 0.8 0.3 0.2 0.3 0.3 0.3 
By ISIC sector           
Agriculture and fisheries 17.2 21.8 21.9 21.4 22.1 21.2 21.8 21.3 22 21.7 
Mining and quarrying 0 0 0 0 0 0 0 0 0 0 
Manufacturing 4.6 5.4 5.4 5.1 6 5.3 5.4 5.3 5.4 5.3 
   Manufacturing (excluding food processing) 0.2 0 0 0 0.7 0 0 0 0 0 
By HS section           
I Live animals & prod. 38.3 44.8 44.6 44.6 44.6 44.7 44.6 44.6 45.1 44.7 
II Vegetable products 21.2 27.4 27.6 27.1 27.6 26.4 27.6 26.9 27.8 27.1 
III Fats 7.6 12.1 12.2 10.8 10.9 12.2 11.7 11.9 12.3 12.1 
IV Prepared food etc. 29.0 36.5 36.3 29.6 34.2 35.6 35.9 35.8 36.1 35.6 
V Minerals 0 0 0 0 0 0 0 0 0 0 
VI Chemicals & prod. 0.8 0.8 0.6 0.6 0.8 0.7 0.6 0.7 0.6 0.6 
VII Plastics & rubber 0 0 0 0 0 0 0 0 0 0 
VIII Hides & skins 0 0 0 0 0 0 0 0 0 0 
IX Wood & articles 0 0 0 0 0 0 0 0 0 0 
X Pulp, paper, etc. 0 0 0 0 0 0 0 0 0 0 
XI Textiles & articles 1.2 0 0 0 3.5 0 0 0 0 0 
XII Footwear, headgear 0 0 0 0 0 0 0 0 0 0 
Table III.3 (cond't) WT/TPR/S/138 Trade Policy Review 
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 Average tariffs (%)  
GSP- 
ordinary 
Israel  
Jordan  
Macedonia  
Mexico  
Morocco  
Palestinian 
Authority   
Romania  Singapore  
Turkey  
XIII Articles of stone 0 0 0 0 0 0 0 0 0 0 
XIV Precious stones etc. 0 0 0 0 0 0 0 0 0 0 
XV Base metal & prod. 0 0 0 0 0 0 0 0 0 0 
XVI Machinery 0 0 0 0 0 0 0 0 0 0 
XVII Transport equipment 0 0 0 0 0 0 0 0 0 0 
XVIII Precision equipment 0 0 0 0 0 0 0 0 0 0 
XIX Arms and ammunition 0 0 0 0 0 0 0 0 0 0 
XX Miscellaneous manuf. 0 0 0 0 0 0 0 0 0 0 
XXI Works of art, etc. 0 0 0 0 0 0 0 0 0 0 
a For certain product categories (e.g. prepar ed food), the average rates of applied a nd preferential tariffs are not to be comp ared, 
because their calculation bases are different due to lack of data  for AVE estimates, mainly in the case of preferential tariffs .  
Source:  WTO estimates, based on data provide d by the Norwegian authorities.  
25. Tariffs on intra-EFTA trade in manufactured pr oducts were removed by 1966;  this was 
extended to fish and fish products in 1990.  Alth ough the EEA agreement does not cover agriculture, 
Norway grants preferential tariff treatment on a num ber of products (mainly fruit and vegetables), and 
an evolutionary clause ensures progressive mutual lib eralization of agricultural trade.  An agreement 
with the EU of 1 July 2003 extended duty-free treatment to a number of agricultural products 
(especially plants, fruit, and vegetables) and e xpanded various quotas.  Seasonal tariffs on some 
agricultural imports from EEA and EFTA countries ar e also lower than MFN rates (Table AIII.1).  
However, in aggregate, preferential tariffs on agri cultural products originating in EEA or EFTA states 
are only slightly below MFN rates.  Imports from third countries with which EFTA has free-trade agreements face a similar tariff structure, with preferential tariffs being at the zero rate for most manufactured goods, and slightly below or identical to MFN rates for agricultural products. 
26. Since accession to the EU on 1 May 2004 of the Czech Republic, Estonia, Hungary, Latvia, 
Lithuania, Poland, the Slovak Republic, and Sl ovenia their imports take place under the EEA 
agreement, replacing former individual agreements of these countries with EFTA.  Tariff preferences 
are granted to Greenland and the Faroe Islands pur suant to an agreement between Denmark/Faroe 
Islands and Norway of 28 August 1992.  
27. Norway's GSP provides for duty-free access of  most non-agricultural goods from beneficiary 
developing countries.
10  Non-agricultural goods that do not benefit from duty-free treatment include 
various finished textile and clothing products.  Duty-free treatment is also accorded to selected 
agricultural products and on the industrial component of some processed foodstuffs:  nuts, bananas, 
citrus fruit, grapes, and rice.   Various other ag ricultural products benef it from tariff reductions of 
10% to 50%:  grains, meat and meat products, and f eeding stuff (10%);  honey, some live plants, cut 
flowers, potatoes, pasta, jam, and juices (15%);  and certain oils and fats (50%).  For certain 
vegetables, tariff reductions are confined to certain months of the year.  Norway's GSP scheme does 
not contain a graduation mechanism.  
28. On 1 July 2002, Norway extended duty-free a nd quota-free market access to all products 
originating in least developed countries, subject to  a special safeguard mechanism for flour, grains, 
and feedingstuffs.  Eligible countries must be on the United Nations' LDC list.11  Botswana and 
Namibia have retained duty-free access for all products, except flour, grains, and feedingstuffs.  The authorities indicate that Laos, Tanzania, and Ug anda are the main users of this scheme. 
                                                     
 
10 Directorate of Customs and Excise (2004). 
11 The Norwegian authorities noted that a number of LDCs have not yet communicated their institution 
certifying proof of origin.   Norway WT/TPR/S/138 
 Page 33 
 
 
(iv) Other taxes and charges  
29. With the exception of customs tariffs, Norway  bound all other import duties and charges at 
zero. 
(a) Value-added tax (VAT)  
30. Norway applies a VAT on locally produced and imported goods and services.  On 
1 January 2001, the VAT rate was increased from 23% to 24% and, as of 1 July 2001, a reduced rate 
of 12% was introduced for food products.  In Janua ry 2004, a rate of 6%, applicable to passenger 
transportation and public broadcasting services, was a dded.  The sale and letting of real property, as 
well as health, social, educational, and financial services are exempt.  VAT is imposed on the c.i.f. 
value of imports plus the customs duties and taxes;   it is based on the ex-factory price of locally 
produced goods and services.   
31. Fiscal revenue from VAT and the investment ta x (levied on certain capital goods used in 
registered businesses, and abolished in Octobe r 2002) increased from NKr 114 billion in 1999 to 
NKr 128 billion in 2002 (Table III.4).  Over the sa me period, fiscal income from customs tariffs 
decreased from NKr 2,395 million to NKr 1,650 million. 
Table III.4 
Government revenue from duties and main excise taxes, 1999-03 
 Share in total tax revenue (%) Value (NKr million) 
  1999 2000 2001 2002 2003 1999 2000 2001 2002 2003 
Customs revenues 0.60 0.43 0.33 0.30 0.28 2,395 2,015 1,772 1,650 1,571 
Revenues from auctioning 
quotas 0.00 0.00 0.00 0.00 0.01 14 14 11 22 43 
VAT and investment tax 28.63 26.00 24.06 23.35 22.91 114,076 121,710 130,306 128,318 128,913 
Tax on spirit and wine 1.17 1.04 0.89 0.85 0.89 4,646 4,847 4,816 4,653 5,016 
Tax on beer 0.91 0.78 0.67 0.65 0.62 3,606 3,646 3,655 3,546 3,470 
Base-tax on non-reusable 
beverage packaging  0.07 0.04 0 0 0 261 165 0 0 0 
Tax on tobacco 1.67 1.48 1.31 1.27 1.20 6,644 6,914 7,110 6,975 6,760 
Purchase tax (vehicles) 2.18 2.06 1.86 2.23 2.27 8,705 9,629 10,073 12,248 12,750 
Annual tax (vehicles) 1.11 0.99 0.99 1.02 1.03 4,442 4,636 5,348 5,583 5,780 
Annual weight-based tax  
(vehicles) 0.06 0.06 0.06 0.06 0.05 226 273 342 314 299 
Registration tax (vehicles) 0.35 0.30 0.29 0.29 0.32 1,402 1,410 1,595 1,598 1,796 
Tax on petrol 2.43 2.09 1.63 1.55 1.54 9,666 9,762 8,843 8,530 8,664 
Tax on autodiesel 1.12 1.03 0.75 0.72 0.76 4,465 4,803 4,087 3,955 4,278 
Tax on marine motors 0.02 0.02 0.02 0.02 0.03 87 111 107 125 155 
Tax on electricity 0.82 0.90 1.13 1.11 0.98 3,267 4,205 6,137 6,072 5,504 
Tax on mineral oil 0 0.10 0.14 0.08 0.13 0 489 755 445 749 
Tax on lubricating oil 0.02 0.02 0.02 0.01 0.01 69 88 86 80 81 
Tax on CO 2 0.91 0.75 0.66 0.65 0.68 3,643 3,520 3,570 3,555 3,853 
Sulphur tax 0.09 0.02 0.02 0.02 0.02 344 117 131 83 94 
Tax on waste 0.11 0.10 0.09 0.09 0.09 442 484 472 498 501 
Taxes on trichloreten and 
tetrachloreten 0 0.00 0.00 0.00 0.00 0 5 9 6 6 
Tax on chocolate and sweets 0.20 0.17 0.16 0.16 0.16 785 789 855 864 920 
Tax on non-alcoholic drinks 0.22 0.19 0.18 0.17 0.17 878 882 959 943 937 
Sugar tax 0.06 0.05 0.04 0.04 0.04 227 230 226 206 231 
Tax on carbonated beverages 0.01 0.01 0 0 0 25 53 0 0 0 
Base-tax on non-reusable 
packaging  0 0.03 0.07 0.08 0.09 0 159 363 433 483 
Taxes on carton, plastic, 
metal, glass 0 0.03 0.03 0.04 0.03 0 176 182 187 210 
Document tax 0.75 0.59 0.54 0.58 0.58 3,006 2,750 2,926 3,190 3,259 
Tax on carrying aircraft 
passengers 0.30 0.28 0.26 0.09 0 1,200 1,298 1,428 517 0 
Table III.4 (cont'd) WT/TPR/S/138 Trade Policy Review 
Page 34 
 
 
 Share in total tax revenue (%) Value (NKr million) 
  1999 2000 2001 2002 2003 1999 2000 2001 2002 2003 
Tax on cassettes 0.01 0.01 0.00 0 0 48 35 -2 0 0 
Tax on radio and TV 
equipment 0.07 0.06 0.00 0 0 276 295 2 0 0 
Tax on telecommunications 0.01 0.13 0.06 0.02 0.02 32 610 310 109 89 
Total indirect tax revenues 43.93 39.76 36.27 35.43 34.91 175,024 186,133 196,477 194,704 196,474 
 
Source:  Information provided by the Norwegian authorities. 
(b) Excise duties, and environmental taxes 
32. Various manufactured products (most notably alcoholic beverages, tobacco, and vehicles) 
face high excise duties (Table III.5);  these are all sp ecific, apart from the document tax.  "Green 
taxes" apply on environmentally damaging chemicals,  and on beverage packaging.  Since Norway's 
last TPR, in 2000, the taxes on air passenger trans port, and radio and TV material have been 
abolished.  
Table III.5 
Main excise duties, 2004  
Duty Amount (NKr) 
Alcoholic beverages  
  Spirits and spirits-based coolers etc. above 0.7% volume of alcohol 5.54/litre 
  Other alcoholic beverages with less than 0.7% volume of alcohol 1.58/litre 
  Other alcoholic beverages between 0.7% and 2.75% volume of alcohol 2.47/litre 
  Other alcoholic beverages between 2.75% and 3.75% volume of alcohol 9.35/litre 
  Other alcoholic beverages between 3.75% and 4.75% volume of alcohol 16.18/litre 
  Other alcoholic beverages from 4.75% to 22% volume of alcohol 3.61/litre 
Tobacco  
  Cigars, and smoking tobacco 177/100 grams 
  Cigarettes 177/100 units 
  Snuff, and chewing tobacco 57/100 grams 
  Cigarette paper  2.70/100 units 
Vehicles  
  Motor vehicles category A (passenger car) 34.00 per kg. for the first 1,150 kg.;  68.00 per kg. for the next 250 kg.;  
136.01 per kg. for the next 100 kg.;  and 158.18 for any weight above.  
To this a tax of 10.04/cm3 for the first 1,200 cm3 must be added; 
26.28/cm3 for the next 600 cm3;  61.82 for the next 400 cm3;  and 77.23 
for the rest.  A tax of 131.33/kW for the first 65 kW;  479.00/kW for the 
next 25 kW;  958.30/kW for the next 40 kW;  and 1,621.68/kW for the 
rest must be added. 
  Motor vehicles categories B, C, D, and H  20%, 13%, 55%, and 40% of the duties for the corresponding vehicle in 
category A 
  Motor vehicles categories E, and J 36%, and 35% of value 
  Motor vehicles category F 9,029/unit.  To this 0/cm3 for the first 125 cm3 must be added;  31.02/cm3 
for the next 775 cm3;  and 68.00 cm3 for the rest.  A tax of 0/kW for the 
first 11 kW;  and 401.81/kW for the rest must be added.  
  Motor vehicles category G 12.73/kg. for the first 100 kg.;  25.45/kg. for the next 100 kg.;  and 
50.89/kg. for any weight above.  To this a tax of 2.66/cm3 for the first 200 
cm3 must be added;  5.30/cm3 for the next 200 cm3;  and 10.60/cm3 for 
the rest.  A tax of 33.93/kW for the first 20 kW;  67.85/kW for the next 
200 kW;  and 135.70/kW for the rest must be added.  
Petrol  
  Leaded;  and unleaded 4.80/litre;  and 3.96/litre 
Auto diesel  
  High sulphur content;  and low sulphur content  2.88/litre;  and 3.23/litre 
Marine engines 132.00/hp 
Electricity 0.0967/kWh 
Lubricating oil 1.59/litre 
Mineral products  
  Base-tax on heating oil Mineral oil:  0.405/litre 
  CO 2 tax Ordinary rate:  petroleum activity 0.76/litre;  mineral oil 0.51/litre;  petrol 
0.76/litre.  Reduced rate:  mineral oil 0.30/litre;  petrol 0.27/litre 
Table III.5 (cont'd) Norway WT/TPR/S/138 
 Page 35 
 
 
Duty Amount (NKr) 
  Sulphur tax  Ordinary rate:  mineral oil 0.07/litre.  Reduced rate:  mineral oil 
0.029/litre 
Landfills for waste  
  High environmental standard;  and low environmental standard 400/ton;  and 522/ton 
  Incineration plants Basic tax:  83/ton.  Additional tax:  250/ton. 
  Incineration plants by waste units Varies 
  CO 2 tax on incinerated waste 39.70/ton 
Tax on health- and environmentally damaging chemicals  
  Tax on trichloreten, and tetrachloreten 54.51/kg 
Tax on greenhouse gases HFC and PFC 183.24/ton Co 2 equivalent  
Chocolate and sweets 15.45/kg. 
Non-alcoholic beverages  
  Finished product 1.58/litre 
  Concentrate (syrup) 9.64/litre 
  Carbonate  64.00/kg. 
Tax on beverage packaging  
  Environmental tax on glass and metals;  plastics;  and carton 4.36/unit;  2.63/unit;  and 1.09/unit 
  Base tax on disposable beverage packaging 0.89/unit  
Sugar 5.99/kg. 
Document tax 2.5% of sales value 
 
Source:  Information provided by the Norwegian authorities.   
33. Norway's excise taxes make no distinction between imported and domestic goods.  Total 
revenue from excise duties was estimated at NKr 66.4 billion in 2002, about one third  of indirect tax 
revenue;  excise duties collected on imports were about NKr 61.5 billion. 
34. In recent years, cross-boarder shopping to Swed en has increased due to Norway's higher food 
prices and its high levels of excise duties on products  like alcohol and tobacco.  A further decrease in 
excise duties in Sweden, triggered by EC rules on imports of alcohol for personal use, could further increase downward pressure on Norwegian excise duties. 
(c) Control fees and foodstuff tax 
35. Agricultural products are subject to cont rol or inspection fees and a foodstuff tax.
12  Control 
fees are charged for specific controls carried out by the Norwegian Food Safety Authority;  they apply 
at various rates to feedingstuff, imported plants, organic food produced in Norway, imports and transit 
of live animals and animal products, drinking water,  and meat.  The fees are the same for imported 
and domestically produced goods. 
36. A food production tax is collected on all foods (exc ept water) at different rates.  It applies to 
raw materials produced in Norway for use in food;  to all imports of foods, semi-manufactured goods 
and raw materials for use in food.  Therefore, th e taxation base for imported goods is different from 
the base for locally produced goods. 
37. Products affected by both the inspection and the foodstuff taxes include ham, some dairy 
products, most vegetables, and preserved vegetables and fruit. 
(d) Duty and tax concessions 
38. Duty and tax concessions are provided under th e inward processing, outward processing, and 
the customs warehousing schemes (section 3(iv)).   
                                                      
12 The legal foundation is the Regulation relating to ta xes and fees for financing food administration, of 
28 January 2004. WT/TPR/S/138 Trade Policy Review 
Page 36 
 
 
(v) Import prohibitions, restrictions, and licensing 
39. Norway applies import prohibitions for envi ronmental, health, safety, sanitary and 
phytosanitary reasons.  Products banned for these r easons include asbestos and products containing 
asbestos;  products containing CFCs, halons, carbon te trachloride, methyl chloroform and other ozone 
depleting substances;  and some live plants and pl ants that host certain diseases.  The ban may apply 
to specific imports from specific countries.  Certain products are conditionally admitted into Norway (Table III.6).  Importation into Norway of speci mens and products listed in Appendix I of the 
Washington Convention (Convention on Internationa l Trade in Endangered Species of Wild Fauna 
and Flora, CITES) is prohibited, while imports of  specimens and products listed in Appendices II and 
III are permitted. 
Table III.6 
Types and scope of quantitative import restrictions, 2003/2004 
 No. of lines Value in 2002 
(NKr million) HS Chapter(s) 
Prohibited and restricted items    
Asbestos and products c ontaining asbestos 13 .. 25,68 
Products containing CFCs 61 .. 39, 44, 73, 74, 76, 84, 
86, 94 
Plants listed in Appendix II and III of th e Regulations relating to the import of 
plants and parts of plants, etc. to No rway, of 10 Septembe r 1998 (elm, conifers, 
chestnut, beech, poplar, prunus, oak, st rawberry, chrysanthemum, gerbera, 
berberis, plants host of fire blight, San José scale and sharka)a Undefined .. 06, 07, 08, 12 
Plants and parts of plants infected with those harmful organisms listed in 
Appendix IA and more than slightly infected with organisms listed in 
Appendix IB of the 1998 Regulations  Undefined .. 06, 07, 08, 10, 12 
Consignments of plants that have been refused entry to Denmark, Finland, or 
Sweden Undefined .. 06, 07, 08, 12 
Imports admitted conditionally    
Alcoholic beverages etc. 26 .. 22 (29) 
Cosmetics etc. cont aining alcohol 15 .. 33 
Products for animal feeding 142 .. 05, 07, 08, 10, 11, 12, 
17, 23 
Health control – veterinary or phytos anitary 181 .. 06, 07, 08, 09, 10, 12, 
25, 31 
Explosives, etc. 8 .. 36 
Weapons 24 .. 93 
Products for human consumption – health c ontrol Undefined  .. 01 to 23 + 25, 29, 30, 
35, 38 
Pharmaceutical products 71 .. 21, 28, 29, 30, 38, 40 
Soil, peat, animal manure, and bark  Undefined .. 25, 27, 31, 44  
Timber, wood and chips from elm, conifers, ches tnuts, beech, poplar, and oak Undefined .. 44, 94 
Genetically modified organisms Undefined .. 06, 07, 08, 12, 20 
Toys containing phthalates for childre n less than 36 months in age .. .. 95 
Plants and parts of plants  Undefined .. 06, 07, 08, 12 
Imports requiring a (non-surv eillance) licence 13 .. 02.56b 
.. Not available. 
a The ban applies to imports from all countries in the case of elm, strawberry, chrysanthemum, gerbera, berberis and mahoberber is 
 plants and parts of plants;  to imports from all countries outside Europe in the case of chestnut, beech, poplar, prunus, oak plants 
 and parts of plants, and conifer plants a nd some parts of plants;  and to imports of  timber, wood and chips of conifers from 
 Canada, People's Republic of China, Republic  of Korea, Japan, and the United States. 
b A licence is not required for goods of HS Chapter 56 origin ating in a country with which Norway/EFTA has a free-trade 
 agreement. 
Source:  Information provided by the Norwegian authorities. 
40. Norway applies automatic and non-automatic li censing to imports of certain agricultural 
products.  For surveillance purposes, automatic licensi ng is maintained on imports of flour, grains, Norway WT/TPR/S/138 
 Page 37 
 
 
and feedingstuff from LDCs.  Non-automatic licenc es are required for administration purposes of both 
MFN and preferential tariff quotas (Table III.7).  No n-automatic licences are main tained to administer 
60 tariff quotas on agricultural products, in cluding minimum access quotas resulting from the 
tariffication process during the Uruguay Round, other global quotas resulting from commitments 
predating the Uruguay Round, and bilateral quotas. 
Table III.7 
Tariff quotas applied by Norway in 2004  
HS heading No. Description of goods Quantity/value Reference 
Preferential quotas   
0101.1010, 
0101.9011, and 0101.9019 Horses 200 head EEA Norway-Iceland Agreement 
0204.00 Meat of sheep 600 tonnes EEA Norway-Iceland Agreement 
0206.4100 Livers of swine, frozen 250 tonnes Products originating in the EC 
0210.1100 Hams, shoulders and cuts thereof, with bone in 200 tonnes Products originating in the EC 
0406.00 Cheese and curd 60 tonnes 
4,000 tonnes EFTA Norway-Switzerland Agreement 
Products originating in the EC 
0407.0011, and 
0407.0019 Birds' eggs in shell, of the species Gallus domesticus 290 tonnes Products originating in the EC 
0511.9911, and 
0511.9921 Powdered animal blood 300 tonnes Products originating in the EC 
ex 0602 Azalea indica, cuttings without roots, pot plants w ith flowers  NKr 20 million Products originating in the EC 
0602.9061 (Condiaeum, Croton, Dieffenbacchia, Epipremnum, 
Scindapsus aureum, Hedera, Nephrolepis, Peperomia 
obtusifolia, Peperomia rotundifolia, Schefflera, Soleirolia and 
Helxine, also when imported as part of mixed groups of plants) from 1 May to 14 December NKr 4 million Products originating in the EC 
0602.9071 Gras in rolls or plates (lawn) NKr 4 million Products originating in the EC 
0705.1111, and 
0705.1121 Iceberg lettuce 600 tonnes Products originating in the EC 
0712.9011 Potatoes, whether or not cut or sliced, but not further prepared 300 tonnes Products originating in the EC 
0808.1011 Apples from 1 May to 1 August 2,000 tonnes Products originating in the EC 
0810.1023, and 
0810.1024 Strawberries, fresh, from 9 June to 9 September 300 tonnes Products originating in the EC 
0811.1001, and 
0811.1009 Strawberries, frozen, containing added sugar or other 
sweetening matter;  other strawberries 500 tonnes Products originating in the EC 
0812.1000 Cherries, provisionally preserved 100 tonnes Products originating in the EC 
ex 1209.2300 Fescue seed, for lawn 130 tonnes Products originating in the EC 
ex 1209.2400 Kentucky blue grass (Poa pratensis) seed, for lawn 150 tonnes Products originating in the EC 
1209.2500 Rye grass (Lolium multiflorum Lam., Loliu, perenne) seed 600 tonnes Products originating in the EC 
1214.9091 Hay 35,000 tonnes Products originating in the EC 
1506.0021 Bone fat, bone oil, and neat's foot oil 2,360 tonnes Products originating in the EC 
1518.0041 Linseed oil, boiled 100 tonnes Products originating in the EC 
1601 Sausages and similar products of meat, meat offal or blood;  
food preparations based on these products 200 tonnes Products originating in the EC 
1602.4910 Bacon crisp 250 tonnes Products originating in the EC 
1602.5000 Meatballs 150 tonnes Products originating in the EC 
2009.7100, and 
2009.7900 Apple juice of a Brix value not exceeding 20;  other apple 
juice 1,000 tonnes Products originating in the EC 
2102.3000 Prepared baking powder 160 tonnes Products originating in the EC 
2103.3009 Prepared mustard, containing 5% by volume or more of 
added sugar 160 tonnes Products originating in the EC 
2402.2000 Cigarettes containing tobacco 410 tonnes Products originating in the EC 
2403.9990 Other tobacco 280 tonnes Products originating in the EC 
0811.10.09 Strawberries, frozen, not containing sugar or other sweetening 
matter 1,400 tonnes EFTA agreements between Norway and 
countries acceding to the EC  
Table III.7 (cont'd) WT/TPR/S/138 Trade Policy Review 
Page 38 
 
 
HS heading No. Description of goods Quantity/value Reference 
0811.20.05, 
0811.20.06, and 
0811.20.08 Raspberries, blackberries, mulberries, loganberries, black-, 
white- or redcurrants and gooseberries, frozen, not containing 
added sugar or other sweetening matter 950 tonnes EFTA agreements between Norway and 
countries acceding to the EC  
1209.25.00 Rye grass seed 100 tonnes EFTA agreements between Norway and 
countries acceding to the EC  
2009.79.00, and 
2009.71.00 Apple juice 1,300 tonnes EFTA agreements between Norway and 
countries acceding to the EC  
2309.10.12 Cat food, containing meat or meat offal of land animals, put 
up for retail sale in airtight containers 1,000 tonnes EFTA agreements between Norway and 
countries acceding to the EC  
   GSP-quotas    
0409.00 Natural honey 192 tonnes National GSP regulation 
1602.50 Corned beef 200 tonnes National GSP regulation 
1602.50 Canned tongue 50 tonnes National GSP regulation 
1602.41 Canned ham 100 tonnes National GSP regulation 
2005.40 Canned peas 200 tonnes National GSP regulation 
2005.51 Canned string beans 100 tonnes National GSP regulation 
2002.51 Canned green beans 50 tonnes National GSP regulation 
2005.90 Canned mixtures of vegetables 150 tonnes National GSP regulation 
Minimum access quotas    
Chapters 02 and 
16 Meat to promotional fairs and product testing 25 tonnes WTO Agreement, national regulations 
ex 0202 Meat of bovine animals, frozen 1,084 tonnes WTO Agreement 
0203.2100 Meat of swine, frozen 1,381 tonnes WTO Agreement 
ex o204 Meat of sheep and goats (fresh, chilled or frozen) 206 tonnes WTO Agreement 
0207.2100 Meat of fowl of the species Gallus domesticus 221 tonnes WTO Agreement 
0207.2200 Meat of turkeys 221 tonnes WTO Agreement 
0207.2300 Meat of poultry ducks, geese, and guinea fowl 221 tonnes WTO Agreement 
0208.1000, 9030, 
9099 Meat of game 250 tonnes WTO Agreement 
0405 Butter 575 tonnes WTO Agreement 
0407.00.10 Hens' eggs 1,295 tonnes WTO Agreement 
0704.90 White and red cabbage  268 tonnes WTO Agreement 
0808.10 Apples See para. 42 
below GATT Agreement 
0808.20 Pears 250 tonnes GATT Agreement 
16.02.31 Turkey roll 20 tonnes WTO Agreement, EFTA-Israel 
Agreement 
 
Source : Information provided by the Norwegian authorities. 
41. Licences are required to administer, under preferential arrangements, tariff quotas on imports 
of "sensitive" agricultural products under trad e agreements concluded under EEA and EFTA and 
under the Norwegian GSP scheme (GSP quotas on eight  specific agricultural products from ordinary 
GSP beneficiary countries).13  Imports covered include mainly cheese, meat, meat products, and 
various vegetables.   
42. In general, quotas are allocated through auctioning.14  The ceiling for individual importers is 
50% of the total quota, except for importers of me at of game where the ceiling is 20%.  Under the 
GSP system, successful bidders are allocated up to 50% of the total quota, except for importers of corned beef and canned tongue where the ceiling is 50 tons.  GSP quota entitlements are allocated in 
                                                     
 
13 Preferential tariff quotas on imports from former accession countries were transferred to the enlarged 
EU on 1 May 2004.  A list of products subject to th e Norwegian GSP licensing sy stem is contained in WTO 
document G/LIC/N/3/NOR/2, 3 December 1997. 
14 Auction arrangements follow the procedures laid  down in a Royal Decree of 30 June 1995. Norway WT/TPR/S/138 
 Page 39 
 
 
advance of the quota year and valid until the end of the year.  Import quotas on cheese from the EU 
and EFTA countries are allocated on the basis of hist oric trade performance.  Import quotas on certain 
products from the EU, such as hay, are allocated on the principle of first-come-first-served.  On 
apples, quotas are allocated over three periods every year:  7,000 tonnes are allocated for 1 May to 
31 July;  750 tonnes for 1 August to 30 November ;  and 250 tonnes for 1 to 30 November.  Tariff 
quotas on pears (250 tonnes) are allocated for 11 A ugust to 30 November.  Following reductions of 
out-of-quota tariff rates to the in-quota level, tariff quotas are no longer maintained on meat of deer (HS 0208.90);  meat of elk (HS 0208.90);  potted, fl owering and decoration plants (HS 0602.99);  cut 
flowers (HS 0603.10);  and flowers in  bulbs (HS 0603.10).  There are no application fees or charges.  
Revenue collected from quota auctions was NKr 22 million in 2002 and NKr 43 million in 2003. 
43. The Ministry of Agriculture has delegated th e administration of tariff quotas on agricultural 
products and related licensing to th e Norwegian Agricultural Authority;  licences for imports of whale 
meat are issued by the Ministry of Fisheries;  and under the GSP scheme, the licensing system is 
administered by the Directorate of Customs and Excise, in accordance with Regulation No. 627 of 
30 June 1995.   
44. In general, tariff quotas are allocated in advance of the quota year, and the licences are valid 
throughout the year.  Exceptions are made for seasonal quotas for which import licences are valid 
throughout defined seasons.  Licences granted for du ty- and quota-free imports of flour, grain, and 
feedingstuff from LDCs are normally valid for a mi nimum of three months;  they may require the 
importer to document that the trade has taken pl ace, by presenting contracts or similar documentation. 
45. Under Act No. 32 of 6 June 1997 relating to the regulation of imports and exports, the 
Ministry of Foreign Affairs is authorized to lay down import licensing requirements and to issue 
licences for industrial products.  However, effective 1 January 2001, Norway eliminated all remaining 
quantitative restrictions on imports of textile products (fishing nets were the only item to the 
restriction at that time) under the WTO Agreem ent on Textiles and Clothing, and no industrial 
products have been subject to licensing requirements since that date. 
(vi) Contingency trade remedies 
(a) Anti-dumping and countervailing measures 
46. Norway has not carried out any anti-dumping or  countervailing duty investigations since its 
last TPR in 2000 nor introduced any changes in its anti-dumping or countervailing legislation.
15 
47. The Ministry of Finance is responsible for i nvestigations relating to anti-dumping measures.  
Once an investigation is completed, if the Ministry considers action justified, it will prepare an official 
proposal of measure;  the formal decision to in troduce anti-dumping (or countervailing) measures is 
taken by the Government (the King in Council) and subsequently reported to the Storting.  Decisions 
to impose an anti-dumping or countervailing duty or a safeguard measure may be challenged in court.  
The Advisory Anti-dumping Committee, which cons idered pending cases at the Ministry's request, 
was dissolved in 2001 as no requests had been made for a long period.  
48. Together with other WTO Members, Norway has submitted several contributions to the 
Negotiating Group on Rules.16  Against the background of continuing increased use of anti-dumping 
                                                      
