Powerful laser pointers
- 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.
Norway has a non-automatic licence in place for powerful laser pointers. The Norwegian Radiation and Nuclear Safety Authority is the competent authority for granting licences. A licence is necesarry to own, possess, manufacture, import, export, use or sell powerful laser pointers in Norway. Permits will be granted to those who have a legitimate need to use a powerful laser pointer.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
A licence is required for all importers of powerful laser pointers class 3R, 3B and 4. The permit may be granted for a given period of time.
Q3. The system applies to goods originating in and coming from which countries?
The system has a global application.
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?
Imports are not regulated on a quantitative basis. The objective of the licencing system is to prevent harmful and potentially dangerous use of laser pointers. The overall purpose is to ensure the proper use of radiation, prevent harmful effects of radiation on human health and contribute to the protection of the environment.
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?
The licencing system is mandated in the Norwegian Act on radiation protection Section 6, and further elaborated in the Norwegian Regulations on radiation protection Section 10.
Act on Radiation Protection and Use of Radiation (No. 36 of 12 May 2000):
In Norwegian: https://lovdata.no/dokument/NL/lov/2000-05-12-36?q=str%C3%A5levern
In English: https://dsa.no/en/legislation
Regulations on Radiation Protection and Use of Radiation (No. 1659 of 16 December 2016):
In Norwegian: https://lovdata.no/dokument/SF/forskrift/2016-12-16-1659?q=str%C3%A5levern
In English: https://dsa.no/en/legislation
The licencing system is thus statutorily required
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The designation of products to be subjected to licensing is not left to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
It is possible for the government to abolish the system without legislative approval.
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)?
The processing time for an application is 30 days.
Q7.b. Can a licence be granted immediately on request?
Import applications must be written. The application will be handled without unnecessary delay.
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.
Applications for licences are not limited to any particular time of year.
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 Norwegian Radiation and Nuclear Safety Authority issues the licence.
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 applications meet the criteria, a licence is granted.
Are the reasons for any refusal given to applicants?
An application may only be refused if it fails to meet the ordinary criteria.
Have applicants a right of appeal in the event of refusal to issue a licence?
The reasons for any refusal are given to the applicant in the decision.
If so, to what bodies and under what procedures?
The decision of the Norwegian Radiation and Nuclear Safety Authority may be appealed to the Ministry of Health and Care Services.
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?
All persons, firms and institutions are eligible to apply for an import licence.
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?
The following information is required in the application: Name and address of applicant, item number according to the Norwegian customs tariff, description of goods, end-use statement, country of origin, and other relevant information (such as date, signature, telephone number, reference).
Authorization is granted only when
(a) the applicant can document that the laser pointer is designed, classified and marked in compliance with requirements stated in Section 35;
(b) the applicant can document that the planned use of the laser pointer is justified according to Section 5; and
(c) no reason to anticipate misuse of the laser pointer.
Authorizations can be granted to undertakings and individual persons. An authorization can involve several laser pointers and be time limited.
In the authorization, the Norwegian Radiation and Nuclear Safety Authority may set further conditions to assure justified use of radiation and prevent against harmful effects of radiation on human health. This may include further conditions for the radiation use, registration, reporting, competence, training, security, use of measuring equipment, maintenance routines, quality control of apparatus and equipment for radiation use, return schemes, financial guarantees, import, export, emergency preparedness and design of premises.
The Norwegian Radiation and Nuclear Safety Authority may cancel, change or set new conditions in an authorization, and if necessary, withdraw an authorization if:
(a) conditions set, or orders made pursuant to the Radiation Protection Act are materially or repeatedly ignored; or
(b) it follows from an authorization issued under Sections 9 or 10 or the Public Administration Act Section 35.
Q11. What documents are required upon actual importation?
At the actual time of importation, the Authority's decision to grant a licence should be presented to customs.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There are no charged levies or other licensing fees.
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 deposit or advance payment is required for licensing.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The licence may be time limited if the Authority so decides.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty on licences which have not been used or on licences which have only been used partially.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences cannot be transferred between importers.
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?
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.