Other Entities which Procure in Accordance
With the Provisions of this Agreement

Supplies
Threshold: SDR 400,000

Services (specified in Annex 4)*
Threshold: SDR 400,000

Works  (specified in Annex 5)
Threshold: SDR 5,000,000

List of Sectors:

1. The electricity sector:**

 Public entities producing, transporting or distributing electricity pursuant to Lov om bygging og drift av elektriske anlegg (LOV 1969-06-19), Lov om erverv av vannfall, bergverk og annen fast eiendom m.v., Kap. I, jf. kap. V (LOV 19-17-24 16, kap. I), or Vassdragsreguleringsloven (LOV 1917-12-14 17) or Energiloven (LOV 1990-06-29 50).

2. Urban transport:

 Public entities which have as one of their activities the operation of networks providing a service to the public in the field of transport by automated systems, urban railway, tramway, trolley bus, bus or cable according to Lov om anlegg og drift av jernbane, herunder sporvei, tunellbane og forstadsbane m.m. (LOV 1993-06-11 100), or Lov om samferdsel (LOV 1976-06-04  63) or Lov om anlegg av taugbaner og løipestrenger (LOV 1912-06-14  1).

3. Airports:

 Public entities providing airport facilities pursuant to Lov om luftfart (LOV 1960-12-16 1).

 Luftfartsverket      National Civil Aviation Administration

4. Ports:

 Public entities operating pursuant to Havneloven (LOV 1984-06-08 51).

5. Water supply:**

 Public entities producing or distributing water pursuant to Forskrift om Drikkevann og Vannforsyning (FOR 1951 - 09-28).

Notes to Annex 3

* This Agreement shall not apply to service contracts which:

 (a) a contracting entity awards to an affiliated undertaking;

 (b) are awarded by a joint venture formed by a number of contracting entities for the purpose of carrying out a relevant activity within the meaning of paragraphs 1-5 of this Annex to one of those contracting entities or to an undertaking which is affiliated with one of these contracting entities;

 provided that at least 80 per cent of the average turnover of that undertaking with respect to services arising within the EEA for the three preceding years derives from the provision of such services to undertakings with which it is affiliated.  When more than one undertaking affiliated with the contracting entity provides the same service or similar services, the total turnover deriving from the provision of services by those undertak¬ings shall be taken into account.

** The supply of drinking water and electricity to networks which provide a service to the public by a contracting entity other than  a public authority shall not be considered as a relevant activity within the meaning of paragraphs 1 and 5 of Annex 3 where:

 - the production of drinking water or electricity by the entity concerned takes place because its consumption is necessary for carrying out an activity other than that referred to in paragraphs 1 and 5 of this Annex, and

 - supply to the public network depends only on the entity's own consumption and has not exceeded 30 per cent of the entity's total production of drinking water or energy, having regard to the average for the preceding three years, including the current year.