15 See WTO (2000a) for details on the legislation.  
16 WTO documents TN/RL/W/6, 26 April 2002; TN/RL/W/10, 28 June 2002; TN/RL/W/18, 
4 October 2002;  TN/RL/W/28/Rev.1, 22 November 2002;  TN/RL/W/29, 15 November 2002;  TN/RL/W/46, 24 January 2003;  TN/RL/W/63, 12 February 2003;  TN/RL/W/76, 19 March 2003;  TN/RL/W/83, WT/TPR/S/138 Trade Policy Review 
Page 40 
 
 
measures, the contributions seek to clarify and improve various provisions of the Anti-Dumping 
Agreement and cover, inter alia :  duration of anti-dumping measures, facts available, constructed 
value, assessment of injury, price undertak ings, and review of anti-dumping orders. 
(b) Safeguard measures 
49. Norway has not taken or maintained any safe guard measures since its last TPR in 2000, nor 
has it initialized any investigations.  The genera l rules for imposition of safeguard measures are 
contained in Section 4 of the introductory provisions of the Norwegian Customs Tariff (customs-related safeguard measures);  they constitute th e legal basis for implementation of Norway's 
obligations under the WTO Agreement on Safeguards.
17  Requests for application of safeguard 
measures are examined by the Ministry of Finance and the Ministry of Foreign Affairs.  Decisions to 
impose measures are taken by the King in Council, after notification to and consultation with the 
Storting.  
50. To comply with its obligations under the WT O Safeguard Agreement, Norway introduced 
two amendments to Section 4 as from 1 January 2003.  These amendments provide for the authorization of an agreement with foreign count ries on compensation for the effects of a safeguard 
measure introduced by Norway;  and an explicit de finition of rebalancing measures that could be 
launched on the background of a foreign country's safeguard measure against imports from Norway. 
51. Following an increase in duty on imports of certain steel products by the United States, 
Norway proposed the suspension of its concessions on trade with the United States in accordance with 
Article 8.2 of the WTO Agreement on Safeguards.   The proposed suspension of substantially 
equivalent concessions and other obligations took the form of an additional duty of 30% on imports of 
twelve tariff items originating in the United Stat es (e.g. apples, wine, tobacco, and various steel 
products).
18  However, the suspension was not implemented as the U.S. safeguard duties were lifted in 
December 2003. 
52. In 1998, the Government decided that th e GSP scheme safeguard mechanism should be 
invoked if imports of duty-free beef from LDCs ex ceeded 2,700 tonnes. Similar decisions were made 
for each subsequent year to 2001.  Since 2002, only  imports of beef from Bo tswana and Namibia have 
been included in the 2,700 tonnes.  However, as  actual imports have remained within the set 
threshold, no safeguard action has been taken.  Furthermore, a special safeguard mechanism on duty-
free imports of flour, grains, and feedingstuffs from LDCs entered into force on 1 July 2002.  This 
mechanism has so far not been invoked. 
53. To date, Norway has not invoked the special sa feguard provisions of the WTO Agreement on 
Agriculture.  It has not made use of the transiti onal safeguard provisions under the WTO Agreement 
on Textiles and Clothing. 
                                                                                                                                                                     
25 April 2003; TN/RL/W/93, 2 May 2003;  TN/RL/W/104, 6 May 2003;  TN/RL/W/113, 6 June 2003;  
TN/RL/W/118, 12 June 2003;  TN/RL/W/199, 16 June 2003;  TN/RL/W/146, 11 March 2004;  and 
TN/RL/W/150, 16 April 2004. 
17 WTO document G/SG/N/1/NOR/3, 2 February 1996. 
18 WTO document G/SG/45, 21 May 2002. Norway WT/TPR/S/138 
 Page 41 
 
 
(vii) Standards and other technical requirements 
(a) Standards, testing, and certification 
54. Standards Norway (SN) is responsible for the overall management and coordination of 
standardization activities in Norway;  it is also  Norway's enquiry point under the WTO Agreement on 
Technical Barriers to Trade.  SN represents Norw ay in the European Committee for Standardization 
(CEN) and in the International Organization for St andardization (ISO).  Each year, SN adopts and 
publishes about 1,500 new voluntary Norwegian standa rds (NS).  They are established on the basis of 
national proposals as well as on European and other in ternational standards.  The proposals are made 
by SN's technical bodies.  The authorities noted that Norway's technical regulations were in line with 
international technical regulations and that no purel y national technical regulations existed.  At end-
2003, there were more than 12,500 NS in force.  Over 73% of these standards are common European 
Standards and are designated NS-EN.  
55. Norway is integrated through the EEA into the EU single market and must apply the latter's 
legislation, including technical regulations.  According to the authorities, there are only a few remaining substances where Norway has stricter pr ovisions than the EU, due to differences in opinion 
concerning risk assessment, in climate and soil char acteristics, and in consumption patterns.  For 
example, Norway's regulations are stricter for ba tteries (mercury and cadmium content), the use of 
asbestos, and classification and labelling of dangerous  substances, in particular with respect to 
carcinogenicity.  On health and environmental gr ounds, Norway maintains stricter regulations on 
pesticides and cadmium content in fertilizers containing phosphor with a view to reducing 
acidification of agricultural soils.   
56. Norway has concluded mutual recognition ag reements on conformity assessment procedures 
with Australia, Canada, New Zealand, and Switzer land.  It also recognizes certification from testing 
institutions in third countries that have been accred ited according to interna tional norms;  procedures 
regarding testing and certification depend upon the product.  The general principle is that the importer 
is responsible for the product and must be able to  prove to the authorities its conformity with the 
relevant requirements.  Technical regulations on imported goods are enforced both by customs and in 
the domestic market. 
57. Between 2000 and 2003, Norway made eight notif ications regarding technical regulations to 
the WTO Committee on Technical Barriers to Trade (Table III.8).  
Table III.8 
Notifications by Norway to the WTO Commit tee on Technical Barriers to Trade, 2000-03  
Norwegian Post and Telecommunication Authority  
Regulations on National Approval of Radio and Telecommunications Terminal Equipment, 16 February 2000 
Regulations on the Registration and Requirements Related to the Import and the Sales of Radio and Telecommunications Terminal E quipment, 
17 September 2001 
Norwegian Maritime Directorate 
Regulation No. 2 of 21 March 1977 concerning Welding Equipment, etc. for the Welding Gases Acetylene and Oxygen,   13 January 2 000 
Draft Regulation concerning Additional Requirements for Handling, Controllability, Equipment and Operational Requirements for H igh-Speed 
Passenger Craft of less than 4 meters, 18 April 2000 
Draft Regulation concerning Amendment to the Regulation of 23 December 1999 concerning Safety Management System for Passenger S hips, 
18 April 2000 
Draft Regulation concerning Amendment to the Regulation No. 700 of 15 September 1992 concerning Lifesaving Appliances on Passen ger 
Ships and Cargo Ships, 18 April 2000 
Draft Regulation concerning Amendment to the Regulation of 5 January 1998 concerning the Construction, Equipment and Operation of High-
Speed Craft used as Passenger Craft or Cargo Craft, 18 April 2000 
Mutual Recognition Agreements 
Agreement on Mutual Recognition in Relation to Conformity Assessment between Canada and the Republic of Iceland, the Principali ty of 
Liechtenstein and the Kingdom of Norway, 28 May 2001 
Source: WTO documents.  WT/TPR/S/138 Trade Policy Review 
Page 42 
 
 
(b) Marking, labelling, and packaging 
58. According to Annex II of the EEA Agreement, No rway must apply EC legislation concerning 
marking, labelling, and packaging in areas where this  has been harmonized at the EC level.  Marking 
and labelling are governed by the Act on Marking of  Consumer Goods of 18 December 1981.  The 
Act regulates the labelling of footwear, the noise level of household appliances, crystal glass, the fibre 
of textile products, and care of ne w garments made of textile produc ts.  In addition, the marking, 
labelling, and packaging of various other goods (e .g. foodstuffs, feedingstuffs, pharmaceuticals, and 
pesticides) are governed by sector-specific regulations. 
59. Norway participates in the Nordic Ecolabel , the "Swan", a voluntary eco-labelling scheme 
operational since 1990;  the Nordic Eco-labelling Board, under the Nordic Council of Ministers, 
coordinates this scheme.  Norway's participation is coordinated by Ecolabelling Norway, a foundation 
supported by the Government, but also partly fi nanced by eco-labelling fees.  Applicants for a 
labelling licence must pay an application fee of NKr 12,000 and an annual fee equivalent to 0.4% of 
the turnover of the labelled product in the respectiv e participating country, with an annual maximum 
of NKr 300,000.  As at December 2003, the total number of licences to use the swan (a licence can 
cover several products) was 1,016 for all Nordic countries and 76 for Norway.  The main product 
groups covered by the Swan are household detergen ts and other chemical products, tissue paper, 
printed matter, and printing paper.  Norway also participates in the EC ecolabelling system through 
the inclusion of the respective EC regulation in th e EEA Agreement.  The authorities noted that there 
was an increasing effort on international coopera tion in ecolabelling, most notably with the EU, 
Japan, and the Republic of Korea. 
60. The labelling of genetically modified organism s (GMOs) is regulated by the Act on Food 
Production and Food Safety of 19 December 2003.  All foods and feedingstuffs containing more than 
2% GMOs must be labelled accordingly.  Accordi ng to the authorities, the purpose of the labelling 
requirement is to meet consumer requests for in formation on whether the product has been derived 
from GMOs, thus enabling them to make an informed choice.   
(c) Sanitary and phytosanitary measures 
61. Norway has traditionally applied very strict borde r controls with a view to maintaining high 
animal and plant health standards.  The newl y created Food Safety Authority and the Customs 
Administration are in general responsible for ensu ring compliance with plan t health standards.  
Norway's national enquiry point on SPS issues is the Ministry of Agriculture. 
62. Since 1 January 2004, the Norwegian Food Safe ty Authority has been  the sole competent 
authority for the control of food and feed safety,  food and feed quality, environmentally sound and 
ethical production, and plant and animal (both terr estrial and aquatic) health along the entire food 
production chain.  The Authority represents a merger  of the Norwegian Animal Health Authority, the 
Norwegian Agricultural Inspection Service, the Norw egian Food Control Authority, the Directorate of 
Fisheries' Seafood Inspectorate, and local government food control authorities.  Food safety 
legislation is prepared by the Ministri es of Health, Agriculture, and Fisheries. 
63. Through Annex 1 of the EEA Agreement, sanitary  and phytosanitary regulations have largely 
been harmonized between the EU and Norway.  A new Act on Food Production and Food Safety 
(19 December 2003) entered into force on 1 January  2004.  The Act governs the entire food chain, 
including plant and animal health, and thus en compasses the so-called “farm and fjord to table” 
approach.  The Law replaces a number of previous legal instruments, most notably the Food Control 
Act, the Meat Production Act, the Quality Contro l Act on Fish and Fishery Products, the Animal Norway WT/TPR/S/138 
 Page 43 
 
 
Diseases Act, and the Feedingstuffs Control Act.   The Act was adopted primarily to simplify 
legislation in this area, and introduces no major ch anges;  it has yet to be notified to the WTO. 
64. New regulations by the Ministry of Agriculture  relating to plants and measures against pests 
became effective on 1 December 2000.  Their purpo se is to prevent the introduction or spread of 
regulated pests, to control or er adicate any outbreaks in Norway, and to safeguard the production and 
sale of plants of the best possible health and qualit y.  They are principally based on the EC regulation 
regarding plant health.  Imports of plants and ce rtain plant products, soil, peat, compost or animal 
manure are subject to a certificate issued by the plant inspection authorities of the exporting country;  the certificate must specify if disinfection or different chemical treatment has taken place.  To be 
allowed entry into Norway, animals and parts and products thereof, as well as plants and parts of 
plants for cultivation and propagation, must have been under official surveillance during the growth 
period.  Re-export certificates are required when the exporting country is not the country of origin of the plants or plant products.  A fee set at 1.8% of the customs value must be paid to cover expenses in 
connection with phytosanitary import controls (section (iv)(c)).  
65. The Norwegian Gene Technology Act of 2 Apr il 1993 regulates contained use and deliberate 
release of genetically modified organisms (GMO s).  The provisions of the Act correspond to EU 
directives 90/219 on the contained use of gene tically modified micro-organisms, and 90/220 and 
2001/18 on the deliberate release of genetically modified organisms.   A GMO approved in the EU 
does not require approval in Norway.  GMOs  may, however, be prohibited in Norway, even if they are approved in the EU, if they are found not to be  in compliance with the Act.  Since 1993, Norway 
has prohibited the import of eight EU-approved GMO products.  
66. Between 2000 and 2003, Norw ay submitted seven notifications to the WTO SPS 
Committee.
19  Six of these notifications were related to food safety and concerned draft regulations on 
maximum levels of pesticide residues in foodstuff;  imports of Spanish olive oil;  certain helva and 
tahini products;  maximum levels of polycyclic aromatic hydrocarbons in olive residue oil;  national 
minimum and maximum limits for v itamins and minerals in food supplements;  and approval of 
disinfectants, cleaning agents, and similar products fo r use in the food industry.  One notification was 
related to plant protection and concerned measures against pests. 
(viii) Other measures 
67. Norway applies the international trade sanctions adopted by the UN Security Council.  It does 
not have any countertrade arrangements.  In the defence industry, Norway requires offsetting 
cooperation agreements for contracts with foreign suppliers of above NKr 75 million.  It has no 
restrictions in place for balance-of-payments pur poses, and has never invoked Article XVIII:B of the 
GATT.  According to the authorities, there are no agreements limiting exports from foreign countries 
to the Norwegian market, and Norway maintain s no trade-related investment measures.   
68. Norway maintained reserve stocks for sugar, grain, and flour until 1 July 2003, when most 
stock requirements were abolished.  The authorities note that Norway's food security policy has 
shifted in recent years from keeping governmental reserve stocks to maintaining domestic production 
and a functioning distribution system.  However, stock requirements remain in place for Norway's northernmost parts.  These stocks are set to provide the calories needed for a population of 306,000 for ten days;  they currently consist of protein bi scuits, tinned fish, dried products, field rations, and 
flour.  The reserve stocks are established throu gh contracts between the Government and private 
enterprises. 
                                                     
 
19 WTO documents G/SPS/N/NOR/4, 25 August 2000 ;  and G/SPS/N/NOR/10, 19 September 2003.  WT/TPR/S/138 Trade Policy Review 
Page 44 
 
