79. Reaction of the Federal Chancellor concerning the scope of the Convention pursuant to Article K.3 of the Treaty on European Union on extradition between the Member States of the European Union

According to the Communications of the Secretary-General of the Council of the European Union, the following States have ratified their instruments of ratification or ratification. Instrument of Accession to the Convention on the basis of Article K.3 of the Treaty on European Union on extradition between the Member States of the European Union (provisional application BGBl). III No 143/2001, last proclamation of the BGBl area. III, No 80/2002):

States:	Date of deposit of the instruments of ratification. Certificate of Accession:	Release of the Declaration pursuant to Art. 18 (4):
Estonia	17. January 2005	-
France	1 April 2005	1 April 2005
Greece	26 July 1999	-
Ireland	28 June 2002	-
Latvia	14 June 2004	-
Lithuania	28 May 2004	28 May 2004
Cyprus	8 June 2005	-

On the occasion of the deposit of the instruments of ratification or The following states have made further declarations:

Estonia:

The Riigikogu (Parliament) of the Republic of Estonia has made the following statement:

1.		The central authority under Art. 13 of the Convention is the Ministry of Justice.
2.		The Republic of Estonia continues to apply Article 15 of the European Convention on extradition in accordance with Article 12 of the Convention.

France:

On Art. 5:

France declares, in accordance with paragraph 2, and having regard to the joint declaration on the right of asylum, that paragraph 1 of this article only relates to criminal acts in accordance with Articles 1 and 2 of the European Convention on the Suppression of Terrorism of 27 June 2000. January 1977 and all forms of participation in a criminal organisation with a view to the commission of these criminal acts.

On Art. 7:

France declares that it does not issue its own nationals for the cessation of a penalty imposed by a court of the requesting state. It shall authorise the extradition of its own nationals for the purpose of prosecution in the State concerned, subject to reciprocity and, in the case of the conviction of the person to be extradited, to a custodial sentence under the Condition that the person concerned, unless he refuses to do so, is transferred to the territory of the French Republic in order to serve his sentence there.

On Art. 12:

France declares, in accordance with para. 2, that Article 15 of the European Convention on Extradition continues to apply, unless the person concerned agrees to extradition and expressly to their right of the principle of Speciality in accordance with Article 7 of the Convention on the simplified extradition procedure between the Member States of the European Union waived or if the person consent to another Member State to continue to be delivered.

On Art. 13:

France shall designate the Directorate for Criminal Matters and Parents (Direction des affaires criminielles et des graces) to the Ministry of Justice as the central authority to request the extradition requests and the other provisions referred to in this Article. Receive and transmit documents and documents.

Greece:

On Art. 5 (2):

Greece applies only in respect of Article 5 (1) in relation to:

-)		the offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism, and
-)		the offences conspiracy or concentration-which correspond to the description of the conduct described in Article 3 (4)-for the commission of one or more offences in accordance with Articles 1 and 2 of the European Convention on Combating of terrorism.

On Art. 6 (3):

Greece grants extradition in connection with a tax offence only for acts or omissions which constitute an offence relating to taxation, value added tax or customs duties.

On Art. 7 (2):

Greece does not grant extradition to its nationals.

On Art. 12 (2):

Greece will continue to apply Article 15 of the European Convention on Extradition, with the exception that the person concerned, who has agreed to the extradition, should, on the basis of an express declaration, benefit from the benefit of the principle of Speciality has not done so.

On Art. 13 (1):

According to this article, the Ministry of Justice is designated as the central authority.

Ireland:

Ireland reserves the right not to apply the provisions of Article 3 (1) of the Convention. Ireland declares that Article 5 (1) of the Convention relates only to offences referred to in (lit). a and lit. (b) of paragraph 2 of the said Article. Ireland declares that it grants the extradition of its nationals, but only on the basis of reciprocity. In accordance with Article 13 (1), Ireland has designated the Minister for Justice, Equality and Law Reform as the central authority for the purposes of this Convention.

Latvia:

1.		The Republic of Latvia declares that Article 5 (1) of this Convention shall be applied to criminal acts in accordance with Articles 1 and 2 of the European Convention for the Suppression of Terrorism and to the criminal acts of the date of appointment or of the Participation in one or more criminal acts in accordance with Articles 1 and 2 of the European Convention on the Suppression of Terrorism.
2.		The Republic of Latvia declares, in accordance with Article 7 (2) of this Convention, that it reserves the right not to authorise the extradition of its own nationals.
3.		The Republic of Latvia declares, in accordance with Article 11 of this Convention, that in its relations with the other Member States which have made the same declaration, consent is given in accordance with Article 14 (1) (lit). a of the European Convention on Extradition shall be deemed to have been granted, unless otherwise indicated on the occasion of the granting of extradition in an individual case.
4.		The Republic of Latvia declares, in accordance with Article 13 (1) of this Convention, that it shall designate the Public Prosecutor's Office, General Office, as the central authority.

Lithuania:

In accordance with Article 13 (1) of the Convention, the Seimas of the Republic of Lithuania declares that the Ministry of Justice and the Office of the Prosecutor General are the central authorities for the exercise of functions provided for under the Convention. According to Article 18 (4) of the Convention, the Seimas of the Republic of Lithuania declares that, if the Convention is not yet in force at the time of the accession of the Republic of Lithuania to the European Union, the Convention shall be in the relationship of the Republic of Lithuania. Lithuania is applicable to the other Member States of the European Union, which have made a declaration of the same content.

Cyprus:

On Art. 7 (2):

The Republic of Cyprus declares, in accordance with Article 7 (2) of the Convention, that it does not authorise the extradition of its own nationals.

On Art. 13 (1):

The Republic of Cyprus declares, in accordance with Article 13 (1) of the Convention, that it shall designate the Ministry of Justice and Public Order as the central authority to carry out the tasks provided for in the Convention.

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