Regulations on AS Vinmonopolet's purchasing activity etc.
Date FOR 1995-11-30-938
Ministry of Health and Care Services
Published In 1995 1541
Commencement 01.01.1996
Edited
FOR 2016-06-24-817 from 01/07/2016
Changes
FOR-1993-12-21-1218
For
Norway
Legal
LOV-1989-06-02-27-3-1
Promulgated
Corrected 01.12.2006 (§ 8-1 reversed)
Short Title
Regulations on Vinmonopolet's purchasing
Chapter Overview:
Chapter 1. General provisions (§§ 1-1 - 1-4)
Chapter 2. Vinmonopolet base and party choice (§§ 2-1 - 2-3)
Chapter 3. Procurement Procedures basis - and party choice (§§ 3-1 - 3-5)
Chapter 4. Additional selection (§§ 4-1 - 4-2)
Chapter 5. Test range (§§ 5-1 - 5-6)
Chapter 6. Ordering selection (§§ 6-1 - 6-2)
Chapter 7. Ordering products outside product portfolio (§§ 7-1 - 7-2)
Chapter 7A. Auction (§§ 7A-1 - 7A-2)
Chapter 8. Pricing and transparency (§§ 8-1 - 8-2)
Chapter 9. Delivery (§9-1)
Chapter 10 . Miscellaneous provisions (§§ 10.1 - 10.3)
Adopted by Health and Social Affairs (now the Ministry of Health) on 30 November 1995 by virtue of the Law of 2 June 1989 no. 27 sale of alcoholic beverages etc. (Alcohol Act) § 3-1 fifth paragraph with amended the Act of 23 June 1995 no. 42.
changes: Amended by regulations 22 September 2000 no. 967, January 10, 2006 nr. 62, March 24, 2006 no. 376, 8 Dec 2011 no. 1220, 24 June 2016 No.. 817.
Corrections: 01.12.2006 (§ 8-1 reversed).
Chapter 1. General Provisions
§ 1-1. Purpose Vinmonopolet's purchasing and sales of alcoholic beverages should be in the alcohol policy framework happen on normal commercial terms, adapted to demand and ensure equal treatment.
§ 1-2. Definitions wholesaler in this regulation means the person or company that can drive wholesale, cf. Act of 2 June 1989. 27 on sales of alcoholic beverages etc. § 1-4C.
§ 1-3. Scope This regulation applies to Vinmonopolet's purchasing, sales and auctions of alcoholic beverages covered by the company's exclusive rights under the Act of 2 June 1989. 27 on sales of alcoholic beverages etc. § 3-1, first and fifth paragraphs.
§ 1-4. Vinmonopolet product range Vinmonopolet product range includes a basic choice, a party selection, an additional sample, a test sample and an order selection.
Sales from the base, groupage, supplementary and tour selection happens Vinmonopolet risk. Sales of test sample happens wholesaler risk, cf. § 5-4 and § 5-5.
Chapter 2. Vinmonopolet base and party selection
§ 2-1. Definition Vinmonopolet basic choice is understood in this regulation products included guidelines for repurchase in § 2-2. With party selection means products which it purchased a limited batch of.
§ 2-2. Guidelines Vinmonopolet base and party committee shall be composed based on an assessment of actual and expected demand. The product range in the various outlets to be adapted to demand in selling the sales areas. Other products from the basic and party committee that outlet not stock, to be delivered on demand.
Basic committee divided into product groups. For each product group set a maximum number of products. The product groups shall consist of products with the highest sales volume nationwide measured in a specified period. If a product has not sold sufficient to maintain space in the product group, further purchases of the product is stopped.
Product Groups' number, size and measurement basis for sales volume determined by Vinmonopolet in the interest of market adjustment, effective competition and the size of the basic sample.
One new party by a party goods may be purchased within 6 months after the initial purchase.
§ 2-3. Marketing and product plan Vinmonopolet shall prepare an annual marketing and product plan that will explain the main features of the composition of the base and the party committee.
Market and product plan is public.
Chapter 3. Procurement Procedures base and party selection
§ 3-1. General Vinmonopolet shall consider offers to buy on equal terms.
§ 3-2. Purchasing after obtaining competing offers purchasers made after obtaining such a large number of offers that genuine competition is achieved, unless the terms of purchase by § 3-3 are met.
By decision which offer is best, be it besides price, particular emphasis is placed on quality and deliverability.
Providers who have been refused, shall be notified in writing.
§ 3-3. Purchasing without obtaining competitive offers purchases without obtaining competing offers may be used when
1.
Product on the basis of actual sales in the test sample or order range qualifies for listing in the basic range, ref. § 5-5 and § 6-2
2.
Product only available from a wholesaler, or
3.
Purchase due to unforeseen circumstances can not be postponed.
Vinmonopolet may limit the costs of purchasing products from ordering the committee if it is necessary to maintain a reasonable balance between the products purchased by the first paragraph. 1 and § 3-2.
§ 3-4. Sensory test ultimately Vinmonopolet may decide that a sensory product evaluation is contained in procurement evaluation. This made by Vinmonopolet sensory test instance.
Trial procedures shall be documented. It recognized test protocol of the results of the tests. The report is public.
Detailed rules for the sensory test instance determined by Vinmonopolet.
§ 3-5. Offers Protocol All offers of purchase entered into a promotional protocol. Quote protocol shall state what offers are selected and the reasons for the choice. The offered prices are not entered into the protocol.
Offer Protocol is public.
Chapter 4. Additional Selection
§ 4-1. Creation Each outlet should have a local supplement range. The committee must have a reasonable scope and composition shall take into account local demand. Each outlet should have provided information on their supplementary sample.
Products to the local additional sample can be selected either from Vinmonopolet list of products to additional selection, cf. § 4-2 second paragraph, or from ordering Committee, ref. Chapter 6.
§ 4-2. Guidelines Interested wholesalers must give written notice to Vinmonopolet about products for which a sheet of additional local selection, specifying the price and quantity that can be delivered.
The list of products that are reported be submitted to all Vinmonopolet outlets. The list shall be accompanied by a short product review of the wholesaler.
Detailed guidelines for supplementary sample determined by Vinmonopolet.
Chapter 5. Test Selection
§ 5-1. Creation Vinmonopolet shall have a test range. The test range is intended to ensure market access for products which are not taken into Vinmonopolet base or party committee.
§ 5-2. Recording Wholesalers directed writing to Vinmonopolet for admission has the right to obtain a certain number of products in the test sample. Vinmonopolet determines the number of products per wholesaler in the interest of equal treatment and the size of the test sample.
When a product is launched in the test sample, may wholesaler enroll a new product within the framework of the current determined quota per wholesaler.
Vinmonopolet may decide to pay a fee to cover costs associated with the launch of the product in the test sample. Further rules concerning the fee and payment determined by Vinmonopolet.
§ 5-3. (Repealed from 1 July 2006, cf. Regulation 24 March 2006 no. 376.)
§ 5-4. Sales of test sample products from the test sample is passed for sale in a representative portion of Vinmonopolet outlets. The number of outlets with test selection and their location determined by Vinmonopolet. The wholesaler receives settlement periodically as the products are sold. Further conditions stipulated by Vinmonopolet.
§ 5-5. Test Period The test range is subdivided in the same product categories that apply to the basic range. Achieved sales volume nationwide measured in a specified test period and is adjusted in relation to sales volume in outlets with test selection, cf. § 5-4. Measurement Basis for sales volume determined by Vinmonopolet in the interest of market adjustment, effective competition and the size of the basic sample.
If a product in the test sample achieves a sufficiently high sales volume, ref. § 2-2 second paragraph, purchased product into Vinmonopolet basic choice after the expiry of the test period.
If sales of a product in the test sample is lower than needed to qualify to purchase the basic range, returned unsold surplus stock of the product to the wholesaler for his account and risk.
§ 5-6. Price wholesale prices for the products in the test sample is assumed for Vinmonopolet determining sales price. The price from the wholesaler to be fixed and can not be changed during the test period. In the event of transfer of the product to the basic range for the test period, the wholesaler's price in effect during the test period, it remains unchanged for 6 months.
Chapter 6. Ordering Selection
§ 6-1. Registration - Terms wholesalers have the right to have products registered in a special price list for an order selection, which is available in all outlets. The wholesaler must give Vinmonopolet written notice of the product's name with product coverage and price.
Booking committee will be available at the wholesaler's stock and with the same delivery conditions for products in base and party committees.
Vinmonopolet may require an order of products from this committee be prepaid.
§ 6-2. The division into product groups Ordering committee divided into comparable product groups that apply to the basic range. Achieved sales volume nationwide measured in a specified period. Measurement Basis for sales volume determined by Vinmonopolet in the interest of market adjustment, effective competition and the size of the basic sample.
If a product in order range achieves a sufficiently high sales volume, ref. § 2-2 second paragraph, purchased product into Vinmonopolet basic choice after the end of the measurement period.
Chapter 7. Ordering products outside product range
§ 7-1. Scope Vinmonopolet is to consumers committed to delivering on demand all products that are not represented in the product range, ref. § 1-4, but that can be supplied by a wholesaler.
§ 7-2. The booking order shall be in writing and contain the product designation and the wholesaler's name and address.
Vinmonopolet may require ordering products outside the product range prepaid.
Chapter 7A. Auction
§ 7A-1. Scope AS Vinmonopolet can arrange auctions of alcoholic beverages group 2 and 3 between persons without the right of sale of alcoholic beverages. The Company may be assisted by auction house to conduct such auctions.
§ 7A-2. Fee AS Vinmonopolet may charge for providing auction.
Chapter 8. Pricing and transparency
§ 8-1. Pricing Vinmonopolet price shall be calculated based on the distributor's delivery price plus the premium for coverage of costs and profits. Price estimates are to be structured so that each product in the product range, ref. § 1-4, sold at the same price across the country.
Vinmonopolet objective should be that the retail price of half bottles shall constitute half of the cost of standard helflaske of the same product. If the purchase price is subject to a higher retail price, the price for half bottles exceed 60% of the cost of standard helflasker of the same product.
§ 8-2. Transparency Everyone has the right of access to the pricing of products sold through Vinmonopolet.
Chapter 9. Delivery
§ 9-1. Wholesaler's delivery obligation Vinmonopolet may require the wholesaler to supply the product to all outlets in the country and at the same price.
Chapter 10. Miscellaneous provisions
§ 10-1. Weighty alcohol policy reasons Vinmonopolet may decide to refrain from taking your product in our product range, ref. § 1-4 or fail to buy your product if there are weighty alcohol policy reasons, cf. § 1-1.
§ 10-2. Impartiality In the treatment of procurement matters, the rules on disqualification of the Act of 10 February 1967 relating to procedure in cases concerning public chap. II accordingly.
§ 10-3. Entry into force This regulation comes into force on 1 January 1996.
From the same date, the Regulations of 21 December 1993 no. 1218 about Vinmonopolet's purchasing and product range of spirits, wine and strong beer made pursuant to the Alcohol Act of June 2, 1989 . 27 § 2-3.
