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

According to the statement by the Secretary-General of the Council of Europe, the following declarations have been made to the European Convention on extradition (BGBl). No. 320/1969, last proclamation of the BGBl area. III No 106/2006):

Latvia 1 :

In accordance with Article 28 (3) of the European Convention on extradition, the Republic of Latvia declares that, since 30 June 2004, the Republic of Latvia has concluded the Convention and its Protocols in relation to the Member States of the The European Union does not apply, however, national legislation implementing the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA).

Slovakia 2 :

In accordance with Article 28 (3) of the European Convention on extradition of 13 December 1957, the Slovak Republic states that it shall notify the said Convention and the two Additional Protocols of 15 December 1957. Having regard to the provisions of the Framework Decision of the Council of the European Union of 13 June 2002 on the European Arrest Warrant and the European Arrest Warrant, the European Union Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the European Convention on the European Arrest Warrant, Transfer procedures implemented between Member States of the European Union (2002/584/JHA) and apply the procedures on the basis of the Framework Decision. The Slovak Republic regards the Framework Decision as a single piece of legislation within the meaning of the above-mentioned article.

The Slovak Republic will continue to apply the provisions of the Convention and its two additional protocols in relation to the Member States of the European Union to the extent that these provisions are not replaced by the Framework Decision. , and in cases where the Framework Decision does not apply (including cases covered by declarations by Member States).

In addition, the following countries have amended the declarations made on the occasion of the deposit of the instrument of ratification as follows:

Romania:

Romania declares, in accordance with paragraph 1 of Law 74/2005, that the declaration made by Romania 3 Article 6 (1) of the Convention is amended as follows:

" Romanian nationals must not be extradited. By way of derogation from these provisions, Romanian nationals from Romania may be extradited only in accordance with the international conventions to which Romania is a party on the basis of the principle of reciprocity. if one of the following conditions is fulfilled:

a)		for prosecution or judgment, the requesting State grants sufficient guarantees, if it is contained in a judgment of the deprivation of liberty which is to be transferred to Romania by Romanian citizens, in order to make the sentence in Romania (b)
b)		the Romanian national has his residence in the State which made the order at the time of the extradition request;
c)		the Romanian citizen also has the citizenship of the requesting state,
d)		the Romanian citizen has committed the act on the territory or against a national of the European Union if the applicant State is a member of the European Union.

A person who has been granted asylum in Romania must not be extradited. "

Romania, in accordance with paragraph 2 of Law 74/2005, declares that the declaration made by Romania on Article 21 (5) of the Convention will be amended as follows:

"For requests for the transit of Romanian nationals or persons granted asylum in Romania, the provisions of paragraph 1 shall be amended accordingly."

Czech Republic 4 :

The Permanent Representation of the Czech Republic states that on 19 April 2006 the Parliament of the Czech Republic adopted a law amending the legislation with regard to the implementation of the Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States (2002/584/JHA). This Act shall enter into force on 1 July 2006.

The Czech Republic's communication on Article 28 (3) of the European Convention on extradition has therefore been amended and, since 1 July 2006, it has now been amended as follows:

" Pursuant to Article 28 (3) of the Convention, the Czech Republic states that, on 1 July 2006, it amended the Act implementing the Framework Decision of the Council of the European Union of 13 June 2002 on the European arrest warrant and the surrender procedures between the Member States have been decided (2002/584/JHA: hereinafter referred to as "the Framework Decision on the European arrest warrant"), which the Czech Republic as a single piece of legislation pursuant to Art. 28 (3) of the Convention and the Czech Republic in relation to be applied to those Member States of the European Union which also apply the framework decision on the European Arrest Warrant. The European Convention on extradition and its two protocols of 15. October 1975 and 17 March 1978 continue to apply to the extradition of Czech nationals from the Czech Republic to another Member State of the European Union, the offences committed before 1 November 2004. are searched for.

The Czech Republic will continue to apply Article 3 of the Treaty between the Slovak Republic and the Czech Republic on the mutual assistance of judicial authorities and the settlement of certain legal relationships in civil and judicial matters. Criminal matters, completed on 29 November October 1992 in Prague, and Article XV of the Treaty between the Czech Republic and Austria on the addition of the European Convention on extradition of 13 December 1957 and the facilitation of its application, completed on 27 June In Vienna in 1994, the European Arrest Warrant and other documents without translation shall be sent to the official language of the requested State.

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