Capital overview :
Lovens title changed by law 15 aug 2014 # 60 (ikr. 18 aug 2014 ifg res. 15 aug 2014 # 1078). -Jof. The EES deal Attachment II kep. XIX # 1 (Directive 98 /34/EC that changed especially at directive 98 /48/EF and fd. (EU) No. 1025/2012), for the law of the law. WE jf. EES deal Attachment X # 1 (Directive 2006/123).
Kapitel I. Almemorial regulations
SECTION 1.
Formal
The law shall counter illegal trade obstacles and contribute to free mobility in the ELS ' inner market for goods and information community services, and establishment of such services, through electronic administrative cooperation and a system for European The meld duty (EES hearing) for suggestions for technical rules.
| 0 |
Modified by law 15 aug 2014 # 60 (ikr. 18 aug 2014 ifg res. 15 aug 2014 # 1078), 18 des 2015 # 132 (ikr. 1 jan 2016 ifg. res. 18 des 2015 # 1621). |
Part Article SECTION 2.
Samag and place real scope
The law applies to electronic administrative cooperation in the EPS and the Government Management organizers and the ordinance of technical rules. The law still does not apply to technical rules as
| a) |
conducting binding regulations in the EES court case, herunder court case on the range of electronic communications, |
| b) |
exclusively builds on protection clauses in binding the ESIS court case, |
| c) |
exclusively conducting a verdict said by the EFTA court or the EC court, |
| d) |
exclusively changes a technical rule in accordance with a request from the EFTAs surveillance organ, |
| e) |
exclusively fulfills obligations after international agreements that lead to joint rules of the EPS, |
| f) |
exclusively applies to products within the agricultural and fish sector, so far these sectors have not been reauthored by the EES agreement, |
| g) |
has been reported to the EFTAs monitoring organ through the flour system for consumer products that pose a serious risk (RAPEX), jf. Directive 2001 /95/EF Article 12 # 1. |
Apart from Section 13, the law also does not apply technical rules about investment services in connection with securities, which after its content are identical to Directive 93 /22/EEF, 1 or about markets or organs performing tasks in the context of settlement of such markets.
The law also applies to European standardizing.
The Ministry of Justice can at regulation make further exceptions from the legal scope of the law, so far it is unily with the EES agreement.
The king can in regulation decide that the law shall apply to Svalbard and Jan Mayen, and can determine the shonest rules under consideration of the site's conditions.
| 0 |
Modified by law 15 aug 2014 # 60 (ikr. 18 aug 2014 ifg res. 15 aug 2014 # 1078), 18 des 2015 # 132 (ikr. 1 jan 2016 ifg. res. 18 des 2015 # 1621). |
| 1 |
Dir 93/22 has been repealifted and replaced by dir 2004/39, jf. now the EES deal Attachment IX # 31ba. |
Part Article SECTION 3.
Definitions
| 1. |
With technical rules The meaning of this law : |
| a) |
technical specifications or other requirements, herunder instruction, as legal or actually must be followed to be able to bring in revenue or use a product throughout or a larger part of Norway, |
| b) |
requirements of information community services, herunder instruction, as legal or actually have to be followed in order to be able to, surround, establish, or use such services throughout or even a larger part of Norway, |
| c) |
rules that prohibit production, import, revenue, or use of a product, |
| d) |
rules that prohibit performance, revenue, establishment, or use of an information community. |
As technical rules also count terms in agreements with the public on compliance of technical specifications or other requirements, with the exception of quotation grounds on public purchases, and rules about financial measures affecting consumption of products or information community services by motivating to such claims.
| 2. |
With technical specifications The means of a product's properties, such as with respect to quality, performance, safety, or dimensions, as well as requirements of the product concerning designation, terminology, symbols, testing and testing methods, packaging, marking and labeling and labeling and labeling and Techniques for compliance assessment. As technical specifications also count the requirements of production methods for : |
| a) |
products calculated on consumption, feeding goods as well as drugs as defined in the drug law Section 2, and |
| b) |
other products when the requirements affect product properties. |
| 3. |
With other requirements means requirements that are not technical specifications, and affecting the product's life after it is brought on the market, such as requirements for use, recycling, or reuse, if such claims in considerable extent can affect the product's Assembly, properties or revenue. |
| 4. |
With product means industrial products and agricultural products that are reselected by the EES agreement. |
| 5. |
With information community services means any service that is typically totes against the resettlement and as the service providers electronically over distance and by individual request from a service receiver, jf. the guiding list in the Directive 98 //8/EF Attachment V. |
| 6. |
With information community services meaning rules that completely or partly have as direct purpose to regulate access to information community services and performance of such services, especially regulations concerning the service provider, the recipient of services and services such as soform. |
Part Article
Chapter II. Meldeduty
SECTION 4.
