3. Sector: Accounting and Book-Keeping Services
Sub-Sector: Not applicable
Industry Classification: Not applicable
Type of reservation: Article 3.7 (National Treatment) Article 3.15 (Local Presence)
Article 3.16 (National Treatment)
Measures: Act 18 June 1993 No. 109 on authorisation of accountants (Accountant Act)
Act 19 November 2004 No. 73 on bookkeeping (Bookkeeping Act)
Description: Investments and cross-border trade in services: Accounting companies shall have a permanent place of business in Norway and authorised accountants must in addition be resident in a Contracting Party to the EEA Agreement. The Financial Supervisory Authority may make individual exceptions to the requirement for permanent place of business and the residence requirement, provided that documents regarding clients in Norway are stored in a fixed place in the country where the place of business is located in an orderly and responsible manner.
Bookkeeping documentation regarding Norwegian clients must be transferred to Norway for storage within a month after the annual accounts were approved by the company, but at the latest no more than seven months after the end of the accounting year.
Accounting material as mentioned in the Bookkeeping Act Section 13 first sub-section no. 1 to 4 shall be kept in Norway for five years after the end of the financial year. Accounting material as mentioned in the Bookkeeping act Section 13 first sub-section no. 5 to 8 shall be kept in Norway for three years and six months after the end of the financial year.
4. Sector: Technical Testing and Analysis Services
Sub-Sector: Not applicable
Industry Classification: Not applicable
Type of reservation: Article 3.6 (Market Access) Article 3.7 (National Treatment) Article 3.14 (Market Access)
Article 3.16 (National Treatment)
Measures: Act of 16 February 2007 No. 9 on Ship Safety and Security
Description: Investments and cross-border trade in services: Prior approval required for statutory technical testing services for maritime vessels.
5. Sector: Debt Collection Agency
Sub-Sector: Not applicable
Industry Classification: Not applicable
Type of reservation: Article 3.15 (Local Presence)
Measures: Act 13 May 1988 No. 26 on debt collection agencies
Regulation 14 July 1989 No. 562 to Act on Debt Collection Agencies etc.
Description: Cross-border trade in services:
Debt collection agencies must have a permanent place of business in Norway.
6. Sector: Real Estate Services
Sub-Sector: Not applicable
Industry Classification: Not applicable
Type of reservation: Article 3.15 (Local Presence)
Article 3.16 (National Treatment)
Measures: Act 29 June 2007 No. 73 on estate agency business
Description: Cross-border trade in services:
Suppliers of real estate services shall have a permanent place of business in Norway. The Financial Supervisory Authority may make individual exceptions to the requirement for permanent place of business, provided that documents regarding clients in Norway are stored in a fixed place in the country where the place of business is located in an orderly and responsible manner.
7. Sector: Labour Recruitment and Supply Services, excl. Executive Search Services
Sub-Sector: Not applicable
Industry Classification: Not applicable
Type of reservation: Article 3.6 (Market Access) Article 3.14 (Market Access)
Article 3.15 (Local Presence)
Measures: Act 17 June 2005 No. 62 relating to working environment, working hours and employment protection, etc. (Working Environment Act)
Regulation 4 June 2008 No. 541 on staffing agencies
Regulation 11 January 2013 No. 33 on hiring of labour
Description: Investments and cross-border trade in services: Commercial presence, registration and a bank guarantee equal to the amount required as minimum capital for a limited liability company required.
Labour recruitment and provision of personnel limited to Norwegian citizens and residents holding a work permit.
8. Sector: Rental/Leasing Services relating to ships and aircrafts without Operators
Sub-Sector: Not applicable
Industry Classification: Not applicable
Type of reservation: Article 3.6 (Market Access) Article 3.7 (National Treatment)
Article 3.15 (Local Presence)
Measures: Act 1993 11 June No 101 on air transport
Regulation 2013 7 August No. 956 on air operations
Act 1994 24 June No. 39 on maritime transport
Act 1987 12 June No. 48 on international shipping registry (NIS Act)
Description: Investments:
Aircrafts:
To be registered in the aircraft register of Norway, the aircraft must be owned either by Norwegian natural persons or by Norwegian enterprises.
Ships:
Registration in the Norwegian Ordinary Ship Register (NOR): Only for company of a Contracting Party to the EEA Agreement where citizens of these Contracting Parties own at least 60 per cent of the capital. Exemptions from the 60 per cent rule may be granted.