 
(3) MEASURES DIRECTLY AFFECTING EXPORTS  
(i) Registration and documentation  
69. Similar registration and documentation require ments apply to importers and exporters 
(section (2)(i)).  An export declaration is require d for all exports above NKr 5,000 for statistical 
purposes. 
(ii) Export taxes, charges, and levies 
70. In accordance with Act No. 9 of 27 April 1990 re lating to exports of fish and fish products, 
exports of fish and fish products are subject to a levy that varies between 0.2% and 0.75% depending 
on the species and the stage of processing.  This levy  is used to finance the activities of the Norwegian 
Seafood Export Council (NSEC).  In addition, exports of fish and fish products, except for fishmeal, 
oil, and canned fish, are subject to a levy of 0.3% for financing the Fishery and Aquaculture Industry Research Fund.  Until May 2003, a levy of 2.25% was in place on exports of salmon to the EU as part of the Salmon Agreement between Norway and the European Commission (Chapter IV(4)(ii)). 
(iii) Export prohibitions, restrictions, and licensing 
71. In accordance with the Conventio n on International Trade in Endangered Species (CITES) of 
Wild Fauna and Flora, Norway prohibits exports of  various endangered animal and plant species, as 
well as products thereof.  Norway also prohibits ex ports of hazardous waste (included on the EU's red 
and amber lists) to non-OECD countries.   Environmental controls on transboundary movements of 
hazardous waste broadly follow EC Council Regulation No. 259/93, and subseque nt EU regulations.  
Moreover, pursuant to the Cultural Heritage Act of 9 June 1978, cultural objects may not be exported 
without the consent of the Ministry of Culture a nd Church Affairs.  However, the Ministry has 
delegated this authority to a num ber of individual institutions.
20   
72. Norway requires licences for exports of arms and other "strategic" goods.  The system is 
administered by the Ministry of Foreign Affairs' Section for Export Control, and enforced by the Directorate of Customs and Excise.
21  Licences are also required for exports of minke whale 
products22, and exporters must be registered with the Ministry of Fisheries, whose Directorate of 
Nature Management is in charge of issuing the li cence.  Exports are only permitted to countries that 
grant import licences and that are able to carry out DNA tests on the products.  These tests make it possible to trace individual minke whales that have been taken as part of the Norwegian quota. 
73. Export licences are required for products classified as weapons, ammunition, and other 
military equipment (List I) and "d ual use products", which may have military as well as non-military 
applications (List II).  List I is compiled on a na tional basis but covers everything described by the 
Wassenaar Munitions List.  List II is a Norwegian version of the EU dual-use list.   Products not on 
                                                     
 
20 Pursuant to Regulation No. 1420 of 14 Decembe r 2001 concerning the prohibition of export of 
cultural objects, the following institutions may consent to  the export of cultural objects within their area of 
expertise:  Norwegian Armed Forces Museum;  National Museum of Art – Museum of Decorative Arts and 
Design;  National Library of Norway;  National Museum  of Art – National Gallery;  Norwegian Museum of 
Photography – Preus Fotomuseum;  Norwegian Mar itime Museum;  Norwegian Museum of Science and 
Technology;  Directorate of Cultural Heritage;  National Archives of Norway;  National Museum of Music and 
Musical Instruments – Ringve Museum;  Samiid Vuorka-Davvirat – The Sami Collections;  and University Museum of Cultural Heritage – Historical Museum. 
21 Act No. 93 of 18 December 1987 and Regul ations of 10 January 1989, as amended. 
22 Regulations Relating to the Exports of Minke Whales, issued by the Ministry of Fisheries on 
29 June 2001. Norway WT/TPR/S/138 
 Page 45 
 
 
Lists I and II, but used in the development, handling,  maintenance, storage, detection, identification or 
destruction of nuclear, chemical or biological we apons, or the development, production, maintenance 
or storage of missiles carrying such weapons, are also subject to an export licensing requirement, as are services related to military products. 
74. For products on List I, individual licences, granted to an exporter for a delivery, are required 
for exports to all countries.  Licences for goods on List II may be individual or general;  general 
licences are granted when there is a continuous expo rt flow of a specified good, and apply only to 
exports to countries that participate in all multilatera l export control regimes.  As a general rule, no 
licences are granted for exports to countries where th ere is a civil war or located in an area where 
there is war or the threat of war;  to which, on the basis of a careful assessment of their foreign and 
domestic policies, it is inadvisable to export arms and military equipment;  and to countries affected 
by a sanction adopted by the UN Security Council .  Weapons, ammunition, and certain types of 
military equipment may only be exported to the No rdic countries and member countries of NATO;  
however, the Ministry may also approve other countri es as eligible destinations for weapons exports.  
Countries that do not belong to these groups may no t receive weapons and ammunition, but licences 
may be granted for other military equipment. 
75. Documentation substantiating the end-user is generally required from the exporter.  
Exceptions include minor components shipped for fi nal assembly abroad in such a way that the 
finished product is not designated as Norwegian, a nd exports of dual-use goods  to the EU and other 
countries participating in all multilate ral export control regimes.  The end-user must specify the type 
of application and the address where the equipment will be used;  the importer must agree not to 
relocate or re-export the equipment without the co nsent of the Norwegian authorities.  Norwegian 
exporters must report exports of  defence material contained on List I, and related services. 
76. Norway participates in five multilateral export control arrangements:  the Australia Group (to 
prevent the spread of chemical and biological we apons);  the Missile Technology Control Regime;  
the Nuclear Suppliers Group;  the Zangger Committee (control of nuclear materials and related high 
technology);  and the Wassenaar Arrangement (cont rol of exports of conve ntional weapons and dual-
use products). 
(iv) Export subsidies, and duty and tax concessions for exports 
77. Norway grants export subsidies to various ag ricultural products, including bovine, swine, and 
lamb meat;  eggs and egg products;  butter;  ch eese;  and some processed agricultural products.  
Outlays in 2003 totalled NKr 319.5 millio n, down from NKr 582.8 million in 1998 
(Chapter IV(2)(ii)).
23  According to the authorities, the decr ease is mainly due to declining production 
levels. 
78. A system of tariff concessions for inward pr ocessing of agricultural products intended for 
export has been in place since 1995.  The system a llows for reduction or suspension of customs duties 
on condition that the processed goods are exported w ithin a time-limit specifi ed for each applicant 
(inward processing).  To benefit from the scheme, importers must obtain an authorization from the 
Norwegian Agricultural Authority before importation of the inputs.  An inward processing system is 
also in place for non-agricultural products.  Fo r these products, there is no need to obtain an 
authorization.  Permission for inward-processing may be  subject to payment of a deposit.  A system of 
drawbacks and customs warehousing (processi ng warehouse) for both non-agricultural and 
agricultural products also exists.   
                                                      
23 WTO document G/AG/N/NOR/40, 11 November 2002. WT/TPR/S/138 Trade Policy Review 
Page 46 
 
 
79. Norway does not have export-processing or free- trade zones.  With regard to the VAT, 
exports are zero-rated for duty and tax (on inputs) refund purposes.   
(v) Export finance, insurance, and guarantees 
(a) Export finance 
80. Eksportfinans ASA, the Export Credit Financ ing Scheme under the responsibility of the 
Ministry of Trade and Industry, provides credit fi nancing on CIRR (Commercial Interest Reference 
Rate) to foreign purchasers of Norwegian capital goods .  Credits are provided in accordance with the 
OECD Arrangement on Guidelines for Officially Supported Export Credit and the Understanding on 
Export Credits for Ships.  Eksportfinans is a join t institution of commercial banks and the Norwegian 
Government with the purpose of developing and offering competitiv e long-term financial services to 
export industries and the local government sector.  According to the authorities, the objective of the scheme is to match officially supported export cred its offered by other exporting nations, to enable 
Norwegian exporters to compete on equal grounds on price, quality, and technical solutions.  Loans 
may be extended for up to 85% of the contract value;  foreign components must not exceed 50% of 
the contract value.  However, the value of fo reign components may be as high as 70% in special 
situations when there is a possibility to pur chase the good locally.  In 2002, the programme was 
extended to include deliveries of domestic and e xported ships.  Home credits are only granted to 
domestic ship-owners if the ship is used for overs eas trade or in the offshore industry.  Subsidies 
granted through the scheme amounted to NKr 43. 6 million in 2002 and NKr 40.1 million in 2003, 
down from NKr 168 million in 1998.
24   
81. The scheme offering mixed credits for projects with high priority in developing countries was 
abandoned in 2002.  Credits allowed under this schem e contained a grant element, but were normally 
tied to purchases from Norway. 
(b) Export insurance and guarantees 
82. Under the Ministry of Trade and Industry, the Norwegian Guarantee Institute for Export 
Credits (GIEK) is a central governmental agency responsible for furnishing guarantees and insurance 
for export credits.  The primary objective of the Ins titute is to promote exports of Norwegian goods 
and services, and investment abroad by furnishing  guarantees that reduce the credit risk borne by 
individual exporters in transactions with foreign partners.  The scheme thus aims to enable Norwegian 
exporters to compete on price, quality, and techni cal grounds by counterbalancing similar schemes 
provided to foreign competitors.  Guarantees are available mainly to small and medium-sized 
enterprises (SMEs).  According to the au thorities, the related conditions are in accordance with the 
rules of the OECD Arrangement on Guidelines for Officially Supported Export Credits and the Bern Union Understanding.   
83. The guarantees cover up to 90% of commercia l risk and 100% of political risk.  The 
guarantee limit is NKr 40 billion.  The guarant ee scheme is operated under a no-gain no-loss 
approach.  In 2003, GIEK offere d new guarantees amounting to NKr 6.5 billion.  GIEK also assists 
the Norwegian Agency for Development Cooperation in operating a special scheme for exports to and 
investment in developing countries.   
                                                     
 
24 WTO document G/SCM/N/95/NOR, 17 July 2003. Norway WT/TPR/S/138 
 Page 47 
 
 
(vi) Export promotion and marketing assistance 
84. Innovation Norway, a state-owned company, w as established on 1 January 2004 and replaced 
the Norwegian Trade Council, the Government C onsultative Office for Investors, the Norwegian 
Industrial and Regional Development Fund, and the Norwegian Tourist Board.  It is in charge of 
export promotion and marketing assistance, internationali zation, and transfer of technology.  It is also 
responsible for marketing tourism in Norway.  I nnovation Norway employs more than 700 staff and 
has 38 international representations.  The public  allocations budgeted for Innovation Norway in 2004 
amount to NKr 295.1 million. 
85. The Entrepreneur Programme, under the responsib ility of the Ministry of Trade and Industry 
and through Innovation Norway, provides support to high-knowledge and technology SMEs with high 
export potential.  The programme partly covers costs incurred by companies for services obtained 
from Innovation Norway in connection with market r esearch, surveys, seminars, and training.  Total 
public payment amounted to NKr 12 million in 2 002 and 2003;  the same amount is budgeted for 
2004. 
86. The Norwegian Seafood Export Council (NSEC), est ablished in 1991, is an advisory organ 
for the Ministry of Fisheries in all questions re lated to seafood exports.  The activities of the Council 
and its seven international representations focu s on the marketing of Norwegian seafood, most 
notably through public relations work, market analysis, and the provision of market access 
information.  Since 1994, the NSEC has also been in charge of the domestic marketing of fish and 
seafood products.  It is funded by a statutory f ee on Norwegian fish and seafood exports;  its budget 
for 2004 is NKr 150 million.  
(4) MEASURES AFFECTING PRODUCTION AND TRADE  
(i) Incentives 
(a) Overview 
87. Norway operates state aid programmes and schemes with a view to promoting R&D 
activities, regional development, small and medium -sized enterprises, sustainable production and 
consumption, and specific industries.  The basic subs tantive provisions on state aid are in Article 61.1 
of the EEA Agreement;  they are comparable to th ose of Articles 87 and 88 of the EC Treaty.  The 
main rule is that public aid that distorts or thr eatens to distort competition and affects trade between 
EEA members is incompatible with the EEA agreemen t, with the exception of aid to agriculture and 
fisheries.   Before implementation, all state ai d is notified to the EFTA Surveillance Authority for 
approval. 
88. Table III.9 provides an overview of Norway's  support programmes;  additional information 
may be found in Norway's notification under th e WTO Agreement on Subsidies and Countervailing 
Measures.25  Total support amounted to NKr 14,627 million in 2002.  For the majority of the 
programmes, data showing the trade effects of the subsidy were not available.  According to the 
authorities, Norwegian legislation on support programme s was consistent with the EU legislation in 
this field.  
                                                      
25 WTO document G/SCM/N/95/NOR, 17 July 2003. WT/TPR/S/138 Trade Policy Review 
Page 48 
 
 
Table III.9 
Industry-wide and selected sector -specific support programmes, 2002 
(NKr million)  
Initiation 
year Expiry Type of programme/project Measure Estimated 
subsidy in 
2000 Estimated 
subsidy in 
2002 
  Research and development  743 591.3 
1994 .. Industrial research and devel opment contracts  Grant 58.3 59.0 
1968 .. Public research and devel opment contracts Grant 111.5 98.3 
1994 .. Industrial research and devel opment programmes  Grant 570.8 434.0 
1982 2001 Swedish-Norwegian Industrial Fund  Grant/Loan/Equity 2.4 - 
      
  Disadvantaged regions  997.2 963.5 
1987 .. Regional Development Grant Grant/Loan 756.2 773.5 
1987 .. Restructuring regions dependent on a single industry Grant 87.8 72 
1992 .. Norwegian Corporation for Industrial Estates and 
Development (SIVA) No direct grants to the 
enterprises  65.4 64 
1986 .. National programmes for regi onal development Grant 87.8 54 
      
  Small and medium-sized companies  260.8 174.3 
1993 .. Development grants Grant 175 110.5 
2001 .. Public Advisory System Services free or partly free 
of charge 85.8a 63.8a 
      
  Environment  493.5 670.825 
1990 .. Aid for development, and knowledge and 
information on sustainable production and consumption One-off investment grant 
to projects.  Financial support is given to some companies 36.1 38.425 
1991 2011 Guarantee and loan facility to the company 
responsible for hazardous waste Loan/loan guarantee Last amount recorded is for 1997:  
NKr 91 million 
2002 2005 The Energy Fundb Grant 381 479 
1998 2001 Norwegian Environmental Fund Loan with subsidized 
interest rate 76.4 153.4 
      
  Export promotion  123.077 94.542 
2002 .. Entrepreneur Programmed Reduced prices for the 
services of the Norwegian 
Trade Council 25 12 
1978 .. Export Credit Financing Sche me Interest rate support and 
currency risk alleviation 50 43.6 
1929 .. Export Credit Guarantee Guarantee 48.077 38.942 
      
  Specific industry sectors  331.908 1,520.3 
1990 2001 Contract Related Operating Aide Grant 1.464 1,149.8 
1992f 
1993g .. 
.. Exemption from/reduction of SO2 and CO2 taxes Tax concession 100 
66 84 
52 
1969 .. Press grant scheme  Grant 163.704 234.5 
1982 1989 Interest rate subsidies for the shipbuilding industry:  
Long term financing and construction loan Interest rate subsidy to 
ship owners and a construction loan subsidy 0.74 - 
  Fishery sector  147.82 73.33 
1964 .. Transport support Grant 32.9 26.4 
1964 2003 Support for specific fisheries  Grant No subsidies 
granted No record 
1986 1989h Interest rate subsidies for fishing vessels for 
domestic deliveries Interest rate subsidy and 
construction loan subsidy 1.62 0.93 
2002 2002 Contract subsidies and decommissioning grant Decommissioning grants - 20.4 
2000 2000 Contract subsidies and decommissioning grant Grant 95.7i - 
1989 .. Grant for purchase of vessels to the county of 
Finnmark and Nord-Troms District grant No aid No aid 
1964 .. Support to long-line baiti ng facilities Grant 11.7 12.11 
1964 .. Research fishery Grant 5.9 2.6 
  Forestry sector  283.8 242.4 
1965 .. Tax concessions in forestry:  the Forest Trust Fund, 
and the Five-year Average Tax Assessment Tax concession 70 66 
1971 .. Subsidies for forest management planning Grant 33.9 41.6 
1931 2003 Subsidies for afforestation and silviculture Grant 94.8 59 
1961 .. Subsidies for construction of forest roads Grant 67.3 62.2 
Table III.9 (cont'd) Norway WT/TPR/S/138 
 Page 49 
 
 
Initiation 
year Expiry Type of programme/project Measure Estimated 
subsidy in 
2000 Estimated 
subsidy in 
2002 
1976 .. National grant for envir onmental consideration when 
harvesting of round wood in difficult terrain Grant 9.4 6.5 
1976 .. Subsidies for round wood sale and transport in 
forestry  Grant 2.1 3.5 
1985 .. Subsidy for manual thinning Grant 6.3 3.6 
      
Memorandum:  Total support to industry  2,949.485 4,014.767 
  Support to agriculture, forestry and fisheries   10,663.12 10,612.63 
  Total support  13,612.605 14,627.397 
..  No expiry date. 
a  The figures include grants to the Natio nal Institute of Technology, the North Norwegian Institute of Technology and Innovati on, the 
Norwegian Design Counsel, and the Euro Info Centres.  
b  In January 2002, the Grant Programme for Introduction of New Energy Technology (started in 1979), and the Information and 
Education Measures in the Field of Energy Efficiency, were merged to form the Energy Fund.  The activities of the two schemes 
will continue under the new scheme.  
c  The expiry date was 1 January 2001, but the last payment was due in 2003.  
d  The Programme for Export Development in Small and Medium-s ized Enterprises (started in 1996) was renamed Entrepreneur 
Programme in 2002.  
e  The scheme replaced the Interest Rate Subsidies for the Shi pbuilding Industry:  Long Term Financing and Construction Loans.  
f  Coal and coke tax.  g  Mineral oil tax.  h  Some remaining interest rate subsidy payments are left.  
i  The figure is the total amount of grants  to decommissioning, and to contracting.  
 
