Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the Government’s report. It recalls its previous comment in which it observed that in the absence of specific information on the measures taken and the text of any concrete provisions giving effect to the Convention, it was unable to examine the extent to which application is ensured. In its second detailed report, the Government again fails to provide clear answers as to the state of national law and practice with regard to labour clauses in public contracts and refers to certain laws, documents and collective agreements which are strictly irrelevant to the application of the provisions of the Convention.

The Committee understands that the Norwegian legislation governing public procurement consists at present of the Public Procurement Act No. 69 of 16 July 1999, which repealed the Public Procurement Act No. 116 of 27 November 1992, and two sets of regulations on the procurement of goods, services and building and construction work. The Committee asks the Government to specify whether any of the abovementioned instruments contains express provisions requiring the insertion of labour clauses in all public contracts covered by the Convention, their advertisement and the application of appropriate sanctions in case of non-observance, in accordance with Articles 2, 4 and 5 of the Convention. The Government is also requested to indicate whether the provisions of the Convention are given effect by means of an administrative circular or instructions, and if so, to furnish a copy of the relevant text(s).

Finally, the Committee transmits herewith a copy of an explanatory note established by the Office on the objectives of the Convention and the practical way in which legislative conformity may be ensured and expresses the firm hope that the Government will make every effort to take the necessary action in the very near future.

Part V of the report form. The Committee recalls that under Article 6 of the Convention and Part V of the report form governments are required to give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the approximate number of workers covered by relevant legislation, etc. The report form, which was adopted by the Governing Body of the ILO, is the main channel through which the Committee may obtain all the necessary information in order to follow the evolution of the national law and practice in matters covered by the Convention. The Committee would therefore be grateful if the Government would supply in its next report detailed information on the practical application of the Convention, including, for instance, samples of public contracts, any standard text of a labour clause currently in use, information from inspection services on the supervision and enforcement of national legislation, recent studies on the social dimensions of the procurement process and any other particulars bearing on the measures designed to implement the Convention.

[The Government is asked to report in detail in 2004.]