Registration in the Norwegian International Ship Register (NIS): ships with more than 40 per cent non-EEA ownership must have a management function in Norway.
This may be the operation by a Norwegian ship- owning company with head office in Norway, or a Norwegian management company or if the ship is registered directly in the NIS by a foreign company, a representative in a Contracting Party to the EEA Agreement is required. The representative must be domiciled in Norway and be authorised to receive a lawsuit on behalf of the ship owner.
9. Sector: Mining, excluding petroleum
Sub-Sector: Not applicable
Industry Classification: Not applicable
Type of reservation: Article 3.6 (Market Access)
Article 3.14 (Market Access)
Measures: Act 19 June 2009 No. 101 on mineral resources Regulations 23 March 2009 No. 1842 on the Mineral Act
Act 22 March 2019 No. 7 on mineral activities on the continental shelf
Act 21 June 1963 No. 12 on scientific exploration and exploitation of subsea natural deposits other than petroleum deposits and mineral deposits
Description: Investments and cross-border trade in services:
A licence is necessary to undertake mining activities and exploration on land or in subsea natural deposits.
Commercial presence may be required. No limitation in respect of services incidental to the mining activities.
10. Sector: Trade and Sales of Electricity
Sub-Sector: Not applicable
Industry Classification: Not applicable
Type of reservation: Article 3.6 (Market Access) Article 3.14 (Market Access)
Article 3.15 (Local Presence)
Measures: Energy Act of 29 June 1990 No. 50
Including supplementary regulations to the act.
Description: Investments and cross-border trade in services: Licence required for the organisation and operation of a marked place for electricity and for sales of electricity. Local presence required.
11. Sector: Ground Handling Services
Sub-Sector: Not applicable
Industry Classification: Not applicable
Type of reservation: Article 3.6 (Market Access)
Article 3.14 (Market Access)
Measures: Council Directive 96/67/EC of 15 October 1996 on access to the ground handling market at Community airport as implemented
Act 11 June 1993 No. 101 on air transport
Regulation 3 November 2000 No. 1096 on aerodrome related services
Description: Investments and cross-border trade in services: The level of openness of ground handling services depends on the size of airport. The number of suppliers in each airport may be limited. For “big airports”, this limit may not be less than two suppliers.
12. Sector: Car-hiring and Leasing
Sub-Sector: Not applicable
Industry Classification: Not applicable
Type of reservation: Article 3.15 (Local Presence)
Measures: Act 18 June 1965 No. 4 on road traffic
Regulation 25 January 1990 No. 92 on vehicles
Act 10 April 2015 No. 17 on Financial Undertakings and Financial Groups (Financial Undertakings Act)
Description: Cross-border trade in services:
Commercial presence is required. Motor vehicles shall be registered in the national register for motor vehicles. Only temporary traffic of foreign registered vehicles allowed.
Financial leasing is considered a financial service, which may only be provided by authorised finance undertakings.
13. Sector: Maritime Transport
Sub-Sector: International maritime transport (freight and passengers)
Industry Classification: Part of CPC 7211 and 7212
Type of reservation: Article 3.6 (Market Access) Article 3.7 (National Treatment)
Article 3.8 (Most-Favoured-Nation Treatment)
Article 3.9 (Senior Management and Boards of Directors)
Article 3.14 (Market Access) Article 3.15 (Local Presence) Article 3.16 (National Treatment)
Article 3.17 (Most-Favoured-Nation Treatment)
Measures: Act 24 June 1994 No. 39 on Norwegian Maritime Act 12 June 1987 No.48 on NIS
Regulation 30 June 1987 No. 579 on special trade areas for vessels and mobile offshore units engaged in the petroleum activity and registered in the Norwegian International Ship Register
Regulation 11 August 1989 No. 802 on Trade area for cargo ships registered in the Norwegian International Ship Register (NIS)
Regulation 9 July 1993 No. 596 on Trade area for passenger ships registered in the Norwegian International Ship Register (NIS)
Act 16 February 2007 No 9. on Ship Safety and Security
Regulation 22 December 2011 No. 1523 on Qualifications and certificates for seafarers
Act 21 June 2013 No. 102 on Ship Labour
Description: Investments and cross-border trade in services: Ships registered in the Norwegian Ordinary Ship Register (NOR) have to be owned by citizens of a Contracting Party to the EEA Agreement or by a
company of a Contracting Party to the EEA Agreement where citizens of Contracting States to the EEA Agreement own at least 60 per cent of the capital. Exemptions from the 60 per cent rule may be granted.
