Fourth Additional Protocol To The European Convention On Extradition

Original Language Title: Viertes Zusatzprotokoll zum Europäischen Auslieferungsübereinkommen

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2016_III_42/BGBLA_2016_III_42.html

Fourth additional protocol to the European Convention on extradition

 

[German translation systems see additional Protocol]

[Additional protocol in English language version see equipment]

[Additional protocol in French language version see equipment]

 

The instrument of ratification signed by the Federal President and countersigned by the Federal Chancellor was deposited on 1 February 2016 with the Secretary General of the Council of Europe; the fourth additional Protocol enters into force pursuant to its article 9 paragraph 3 for Austria with 1 June 2016.

On the occasion of the deposit of its instrument of ratification the Republic of Austria has made the following statements:

"To article 1:

Austria declared in accordance with article 10 para 3 that it reserves the right, paragraph 2 does not to apply article 10, if offences underlying the request for extradition, for which under Austrian law jurisdiction is, unless the prosecution or the enforcement would be barred under its legislation.

To article 3:

Austria declared in accordance with article 14 para 3 that - notwithstanding para 1 - a requesting party, which has made the same statement, the personal freedom of the delivered person among in para 3 lit. a and b indicated conditions may limit when they lit a request for approval referred to in paragraph 1. a has made."

 

After notifications the Secretary of General of the Council of Europe, following more States have ratified the fourth additional protocol:

Albania, Latvia, Serbia, Slovenia, United Kingdom.

On the occasion of the deposit of its instrument of ratification, the following States have declared reservations or made statements:

Latvia:

Declaration

Latvia declares in accordance with article 3 of the fourth of additional protocol and article 14 paragraph 3 of the Convention amended by the fourth additional protocol, that the requesting contracting party which has made the same statement, may restrict the personal freedom of the delivered person for another act committed prior to the transfer as the one underlying the extradition, if the requesting party a request for consent according to article 14 paragraph 1 lit. a the Convention amended by the fourth additional protocol and in accordance with the provisions of article 14, paragraph 3 lit. a and b of the Convention amended by the fourth additional protocol has provided.

Reservation

Latvia § 3 of the Convention amended by the fourth additional protocol in accordance with article 1 of the fourth of additional protocol and article 10, reserves the right, article 10 paragraph 2 of the Convention in the cases of article 10 paragraph 3 lit. (b) of the Convention amended by article 1 of the fourth of additional protocol does not apply.

Slovenia:

Declaration

Slovenia explains in accordance with paragraph 3 of the Convention, to apply article 14 paragraph 3 of the replaced Convention in relation to other Contracting States which have made the same declaration, replaced by article 3 of the fourth of additional Protocol article 14.

United Kingdom:

Reservation

The Government of the United Kingdom declared pursuant to article 6 para 3 of the fourth of additional protocol that they are for the purposes of article 12 and article 14 para 1 lit. a the Convention reserves the right to request the original or a certified copy of the request and of the documents.

Declaration

Designate in accordance with the Government of the United Kingdom of the replaced with article 2 paragraph 1 of the fourth of additional Protocol article 12 paragraph 1 of the Convention the Home Office (Interior Ministry) as the competent authority for the transmission and receipt of extradition requests.

Declaration

The Government of the United Kingdom explained as replaced by article 3 of the fourth of additional Protocol article 14 paragraph 3 of the Convention, that the requesting party may restrict the personal freedom of the delivered person in cases replaced article 14 para 3,.

Faymann