Council Decision of 21 September 2009 on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union and Iceland and Norway on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto

The signing of the Agreement is hereby approved on behalf of the European Union, subject to its conclusion. The text of the Agreement is attached to this Decision.

The declaration attached to this Decision shall be approved on behalf of the European Union.

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the European Union subject to its conclusion.

1 Subject to the provisions of this Agreement, the content of Articles 1-24, 25(1), 26-32 and 34 of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, shall be applicable in bilateral relations between Iceland or Norway and each of the Member States of the European Union and in relations between Iceland and Norway.

2 Subject to the provisions of this Agreement, the content of Articles 1-19 and 21 of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto except its chapter 4, point 1, shall be applicable in the relations referred to in paragraph 1.

3 The declarations made by Member States in accordance with Decisions 2008/616/JHA and 2008/615/JHA shall also be applicable in their relations with Iceland and Norway.

1 ‘Contracting Parties’ shall mean the European Union and Iceland and Norway.

2 ‘Member State’ shall mean a Member State of the European Union.

3 ‘State’ shall mean a Member State, Iceland or Norway.

1 The Contracting Parties, in order to achieve the objective of arriving at as uniform an application and interpretation as possible of the provisions referred to in Article 1, shall keep under constant review the development of the case-law of the Court of Justice of the European Communities, as well as the development of the case-law of the competent courts of Iceland and Norway relating to such provisions. To this end a mechanism shall be set up to ensure regular mutual exchange of such case-law.

2 Iceland and Norway shall be entitled to submit statements of case or written observations to the Court of Justice in cases where a question has been referred to it by a court or tribunal of a Member State for a preliminary ruling concerning the interpretation of any provisions referred to in Article 1.

Any dispute between either Iceland or Norway and a Member State regarding the interpretation or the application of this Agreement or of any of the provisions referred to in Article 1 and amendments thereto may be referred by a Party to the dispute to a meeting of representatives of the governments of the Member States and of Iceland and Norway, with a view to its speedy settlement.

1 Where it is necessary to amend the provisions of Decision 2008/615/JHA referred to in Article 1(1), and/or the provisions of Decision 2008/616/JHA including the Annex thereto, referred to in Article 1(2), the European Union shall inform Iceland and Norway at the earliest possible occasion and collect any comments they may have.

2 Iceland and Norway shall be notified of any amendment of the provisions of Decision 2008/615/JHA referred to in Article 1(1), and any amendment of the provisions of Decision 2008/616/JHA including the Annex thereto, referred to in Article 1(2) by the depository as soon as the amendment is adopted. Iceland and Norway shall decide independently whether to accept the content of the amendment and to implement it into their internal legal order. These decisions shall be notified to the depository within three months of the date of notification.

3 If the content of the amendment can be binding on Iceland or Norway only after fulfilment of constitutional requirements, Iceland or Norway shall inform the depository of this at the time of its notification. Iceland or Norway shall promptly, and at the latest six months from the notification by the depository, inform the depository in writing upon fulfilment of all constitutional requirements. From the date laid down for the entry into force of the amendment for Iceland or Norway and until the information upon fulfilment of constitutional requirements, Iceland or Norway shall provisionally apply, where possible, the content of such act or measure.

4 If either Iceland or Norway, or both, do not accept the amendment, this Agreement shall be suspended from the date on which the amendment is to be implemented in relation to the State or States which have not accepted the amendment. A meeting of the Contracting Parties shall be convened to examine all further possibilities with a view to continue the good functioning of this Agreement, including the possibility to take notice of equivalence of legislation. Suspension shall be terminated as soon as the State or States concerned notifies its/their acceptance of the amendment or if the Contracting Parties agree to reinstate the Agreement with respect to the State or States concerned.

5 If, after a period of six months of suspension, the Contracting Parties have not agreed to reinstate the Agreement, it shall cease to apply to the State which has not accepted the amendment.

