Iceland would adopt EU rulebook in full under accession

Iceland would be expected to adopt the European Union’s legal framework in full if it joined the bloc, according to a memorandum prepared for the Confederation of Icelandic Enterprise and reported by mbl.is. Negotiations would focus primarily on the terms and timing of implementation, rather than on whether the framework should be adopted.

The memorandum was written by Stefán Már Stefánsson, a former law professor and specialist in European law, and Óttar Pállsson, an attorney before Iceland’s Supreme Court. It examines the legal basis and procedures for accession talks, the scope for exemptions and special arrangements, Iceland’s position following its previous negotiations and the role of Alþingi, Iceland’s parliament.

Permanent exemptions unlikely

Accession negotiations are based on the principle that an applicant country will adopt the EU’s body of rules, known as the acquis communautaire, in its entirety. Although permanent exemptions are not theoretically impossible, the general rule is that they are not available to new member states.

The authors refer specifically to the EU’s negotiating framework for Iceland from 2010. It stated that membership would involve recognising the rights and obligations arising from the EU system, and that Iceland would have to apply the legal framework as it stood at the time of accession.

“The EU’s starting point is therefore that the legal framework itself is not a subject for negotiation,” the authors write.

Instead, negotiations would concern the terms of membership, including when and how the applicant country would adopt the framework.

This does not rule out special arrangements. Temporary adjustment measures are an important part of accession negotiations, and individual accession treaties have included many such measures.

However, these measures are meant to be limited in time and scope. They must not change EU rules or policies, undermine their effectiveness or lead to significant distortions of competition.

Broad permanent exemptions not expected

The authors distinguish permanent exemptions from temporary adjustments and other special arrangements.

EU negotiating frameworks do not provide for broad, permanent exemptions for new member states from individual areas of the legal framework. It can be regarded as a general principle that such exemptions are not available, “in any event not except in extraordinary circumstances,” the authors say.

There is no legal obstacle to negotiating such exemptions, however. An accession treaty is an international treaty approved by all member states and has the same legal status as the EU’s founding treaties.