Norway

1. Which authority is in charge of the civil aviation registry in Norway? Does Norway use a single-registry system or is there a dual-registry system in place?

Norway has implemented the European Regulation on electronic identification and trust services for electronic transactions in the internal market (eIDAS), and in the private sector, electronic signatures are widely accepted. In the public sector, however, the acceptance of electronic signatures is limited.

According to the Public Administration Act section 15 a), it may be prescribed regulations relating to electronic communication between the public administration and the general public and to electronic case processing and communication in the public administration, including rules concerning the forms of electronic communication that may be used, signing, authenticating, securing integrity and confidentiality, requirements that apply to the products, services and standards that may be used etc.

However, no specific regulations have been made regarding the using of documents with the use of digital platforms or electronic signatures by the Aviation Authority.

2. Is the registry an operator registry or an owner registry (or both)?

N/A

3. What are the requirements and documentation to register an aircraft in Norway? Include references to formalities such as notarisation, legalization, etc.

The Norwegian Civil Aircraft Register (“Luftfartøyregisteret”) is kept electronically, cf. the Civil Aviation Act section 3-1 and Registration of Aviation (administrative act) section 4.

Any document that “establishes, changes, transfers, encumbers, recognizes or cancels a right” can be annotated in The Norwegian Civil Aircraft Register, cf. Civil Aviation Act section 3-22. A general overview of The Norwegian Civil Aircraft Register, providing information regarding the ownership of the aircraft, is available on The Norwegian Civil Aviation Authority ́s (“Luftfartstilsynet”) website.

However, the Register is not open for use and registration by the users, but the electronic Register is merely an overview based on the written documents that are submitted to the Register.

4. What fees are payable to register an aircraft in Norway?

It is not possible for users to upload files electronically themselves. Any document must be sent to the Civil Aviation Authority manually in written format for registration. The Civil Aviation Authority will then enter the document in the electronic Register.

5. Are there any weight and/or maximum age restrictions to register an aircraft in Norway?

Documents that are not subject to filing will be held valid and enforceable inter partes when duly executed digitally.

6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of Norway?

Yes. The Norwegian courts use an electronic communication portal called “Aktørportalen”, which lawyers are obliged to utilize, cf. Regulation on electronic communication with the courts section 3a.

This does, however, not apply to communication with the Norwegian Conciliation Board, which is, in fact, the appropriate court of first instance for claims (i) below NOK 200,000 or (ii) exceeding NOK 200,000 if a defendant has not been represented by legal counsel, cf. the Norwegian Dispute Act section 6-2. Submitting lawsuits, pleadings and procedural documents must therefore be done by post to the Conciliation Board.

7. How is an aircraft title transfer effected in Norway? What are the formalities required to register such title transfer in the national registry of Norway (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.

Authorized lawyers and associates are obliged to register as a user and utilize the electronic communication system (“Aktørportalen”) to upload procedural documents, cf. Regulation on electronic communication with the courts section 3a. This entails that lawsuits, pleadings and procedural documents are uploaded directly to the system, which are all accepted as executed once submitted. Non-professionals litigating their own case are generally not permitted to register as a user in this system.

Otherwise, the courts also accept procedural documents by e-mail that are signed electronically.

There are no official digital signatures in Norway. The most used means of electronic identification and signatures in Norway in respect of public services is BankID, which is a private digital signature satisfying the requirements of the eIDAS regulations.

8. What information and details are reflected in the certificate of registration of an aircraft?

Electronic signature through the electronic communication system is equal to a regular signature, cf. Regulation on electronic communication with the courts section 11. The digital signature must, however, satisfy the requirements of the eIDAS regulation to achieve this legal effect.

That being said, under Norwegian law, oral agreements are as binding as written agreements as long as there is sufficient evidence of an intent to enter into the agreement. Therefore, any form of electronic signature not satisfying the requirements (e.g., DocuSign) may, under the circumstances, be sufficient to establish a validly executed agreement enforceable between the parties.

9. Are the entries in the aircraft registry of Norway made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?

No. The Norwegian Civil Aircraft Register does not accept digital signatures, either from Norwegian entities or foreign entities.

10. What kind of aircraft operations can be conducted with aircraft registered in Norway (i.e., private use, commercial air transport or both)?

Not to date. We are, however, aware that certain public registries are experimenting with registrations based on blockchain technology.

11. Does the civil aviation authority in Norway authorise the operation of foreign registered aircraft? If so, with which countries has Norway entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?

a. Has Norway implemented the e-Apostille program?

One requirement for registration is that if the owner is an EEA company, enterprise or association, a self-declaration must be submitted confirming this. The declaration must be confirmed by a Notary Public. Outside the Nordic countries, the notary’s signature must be confirmed by an apostille or legalization.

As stated above, it is not possible to submit aviation documents electronically.

Consequently, Norway has not implemented the e-Apostille program.