Treaty (English)

WE MARGRETHE THE SECOND, by the Grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and We, with Our consent, have ratified the following law:

Recognizing that the Greenlandic people are a people according to international law with the right to self-determination, the law is based on a desire to promote equality and mutual respect in the partnership between Denmark and Greenland. Accordingly, the law is based on an agreement between Naalakkersuisut and the Danish government as equal parties.

Chapter 1: The self-governing authorities and the courts

§ 1. Greenland's Self-Government has the legislative and executive power within the taken-over areas. Courts that are set up by the self-government have judicial power in Greenland in all areas of proceedings. Accordingly, the legislative power rests with Inatsisartut, the executive power with Naalakkersuisut and the judicial power with the courts.

Chapter 2: The self-government's takeover of case areas

§ 2. Greenland's Self-Government can decide that the areas of action that appear in the annex to the Act must be transferred to the Self-Government.

PCS. 2. To the extent that several case areas are listed under the same letter or number in the annex to the Act, the relevant case areas must be transferred to the Greenland Self-Government at the same time, cf. however subsection 3.

PCS. 3. Greenland's Self-Government can decide that a part of the areas listed on list I, letter b and list II, nos. 15, 25 and 27 in the annex to the Act, must be transferred to the self-government.

Section 3. Case areas that appear in the annex's list I are transferred to the Self-Government of Greenland at times determined by the Self-Government.

PCS. 2. Case areas that appear in the annex's list II are transferred to the Self-Government of Greenland at times determined by the Self-Government after negotiation with the national authorities.

§ 4. Naalakkersuisut and the government can agree that matters which only concern Greenlandic affairs and which are not mentioned in the annex, can be taken over by Greenland's Self-Government.

Chapter 3: Economic relations between Greenland's Self-Government and the state

§ 5. The state provides Greenland's Self-Government with an annual subsidy of DKK 3,439.6 million. DKK, cf. however § 8, subsection 1. The amount is stated in the 2009 price and wage level.

PCS. 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.

PCS. 3. The grant is paid in advance by 1/12 each month.

PCS. 4. The Minister of Finance can, in agreement with Naalakkersuisut, lay down rules on changed payment terms.

§ 6. Case areas that are taken over by the Self-Government of Greenland according to §§ 2-4 are financed from the time of the take-over by the Self-Government.

PCS. 2. The Self-Government of Greenland takes over the real assets that are directly connected to a case area that is taken over.

§ 7. Income from raw material activities in Greenland accrues to the Self-Government of Greenland.

PCS. 2. Those in subsection 1 stated income includes the following income:

1) Income in accordance with specific permits for preliminary investigation, research or exploitation of mineral raw materials, however, apart from amounts paid to cover expenses under the auspices of the Directorate of Mineral Resources.

2) Income from any taxation in Denmark and Greenland of rights holders, as far as the part of the business that relates to mineral raw materials in Greenland is concerned.

3) Income from Greenlandic and Danish public authorities' ownership shares in companies, etc., which operate in the raw materials area in Greenland.

4) Income from dividend tax etc. in Denmark and Greenland regarding shareholders in companies that are rights holders, or in companies that fully own such companies directly or indirectly and can receive dividends from them tax-free.

§ 8. If the Self-Government of Greenland receives income from raw material activities in Greenland, cf. § 7, the state's subsidy to the Self-Government is reduced by an amount corresponding to half of the income, which in the relevant year exceeds DKK 75 million. DKK

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

PCS. 3. Statement according to subsection 1 takes place in the following year with a view to settling the following year.

§ 9. When the Greenland Self-Government takes over the raw materials area, the government ensures that, for a fee, advice and other tasks are provided for the self-government's handling of the raw materials area.

PCS. 2. Naalakkersuisut and the government enter into, with effect from the Greenland Self-Government's takeover of the mineral resource area, an agreement on those in subsection 1 mentioned services.

PCS. 3. Naalakkersuisut can decide to renew it in subsection 2 mentioned agreement in the form of multi-year agreements.

PCS. 4. When entering into agreements pursuant to subsection 2 and 3, the government makes research of particular relevance to mineral exploration in Greenland available free of charge to Naalakkersuisut.