Meldeduty of technical rules
Proposals to technical rules shall be reported to the EFTAs monitoring organ through the ministry.
New message is to be issued after the first clause if changes are made as to significantly
| b) |
banting the timetable for review, or |
| c) |
enleads new or strinter requirements. |
Part Article SECTION 5.
The requirement of the message content mv.
The message shall contain the proposal of technical rules in Norwegian and English. If it does not set forth by the rule bill, the message is to justify why the rules are deemed necessary.
As long as it is not obvious unnecessary for the understanding of the technical rules, other relevant parts of the regulations shall also be included in the message. If changes are made to technical rules that have previously been reported to the EFTAs monitoring organ, it is sufficient that the message contains the changes.
When the proposal exclusively builds on an international or European standard, it is sufficient that the message refers to the appropriate standard.
If the proposal particularly takes aim at limiting the turnover or the Applicability of a chemical, pretrial or product to protect the health, environment or consumers, the message should also provide information as mentioned in directive 98 /34/EF Article 8 # 1 fourth clause.
Part Article
Chapter III. Stillstand alike
SECTION 6.
Stillstand alike
Proposals to technical rules to be reported after Section 4 cannot be passed until three months after the time the EFTAs surveillance organ receives message after Chapter II, unless otherwise follows by third clause of the paragrafen here or Section 7 and 8.
If an EES state, Switzerland, the EFTAs Watch organ or Eurovision Commission gives comments to a proposal for technical rule, it shall so far be taken into account for these.
If the ministry within three months rained from the time the EFTAs surveillance organ receives the message, receives an execution statement from an EFTA state, Switzerland or EFTAs surveillance organ that the planned ceiling can create obstacles for the free The mobility of goods or information community services, or for establishment of such services, the ordinance shall be postponed with further
| a) |
a month for proposals for information community services and for proposals to terms in agreements as mentioned in Section 3 # 1 other clause, and |
| b) |
three months for other suggestions for technical rules. |
Part Article SECTION 7.
Exceptions from the standoff of the need for immediate decision
Stillstand duty after Section 6 does not receive the Applicability when technical rules must be worked out in a short time and be immediately passed due to a serious and unpredictable situation related to
| a) |
protection of the public health, animal health or plant life, |
| c) |
public order when it comes to rules about information community services, herunder particularly rules to the protection of minors. |
Stillstand duty after Section 6 also does not apply when rules about financial services must be passed and put into effect immediately because of a serious situation related to the financial system's security and integrity, herunder very rules to protection of the insert, investors and insured.
The message after chapter II is to indicate the reason for immediate pass-to-be deemed necessary.
Part Article SECTION 8.
Other exceptions from the standoff
Position of silence after Section 6 is not going to be Applicability
| a) |
technical rules that prohibit production without preventing the free mobility of goods, and |
| b) |
technical rules on economic measures as mentioned in Section 3 number 1 other clause. |
Part Article
Chapter IV. Court effects on violation of the law
SECTION 9.
Uuses
Techniques enacted without treatment in accordance with Chapter II and III, cannot be used or invoked in accordance with Section 10, so far Applicability or invoke will be able to prevent or difficulties
| a) |
production, import, revenue, or use of a product, or |
| b) |
performance, revenue, establishment, or use of information community services. |
Part Article SECTION 10.
Message and stachement after the ordinance
Technical rules adopted without treatment in accordance with Chapter II and III shall immediately be reported to the EFTAs monitoring organ after Section 4 and 5 as suggestions for technical rules.
If the acknowledged technical rules do not change after they are processed in accordance with Chapter II and III, the rules will be staunpinned. Technical rules adopted by law, staunpinned by the King. Technical rules adopted by regulation, staunpinned by the organ that has adopted the regulation.
Part Article SECTION 11.
Announcement in Norwegian Lovtimeend
At the same time, message after Section 10 first clauses are sent to the EFTAs surveillance organ, enlightenment of the message is to be sent to the announcement in Norwegian Lovtimeend.
Stadreddit after Section 10 other joints shall be announced in Norwegian Lodend.
By the announcement, according to this paragrafen, the requirements apply in Section 12.
Part Article
Chapter V. Different provisions
SECTION 12.
Referral to this law
Technical rules that are announced shall contain a referral to directive 98 /34/EC, which changed by directive 98 /48/EF, and this law.
Part Article SECTION 13.
Information to the EFTAs Watch organ
Technical rules that have been reported to the EFTAs monitoring organ by the law here and have in effect shall be submitted to the EFTAs surveillance organ through the ministry.
Part Article Section 13 a.
Electronic administrative cooperation in the EPS
The Ministry can provide regulations on electronic management system for electronic administrative cooperation in the EPS, herunder regulations on the scope of and effective use of the system and about privacy policy.
| 0 |
Added by law 18 des 2015 # 132 (ikr. 1 jan 2016 ifg. res. 18 des 2015 # 1621). |
Part Article SECTION 14.
Meldeduty and of the standards of standards
The Ministry of Justice can at regulation give rules about the dairy duty of the national issue of the national outworks of standards.
Part Article SECTION 15.
Negotiations on the design and announcement of messages m.
The Ministry of Justice can at regulation give closer rules about the design and announcement of messages and about execution statements or comments on other states ' suggestions for technical rules.
| 0 |
Modified by law 15 aug 2014 # 60 (ikr. 18 aug 2014 ifg res. 15 aug 2014 # 1078). |
Part Article Section 15 a.
Prescription of European Standards
The Ministry of Justice can at regulation give closer rules on European standardizing.
| 0 |
Added by law 15 aug 2014 # 60 (ikr. 18 aug 2014 ifg res. 15 aug 2014 # 1078). |
Part Article
Chapter VI. Meldeduty of the requirements of service business
| 0 |
Capital added by law 19 June 2009 # 103 (ikr. 28 des 2009 ifg res. 19 June 2009 # 672). |
SECTION 16.
Viral Area of Chapter VI
For Section 17 and 18, the service laws Chapter 1 will apply.
| 0 |
Added by law 19 June 2009 # 103 (ikr. 28 des 2009 ifg res. 19 June 2009 # 672), the former Section 16 changed when paragrafnumber to Section 19. |
Part Article SECTION 17.
Meldeduty of certain demands for service business in the realm
Proposals to the following requirements to start and exercise service business in the realm shall be reported to the EFTAs monitoring organ through the ministry :
| a) |
quantitative or geographical limitations, |
| b) |
duty of service provider to have a specific legal form, |
| c) |
requirements related to ownership in an enterprise, |
| d) |
requirement that a service can only be used by service providers within a specific profession, excluding the requirements applicable to the legislated professions by the EAIS Agreement Attachment VII Section 1 (Directive 2005 /36/EC) about approval of professional quality fixations. |
| e) |
requirements of minimum number of employees, |
| f) |
requirement of minimum prices or highest prices for a service, and |
| g) |
requirement to te others closer to designated services along with the main performance. |
The message shall contain suggestions of Norwegian and English and should show that the requirement
| a) |
neither directly nor indirect difference processing on the basis of citizenship or establishment state, |
| b) |
are due out from forced public consideration, and |
| c) |
is suitable and necessary to achieve the purpose of the requirement. |
| 0 |
Added by law 19 June 2009 # 103 (ikr. 28 des 2009 ifg res. 19 June 2009 # 672), formerly Section 17 changed paragrafnumber to Section 20. |
Part Article SECTION 18.
Meldeduty of claims to service providers from other EDS state
Proposals to requirements that can be made current to a service provider from another EDS state in accordance with the Service Act Section 16 and 17, shall be reported to the EFTAs surveillance organ through the ministry.
The message shall contain suggestions of Norwegian and English and should show that the requirement
| a) |
neither directly nor indirect difference processing on the basis of citizenship or establishment state, |
| b) |
is due out from the envision of public order and security, the public health or environmental protection, and |
| c) |
is suitable and necessary to achieve the purpose of the requirement. |
| 0 |
Added by law 19 June 2009 # 103 (ikr. 28 des 2009 ifg res. 19 June 2009 # 672). |
Part Article
Chapter VII. End regulations
| 0 |
Modified by law 19 June 2009 # 103 (ikr. 28 des 2009 ifg res. 19 June 2009 # 672), changed chapter number from the VI. |
SECTION 19.
Istrontrecation and transition provision
The law applies from the time the King decides. 1
The law does not apply to technical rules adopted prior to the law of law.
| 0 |
Modified by law 19 June 2009 # 103 (ikr. 28 des 2009 ifg res. 19 June 2009 # 672), modified paragrafnumber from Section 16. |
| 1 |
From 1 jan 2005 ifg. res. 17 des 2004 # 1675. |
Part Article SECTION 20.
Other lovencles
From the time the law takes effect, the following change is made in law 10. February 1967 about the processing way in management cases Section 38 first clause letter a :---
| 0 |
Modified by law 19 June 2009 # 103 (ikr. 28 des 2009 ifg res. 19 June 2009 # 672), modified paragrafnumber from Section 17. |
Part Article