Source:  WTO documents G/SCM/N/38/NOR, 25 August 1998;  G/SCM/N/71/NOR, 25 June 2002;  G/SCM/N/95/NOR, 
17 July 2003;  and G/SCM/N/ 95/NOR/Add.1, 1 October 2003.  
(b) Research and development schemes  
89. Research policy is under the overa ll responsibility of the Ministry of Research and Education.  
Norway has a number of R&D support schemes in pl ace, which include industrial R&D programmes, 
as well as industrial and public R&D contracts.  It also participates in the EU Framework Programmes, to which Norway contributed 2.1% of  the budget in 2004;  and in cooperation projects 
such as EUREKA and COST.  A new institution, the Nordic Innovation Center (NIC), replaced the 
Nordic Fund for Technology and Industrial Developmen t as of 1 January 2004.  NIC is a non-profit 
organization financed by allocations from the No rdic Ministerial Council.  Government support for 
industrial R&D activities was NKr 496.7 million in  2003, down from NKr 752.7 million in 1998.  
Total public R&D expenditure, including support for universities and research centres, was 
NKr 12,807 million in 2003;  for 2004, an amount of NKr 13,850 million is budgeted. 
90. A main objective of Norway's publicly sponsor ed industrial R&D programmes is to promote 
industrial innovation by encourag ing and supporting R&D activities, with a view to improving the 
international competitiveness of the economy.  The programmes are administered by the Research 
Council of Norway, with funding coming from a number of individual ministries.  Eligible R&D projects must include cooperation between several en terprises and R&D institutes, with priority given 
to projects suggested by SMEs.  Where private ente rprises are contractors, the subsidy is not allowed 
to exceed 50% of total project costs.  The bulk of pr ojects are in the field of basic industrial research 
and applied research.  Total public payment for these programmes was NKr 434 million in 2002;  the 
average subsidy for new grants was NKr 502,000. 
91. Industrial R&D contracts are restricted to SMEs  as partners in new business relations;  the 
subsidy component is limited to 35% of project costs.   The purpose of this subsidy, administered by 
Innovation Norway, is to stimulate product develo pment and build business networks.  Total public WT/TPR/S/138 Trade Policy Review 
Page 50 
 
 
payment for industrial R&D contracts amounted to  NKr 59 million in 2002 and NKr 61 million in 
2003;  the average grant was about NKr 1 million in both years. 
92. Public R&D contracts are agreements between a Norwegian enterprise and a public authority 
that asks for the development of a new product or process.  This subsidy aims to reinforce the 
capabilities of Norwegian industries to satisfy the needs of public entities and to improve the quality 
and effectiveness of services supplied by public entities through new technologies.  The maximum aid 
intensity is 35%, with an additiona l ten percentage points for SMEs a nd projects with basic industrial 
research.  Total public payment for industria l R&D contracts was NKr 98.3 million in 2002 and 
NKr 35.8 million in 2003;  the average subsidy pe r project amounted to about NKr 1.1 million in both 
years. 
93. A tax incentive scheme for R&D activities was estab lished for SMEs in 2002 and extended to 
all companies in 2003.  The schem e allows companies to deduct 18%  (20% for SMEs) of eligible 
R&D costs from their tax liability, with an upper limit of NKr 4 million per year (NKr 8 million for 
purchases of R&D services from approved R&D instituti ons).  The number of applications was about 
2,600 in 2002 and some 4,700 in 2003.  The approval rate is around 85%.  The scheme is 
administered jointly by the Research Council, In novation Norway, and the Directorate of Taxes.  
Total tax concessions granted under this sch eme amounted to NKr 750 million in 2002 and 
NKr 1,500 million in 2003. 
(c) Regional assistance 
94. Regional support schemes are administered by  the Ministry of Local Government and 
Regional Development;  day-to-day operations  are undertaken by Innovation Norway and 
16 municipalities.  Their main objective is to co ntribute to the development of permanent and 
profitable business in areas with special employme nt problems or a low level of economic activity, 
and to maintain the overall population pattern.  No rway's regional support schemes are administered 
in accordance with the EEA Agreement, and are notified to and subject to approval by the EFTA 
Surveillance Authority.  Four support schemes  are available to enterprises:  the Regional 
Development Grant, the Scheme for Restructur ing Regions Dependent on a Single Industry, the 
Norwegian Corporation for Industrial Estates a nd Development (SIVA), and National Programmes 
for Regional Development.  Expenditure for re gional assistance totalled NKr 963.5 million in 2002, 
up from NKr 838.2 million in 1998.  Support is g eared mainly to Norway's northern regions. 
95. The Regional Development Grant programme is available for enterprises located in assisted 
areas;  priority is given to enterprises with less than 100 employees.  Grants are provided for tangible 
investments in most sectors;  exceptions include agri culture, forestry, fishery, oil and gas exploration, 
and financial services.  Population density is th e main support criterion.  The assisted areas are 
divided into three zones.  The maximum aid intensity  is 25% of the investment costs in zone A (the 
least densely populated zone), 20% in zone B, and 10 % in zone C.  In addition, enterprises with less 
than 100 employees may obtain five percentage point s in zones A and B, and ten percentage points in 
zone C.  Total public payment under this programme was NKr 773.5 million in 2002.  
96. The Scheme for Restructuring Regions Dependent on a Single Industry is aimed at enterprises 
located in regions that are experiencing severe st ructural and financial difficulties.  Total public 
payment under this programme was NKr 72 million in 2002.   
97. The Norwegian Corporation for Industrial Estate s and Development has the primary objective 
of providing infrastructural support by offering industr ial real estate locations to SMEs.   Grants are Norway WT/TPR/S/138 
 Page 51 
 
 
primarily paid to manufacturing enterprises.  SIVA's budget for 2002 was NKr 64 million;  there were 
44 assistance projects. 
98. The National Programme for Regional Developm ent has a stated objective of stimulating 
industrial innovation by creating new structures a nd ways of collaboration between R&D centres and 
SMEs.  Grants are paid mainly to SMEs located in assisted regions.  Single enterprises may not 
receive support from this scheme unless they are i nvolved in a pluri-annual c ooperation programme of 
broader national interest.  Total payments unde r this scheme were NKr 54 million in 2002. 
99. As of January 2004, Norway replaced its system  of regionally differentiated social security 
taxation with a new and more limited regional aid scheme in order to comply with EEA State aid 
rules.  The former scheme was th e main instrument for regional aid in Norway.  The new scheme 
implies that undertakings that benefited from the former scheme will be charged reduced rates up to a 
maximum of € 33.333 per year.  The annual aid amount  for eligible undertakings, stipulated in the 
new scheme, is adjusted to be in accordance with the de minimis threshold in the EEA State aid 
legislation.  The northernmost counties of Nord-T roms and Finnmark are still exempt from social 
security taxation.   
100. To offset the lapse of the former regionally differentiated social security tax, Norway has 
implemented a new direct transport aid scheme.  The aim of this scheme is partly to offset the competitive disadvantages of enterprises in sparsely populated and peripheral areas due to additional 
transport costs.  Support is granted only to cover th e extra cost of transport of goods inside national 
boundaries, and calculated on the basis of the most economical transport mode.  
(d) Assistance to small and medium-sized enterprises 
101. Innovation Norway administers a nationwide innovation scheme aimed at increasing the 
efficiency of SMEs.  The scheme includes loans, gua rantees, and grants, and is available to enterprises 
in all sectors except for financial services, shipping,  and oil and gas explora tion.  Payments cover up 
to 50% of costs under the notion of "soft aid"
26;  up to 35% of costs eligible for applied research and 
development projects;  and up to 7.5% of physical  investment (15% for small enterprises).  Larger 
companies are only allowed a maximum aid intensity of 25% to R&D projects or subsidy up to 
€ 50,000 in respect of one defined category over a three-year period.  Total payments under this 
scheme amounted to NKr 296.8 million in 2003. 
102. The Public Advisory System is aimed at tran sferring competence and knowledge to SMEs in 
all sectors.  Under the overall responsibility of the Ministry for Trade and Industry, the system is 
administered by:  the National Institute of Tec hnology (TI);  the North Norwegian Institute of 
Technology and Innovation (VINN);  the Norwegia n Design Council (ND);  and Euro Info Centres 
(EICs).  While the TI and VINN provide SMEs with technical competence and knowledge, EICs 
disseminate information about the EU's internal  market and the EEA agreement.  The subsidy 
generally takes the form of a consulting service pr ovided free or partly free of charge.  In 2003, the 
grants given to the institutions to provide th ese services were:  NKr 20 million for the National 
Institute of Technology;  NKr 19.2 million for the North Norwegian Institute of Technology and Innovation;  NKr 12 million for the Norwegian Desi gn Council;  and NKr 3 million for Euro Info 
Centres.  As of 2004, no more public support is  granted to the National Institute of Technology. 
                                                     
 
26 Costs must, inter alia , meet one-off requirements of up-to-date knowledge in various fields or be 
related to establishing network cooperation.  Costs rela ted to physical investments and operating aid are not 
covered. WT/TPR/S/138 Trade Policy Review 
Page 52 
 
 
(e) Assistance for environmental improvement 
103. Norway conducts various programmes to s upport enterprises engaged in environmental 
improvement.  Aid for Development of Knowledge  and Information on Sustainable Production and 
Consumption is a programme aimed at promoti ng information and capacity building for more 
sustainable production and consumption patterns,  including waste reduction and recycling.   
Assistance takes the form of one-off investment grants to projects, and is available to all enterprises.  
Payments under this programme amounted to NKr 38.4 million in 2002 and NKr 33.4 million in 2003.  
For 2004, NKr 28.7 million is budgeted.   
104. Through the Guarantee and Loan Facility to the Company Responsible for Treatment of 
Hazardous Waste, Norsk Avfallshandtering AS is  granted a loan on commercial terms of up to 
NKr 100 million and a free guarantee for up to 55%, or a maximum of NKr 250 million for its external loans, to reduce the ri sk related to building and opera ting a plant for treating hazardous 
waste.  Total loans amounted to NKr 31 million in  1997.  No payments have  been made under this 
scheme since 2002;  existing guarantees amounted to NKr 135 million in 2003.  
105. The Energy Fund  has as a primary objective to save en ergy and encourage environmentally 
friendly energy production.
27  The Fund, under the responsibility of the Ministry of Petroleum and 
Energy, provides grants for projects in energy saving, renewable sources of energy, new energy 
technologies, and information and education measures in the field of energy efficiency.  The grant takes the form of investment support for energy saving systems and development of renewable energy 
sources, initial investment aid for new energy tech nologies, and support to information and education 
measures.  All types of companies in all sectors and from all regions may a pply for support.  The 
Fund's budget in 2002 was NKr 479 million. 
106. The Norwegian Environmental Fund (SMF),  a subsidized loan scheme under the 
responsibility of the Ministry of Environment, w as operational until April 2004.  Its objective was to 
stimulate companies to invest in or develop more environmentally friendly technologies in order to reduce emissions of greenhouse gases and other harmfu l emissions.  Interest rate subsidies in 2002 
and 2003 amounted to NKr 0.8 million respectively.   For 2004, an amount of NKr 0.2 million is 
budgeted. 
(f) Risk capital schemes 
107. Innovation Norway administers two seed cap ital arrangements which contain support 
elements.  Between 1997 and 2000, NKr 390 million in  loans and NKr 97.5 million in loss-funds were 
allocated to one nationwide and five regional seed  capital investment companies on condition that 
private investors matched the loan with equity capita l.  The investors pay a NIBOR-based interest rate 
plus a spread of 3%.  Three of the funds in the sch eme were still investing in  new firms as at June 
2004. 
108. Four new regional seed capital investments companies were approved by the Storting in the 
budgets for 2003 and 2004.  These schemes are endowed with NKr 800 million in loans and 
NKr 200 million in  loss-funds.  The interest rate for the investors has been reduced to NIBOR plus 
1%.  The four new funds are expected to become operational in 2005. 
                                                     
 
27 The previous schemes, Grant programme for introduction of new energy technology, and 
Information and education meas ures in the field of energy efficiency, were merged to form the Energy Fund on 
1 January 2002.  The activities of the two schemes are continuing under the new programme. Norway WT/TPR/S/138 
 Page 53 
 
 
109. Argentum, a state-owned investment compan y established in 2001, makes investments in 
venture capital funds on a commercial basis from a capital base of NKr 2,450 million.  Argentum aims, through its investments, to facilitate access to international ve nture capital, and to be a driving 
force in the development of an internationally co mpetitive private equity environment in Norway.  
Argentum invests through either established or new fund management structures. 
(g) Assistance to specific industries 
110. Industry-specific assistance is available most not ably to agriculture, fishery, forestry, and 
ship-building.   
111. In accordance with EU Council Regulation 1177/2002 of 27 June 2002 and the subsequent 
change of the EEA Agreement of 6 December 2002, Norway established in March 2003 a temporary 
subsidy scheme for the shipbuilding industry, especi ally for construction of container ships and 
product, chemical, and LNG tankers.  The scheme, wh ich is operated by Eksportfinans ASA on behalf 
of the Ministry of Trade and Industry, is set to be  terminated on 31 March 2005.   The subsidy rate is 
6% of the contract amount, and competition from a Kor ean yard is required in order to be entitled to 
support. 
112. Until December 2003, the contract-related operati ng aid programme provided grant to ship-
builders, calculated as a percentage of the contract price of the ship.  The subsidy rates were 9% for new ships worth more than € 10 million, and 4.5% for new ships of a value less than € 10 million and 
for conversions.  The scheme was under the responsib ility of the Ministry of Trade and Industry and 
operated through Eksportfinans ASA;  it covered new ships greater than 100 gross tons and 
conversions greater than 1,000 gross tons.  Total payments under this scheme were 
NKr 1,149.8 million in 2002.  The scheme replaced the programme Interest Rate Subsidies for the 
Shipbuilding Industry – Long Term Financing and Construction Loans, which expired on 
1 January 2001.  The authorities assume that th e subsidy scheme has corrected the competitive 
distortions Norwegian yards have faced vis-à-vis  foreign yards.  
113. The Exemption  from/Reduction of SO
2 and CO 2 Taxes programme, administered by the 
Ministry of Finance, consists of CO 2 and SO 2 tax concessions for the pa per and pulp and fish-flour 
industries.28  In addition, some sectors, such as international shipping and air transport, are not subject 
to the CO 2 and SO 2 taxes.  The stated purpose of the scheme is to avoid an undesirable worsening of 
the concerned companies' competitive position.  A CO 2 tax on coal and coke, with exemptions for the 
cement and leca industries, was abolished in 20 03.  Revenue losses in 2002 resulting from the tax 
concessions amounted to NKr 39 million for the paper and pulp industry, NKr 13 million for the fish 
flour industry, and NKr 84 million fo r the cement and leca industries. 
114. The Press Subsidies programme is aimed at pr omoting and maintaining a diversified press.  
Newspapers, with three or more issues per week and an average circulation of between 2,000-6,000 copies, can apply for the subsidies, also  granted to newspapers in an unfavourable market 
position and with an average circulation of up to 80 ,000.  The amount of the subsidy is calculated on 
the basis of the individual newspaper's annual circulation. 
115. Additional assistance programmes exist for th e agriculture sector, including fishery and 
forestry.  In the case of fi sheries, specific support (under a ll the programmes) amounted to 
                                                     
