78. Representing of the Federal Chancellor concerning the scope of the Convention pursuant to Article K.3 of the Treaty on European Union on the simplified extradition procedure 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 the simplified extradition procedure between the Member States of the European Union (provisional application BGBl. III n ° 169/2000, last proclamation of the BGBl area. III N ° 211/2002):

States:	Date of deposit of the instruments of ratification. Certificate of Accession:	Release of the Declaration pursuant to Art. 16 (3):
Estonia	17. January 2005	-
France	1 April 2005	1 April 2005
Latvia	14 June 2004	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 competent authorities in accordance with Articles 4 to 7 of the Convention are the Security Police Office, the Central Criminal Police and the Police Prefectures.
2.		The competent authority pursuant to Articles 8, 10 and 14 of the Convention shall be the Ministry of Justice.

France:

On Art. 7 (4):

France declares that the person to be extradited within the legal time limits shall have the right to appeal against the decision of the board of the locally competent court of appeal responsible for the taking of evidence, which shall be responsible for the Delivery of the person concerned shall be deemed to be a revocation of the consent to extradition.

On Art. 9:

France declares that the provisions of Article 14 of the European Convention on Extradition do not apply if the person who has consented to extradition expressly renounts the protection of the principle of speciality.

On Art. 12 (3):

France declares that it applies the second indent of paragraph 1 and paragraph 2 under the conditions laid down by its national legislation.

On Art. 15:

France declares that the following authorities shall be competent within the meaning of Articles 4 to 8, 10 and 14:

-		the locally competent public prosecutor (Procureur de la Republique) within the meaning of Article 4;
-		the chamber of the locally competent court of appeal within the meaning of Articles 5 and 7, commissioned with the taking of evidence;
-		the locally competent attorney general (Procureur General) within the meaning of Articles 6 and 8;
-		The Minister of Justice referred to in Articles 10 and 14.

Latvia:

1.		According to Art. 9, the Republic of Latvia declares that it does not apply the provisions of Article 14 of the European Convention on Extradition, if the person gives their consent to extradition pursuant to Article 7 of this Convention and expressly to do without the protection of the principle of speciality.
2.		In accordance with Article 12 (3), the Republic of Latvia declares that, where a arrested person has given consent after the expiry of the ten-day period laid down in Article 8, the simplified procedure may be applied where: In the meantime, a request for extradition within the meaning of Article 12 of the European Convention on extradition has been received.
3.		In accordance with Article 12 (3), the Republic of Latvia declares that the simplified procedure provided for in this Convention may be applied in cases where a request for provisional arrest has not been made and in which the consent has been given in accordance with Receipt of the extradition request has been declared.
4.		In accordance with Article 15, the Republic of Latvia declares that the competent authority, within the meaning of Articles 6 to 8, 10 and 14 of the Convention, is the Public Prosecutor's Office, General Office.

Lithuania:

According to Article 7 (4) of the Convention, the Seimas of the Republic of Lithuania declares that the person to be extradited from the Republic of Lithuania during the hearing by the judge of the District Court of Vilnius concerning the extradition of that person from the Republic of Lithuania Consent to extradition from the Republic of Lithuania may be withdrawn under the simplified procedure.

In accordance with Article 12 (3) of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania reserves the right to apply the provisions of Article 12 (1) (2) and Article 12 (2) thereof.

According to Art. 15 of the Convention, the Seimas of the Republic of Lithuania states that:

1.		the Ministry of Justice of the Republic of Lithuania and the Office of the Prosecutor General of the Republic of Lithuania are the competent authorities for the exercise of functions in accordance with Article 4 of the Convention;
2.		the Office of the Attorney General is the competent authority for the exercise of the functions referred to in Articles 5, 6, 8, 10 and 14 of the Convention;
3.		the District Court of Vilnius shall be the competent authority in accordance with Article 7 of the Convention.

According to Article 16 (3) 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 in the ratio of the Republic of Lithuania Lithuania to the other Member States of the European Union, which have made a declaration of the same content, shall be applicable ninety days after the date of deposit of this declaration.

Cyprus:

On Art. 9:

In accordance with Article 9 of the Convention, the Republic of Cyprus declares that the provisions of Article 14 of the European Convention on Extradition shall not apply if the person concerned is requested to be extradited to him,

a.		has given its consent to extradition, or
b.		has given its consent to extradition and has expressly waived the protection of the principle of speciality.

On Art. 12 (3):

Under the terms of Article 12 (3) of the Convention, the Republic of Cyprus declares that it intends to apply the second indent of Article 12 (1) and the second paragraph of Article 12 of the Convention.

On Art. 15:

Under the conditions laid down in Article 15 of the Convention, the Republic of Cyprus declares that the Ministry of Justice and Public Order is the competent authority within the meaning of Articles 4 to 8, 10 and 14.

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