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PR(98)01: The EFTA Surveillance Authority requests Norway to comply with the EEA procurement rules

2.10.2002

The EFTA Surveillance Authority has delivered a "Reasoned Opinion" to Norway for failure to comply with the provisions of Article 11 of the Act referred to in Point 2 of Annex XVI to the EEA Agreement (The Public Works Directive, 93/37/EEC), as Statens vegvesen Sör-Tröndelag (SVV), in 1995, did not publish a notice in the Official Journal of the European Communities on its intention to award a contract for new offices.

According to the above mentioned Act, contracting authorities who wish to award a public works contract whose estimated value net of VAT is not less than ECU 5,000,000, shall, as the main rule, make known their intention by means of a notice which, according to Article 11(9), shall be published in full in the Official Journal.

At the end of 1996, SVV intended to sign a lease contract for a building to be constructed in accordance with a number of specific requirements set out by SVV.  The award procedure was suspended following the intervention by the Authority, who considered such a contract to constitute a public works contract within the meaning of the Act. 

For further information please contact Håkan Berglin (Legal & Executive Affairs) on tel. 286 18 30.




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