 
28 The CO 2 tax is imposed as an excise duty on mineral oil at a general rate of NKr 0.50 per litre;  the 
SO 2 tax is NKr 0.07 per 0.25% sulphur content and per litre.  For the paper and pulp industry the CO 2 tax is 
50% of the general rate, i.e. NKr 0.25 per litre in 2003;  for the fish-flour industry, as well as for national air and 
maritime transport, it is NKr 0.29.   WT/TPR/S/138 Trade Policy Review 
Page 54 
 
 
NKr 72.3 million in 2002 and NKr 64.5 million in 2003.  Assistance to the forestry subsector 
totalled NKr 242.4 million in 2002, while domestic s upport to other agricultura l subsectors reached 
NKr 10.7 billion in 2001, up from NKr 10.38 billi on in 1998.  The support programmes for these 
subsectors are detailed in Chapter IV.   
116. Industrial enterprises pay a reduced electricity tax.  Energy-intensive industrial processes, 
such as electrolysis, are exempt from this tax (Chapter IV(6)).   
(ii) Competition policy and price controls 
117. A new Competition Act (Act No.12 of 5 Marc h 2004) entered into force in May 2004, 
together with a set of secondary regulations.29  Other legal instruments related to competition policy 
are the Price Policy Act (Act No. 66 of 11 June 19 93) and Act No. 34 of 21 June 2002 on Sale of 
Consumer Goods.  The legislation is based on EEA competition rules.30  The Norwegian Competition 
Authority, which is under the Ministry of Labour a nd Government Administrati on, is responsible for 
supervising competition in the various markets and for enforcing the requirements of the Competition 
Act.  The Act applies to all sectors, including state-owned enterprises.  However, it exempts 
agriculture, fisheries and forestry from the genera l rules against price-fixing and market-sharing 
arrangements between undertakings.   
118. The main objective of the new Competition Act is to further harmonize Norwegian 
competition rules with EU and EEA rules.  It prohibits abuse of dominant market position and 
agreements that restrict competition.  Its provisi ons are far more comprehensive than those of the 
previous Competition Act, and the tasks of the Competition Authority are more focused on 
enforcement.  It also includes some  changes in the rules on merger c ontrol, most notably a notification 
system.  The Competition Authority may prohibit concentrations that would create or strengthen significant restriction to competition.  Furthermore, the Authority has the power to impose administrative fines against violations of the Act.  Companies or individuals that cooperate with investigators may have their fines or punishment reduced in a leniency programme.   
119. During 2000-03, the Competition Authority handled over 300 cases of collusion as well as 
transgressions of or exemptions from the prohibitions of the Competition Act, mergers and 
acquisitions, and restraints of competition (T able III.10).  In 2003, the Competition Authority 
conducted dawn raids in four cases;  about 25 cartel cases were handled formally.  One infringement 
of the Competition Act was reported to the Nationa l Prosecutor (Økokrim).  The Competition Act, the 
Competition Authority may impose fines or imprisonme nt of up to six years, but so far prosecution 
has only resulted in fines. 
                                                     
 
 29 These regulations are:  Royal Decree of 5 March 2004  on the endorsement and entry into force of the 
Competition Act;  Royal Decree of 16 April 2004 on the delegation of the King's authority (pursuant to the 
Competition Act No.12 of 5 March 2004) to the Ministry of Labour and Government Administration;  Royal 
Decree of 23 April on exemptions to provisions on coop eration in the Competition Act etc. in the areas of 
agriculture and fishing;  Regulation of 28 April 2004 on notification of company mergers (among others) 
adopted by the Ministry of Labour and Government Administration;  and Regulation of 28 April 2004 amending 
supplementary regulation to the general fund for price regulation of the Directorate of Price Control. 
30 A new EEA Competition Act is expected to ente r into force in autumn 2004.  The Act empowers 
national competition authorities to enforce Articles 53 and 54  of the EEA Agreement.  Both articles are identical 
to the competition rules in the EC treaty, specifying anti-competitive conduct and abuse of a dominant market position. Norway WT/TPR/S/138 
 Page 55 
 
 
Table III.10 
Cases handled by the Norwegian Competition Authority, 2000-03 
 2000 2001 2002 2003 
Illegal collusion 101 50 99 59 
Exemptions from prohibitions 147 113 72 42 
Interventions in anti-competitive practices 74 65 79 62 
Mergers and acquisitions 39 27 36 30 
Source: Norwegian Competition Authority (2003), Annual Report 2002 . 
120. Consumer protection falls under the Sale of C onsumer Goods Act.  The authorities indicate 
that the Act is partly based on EU Directive 1999/ 44/EC aimed at strengthening consumer protection 
and harmonizing relevant rules in the member states.   The Act deals with issues such as lack of 
conformity of goods with the contract, and remedies  available to the consumer in case of breach of 
contract. 
121. In order to promote price developments that ar e considered socially justifiable, the Price 
Policy Act No. 66 of 11 June 1993 authorizes the King, to impose maximum or minimum prices.  However, this provision has never been used.  
122. Norway has been among the proponents of a mu ltilateral framework for competition policy.  
In the Working Group on the Interaction between Tr ade and Competition Policy, Norway stated that 
its experience over 40 years had shown that a c ountry did not necessarily need to have a strong 
national competition law in order to enter into a legally binding intern ational agreement on 
competition.
31  For developing countries, a multilateral framework could help them to prevent 
international companies from harming their develo pment prospects by engaging in anti-competitive 
practices.32 
(iii) Government procurement 
123. Norway is party to the Government Procurement Agreement (GPA).   Its GPA contact point 
is the Ministry of Industry and Trade, which is  also responsible for the implementation of the 
Agreement.   
124. Public procurement in Norway is regulated by  the Public Procurement Act No. 69 of 16 June 
1999 (in force as of 1 January 2001);   the Regula tion on Public Procurement of June 2001;  the 
Regulation on the Public Procurement Review Boar d of 15 November 2002;  and the Regulation on 
Procurement Procedures of Entities Operati ng in the Water, Energy, Transport and 
Telecommunications Sectors of 5 December 2003.  This legislation has replaced the various legal 
instruments described in Norway's previous TPR.33   
125. As in previous legislation, the Public Procur ement Act and the relate d regulations transpose 
EEA directives and the GPA into Norwegian national legislation.  The main reasons for introducing 
new legislation were to ensure a non-discrimin atory and efficient legal framework for public 
procurements in general (includi ng procurements below EEA/GPA thresholds), to commit procuring 
                                                      
31 WTO document WT/WGTCP/CP/M/11, 15 September 2000. 
32 WTO document WT/WGTCP/CP/M/12, 8 November 2000. 
33 Public Procurement Act No. 116 of 27 November 1992; the Public Supplies Regulation of 
4 December 1992;  the Public Services  Regulation of 1 July 1994;  the Pu blic Works Regulation of 4 December 
1994;  and the Regulation of Procurement Procedures of  Entities Operating in the Wa ter, Energy, Transport and 
Telecommunications Sector of 16 December 1994. WT/TPR/S/138 Trade Policy Review 
Page 56 
 
 
entities to take into consideration environmental and lifecycle cost, to establish a review board for 
public procurement, and to reduce the total number of regulations. 
126. Norway's public procurement regime provides for non-discrimination and national treatment 
in purchases of goods, services, and works contracts for EEA members and parties to the GPA.  Any 
undertaking established in a country party to the GPA, the EEA Agreement, or EFTA's free-trade 
agreements with third countries is provided equa l treatment.  Firms from other countries may also 
participate, but have no challenge rights under No rwegian procurement regulations.  The Public 
Procurement Act and related regul ations apply to procurement by the central state, counties, 
municipalities, and bodies governed by public la w, and cover procurement by public supply 
enterprises and private enterprises th at have been given special rights (concessions) by the authorities 
in specific utilities sectors.  The national oil compan y, Statoil, is covered, but it may use special 
procurement rules in accordance with the EU Utilities Directive (93/38/EEC). 
127. Regardless of the procurement procedure, the criteria on which contracting authorities base 
the award of contract must be either the lowest pr ice or the most economically advantageous tender.  
Criteria that may be taken into consideration when  determining the most economically advantageous 
tender include price, delivery date, running costs, cost  effectiveness, and quality.  All criteria must be 
listed in the contract notice or in the contract documents.  Technical standards applied in the 
procurement process must be based on international st andards, if possible.  Discriminatory technical 
specifications may not be used to ta ilor contracts for any supplier.   
128. Procurement falling under the GPA or the EEA Ag reement must be published internationally, 
except for direct tendering.  Tenders are advertised in the Official Journal of the EC  (OJEC) and in 
the database Tenders Electronic Daily  (TED).  Public agencies must also publish a general overview 
over planned purchases of goods and services that exceed certain thresholds, as well as general 
information on any major building and construction projects to be undertaken.  Awards must be advertised no later than two months after taking place, through a published notice in an official 
EU/WTO language.  Contracting aut horities in the utilities sector are not obliged to state the contract 
value in post-contract award notices;  authorities in the rest of the public sector may postpone the 
publication of the contract value only to guard commercial interest.  
129. While public sector suppliers must publish a no tice for every intended contract, procuring 
agencies in the utilities sector may u se a permanent list of suppliers.  Procuring entities in the utility 
sector may advertise their qualification requirement s for all tenders through a single annual notice;  
procurement falling within these qualification re quirements is not announced individually.  
Information on advertised contracts is also available in the national TED.
34  Every procurement above 
NKr 200,000 (excluding VAT), with some minor excepti ons, has to be published in the national TED.  
Any interested service provider may register to rece ive e-mails automatically for a chosen type of 
procurement notice.   
130. The contracting authority can choose between  open and selective tender procedures.  In 
selective tender procedures, the number of potential s uppliers may be limited to a minimum of five 
participants.  Any firm can request to be invited to  tender, but only the candidates selected are sent the 
tender documents and invited to bid.   Suppliers must be selected on a contract-by-contract basis.  
Permanent lists of suppliers are not allowed, except for utilities. 
131. Entities in the utilities sector may choose betwee n open or selective tender or negotiated 
tender procedure with prior notification.  Negotiate d tender procedures may only be used when:  there 
has been an unsuccessful tender;  the nature of th e works or services does not permit overall pricing;  
                                                      
34 Online at:  http://www.doffin.no. Norway WT/TPR/S/138 
 Page 57 
 
 
the nature or type of services makes specifications  for tendering impossible; or for research and 
development.  When these procedures are used, th e contracting authority negotiates freely with 
previously selected suppliers on the basis of thei r offers.  In the case of services, procuring entities 
may organize design contests, with prior notice, a nd may engage in negotiated procedures with the 
winner.  Direct purchasing without any prior notifi cation is only allowed in exceptional cases when 
the procurement cannot be postpone d and the contracting authority could not foresee the state of 
urgency, or if only one vendor can provide the pr ocurement in question due to artistic reasons or 
intellectual property rights. 
132. Appeal procedures, triggered by an alleged breach  of procurement rules, are open to suppliers 
established in an EEA/GPA country.  At the national le vel, the supplier is generally expected to take 
up the matter directly with the entity concerned, but may also bring the issue before a district court of 
justice.  The court has the power to investigate a nd intervene in procurement cases, and to suspend or 
set aside a decision made by the contracting author ity;  it also has the power to award damages.  
Complaints about an alleged breach of rules or re quests for a general review of procedures may be 
forwarded to the EFTA Surveillance Authority, which may then request the EFTA Court to deal with 
the case.  
133. Suppliers may choose to file a complaint with the Public Procurement Review Board, which 
was established in January 2003 and functi ons as an independent complaints board.35  It consists of 
public procurement specialists and provides an  expert opinion on compliance of a specific 
procurement with the procurement legislation.  In co ntrast to ordinary courts, the Board has no legal 
authority to impose its conclusion.  However, it is entitled to claim all tender documents and 
correspondence.  In 2003, 265 complaints were file d.  The Review Board found a possible breach of 
the procurements rules in about one third of the ca ses.  The authorities indicate that practically all 
contracting institutions showed willingness to corr ect errors and to improve their procurement 
routines if required by the Board.  
134. Total government purchases of goods and ser vices, were NKr 169.3 billion in 2001 and 
NKr 179.6 billion in 2002, the last ye ar for which data were available.36  In addition, state-owned 
enterprises purchased goods and services for NKr 33.5 billion in 2001 and NKr 41.6 billion in 2002.  
Norway has notified the WTO that government procurement under the GPA covered 259 contract 
awards with a total value of NKr 7.5 billion in 2001, down from NKr 11.9 billion in 1997 (Table III.11).  Both the number and the value of contracts under the GPA were lower than in 1997, 
mainly due to a reduction in the number and value of supply and utilities contracts.  Most contracts 
have been awarded to Norwegian suppliers.  Accord ing to the authorities, however, the apparently 
high number of Norwegian suppliers is misleading as it includes suppliers that are subsidiaries of 
foreign companies or agents for foreign suppliers.
37  The main foreign suppliers were located in 
Sweden and Denmark.  Supply contracts accounting for over 80% of the procurement value in 2001 
were awarded through open procedures;  some 13%  were awarded using nego tiated procedures.  In 
the procurement of services, negotiated procedures were used in 62% of the total value of the 
contracts.  
135. The Committee on Government Procurement revi ewed Norway's previous legislation on 
public procurement in June 2001.38  Norway replied to questions asked by Canada and the United 
States.    
                                                      
35 The board's annual report is available online at:  http//: www.kofa.no. 
36 Detailed statistics for 2002 and 2003 are expected to be available in autumn 2004.  
37 WTO document GPA/70/Add.1, 28 November 2002. 
38 WTO document GPA/53, 18 June 2001. WT/TPR/S/138 Trade Policy Review 
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Table III.11 
Government procurement statistics, 2001 
 2001 
 Number of  
contracts % Value of contracts 
(NKr million)  % 
Supply contracts 104  100.0 3,253 100.0 
  Awarded to domestic suppliers 100 95.8 ..  .. 
  Awarded to foreign suppliers 4 4.2 ..  .. 
  Open procedures 83 80.0 2,797 86.0 
  Restricted procedures 9 9.0 33 1.0 
  Negotiated procedures 18 17.0 423 13.0 
Service contracts 83 100.0 2,385 100.0 
  Awarded to domestic suppliers 82.7 99.6 .. .. 
  Awarded to foreign suppliers 0.3 0.4 .. .. 
  Open procedures 37 45.0 310 13.0 
  Restricted procedures 10 12.0 382 16.0 
  Negotiated procedures 36 43.0 1,693 71.0 
Works contracts 37 100.0 1,089 100.0 
  Awarded to domestic suppliers 36 97.3 .. .. 
  Awarded to foreign suppliers 1 2.7 .. .. 
  Open procedures 29 78.0 1,013 93.0 
  Restricted procedures 2 5.0 32 3.0 
  Negotiated procedures 6 16.0 43 4.0 
Utilities contracts 35 100 824 100 
  Awarded to domestic suppliers ..  .. .. .. 
  Awarded to foreign suppliers .. .. .. .. 
  Open procedures 8 23 173 21 
  Restricted procedures 4 11 140 17 
  Negotiated procedures 23 66 511 62 
Total contracts 259 100 7,551 100 
 
.. Not available. 
 