NOR vessels: when the ship-owning company is a limited liability company, it must be headquartered in a Contracting Party to the EEA Agreement. The majority of the members of the board, including the chairman, must be citizens of a Contracting Party to the EEA Agreement resident in a Contracting Party to the EEA Agreement, having resided in any such Contracting Party the preceding two years.
NIS vessels: ships with more than 40 per cent non- Norwegian ownership must have a management function in Norway. This may be the operation by a Norwegian ship-owning company with head office in Norway, or a Norwegian management company or, if the ship is registered directly in the NIS by a foreign company, a representative in a Contracting Party to the EEA Agreement is required. The representative must be domiciled in Norway and be authorised to receive a lawsuit on behalf of the ship owner.
NOR and NIS vessels: the captain must be a citizen of a Contracting Party to the EEA Agreement.
Exemptions from this rule may be granted.
14. Sector: Custom Clearance
Sub-Sector: Not applicable
Industry Classification: Not applicable
Type of reservation: Article 3.15 (Local Presence)
Measures: Act 21 December 2007 No. 119 on Customs
Regulation 17 December 2008 No. 1502 on Customs Duties and Movement of Goods
Description: Customs services, including customs clearance services and services relating to use of temporary storage facilities or customs warehouses, may only be provided by persons established in Norway.
ANNEX XVII. FUTURE MEASURES
REFERRED TO IN ARTICLE 3.12 (NON-CONFORMING MEASURES) OF SECTION 3.2 (INVESTMENT LIBERALISATION), ARTICLE 3.18 (NON-CONFORMING MEASURES) OF SECTION 3.3 (CROSS-BORDER TRADE IN SERVICES), ARTICLE 3.28 (NON-CONFORMING MEASURES) OF SECTION 3.4 (ENTRY AND TEMPORARY STAY OF NATURAL PERSONS), ARTICLE 3.49 (SENIOR MANAGEMENT AND BOARDS OF DIRECTORS) OF SUB-SECTION 3.5.3 (FINANCIAL SERVICES) AND ARTICLE 3.77 (NON- CONFORMING MEASURES) OF SUB-SECTION 3.5.6 (LEGAL SERVICES)
Headnotes
1. The Schedule of a Party to this Annex sets out, under Article 3.12 (Non- Conforming Measures) of Section 3.2 (Investment Liberalisation), Article 3.18 (Non-Conforming Measures) of Section 3.3 (Cross-Border Trade in Services), Article 3.49 (Senior Management and Boards of Directors) of Sub- Section 3.5.3 (Financial Services), and Article 3.77 (Non-Conforming Measures) of Sub-Section 3.5.6 (Legal Services), the reservations taken by that Party with respect to future measures that do not conform with obligations imposed by:
(a) Article 3.6 (Market Access) of Section 3.2 (Investment Liberalisation) or Article 3.14 (Market Access) of Section 3.3 (Cross-Border Trade in Services);
(b) Article 3.15 (Local Presence) of Section 3.3 (Cross-Border Trade in Services);
(c) Article 3.7 (National Treatment) of Section 3.2 (Investment Liberalisation) or Article 3.16 (National Treatment) of Section 3.3 (Cross-Border Trade in Services);
(d) Article 3.8 (Most-Favoured-Nation Treatment) of Section 3.2 (Investment Liberalisation) or Article 3.17 (Most-Favoured-Nation Treatment) of Section 3.3 (Cross- Border Trade in Services);
(e) Article 3.9 (Senior Management and Boards of Directors) of Section 3.2 (Investment Liberalisation);
(f) Article 3.10 (Performance Requirements) of Section 3.2 (Investment Liberalisation);
(g) Article 3.49 (Senior Management and Boards of Directors) of Sub-Section 3.5.3 (Financial Services); or
(h) Article 3.76 (Obligations) of Sub-Section 3.5.6 (Legal Services).
2. The reservations are without prejudice to the rights and obligations of the Parties under GATS.
3. Each reservation sets out the following elements: