Act on Greenland Self-Government of 12 June 2009

INATSISARTUT

Act on Greenland Self-Government June 2009

Act No. 473 of 12 June 2009
on Greenland Self-Government

Published by the Inatsisartut Bureau
November 2010

Act on Greenland Self-Government
of 12 June 2009

Table of Contents

Chapter 1 Self-Government Authorities and the Courts
Chapter 2 Self-Government Assumption of Jurisdictional Areas
Chapter 3 Financial Relations between the Greenland Self-Government and the State
Chapter 4 Foreign Affairs
Chapter 5 Cooperation between the Greenland Self-Government and the State Authorities regarding Acts and Administrative Regulations
Chapter 6 Dispute Resolution
Chapter 7 Language
Chapter 8 Greenland’s Access to Independence
Chapter 9 Entry into Force and Transitional Provisions

Annex
List I
List II

Act No. 473 of 12 June 2009
on Greenland Self-Government

WE, MARGRETHE THE SECOND, by the Grace of God Queen of Denmark, hereby make known:

The Folketing has adopted, and We, with Our consent, have ratified the following Act:

Recognising that the people of Greenland is a people pursuant to international law with the right of self-determination, this Act is founded on a desire to promote equality and mutual respect in the partnership between Denmark and Greenland. Accordingly, the Act is based on an agreement between Naalakkersuisut and the Danish Government as equal parties.

Chapter 1
Self-Government Authorities and the Courts

§ 1. The Greenland Self-Government holds the legislative and executive power within the assumed jurisdictional areas. Courts established by the Self-Government hold judicial power in Greenland within all jurisdictional areas. Accordingly, legislative power resides with Inatsisartut, executive power with Naalakkersuisut, and judicial power with the courts.

Chapter 2
Self-Government Assumption of Jurisdictional Areas

§ 2. The Greenland Self-Government may determine that the jurisdictional areas listed in the Annex to this Act are to be transferred to the Self-Government.

Subsection 2. Where several areas are listed under the same letter or number in the Annex, these areas shall be transferred to the Greenland Self-Government simultaneously, cf., however, subsection 3.

Subsection 3. The Greenland Self-Government may determine that part of the jurisdictional areas listed in List I, letter b, and List II, numbers 15, 25, and 27 in the Annex, is to be transferred to the Self-Government.

§ 3. Jurisdictional areas listed in Annex List I are transferred to the Greenland Self-Government at times determined by the Self-Government.

Subsection 2. Jurisdictional areas listed in Annex List II are transferred to the Greenland Self-Government at times determined by the Self-Government after negotiation with the State authorities.

§ 4. Naalakkersuisut and the Government may agree that jurisdictional areas that solely concern Greenlandic affairs and are not mentioned in the Annex may be assumed by the Greenland Self-Government.

Chapter 3
Financial Relations between the Greenland Self-Government and the State

§ 5. The State provides the Greenland Self-Government with an annual block grant of DKK 3,439.6 million, cf., however, § 8, subsection 1. The amount is stated at the 2009 price and wage level.

Subsection 2. The grant is adjusted annually in accordance with the increase in the general price and wage index in the Finance Act for the year in question.

Subsection 3. The grant is paid in advance as one-twelfth each month.

Subsection 4. The Minister of Finance may, by agreement with Naalakkersuisut, lay down rules regarding changed payment terms.

§ 6. Jurisdictional areas assumed by the Greenland Self-Government pursuant to §§ 2-4 are financed by the Self-Government from the time of assumption.

Subsection 2. The Greenland Self-Government assumes the real assets directly connected with an assumed jurisdictional area.

§ 7. Revenues from mineral resource activities in Greenland accrue to the Greenland Self-Government.

Subsection 2. The revenues specified in subsection 1 comprise the following:

1. Revenues pursuant to specific permits for preliminary investigation, exploration or exploitation of mineral resources, except amounts paid to cover expenses incurred by the Mineral Resources Directorate.
2. Revenues from any taxation in Denmark and Greenland of license holders, to the extent concerning the part of the business that relates to mineral resources in Greenland.
3. Revenues from Greenlandic and Danish public authorities’ shareholdings in companies, etc., that conduct business in the mineral resources area in Greenland.
4. Revenues from dividend tax, etc., in Denmark and Greenland concerning shareholders in companies that are license holders, or in companies that fully own such companies directly or indirectly and can receive dividends from them tax-free.

§ 8. Should revenues from mineral resource activities in Greenland accrue to the Greenland Self-Government, cf. § 7, the State’s block grant to the Self-Government is reduced by an amount equivalent to half of the revenues which, in the year in question, exceed DKK 75 million.

Subsection 2. With effect from 1 January of the year following the entry into force of this Act, the amount of DKK 75 million mentioned in subsection 1 is adjusted annually in accordance with the increase in the general price and wage index in the Finance Act for the year in question.

Subsection 3. The calculation pursuant to subsection 1 takes place in the subsequent year for settlement the year after.

§ 9. Upon the Greenland Self-Government’s assumption of the mineral resources area, the Government ensures that advice and other task performance are provided for a fee for use by the Self-Government in administering the mineral resources area.

Subsection 2. Naalakkersuisut and the Government shall enter into an agreement, with effect from the Greenland Self-Government’s assumption of the mineral resources area, on the services mentioned in subsection 1.

Subsection 3. Naalakkersuisut may decide to renew the agreement mentioned in subsection 2 in the form of multi-year agreements.

Subsection 4. When entering into agreements pursuant to subsections 2 and 3, the Government makes research of particular relevance to mineral resource exploration in Greenland available to Naalakkersuisut free of charge.

§ 10. If the State’s block grant to the Greenland Self-Government is reduced to DKK 0, cf. § 8, negotiations shall be initiated between Naalakkersuisut and the Government on the future financial relations between the Greenland Self-Government and the State, including the distribution of revenues from mineral resource activities in Greenland, the resumption of the State’s block grant to the Greenland Self-Government, and the continuation of an agreement on the services mentioned in § 9.

Chapter 4
Foreign Affairs

§ 11. Naalakkersuisut may act in international affairs as provided in this chapter and in agreements with the Government.

Subsection 2. The Government and Naalakkersuisut cooperate in international affairs as provided in this chapter with a view to safeguarding both the interests of Greenland and the overall interests of the Kingdom of Denmark.

Subsection 3. The competences granted to Naalakkersuisut in this chapter do not limit the constitutional responsibility and competences of the Danish authorities in international affairs, as foreign and security policy are matters for the Realm.

§ 12. Naalakkersuisut may negotiate and conclude international agreements on behalf of the Realm with foreign states and international organisations, including administrative agreements that solely concern Greenland and fully relate to assumed jurisdictional areas.

Subsection 2. International agreements that solely concern Greenland and the Faroe Islands and fully relate to assumed jurisdictional areas may, upon decision by both Naalakkersuisut and the Faroese Landsstyre, be negotiated and concluded on behalf of the Realm by Naalakkersuisut and the Faroese Landsstyre jointly.

Subsection 3. International agreements concluded pursuant to subsection 1 or 2 may be terminated pursuant to the same provisions.

Subsection 4. International agreements that affect defence and security policy, as well as international agreements that are to apply to Denmark, or that are negotiated within an international organisation of which the Kingdom of Denmark is a member, are negotiated and concluded pursuant to the rules in § 13.

Subsection 5. Naalakkersuisut informs the Government of intended negotiations before these are initiated, and of the progress of negotiations before international agreements are concluded or terminated. The specific framework for cooperation pursuant to this provision is laid down after negotiation between Naalakkersuisut and the Government.

Subsection 6. International agreements pursuant to subsection 1 are concluded on behalf of the Realm by Naalakkersuisut under the designation:
1) The Kingdom of Denmark in respect of Greenland, where the agreement appears as concluded between states.
2) Naalakkersuisut, where the agreement appears as concluded between governments or between administrative authorities. In such a case, reference is made in the preamble of the agreement to the present Act as further specified pursuant to subsection 8.

Subsection 7. International agreements pursuant to subsection 2 are concluded on behalf of the Realm by Naalakkersuisut and the Faroese Landsstyre jointly under the designation the Kingdom of Denmark in respect of the Faroe Islands and Greenland.

Subsection 8. Detailed rules for the use of designations mentioned in subsections 6 and 7 as well as other similar designations may be laid down pursuant to subsection 5.

§ 13. The Government informs Naalakkersuisut prior to the initiation of negotiations on international agreements of special importance to Greenland. Upon request by Naalakkersuisut, an agreement may be concluded with the relevant minister, laying down detailed rules of cooperation within the framework of this provision, including a detailed specification of criteria for when agreements are to be considered of special importance to Greenland.

Subsection 2. In matters that solely concern Greenland, the Government may authorise Naalakkersuisut to conduct the negotiations with the participation of the foreign service.

Subsection 3. Agreements where Denmark and Greenland have been jointly involved in the negotiations are signed by the Government, to the widest possible extent together with Naalakkersuisut.

Subsection 4. International agreements of special importance to Greenland shall be submitted to Naalakkersuisut for comment before conclusion or termination. If the Government finds it necessary to conclude the agreement without the consent of Naalakkersuisut, this shall be done to the widest possible extent without effect for Greenland.

§ 14. Where international organisations allow for entities other than states and associations of states to obtain membership in their own name, the Government may, upon request from Naalakkersuisut, decide to submit or support an application to this effect from Greenland, where this is compatible with Greenland’s constitutional status.

§ 15. Upon request from Naalakkersuisut, representatives for Naalakkersuisut are appointed at the foreign representations of the Kingdom of Denmark to attend to Greenlandic interests within jurisdictional areas fully assumed by the Self-Government. The Government may determine that the expenses involved shall be borne by Naalakkersuisut.

§ 16. The Greenland Self-Government is subject to the obligations arising from international agreements and other international rules that are at any time binding upon the Realm.

Subsection 2. Measures which the Self-Government intends to take, and the implementation of which is of essential significance for the Realm’s relations with foreign countries, including the Realm’s participation in international cooperation, are negotiated with the Government prior to adoption.

Chapter 5
Cooperation between the Greenland Self-Government and the State Authorities regarding Acts and Administrative Regulations

§ 17. The Government’s draft bills for Acts that include or may be put into force for Greenland shall, before being introduced in the Folketing, be forwarded to the Greenland Self-Government for comment.

Subsection 2. The Government awaits the Self-Government’s comment before introducing in the Folketing Government draft bills for Acts that contain provisions which apply exclusively to Greenland or are of special importance to Greenland.

Subsection 3. A time limit for the submission of comments covered by subsection 2 may be laid down.

§ 18. Draft administrative regulations that include or may be put into force for Greenland shall, before being issued, be forwarded to the Greenland Self-Government for comment.

Subsection 2. The issuing of administrative regulations that contain provisions which apply exclusively to Greenland or are of special importance to Greenland awaits the Self-Government’s comment.

Subsection 3. A time limit for the submission of comments covered by subsection 2 may be laid down.

Chapter 6
Dispute Resolution

§ 19. Should questions of doubt arise between the Greenland Self-Government and the State authorities regarding the competence of the Self-Government vis-à-vis the State authorities, the Government or Naalakkersuisut may decide to submit the question to a board composed of 2 members appointed by the Danish Government, 2 members appointed by Naalakkersuisut, and 3 Supreme Court judges appointed by the President of the Supreme Court, one of whom is appointed as chairman.

Subsection 2. If the 4 members appointed by the Government and Naalakkersuisut are in agreement, the matter is finally decided. Otherwise, the matter is decided by the 3 Supreme Court judges.

Subsection 3. The board may decide to suspend the resolution or decision that has been submitted to the board until the board’s decision is available.

Chapter 7
Language

§ 20. The Greenlandic language is the official language in Greenland.

Chapter 8
Greenland’s Access to Independence

§ 21. The decision on Greenland’s independence is taken by the people of Greenland.

Subsection 2. If a decision is taken pursuant to subsection 1, negotiations shall be initiated between the Government and Naalakkersuisut with a view to implementing independence for Greenland.

Subsection 3. An agreement between Naalakkersuisut and the Government on implementing independence for Greenland shall be concluded with the consent of Inatsisartut and shall be approved in a referendum in Greenland. The agreement shall furthermore be concluded with the consent of the Folketing.

Subsection 4. Independence for Greenland implies that Greenland takes over sovereignty over Greenland.

Chapter 9
Entry into Force and Transitional Provisions

§ 22. This Act enters into force on 21 June 2009.

§ 23. Act No. 577 of 29 November 1978 on Greenland Home Rule is repealed, cf., however, subsection 2.

Subsection 2. § 8 of the Act on Greenland Home Rule remains in force until the mineral resources area is assumed by the Greenland Self-Government.

Subsection 3. The Greenland Self-Government continues to hold the legislative and executive power within jurisdictional areas assumed pursuant to § 4 of the Act on Greenland Home Rule.

Subsection 4. The Greenland Self-Government holds the legislative and executive power within jurisdictional areas assumed pursuant to § 5 of the Act on Greenland Home Rule.

§ 24. Act No. 577 of 24 June 2005 on the Greenland Landsstyre’s Conclusion of International Agreements is repealed.

Subsection 2. Regulations issued pursuant to that Act remain in force with the amendments resulting from this Act until they are amended or repealed by the competent authority.

§ 25. § 22 of the Act on Mineral Resources in Greenland (the Mineral Resources Act), cf. Consolidation Act No. 368 of 18 June 1998, is repealed.

§ 26. The Act on a Company to Conduct Hydrocarbon Activities in Greenland, etc., cf. Consolidation Act No. 87 of 9 February 1999, is repealed.

§ 27. Act No. 502 of 6 June 2007 on Block Grant to the Greenland Home Rule for 2008 and 2009 is repealed.

§ 28. Provisions that apply to Greenland remain in force with the amendments resulting from this Act until they are amended or repealed by the competent authority.

§ 29. Cases that are under processing by a Danish authority at the time of a jurisdictional area’s transfer to the Greenland Self-Government are completed by the relevant Greenlandic authority, cf., however, subsection 2.

Subsection 2. The relevant Danish authority may in special cases and by agreement with the relevant Greenlandic authority determine that certain specifically defined cases shall be completed by the Danish authorities.

Given at Christiansborg Palace, this 12th day of June 2009.

Under Our Royal Hand and Seal
MARGRETHE R.
Lars Løkke Rasmussen

Annex

List I
a) Industrial injury insurance
b) Remaining areas under the health sector
c) The traffic sector
d) Property law
e) The diving sector

List II

1. The prison and probation service
2. Passports
3. The police and the prosecution authority and the related parts of the administration of criminal justice
4. The administration of justice, including the establishment of courts
5. Criminal law
6. The aliens area and border control
7. The law of persons
8. Family law
9. The law of succession
10. Legal practice
11. The firearms area
12. Radio-based maritime emergency and safety services
13. The radio communications area
14. The company, accounting and auditing area
15. The food and veterinary area
16. Civil aviation
17. Intellectual property rights
18. Copyright
19. Shipwrecks, wrecked goods and derelicts
20. Safety at sea
21. Ship registration and maritime law matters
22. Mapping
23. Sea-marking, lighthouse service and pilotage
24. The marine environment
25. Financial regulation and supervision
26. The mineral resources area
27. The working environment
28. Meteorology

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