Tobacco products and equipment for tobacco production
- 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 from 1 November 2020 a licencing system in place for import, export and manufacturing of tobacco products and equipment for tobacco production.
Import, export and production of tobacco products and equipment for tobacco production is prohibited without a permit. Individuals may import tobacco products for personal use without a permit.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The licencing system covers all types of tobacco products and equipment for tobacco production.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to all countries.
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 purpose is to limit the health damage of tobacco use by ensuring that the sale of tobacco products takes place in accordance with the provisions of the Tobacco Control Act. The purpose is also to ensure an overview of the supply chain of tobacco products in order to avoid illicit trade.
The Protocol to Eliminate Illicit Trade in Tobacco Products Article 6 obliges the parties to either prohibit the production, export and import of tobacco products and equipment for tobacco production, or to establish a licensing scheme for such activities. Norway has chosen to follow up this obligation by establishing a licensing scheme.
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 statutory authority for the licencing system is found in the Norwegian Tobacco Control Act No. 14 of 9 March 1973, Section 8.
In Norwegian: https://lovdata.no/lov/1973-03-09-14
The licencing system is further elaborated in Regulations No. 1446 on registration and licencing systems for tobacco products etc of 21 September 2017.
In Norwegian: https://lovdata.no/dokument/SF/forskrift/2017-09-21-1446?q=tobakk
The licensing system is stautorily required.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not leave designation of products to be subjected to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
It is not possible for the government (or the executive branch) 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. Licenses cannot be obtained within a shorter time-limit or for goods arriving at the port without a license.
Q7.b. Can a licence be granted immediately on request?
A license cannot be granted immediately on request.
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.
There are no limitations as to the period of the year during which application for license and/or importation may be made.
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?
Which administrative body is responsible for approving application of licences?
The consideration of license applications are effected by the Norwegian Directorate of Health. The application must not be passed on to other organs for visa, note or approval.
Must the applications be passed on to other organs for visa, note or approval?
The importer does not have to approach more than one administrative organ.
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. An application may only be refused if it fails to meet the ordinary criteria.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are given to the applicant in the decision.
Have applicants a right of appeal in the event of refusal to issue a licence? If so, to what bodies and under what procedures?
The decision of the Norwegian Directorate of Health may be appealed to the Ministry of Health and Care Services according to Section 28 of the Public Administration Act: https://lovdata.no/NLE/lov/1967-02-10/§28
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?
What information is required in applications?
The following information is required in the application:
a. The company's name, organization number, address and contact information as well as information about any subcontractors.
b. Information on the type of permit applied for.
c. Overview of accounts used in transaction purposes.
d. Information on persons with significant influence over the business
e. Documentation of who owns the business applying for a license.
f. Overview of tobacco products and tobacco equipment covered by the permit application, including product groups, product description, name, any registered trademark, design, make, model or make and serial number of the production equipment.
g. Description of how the tobacco products are intended to be used and in which market it is intended to be traded in, and an account of the supply is in proportion to the demand that can reasonably be expected.
h. Plan for internal control system, including routines for proper flow of goods and storage, and possibly documentation of insurance and physical security of inventory and production premises.
i. Access documents and floor plans of the company's premises.
j. Extended and exhaustive police certificate
What documents is the importer required to supply with the application?
The Norwegian Directorate of Health may also require the applicant to submit:
a. Company certificate, possibly foundation documentation
b. Bank statements from accounts used for transaction purposes
c. Financing plan and operating and liquidity budget
The application form can be found here: Altinn - Søknad om bevilling for innførsel, utførsel og produksjon av tobakksvarer
Q11. What documents are required upon actual importation?
No documents are required upon actual importation as all licenses are registered in a public register.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
There is an administrative charge (application fee) that must be paid by the applicant.
What is the amount of the fee or charge?
NOK 15 000
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.
Is there any deposit or advance payment required associated with the issue of licences?
The application fee covers administration costs related to the request for importation.
Is it refundable?
The application fee is non-refundable and must be paid when the application is submitted.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
There is no limit on the period of validity of a licence.
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?
There are no other conditions attached to the issuing of licences.
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.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Foreign exchange is automatically provided.