Source:  WTO documents GPA/70/Add. 1, 28 November 2002. 
(iv) State-owned enterprises and privatization 
136. Norway has notified one enterprise, Arcus Produkter AS, to the WTO as a state-trading 
company.39  Arcus Produkter had the exclusive right to produce spirituous beverages and to sell and 
distribute spirits for technical and medical purposes in Norway.  The company was privatized between 
2001 and 2003, and the monopoly for the production of sp irits in Norway was abolished with effect 
from 1 July 2002.   
137. State ownership remains extensive, with around 100  enterprises either fully or partly owned 
by the central state (Table III.12).  Following the partial privatization and listing of shares of some 
major state-owned enterprises, notably Telenor ASA (telecommunications) and Statoil (oil and gas), state control of the Oslo Stock Exchange's cap italization rose from 17% in 1999 to approximately 
41% at the end of 2003.  Public enterprises typica lly fall under one of five categories, each with 
particular legal and managerial characteristics
40:  (i) administrative enterprises, which do not have a 
legal personality distinct from that of the State, which, through the Storting, fixes their budgets and 
investments, and exercises general operational cont rol;  (ii) statutory enterprises are legal entities 
distinct from the State, though entirely owned by it,   with sectoral obligations and limitations on 
actions set through letters of association, and clo se operational control exercised by the designated 
                                                      
39 WTO document G/STR/N/7/NOR, 15 November 2001. 
40 OECD (2003b). Norway WT/TPR/S/138 
 Page 59 
 
 
Ministry, which has sole voting rights41;  (iii) fully state-owned limited companies, with a 
considerable degree of freedom in their operati on, which are intended to operate in competitive 
markets42;  (iv) limited liability companies, in which the Government has a share, and can only 
exercise its ownership rights through its participati on and voting in general meetings;  and (v) hybrid 
companies, which are governed under specific legisla tion, and which are in a situation of either de 
jure or de facto  monopoly.  The government's objective, pursued since the mid 1990s, of ensuring that 
most state-owned enterprises operate on a commercial b asis, has meant that most  enterprises currently 
come under types (iii) and (iv), though many were of  another type at the time of their establishment. 
Table III.12  
Main state-owned enterprises, May 2004 
Name of company Type of company Sector Share owned 
by State (%) Ministry responsible 
Avinor AS State owned limited company Civil aviation – airports and air 
safety 100 Transport and 
Communication 
BaneTele AS State owned limited company Infrastructure development for 
telecommunications 100 Trade and Industry 
Cemaq ASA Limited company with state 
ownership Fish feed and farming 79.4 Trade and Industry  
Cernova AS Limited company with state 
ownership Holding company for 
investments in grain and feed 
sector 100 Trade and Industry 
DnB Nor Limited company with state 
ownership Banking, insurance, financial 
services 33.6 Trade and Industry 
Eksportfinans ASA Limited company with state 
ownership Financial services for exports 15 Trade and Industry 
Enova Statutory enterprise Promotion of energy 
conservation and of alternative 
energy use 100 Oil and Energy 
Gassco AS State owned limited company Natural gas transportation 100 Oil and Energy 
Grodengaard AS State owned limited company Catering and hotel services 100 Trade and Industry 
Kommunalbanken Administrative enterprise Banking, loans to municipal 
sector 80 Local State and 
Regional Development 
Kongsberg Gruppen AS Limited company with state 
ownership Defence, aerospace, marine 
technology 50.1 Trade and Industry 
Nammo AS Limited company with state 
ownership Ammunitions manufacture 45 Trade and Industry 
National Insurance 
Scheme Fund Administrative enterprise Financial services 100 Finance 
Norsk 
Eiendomsinformasjon AS State owned limited company Property registration 100 Local State  
Norsk Hydro ASA Limited company with state 
ownership Aluminum, fertilizer, oil, and 
gas 43.8 Trade and Industry 
Norsk Tipping AS Hybrid company Lottery 100 Church and Culture 
NRK AS State owned limited company Public broadcasting 100 Church and Culture 
NSB BA State owned limited company Railroad passenger 
transportation 100 Transport and 
Communication  
Petoro AS State owned limited company Management of State's direct 
financial interest in oil and gas 100 Petroleum and energy 
Posten Norge Bank State owned limited company Postal services 100 Transport and 
Communications 
Raufoss ASA Limited company with state 
ownership Automotive components 50.3 Trade and Industry 
SAS AB Limited company with state 
ownership Airline 14.3 Trade and Industry 
SIVA SF Statutory enterprise Investments and loans for 
regional development 100 Trade and Industry 
Table III.12 (cont'd) 
                                                      
41 Until 1 January 2003, the Norwegian Government guaranteed loans made to such companies. 
42 The Government can nevertheless set out specific obligations, sometimes of a non-commercial 
nature, and retains the right to overrule decisions taken by the corporate assembly.   WT/TPR/S/138 Trade Policy Review 
Page 60 
 
 
Name of company Type of company Sector Share owned 
by State (%) Ministry responsible 
Statens Investerings-
selskap AS  State owned limited company  Investment company 100 Trade and Industry 
Statkraft SF Statutory enterprise Production, distribution and 
sale of energy 100 Trade and Industry 
Statnett SF Statutory enterprise Electricity transmission and 
systems operation 100 Oil and Energy 
Statoil ASA Limited company with state 
ownership Oil and gas 81.8 Oil and Energy 
Statskog SF Statutory enterprise Forest management 100 Agriculture 
Store Norske Spitsbergen 
Kulkompani AS Limited company with state 
ownership Mining 99.9 Trade and Industry  
Stor-Oslo Localtrafikk AS Limited company with state 
ownership Public transport in Oslo 33.3 Transport and 
communication 
Telenor Limited company with state 
ownership Telecommunications 53.14 Trade and Industry 
VESO AS Limited company with state 
ownership  Veterinary research and 
services 100 Ministry of Agriculture 
Hybrid Limited company with state 
ownership Retail distribution of alcohol 100 Social Affairs 
Source: Ministry of Trade and Industry (various issues), Annual Report on State Ownership ;  and additional information 
 provided by the Norwegian authorities.  
138. The Government's current policy towards st ate-owned enterprises and privatization is 
contained in the April 2002 White Paper, "Reduc ed and Improved State Ownership".  Its basic 
proposal is that state ownership should be limited to companies of an administrative nature unless 
there are "clearly and transparen tly politically motivated" reasons for retaining state control.  
Therefore, in practice, privatization is set to cont inue largely along the same lines as in recent years, 
with the Storting considering privatization on a case-by-case basis.  The major full or partial privatizations concluded since Norway's last TPR include:  Statoil, Norway's principal oil and gas 
company;  Telenor, Norway's principal telecommuni cations operator;  Den Norske Bank ASA;  and 
Norsk Hydro SA (Table III.13).  The Storting has aut horized further reduction of the State's stake in a 
number of enterprises;  ending of state owne rship in others is being considered.  
139. In the medium term, the Government's objectives are the further divestment of state assets, 
changing the legal status of certain state-owned comp anies to allow for private participation in their 
capital, and strengthening the regulatory regime by  clearly separating the ownership and regulatory 
functions of the State.  The Government sees such reforms as necessary for generating investment 
opportunities that will promote the diversificati on of the economy and reduce reliance on petroleum 
and gas.  
Table III.13 
Privatization of state-owned enterprises, 1999-03 
Company Year of privatizationa Share owned by State (%) 
31.12.1998 Share owned by State (%) 
31.12.2003 
Norsk Jetmotor AS 1999 33.3 0 
Sydvaranger ASA  1999 87.5 0 
Drevsjø trelast AS  1999 34 0 
Norsk Hydro ASA  1999 51 43.8 
Cermaq ASA 1999/2002b 100 79.4 
Kommunalbanken AS 2000 100 80 
Norsk Vekst ASA   2000 19.71 0 
Telenor ASA  2000/2003 100 62.65 
Postbanken (nå DnB ASA)c 2000 100 - 
DnB ASAc 2001/2003 52.2 - 
Table III.13 (cont'd)Norway WT/TPR/S/138 
 Page 61 
 
 
Company Year of privatizationa Share owned by State (%) 
31.12.1998 Share owned by State (%) 
31.12.2003 
DnBNORc 2003 - 33.4 
Norsas AS 2001 52 0 
A/S Olivin  2001/2003 99.9 0 
Arcus-Gruppen ASA  2001/2003 100 0 
Statoil ASA  2001 100 81.8 
Norsk Medisinaldepot ASA  1999/2001 100 0 
Statens skogplanteskoler AS  2000/2001 100 0 
VESO AS 2001 100 51 
Moxy Trucks AS 2002 100 0 
Grødegaard AS 2003 100 52 
NOAH 2003 70.9 0 
SND Invest 2003 100 0 
 a Privatization is defined here as a reduc tion in the State's share of a company e ither by sale or by  equity dilution. 
b  For some companies, privatization has been done in several steps.  
c In autumn 1999, the Ministry of Finance authorized the merg er between DnB and Postbanken.  The state owned 60.6% of the 
new holding company.  In spring 2001, state ownership was reduced to 13.4%.  In 2003, there was a new merger with 
Sparebanken Nor.  This reduced the State's share below 34 %.  One of the term s of the merger was that the state share was 
brought back to 34%. 
 
Source:  Information provided by the Norwegian authorities. 
140. Notwithstanding the anticipated privatizations, the Government deems that the State will be 
"a considerable owner and shareholder for the for eseeable future";  at the same time, it seeks to 
introduce private-sector providers in sectors wher e "interaction and competition between public and 
private sector actors may be beneficial".43  Subsectors where such compe tition is foreseen or has been 
introduced include postal services, rail services, road construction, health care, and higher education.  
The Government's objective is therefore to ensure that enterprises in these subsectors operate on a 
commercial basis, to reduce the risk of distorting competition.  This policy of commercialization has 
been pursued by converting administrative and stat utory enterprises into limited liability companies, 
such as the rail and postal enterprises in 2002.  The Government has also sought to establish a 
distinction between the State's roles as owner and as regulator.  To this end, it has transferred the 
formal ownership of a number of enterprises to th e Ministry of Trade and Industry, with regulation 
entrusted to sectoral ministries.  Autonomous re gulatory agencies have not been established.   
141. Norway's EEA membership has been a factor be hind various privatization measures:  reforms 
made to the postal company, for example, were in part prompted by the EU's directive concerning the 
liberalization of postal services, while reforms to statutory enterprises respond to a ruling of the EFTA 
Surveillance Authority, which found that the State' s guarantees of loans to statutory enterprises were 
in violation of EEA rules.  These rules also pr ohibit the carrying out of ownership and regulatory 
functions by the same authority.  
(v) Intellectual property rights 
(a) Overview 
142. Norway has notified its main intellectual property laws to the WTO.44  The main dedicated 
domestic statutes for the protection of intellectual property rights (IPR) are:  the Patents Act of 15 December 1967 as amended, the Designs Act of 14  March 2003, the Trade Marks Act of 3 March 
1961 as amended, the Copyrights Act of 12 Ma y 1961 as amended, the Layout-design Act of 
15 June 1990 as amended, and th e Marketing Act of 16 June 1972.   These statutes cover the major 
                                                     
 
43 Government of Norway (2002).   
44 WTO document IP/N/1/NOR/1, 18 June 1996.  WT/TPR/S/138 Trade Policy Review 
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areas referred to in the TRIPS Agreement (Table III.14).  The authorities state that few amendments 
to Norwegian legislation were required to  fully align it on the TRIPS Agreement. 
Table III.14 
Overview of IPR protection provided by Norway's legislation, 2004 
Subject Coverage Duration  Selected exclusions and limitations 
Patents Any invention susceptible 
of industrial application 20 years from the 
application filing date;  
additional protection of up to five years may be 
granted for medicinal and 
plant-protection products A negative list provides for innovations that are not 
considered to be inventions for patent purposes, which 
merely consists of aesthetic creations, computer programs, methods for doing business, and presentations of 
information; 
exclusive rights granted by  patent protection do not 
include, among others, exploita tion of products protected 
by the patent that have been put on the market in the EEA 
by the patent holder, or with his/her consent; 
compulsory licences for a pate nt may be obtained if, for 
example, a patentable inven tion is not given commercial 
use within three years from the date the patent was granted 
or if it is required for the exploitation of an invention representing an "important technical advance of 
considerable economic importance"; 
compulsory licences for semi-conductors may be granted only for public non-commercial use or to remedy a practice 
determined to be anti-competitive by a judicial or 
administrative process 
Designs  Designs that are novel One or more periods of 
five years, up to a maximum of 25 years Components and spare parts used for the repair of a 
complex product may only be pr otected for five years; 
when a registration is transferred by a judicial or 
administrative decision, the former holder of the 
registration may, subject to reasonable conditions, continue to use the design in cases where the design has already 
been used, or preparations have been made for its use  
Trade marks Trade marks that are 
capable of distinguishing 
the goods of the trade mark 
holder from others Unregistered but well-
known trade marks are 
protected in a similar way to registered trade marks;  
protection is granted by 
use.  Trade marks are also available for services Protection from the 
moment the application is 
submitted, for ten years 
from the date of registration; subsequently 
renewable indefinitely for 
periods of ten years   Non-use of a trade mark for a period of five years from the 
date of registration may lead to revocation of the 
registration; 
compulsory licensing does not apply to trade marks  
Copyrights Literacy, scientific, and 
artistic works, including computer programs, data 
compilations, photographs, 
databases, performing artists, producers, broadcasters Life of the author plus 
70 years; anonymous works are 
protected for 70 years from 
the end of the year in which they were publicly presented; 
photographs are protected 
for 50 years from the end of the year in which they 
were taken;  
for the performing arts, 50 years after the first 
relevant broadcast, fixation 
or performance Compulsory licensing in general does not apply to 
copyrights 
Geographical 
indications Foreign GI's; 
local agricultural 
specialities:  though an administrative system of 
non-exclusive marks 
(which are not IPRs) Indefinite  The use of misleading geographical indications is 
prohibited by the Marketing Act No.47 of 16 June 1972; 
a local producer can apply for a decision creating a mark, including criteria for being allowed to use the mark for 
marketing a specific local  agricultural speciality 
 
Table III.14 (cont'd) Norway WT/TPR/S/138 
 Page 63 
 
 
Subject Coverage Duration  Selected exclusions and limitations 
Layout-
designs of 
integrated 
circuits Integrated circuits Ten years from the 
calendar year in which the 
topography was first 
commercially exploited anywhere in the world  
Undisclosed 
information Business secrets of 
commercial value;  
undisclosed data and tests Protected from unfair 
commercial use by 
administrative practice;  in 
the case of medicines, this protection expires six years 
after marketing approval 
has been granted   
 
