Medicinal products
- Document symbol
- G/LIC/N/3/NOR/10
- Original language
- English
- Published on
- 27/04/2021
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
A licence is necessary for companies who want to import medicinal products for (whole)sale. Personal imports from outside the EU/EEA-area are prohibited. However, the Norwegian Medicines Agency can permit an exception under special circumstances. In these cases, a licence is necessary. An import licence has to be applied for. In practice such licences are given when a shipment is stopped by the Customs, not in advance.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The licensing systems are the two mentioned above. The products covered are all medicinal products.
Q3. The system applies to goods originating in and coming from which countries?
Companies' imports: from all countries inside EU/EEA-area an import license is necessary. From countries outside this area a manufacturing–licence is necessary. Imports of medicinal product not intended for medical use can be imported from all countries. Personal imports: a licence after exception is needed from countries outside EU/EEA-area.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The overall purpose of the licensing system is to ensure that medicines sold on the Norwegian market have good quality, are effective and safe to use.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Is the licensing statutorily required?
Medicinal Product Act No. 132 of 4 December 1992, §12 and §13, Regulation No. 1219 of 21 December 1993 regarding wholesaling, Regulation No. 1441 of 2 November 2004 regarding production and imports of medicinal products.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The notion of a medicinal product is defined by the above regulation.
Is it possible for the government to abolish the system without legislative approval?
A legislative approval is necessary to abolish the system.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Applications from companies shall be handled within 90 days, but there is usually a much shorter time-limit. The 90-days deadline follows from the EU Directive 2001/83/EC, Art.78, which is incorporated into the Wholesale Regulation § 2. Goods arriving at the port without licence can under special circumstances be imported for the one case if it later will be given an import licence.
Applications from persons will be handled within one or a few days.
Q7.b. Can a licence be granted immediately on request?
Usually not, see Answer 7a
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The licence is given by the Norwegian Medicines Agency. The Customs control the imports.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
If the company is not registered in Norway, the application will be refused.
Are the reasons for any refusal given to applicants?
The reason for a refusal will be given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes.
If so, to what bodies and under what procedures?
It is possible to appeal the decision to the Ministry of Health and Care Services under an administrative procedure. The applicant may also refer the matter to a court of law.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Is there a system of registration of persons or firms permitted to engage in importation?
Companies have to be registered in Norway.
What persons or firms are eligible to apply for a licence?
Everyone, both companies and individuals, are eligible to apply for an import licence.
Is there a registration fee?
There is no registration fee.
Is there a published list of authorized importers?
The Norwegian Medicines Agency publishes a list containing the companies which have an import licence, see https://legemiddelverket.no/english/import-wholesaling-and-retailing.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
An application form is submitted at request. The company has to fill in the application form and eventually give additional information, if required.
Q11. What documents are required upon actual importation?
The importer has to present the import licence to the Customs.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Normally the validity of a licence is five years. In certain cases the period can be shorter. The period of validity may be extended after an application for extension.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.