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Internal Market: Posten Norge AS partly exempted from public procurement rules



The EFTA Surveillance Authority has decided to grant Posten Norge AS an exemption from public procurement rules for certain logistic services in the postal sector in Norway.

On 23 March 2015, the Authority received a request for exemption of the application of Directive 2004/17/EC, which coordinates procurement procedures in the water, energy, transport and postal services sectors. The directive aims at ensuring that economic operators fully enjoy fundamental freedoms in the competition for public procurement contracts.

The request covers the following services:

  • standard B2B domestic delivery of parcels,

  • standard B2B international parcel delivery (outbound),

  • national express “Day 1”/in-night,

  • international express delivery (inbound and outbound),

  • general cargo and part load.

Article 30 (1) of Directive 2004/17/EC provides that the directive is not applicable when the activity in question is directly exposed to competition on markets to which access is not restricted.

After having carefully examined Posten Norge AS' request, the Authority has adopted a decision exempting the logistic services in question provided in Norway from the scope of application of the directive.

This does not preclude the applicability of EEA rules on public procurement in areas not covered by the decision, including mixed procurement. Neither does it preclude the applicability of EEA rules on competition where relevant.

The decision will be published in the EEA Supplement to the Official Journal of the European Union.


For further information, please contact:

Mr. Andreas Kjeldsberg Pihl
Press & Information Officer
tel. (+32)(0)2 286 18 66
mob. (+32)(0)492 900 187


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