105. Presentation of the Federal Chancellor concerning the scope of the European Convention on extradition

According to communications from the Secretary-General of the Council of Europe, the following other states have their instruments of ratification of the European Convention on extradition (BGBl). No. 320/1969, last proclamation of the BGBl area. III N ° 161/2006):

States:	Date of deposit of the instrument of ratification:
Monaco	30. January 2009
San Marino	18 March 2009

On the occasion of the deposit of their instrument of ratification, the following declarations have been made or Reservations are explained:

Monaco:

The Principality of Monaco declares that, in the context of Article 6 (1) of the European Convention on extradition, the term 'national' means any person who is 'Monegasse' within the meaning of national law.

The Principality of Monaco requests the requesting party to add a certified translation of the extradition request and the accompanying documents into the French.

San Marino:

Reservations:

-		Concerning Art.1: The Republic of San Marino does not accept the extradition of persons,
a.			who are brought before a special court or are serving a sentence in accordance with a guilty verdict of such a court;
b.			which would be subject to a procedure which does not provide for procedural safeguards which, in accordance with internationally recognised standards, are deemed essential to the protection of human rights, or which do not provide for the punishment of the penalty in accordance with the Guilty verdict under inhumane conditions would have to be carried out.
-		Concerning Article 2: The Republic of San Marino allows transit through its own territory only in relation to persons who are extradited.
-		Concerning Art. 23: If the request for extradition and the documents to be submitted are not written in Italian, they must be accompanied by a translation into the Italian language or into another official language of the Council of Europe be.
-		Concerning Art. 28: The Republic of San Marino declares that all bilateral agreements on extradition concluded with the parties to the Convention will remain in force.

Explanations:

-		Concerning Article 1: The term 'national' within the meaning of the Convention shall be applied to any citizen of San Marino, irrespective of how that person has acquired his citizenship.
-		Concerning Article 6 (1) (lit). a: The Republic of San Marino is not going to extradit citizens of San Marino.

According to further communications from the Secretary-General of the Council of Europe, the following countries have withdrawn their reservations, or Statements modified:

Bulgaria 1 :

25. On 11 October 2006, the Bulgarian National Assembly adopted a law which amended the declaration of the Republic of Bulgaria concerning Article 6 (1) of the European Convention on extradition:

" The Republic of Bulgaria declares that it refuses to extradit its nationals. The Republic of Bulgaria declares that, for the purposes of the Convention, it shall consider any person as a citizen of Bulgarian nationality at the time of the receipt of the extradition request. "

Greece 2 :

In accordance with Article 28 (3) of the European Convention on extradition, the Hellenic Republic has notified that on 9 July 2004 Act No 3251/2004 entered into force, which is the framework decision of the Council of the European Union on the European Union The arrest warrant and the surrender procedures between the Member States (2002/584/JHA). The Hellenic Republic will apply this law in relation to the parties to the Convention, which are the Member States of the European Union and have also implemented the Framework Decision on the European Arrest Warrant.

Romania 3 :

Romania declares that, under Article 3 of Law No 224/2006, the reservation based on Article 2 (1) of the Convention, which is contained in the instrument of ratification deposited on 10 September 1997, is withdrawn.

Explanations:

In accordance with Article 28 (3) of the European Convention on extradition, Romania declares that it is from 1. Jänner 2007 Title III of Law No 302/2004 on judicial cooperation in criminal matters, which provides for the provisions of the Framework Decision of the Council of the European Union on the European Arrest Warrant and the surrender procedures between the Member States No 584 /JHA of 13 June 2002, applied in relations between Romania and other Member States of the European Union.

In the following exceptional cases, the European Convention on extradition (Paris, 13 December 1957) and its additional protocols, (Strasbourg, 15. October 1975, 17 March 1978) continued to be applied:

a.		in relation to extradition requests, before the 1. They have been submitted or received in 2007 and are pending, as well as in relation to requests on the basis of Article 14 of the European Convention on extradition, in respect of requests made prior to the said date;
b.		in respect of acts which constitute the subject of a notification issued by some Member States of the European Union to the General Secretariat of the Council of Europe, in accordance with Article 32 of the Framework Decision of the Council of the European Union on the The European arrest warrant and the surrender procedures have been sent between the Member States, in the light of the fact that the provisions of the existing extradition treaties will continue to be applied on a transitional basis.

This amendment does not in any way alter the application of the Agreement between Romania and the Contracting Parties to the Convention which are not Member States of the European Union.

Faymann