§ 10. If the government's subsidy to Greenland's Self-Government is reduced to DKK 0, cf. § 8, negotiations will begin between Naalakkersuisut and the government on the future economic relations between Greenland's Self-Government and the state, including on the distribution of income from mineral activities in Greenland, on the resumption of the state's subsidy to Greenland's Self-Government as well as a continuation of an agreement on the services mentioned in § 9.

Chapter 4: Foreign Affairs

Section 11. Naalakkersuisut can act in inter-people matters as stipulated in this chapter and in agreements with the government.

PCS. 2. The Government and Naalakkersuisut cooperate in matters between peoples as stipulated in this chapter with a view to securing both Greenland's interests and the overall interests of the Kingdom of Denmark.

PCS. 3. The powers given to Naalakkersuisut in this chapter do not limit the constitutional responsibilities and powers of the Danish authorities in international affairs, as foreign and security policy are national affairs.

§ 12. Naalakkersuisut can negotiate and enter into international law agreements with foreign states and international organizations on behalf of the kingdom, including management agreements which only concern Greenland and fully concern taken over case areas.

PCS. 2. Agreements under international law, which only concern Greenland and the Faroe Islands and fully concern taken-over case areas, can be negotiated and entered into on behalf of the kingdom by Naalakkersuisut and the Faroe Islands' national government jointly, following a decision by both Naalakkersuisut and the Faroe Islands' national government.

PCS. 3. Agreements under international law that have been entered into pursuant to subsection 1 or no. 2, can be terminated according to the same provisions.

PCS. 4. Agreements under international law which affect defense and security policy, as well as agreements under international law which must apply to Denmark, or which are negotiated within an international organization of which the Kingdom of Denmark is a member, are negotiated and concluded in accordance with the rules in § 13.

PCS. 5. Naalakkersuisut informs the government of intended negotiations before they begin, and of the progress of the negotiations, before agreements under international law are entered into or terminated. The detailed framework for cooperation in accordance with this provision is determined after negotiation between Naalakkersuisut and the government.

PCS. 6. Agreements under international law pursuant to subsection 1 is entered into on behalf of the kingdom by Naalakkersuisut under the designation:

1) The Kingdom of Denmark, as far as Greenland is concerned, where the agreement appears to have been entered into between states.

2) Naalakkersuisut, where the agreement appears to have been entered into between governments or between administrative authorities. In such a case, reference is made in the preamble of the agreement to this Act as determined in more detail pursuant to subsection 8.

PCS. 7. Agreements under international law pursuant to subsection 2 is entered into on behalf of the kingdom by Naalakkersuisut and the Faroe Islands' national government in association under the name Kingdom of Denmark, as far as the Faroe Islands and Greenland are concerned.

PCS. 8. Detailed rules for the use of designations mentioned in subsection 6 and 7 as well as other similar designations can be determined pursuant to subsection 5.

Section 13. The government informs Naalakkersuisut prior to the initiation of negotiations on agreements under international law that have particular significance for Greenland. At the request of Naalakkersuisut, an agreement can be entered into with the relevant minister, who lays down detailed cooperation rules within the framework of this provision, including a detailed determination of criteria for when agreements are to be considered to have special significance for Greenland.

PCS. 2. In cases that only concern Greenland, the government can authorize Naalakkersuisut to conduct the negotiations with the assistance of the foreign service.

PCS. 3. Agreements where Denmark and Greenland have been jointly involved in the negotiations are signed by the government, as far as possible together with Naalakkersuisut.

PCS. 4. Agreements under international law, which have special significance for Greenland, must be submitted to Naalakkersuisut for an opinion before entering into or terminating them. If the government finds it necessary to enter into the agreement without Naalakkersuisut's approval, this will take place to the greatest extent possible without effect for Greenland.

§ 14. Where international organizations open access for entities other than states and associations of states to obtain membership in their own name, the government may, at the request of Naalakkersuisut, decide to submit or support an application to this effect from Greenland, where this is compatible with Greenland's constitutional status.

§ 15. At the request of Naalakkersuisut, representatives of Naalakkersuisut are employed at the foreign missions of the Kingdom of Denmark to look after Greenlandic interests in areas of matter which are fully taken over by self-government. The government can decide that the expenses in this regard must be borne by Naalakkersuisut.

§ 16. Greenland's Self-Government is subject to the obligations arising from international agreements and other international rules which are binding on the kingdom at all times.