Source:  Information provided by the Norwegian authorities.  
143. Since Norway's last TPR in 2000, a new Designs  Act has been adopted and amendments have 
been introduced to its IPR legislation, including the Patents Act.   
(b) Patents 
144. The Norwegian Patent Offi ce is under the Ministry of Trade and Industry.  Patent applications 
must describe clearly the invention and be accompan ied by an abstract of the description and patent 
claims, all of which must be draw n up in Norwegian.  Applications are processed following a novelty 
search;  applicants may request, upon payment of a fe e, that the novelty search be conducted by an 
international search author ity.  Granted patents are entered in a Re gister of Patents kept by the Patent 
Office.  All documents regarding a patent application are made public when the patent is granted, or at the latest 18 months afte r the date of filing.  
145. An amendment to the Patent Act, corresponding to  EU Directive 98/44/EC, entered into force 
on 1 February 2004.  Plants and animals (except pl ant and animal varieties) are now in principle 
patentable.  Inventions related to plants and animals are patentable if the technical feasibility of the 
invention is not confined to a particular plant or animal variety.  Patentable "groups" of plants and 
animals may include varieties (e.g. newly developed transgenic ones).  Furthermore, processes for the 
production of living organisms are in principle pa tentable, while "essentially biological" processes are 
excluded from patentability.  Before Fe bruary 2004, patent protection for plant varieties was restricted 
to micro-organisms.  Norway has decided to main tain restrictive patentability conditions as regards 
naturally occurring biological material.  Patent a pplications concerning biotechnological inventions 
that raise concerns about public order or morality are considered by the National Board on Ethics in 
Patent Matters, which should produce a non-binding Advisory Opinion within three months.  The 
time-limit for filing oppositions with Patent Office based on such considerations was increased from 
nine months to three years.  
146. The amendment to the Patent Act also contai ns a provision that imposes on the patent 
applicant a duty to provide informa tion on the origin of biological material, if the invention is based 
on such material.  This disclosure requirement is without prejudice to the granting of patent 
protection, but submitting false information is punish able.  The duty to provide information does not 
apply to international patent applications un der the Patent Cooperation Treaty (PCT).  The 
amendment further establishes that compulsory licen ces may not only be grante d by a court of law, 
but also by administrative decision made by the Competition Authority.  The decision of the Competition Authority can be appealed to the Ministry  of Labour and Administration;  it can also be 
reviewed by a court of law.  Furthermore, th e amendment extended the general time-limit for 
including Norway in international patent appli cations under the PCT from 20 months to 31 months. WT/TPR/S/138 Trade Policy Review 
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147. The WTO General Council Decision of 30 August 2003 on the implementation of 
paragraph 6 of the Doha Declaration on the TRIPS Ag reement and Public Health was transposed into 
Norwegian law by a decision of the King in Council on 14 May 2004.  The amendments, which entered into force on 1 June 2004, establish that  Norwegian persons may apply for a compulsory 
licence with a view to producing and exporting pharmaceutical products to another country in line 
with the General Council Decision.  
148. Oppositions to a granted patent may be presented to the Patent Office in writing within nine 
months of the granting of the patent (three years if the opposition is based on public order 
considerations).  Decisions by the Patent Office may be appealed to the Patent Office's Board of 
Appeals;  a decision by the Board refusing protection may be brought be fore the Oslo City Court.  A 
decision by the Oslo City Court may be appealed in a higher court.  The authorities note that the average 
number of oppositions filed is equivalent to  about 1.4% of total patents granted.  
149. An amendment to the 1970 Act on Employees’ Inventions and to the 1995 University and 
College Act entered into force on 1 January 2003.  The amendment introduced the so-called Stanford 
model of rules on academics’ inventions in workplac es.  This implies that an academic institution can 
choose to acquire the intellectual property right (IPR) of an academic’s (but not a student’s) invention 
made at the institution using its means and equipm ent.  If the institution chooses to do so, it is 
responsible vis-à-vis  the academic for making fair and releva nt efforts to commercialize the invention 
in the best possible way, "within reasonable economi c limits".  Academics retain the right to publish 
the invention even if this harms the acquisition of IPR, and even if the institution has already decided 
to apply for the IPR arising from it.  Any gains arising from the commercialization of the invention 
are to be fairly divided between the individual inventor, the close academic environment, and the 
mother institution.  
150. Between 1998 and 2003, a total of 38,088 patent applications were filed and 
32,575 applications were decided;   14,286 granted patents (Table III.15).  The authorities noted that 
the main reason for patents not being granted w as that many applications were withdrawn or 
abandoned.  Less than 1% of patents issued are c ontested, usually because of alleged lack of novelty 
or degree of inventiveness.  The average processi ng time for patents was under five years in 2003. 
Table III.15 
Patent, design and trade mark applications, 1998-03  
  1998 1999 2000 2001 2002 2003
Patent applications 6,219 6,590 6,700 6,431 6,287 5,861
  National applications filed by Norwegians 1,213 1,335 1,311 1,189 1,178 1,079
  National applications filed by  foreigners 1,416 1,168 1,088 977 766 814
  PCT-Chapters I and II (incl. Norwegian appl.) 3,590 4,087 4,301 4,265 4,343 3,968
  Norwegian applications in total 20% 20% 20% 18% 19% 18%
  Annual change in total number of applications (%) 1 6 2 -4 -2 -7
  Decided patent applicati ons 4,450 4,970 5,543 5,174 5,596 6,842
    Applications granted 2,562 2,361 2,387 2,376 2,292 2,308
  Percentage of oppositions 1. 1% 1.0% 1.2% 1.1%  1.0% 1.4%
Trade mark applications 12,133 13,647 16,262 15,082 12,702 12,253
  By Norwegians 3,001 3,186 3,802 3,321 2,971 2,905
  By foreigners 3,856 4,067 4,637 3,398 2,786 2,682
  Designations according to Madrid Protocol 5,276 6,394 7,823 8,363 6,945 6,666
    Percentage of total 43,% 47% 48% 55,% 55% 54%
  Annual change in total number of applications (%) 11 12 19 -7 -16 -4
  Decided trade mark applica tions 11,569 14,847 13,910 13,543 14,823 13,603
    Applications granted 9,708 12,651 11,085 10,886 11,828 11,445
  Percentage of oppositions 2. 3% 2.0% 1.9% 1.7%  1.2% 1.2%
Table III.15 (cont'd)Norway WT/TPR/S/138 
 Page 65 
 
 
  1998 1999 2000 2001 2002 2003
Design applications 888 938 899 749 814 714
  Decided design app lications 907 953 875 870 738 447
    Applications granted 695 725 653 683 549 334
  Percentage of oppositions .. .. 1.1% 1.8% 0.4% 0.0%
.. Not available. 
Source:  Information provided by the Norwegian authorities.  
(c) Trade marks 
151. No major changes have been introduced to Norw egian trade mark legislation since its last 
TPR in 2000.  The protection of trade marks is regulated by the Trade Marks Act No. 4 of 3 March 
1961, as amended, and the Trade Mark Regulations of 20 December 1996.     
152. Trade mark rights are protected for both goods  and services;  they grant the exclusive 
commercial use of a sign, and the right to preven t its use on the same or similar goods and services 
covered by the mark or if there is danger of confusion.  The exclusive right to use a trade mark may 
be given by either registration or use.  Well-known marks are protected from misuse or from the 
lessening of their reputation.  The registration of a trade mark may be opposed within two months of 
its publication through an opposition filed with the Pate nt Office, which also maintains the Register of 
Trade Marks.   
153. Norway recognizes a right of priority on the basis of an earlier trade mark application filed by 
a national of a WTO Member in another WTO Member or party to the Paris Convention.  The 
application for registration in Norway must be file d within six months of the first application for 
registration made abroad.  Registration of foreigners' trade marks is subject to a reciprocity condition:  
registration in Norway requires proof that the appli cant has registered the trade mark in his/her home 
country, except if the applicant's home country gran ts corresponding rights with respect to trade mark 
applications from owners of industrial or commerc ial establishments in Norway.  The authorities note 
that this provision is not applied in practice. 
154. Infringement of a trade mark is punishable with a fine or, if wilful, imprisonment of up to three 
months, and payment of a remuneration for the use of the trade mark and compensation for damages. 
155. Between 1998 and 2003, the Office received 82,07 9 trade mark applications and granted 
67,603 trade marks (Table III.15). 
(d) Designs 
156. A new Designs Act entered into force on 1 May 2003, replacing the 1970 Act on Designs.  
The substantial provisions of the new Act are based on the EU Directive 98/71/EC on the Legal Protection of Designs.  In contrast to the former  legislation, the new Designs Act allows for the 
protection of parts of an object and of the appearance of non-physical articles. 
157. The Norwegian Patent Office is responsible fo r the administration of the Designs Act, for 
registration, and for maintaining a Register of D esigns, which is accessible to the public.  Under the 
new Act, the Patent Office no longer carries out a novelty search on design applications.  The 
applicant may, however, request a supplementary sear ch.  The applicant will then receive a report as 
an aid to decide whether to uphold the application or  withdraw it.  A supplementary search confirming 
the novelty of a design cannot lead to the rejection of the application.  Oppositions concerning the WT/TPR/S/138 Trade Policy Review 
Page 66 
 
 
registration of a design are subject to a fee and may be submitted to the Patent Office at any time 
during the term of protection. 
158. The new Designs Act also contains provisions  implementing the main rules of the Geneva 
Act of 2 July 1999 of the Hague Agreement concer ning the International Registration of Industrial 
Designs.  The necessary regulations were adopted on 14 May 2004.  The authorities indicate that 
Norway plans to adhere to the Geneva Act as soon as the Patent Office has established routines for the 
electronic processing of international appli cations and registrations under this Act. 
159. Between 1998 and 2003, the Norwegian Patent Office received 5,002 design applications and 
granted 3,639 designs.  
(e) Copyrights 
160. No substantial changes have been introduced  into the legal framework governing copyrights 
protection in Norway.  Norway is a party to  the Berne Convention (since 1896), the Universal 
Copyright Convention of 1952, and the Rome Conventi on.  The authorities indicate that a proposal for 
amendments will be submitted to the Storting durin g 2004, in order to allow accession to the WIPO 
treaties of 1996 (Copyright Treaty and Performances and Phonograms Treaty).  
161. Compulsory licensing in general does not apply to copyright;  however, the Copyright Act 
allows limited use for specific purposes, either with  or without remuneration, in accordance with a 
three-step test.  For performing artists and produ cers there is a remuneration right for the public 
performance of sound fixations.  For analogue repr oduction in educational institutions and internal 
use in other institutions, as well as for cable dist ribution of broadcasts, and the broadcasting of 
published works by the Norwegian Broadcasting Co rporation, there is an extended collective 
licensing condition by which the u ser negotiates an agreement with organizations representing the 
rights holders.  The authorities noted that this w as a Nordic system for managing exclusive rights. 
162. The production and import levies on analogue video and audio blank cassettes were 
eliminated from 1 December 2000 in view of th eir diminishing relevance as similar (untaxed) 
recording devices had been developed, and the ad ministrative costs of collecting the levies were 
disproportionate to their level. 
(f) Geographical indications 
163. The protection of geographical indications is  implemented through the Marketing Act of 
16 June 1972 and the Trade Marks Act of 3 Marc h 1961.  Since its last TPR, through Regulation 
No 698 of 5 July 2002 as amended on 13 February  2004, Norway has extended its protection of 
domestic and foreign geographical indications to all agricultural and fish food products.  Norway's 
legislation provides equal protection to national a nd foreign geographical indications irrespective of 
the rightholder's residence.  
(g) Parallel imports 
164. No changes have been introduced  into Norway's IPR legislation with regard to parallel 
imports since 2000.  The principle of  exhaustion at the EEA level is th e main rule for designs, patents, 
integrated circuits, and plant variety rights, i.e. the protected product can be freely traded within the 
whole EEA once it has been placed anywhere on the EEA market by the right holder or with his or her consent.   Norway WT/TPR/S/138 
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165. In the case of trade marks, Norway has traditiona lly adhered to the prin ciple of international 
exhaustion, i.e. that the product can be traded fr eely in Norway once it has been placed on the market 
anywhere in the world by the right holder or with  his consent.  As interpreted by the EFTA Court45, 
EEA countries are entitled to retain the princi ple of international exhaustion under the EEA 
Agreement for products originating fro m countries outside the EEA because, inter alia ,  this matter 
regards trade policy vis-à-vis  third countries, which is not covere d by the EEA Agreement.  However, 
in line with the EC Trademarks Directive (89/10 4/EEC), Article 4.3 of the Norwegian Trademarks 
Act allows the proprietor of a trade mark to oppo se further commercialization, including imports, if 
"legitimate reasons" exist.   
166. For copyright works, the general rule is intern ational exhaustion of the distribution right.  
However, this does not apply to audio and audi o-visual recordings:  under the EEA agreement, 
performing artists and producers from the EEA have an independent distribution right, covering audio 
and audio-visual recordings, that is regionally exhaus ted, i.e. the copy must be sold within the EEA 
for it to be allowed to be parallel-imported into Norway without consent of the right holder.  In 
addition, the Norwegian Copyright Act prohibits para llel imports of sound or audio-visual recordings 
from non-EEA countries, unless the right holder in Norway does not intend to offer the product on the 
Norwegian market. 
(h) Enforcement 
167. Legislation governing IPR enforcement has rema ined unchanged since Norway's last TPR in 
2000.  Civil lawsuits concerning intellectual propert y rights are governed by the Civil Procedures Act 
No. 6 of 13 August 1915.  A proposed amendment to  the Civil Procedures Act was submitted to the 
Storting in February 2004 with a view to ensuring th at courts have the comp etence to adopt evidence 
protection measures without the other party having been  heard when there is a risk of evidence being 
destroyed.  The enforcement of judgements, as  well as provisional measures are governed by the 
Enforcement of Claims Act No. 86 of 26 June 1992.  Criminal prosecution is governed by the Criminal Procedure Act No 25. of 22 May 1981.  The Enforcement of Claims Act allows a court to 
decide upon the application of provisional measur es, stipulating a time-limit within which the 
applicant must initiate proceedings for a decision on  the merits of the case.  If the applicant does not 
take proper action within the time-limit, the provisional measure lapses automatically.
46  Provisional 
measures may not be ordered administratively.  In general, all proceedings leading to a decision are judicial;  injunctions cannot be granted on the b asis of administrative proceedings, but must result 
from a judgement by a court in an ordinary civil case.   The average duration of civil law suits in the 
Courts of First Instance was less than seven months in 2003.  
168. The remedies that may be ordered by the judicial authorities include provisional measures;  
damages, including expenses and attorney's fees;  destruction or other disposal of infringing goods 
and implements for their production;  and other remedies such as damages for non-pecuniary injuries 
(for copyright infringement) or free disposal of products during part or the whole of a patent term.  
Damages for infringement of intellectual property ri ghts must be sufficient to compensate the right 
holder for the loss inflicted by the infringement.  Th e compensation rules are basically the same in the 
Patent, Trade marks, and Designs Acts.  In general, the maximum penalties prescribed for 
infringement of intellectual property rights involve fines and three-months im prisonment.  However, 
the maximum penalty for copyright and layout-design  infringement is three-years imprisonment.   
169. Suspension of the importation of goods infringing intellectual property rights is available in 
respect of copyright and neighbouring rights, trade marks, patents, designs, geographical indications, 
                                                     
 
45 Advisory opinion of the EFTA Court of 3 December 1997 in case E-2/97. 
46 WTO document IP/Q4/NOR/1, 26 February 1999. WT/TPR/S/138 Trade Policy Review 
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layout-designs, and plant breeders' rights.  Application for the adoption of border measures must be 
filed with the Enforcement of Claims Court, in th e form of a request for a provisional measure.  The 
decision to suspend imports is taken by the Enfo rcement of Claims Court as a provisional measure, 
and may be appealed to an Appeals Court, and to  the Supreme Court, in the last instance.  The 
Enforcement of Claims Court may, ex officio and at its own discretion, require the applicant to 
provide a security.  In an ordinary civil case, an a pplicant not residing in Norway may be required, at 
the defendant's request, to provide a security for her/ his possible liability for the defendant's expenses;  
however, exceptions to this requirement may be granted under international treaties.   
170. The number of cases filed for civil enforcement of intellectual property rights was between 
40 and 50 in 2003, up from 40-45 in 2 001 and in 2002.  Cases of criminal enforcement of intellectual 
property rights have been between 65 and 80 a y ear.  Damages awarded normally range between 
NKr 50,000 and NKr 500,000 for civil cases and NKr 5,000 and NKr 120,000 for criminal cases.  
(i) Technical assistance and policy issues 
171. The Norwegian Patent Office is the contact point for technical assistance in TRIPS notifications 
to other WTO Members.47  Norway has reported to the TR IPS Council on the implementation of 
Article 66.2 of the TRIPS Agreement on incentives to promote and encourage technology transfer to 
least-developed country Members.48  Incentives for technology transfer are provided by the Norwegian 
Agency for Development Cooperation (NORAD) and the Norwegian Investment Fund for Developing 
Countries (NORFUND), through faci lities for investment support, fi nancing mechanisms for imports 
from Norway, support to export-rela ted projects, and promotion of private-sector development by 
providing risk capital and expertise. 
172. The Norwegian Patent Office, in collabora tion with the World Intellectual Property 
Organization, has held an annual two-week cour se on intellectual property since 2000.  The courses 
have been attended by about 20 participants from national industrial property offices in developing 
countries and have addressed either trade marks or patents.  According to the authorities, similar 
courses are planned for the years ahead.49 
173. In the context of the TRIPS Council's efforts to clarify the relationship between the TRIPS 
Agreement and the Convention on Biological Di versity, Norway submitted a communication 
underlining that there was no legal c onflict between the two agreements.50 
                                                      
47 WTO document IP/N/7/Rev.2/Add.4, 24 April 2001. 
48 WTO documents IP/C/W/388/Add.5, 8 January 2003, and IP/C/W/412/Add.5, 14 November 2003. 
49 WTO document IP/C/W/408/Add.2, 10 November 2003. 
50 WTO document IP/C/W/293, 29 June 2001. 