6 Paragraphs 4 and 5 do not apply to amendments relating to Chapters 3, 4 or 5 of Decision 2008/615/JHA or Article 17 of Decision 2008/616/JHA, in respect of which Iceland or Norway, or both, have notified the depositary that they do not accept the amendment stating the reasons thereof. In that case, and without prejudice to Article 10, the content of the relevant provisions in their version prior to amendment shall continue to be applicable in the relations with the State or States having made the notification.

The Contracting Parties agree to carry out a common review of this Agreement no later than five years after its entry into force. The review shall in particular address the practical implementation, interpretation and development of the Agreement and shall also include issues such as the consequences of development of the European Union relating to the subject-matter of this Agreement.

1 Iceland and Norway may continue to apply bilateral or multilateral agreements or arrangements on cross-border cooperation with Member States that are in force on the date this Agreement is adopted in so far as such agreements or arrangements are not incompatible with the objectives of this Agreement. Iceland and Norway shall notify the depository of any such agreements or arrangements which will continue to apply.

2 Iceland and Norway may conclude or bring into force additional bilateral or multilateral agreements or arrangements on cross-border cooperation with Member States after this Agreement has entered into force insofar as such agreements or arrangements provide for the objectives of this Agreement to be extended or enlarged. Iceland and Norway shall notify the depository of any such new agreement or arrangement within three months of signing or, in the case of instruments that were signed before the entry into force of the Agreement, within three months of their entry into force.

3 The agreements and arrangements referred to in paragraphs 1 and 2 may not affect relations with States that are not parties thereto.

4 This Agreement shall be without prejudice to existing agreements on legal assistance or mutual recognition of court decisions.

1 The Contracting Parties shall notify each other of the completion of the procedures required to express their consent to be bound by this Agreement.

2 The European Union may express its consent to be bound by this Agreement even if the decisions referred to in Article 25(2) of Decision 2008/615/JHA have not yet been taken in respect of all the Member States to which that provision applies.

3 Article 5(1) and (2) shall apply provisionally as from the time of signature of this Agreement.

4 With respect to amendments adopted after the signature of this Agreement but before its entry into force, the period of three months referred to in the last sentence of Article 5(2) shall start to run from the day of entry into force of this Agreement.

5 When giving their notification under paragraph 1 or, if so provided, at any time thereafter, Iceland and Norway shall make the declarations provided for in this Agreement.

6 This Agreement shall enter into force between the European Union and Iceland on the first day of the third month following the day on which the Secretary-General of the Council of the European Union establishes that all formal requirements concerning the expression of consent by or on behalf of the European Union and Iceland to be bound by the Agreement have been fulfilled.

7 This Agreement shall enter into force between the European Union and Norway on the first day of the third month following the day on which the Secretary-General of the Council of the European Union establishes that all formal requirements concerning the expression of consent by or on behalf of the European Union and Norway to be bound by the Agreement have been fulfilled.

8 As soon as this Agreement is in force between the European Union and Iceland and the European Union and Norway, it shall also be in force between Iceland and Norway.

9 The supply by Member States of personal data under this Agreement may not take place until the provisions of Chapter 6 of Decision 2008/615/JHA have been implemented in the national law of the States involved in such supply.

10 In order to verify whether this is the case for Iceland and Norway, an evaluation visit and a pilot run shall be carried out in respect of and under conditions and arrangements acceptable to those States, similar to those concluded in respect of Member States pursuant to Chapter 4 of the Annex to Decision 2008/616/JHA. On the basis of an overall evaluation report the Council, acting unanimously, shall determine the date or dates as from which personal data may be supplied by Member States to Iceland and Norway pursuant to this Agreement.

Accession by new Member States to the European Union shall create rights and obligations under this Agreement between those new Member States and Iceland and Norway.

1 This Agreement may be terminated at any time by one of the Contracting Parties. In the event of termination by either Iceland or Norway, this Agreement shall remain in force between the European Union and the State for which it has not been terminated. In the event of termination by the European Union, the Agreement shall lapse.

2 Termination of this Agreement pursuant to paragraph 1 shall take effect six months after the deposit of the notification of termination.

1 The Secretary-General of the Council of the European Union shall act as the depository of this Agreement.

2 The depository shall make public information on any notification made concerning this Agreement.