PCS. 2. Measures which the self-government intends to take, and whose implementation is of significant importance for the kingdom's relations with foreign countries, including the kingdom's participation in international cooperation, are negotiated with the government before adoption.

Chapter 5: Cooperation between Greenland's Self-Government and the national authorities regarding laws and administrative regulations

Section 17. The government's proposals for laws that include or will be able to be put into force for Greenland must be forwarded to the Self-Government of Greenland for an opinion before they are presented to the Folketing.

PCS. 2. The government awaits the self-government's opinion before the presentation to the Folketing of government proposals for laws that contain provisions that apply exclusively to Greenland or have special significance for Greenland.

PCS. 3. A deadline may be set for submitting statements covered by subsection 2.

Section 18. Draft administrative regulations that include or will be able to be put into effect for Greenland must be forwarded to the Self-Government of Greenland for opinion before issuance.

PCS. 2. Issuance of administrative regulations that contain provisions that apply exclusively to Greenland or have special significance for Greenland await the self-government's opinion.

PCS. 3. A deadline may be set for submitting statements covered by subsection 2.

Chapter 6: Dispute resolution

§ 19. If doubts arise between Greenland's Self-Government and the national authorities about the competence of the self-government in relation to the national authorities, the government or Naalakkersuisut may decide to submit the question to a board consisting of 2 members appointed by the Danish government, 2 members appointed by Naalakkersuisut, as well as 3 Supreme Court judges appointed by the President of the Supreme Court, one of whom is appointed as chairman.

PCS. 2. If the 4 members appointed by the government and Naalakkersuisut agree, the matter is finally settled. Otherwise, the case will be decided by the 3 Supreme Court judges.

PCS. 3. The board may decide to suspend the adoption or decision 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

Section 21. The decision on Greenland's independence is made by the Greenlandic people.

PCS. 2. If a decision is made pursuant to subsection 1, negotiations are initiated between the government and Naalakkersuisut with a view to implementing independence for Greenland.

PCS. 3. An agreement between Naalakkersuisut and the government on the implementation of independence for Greenland must be concluded with the consent of Inatsisartut and must be approved by a referendum in Greenland. The agreement must also be entered into with the consent of the Danish Parliament.

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

Chapter 9: Entry into force and transitional provisions

Section 22. The Act enters into force on 21 June 2009.

§ 23. Act no. 577 of 29 November 1978 on Greenland's home rule is repealed, cf. however subsection 2

PCS. 2. Section 8 of the Greenland Home Rule Act remains in force until the resource area is taken over by Greenland Self-Government.

PCS. 3. Greenland's Self-Government continues to have legislative and executive power within areas of matter that have been taken over pursuant to Section 4 of the Greenland Home Rule Act.

PCS. 4. Greenland's Self-Government has the legislative and executive power within areas that have been taken over pursuant to Section 5 of the Greenland Home Rule Act.

§ 24. Act no. 577 of 24 June 2005 on the conclusion of agreements under international law by Greenland's national government is repealed.

PCS. 2. Regulations issued pursuant to the Act remain in force with the changes resulting from this Act, until they are amended or repealed by the appropriate authority.

Section 25. Section 22 of the Mineral Resources Act in Greenland (the Mineral Resources Act), cf. Executive Order No. 368 of 18 June 1998, is repealed.

Section 26. Act on companies for the management of hydrocarbon activities in Greenland, etc., cf. Legislative Decree No. 87 of 9 February 1999, is repealed.

Section 27. Act no. 502 of 6 June 2007 on subsidies to Greenland's home rule for 2008 and 2009 is repealed.

§ 28. Provisions that apply to Greenland remain in force with the changes that follow from this law, until they are changed or repealed by the appropriate authority.

§ 29. Cases which, at the time of a case area's transfer to Greenland's Self-Government, are being processed by a Danish authority, will be completed by the relevant Greenlandic authority, cf. however subsection 2.

PCS. 2. The relevant Danish authority may, in special cases and by agreement with the relevant Greenlandic authority, decide that certain specific cases must be completed by the Danish authorities.

Given at Christiansborg Castle, 12 June 2009

Under Our Royal Hand and Seal

MARGRETHE R.

/ Lars Løkke Rasmussen