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Scope Of The European Convention On Extradition

Original Language Title: Geltungsbereich des Europäischen Auslieferungsübereinkommens

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21. Representing of the Federal Chancellor concerning the scope of the European Convention on extradition

According to the note by the Secretary-General of the Council of Europe, Bosnia and Herzegovina, on 25 April 2005, has ratified the European Convention on extradition (BGBl). No. 320/1969, last proclamation of the BGBl area. III No 104/2003).

According to other communications from the Secretary-General of the Council of Europe, the following states have expressed the following reservations on the European Convention on extradition. Statements made, amended or withdrawn:

Belgium:

In accordance with Article 28 (3) of the Convention, Belgium declares that it is the law of 19 December 2003, which provides for 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 implementing them since 1. Jänner 2004 applies to the arrest and surrender of persons between Belgium and the Member States of the European Union.

This law is also applicable to the relationship between Belgium and the new Member States as from the date of their accession to the Union.

The European Extradition Convention of 13 December 1957 and other conventions relating to extradition shall be applied exceptionally and temporarily:

1.

In respect of Member States which do not adopt the Framework Decision by 1. Until such time as they have notified the General Secretariat of the Council of the European Union that a transposition has been carried out, they have implemented the date of their accession in 2004 or the date of their accession.

2.

For the transfer to Belgium (as a requesting State) of persons:

a.

the offences committed before 1 November 1993 were sought and arrested in France;

b.

in search of the criminal offences committed before 7 August 2002 and arrested in Austria or Italy.

Bulgaria:

The Republic of Bulgaria has made its declaration on the occasion of the ratification of the Convention 1 On Article 6 (1) of the Convention, the following wording is amended:

The Republic of Bulgaria declares that it will consider any person who has Bulgarian nationality at the time of the receipt of the extradition request for the purposes of the Convention as a national of its own.

Germany:

In accordance with Article 28 (3) of the Convention, the Federal Government declares that 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 shall be determined by the law of 21 July 2004 on the European Arrest Warrant and the surrender procedures between the Member States of the European Union (Act on the European Arrest Warrant). This law came into force on 23 August 2004.

By that date, the provisions on the European Arrest Warrant shall replace the relevant provisions of the European Convention on extradition of 13 December 1957 and its two Protocols of 15 December 1957. October 1975 and 17 March 1978 in relation between Germany and the other Member States of the European Union. Nevertheless, the above-mentioned Conventions remain subsidiary, provided that they are able to go beyond the objectives of the European Arrest Warrant, contribute to the simplification and facilitation of the procedures and, if the affected parties concerned are concerned, the Member State shall also continue to apply these conventions. The same principle applies to bilateral agreements concluded by the Federal Republic of Germany with other Member States of the European Union.

Finland:

In accordance with Article 28 (3) of the Convention, Finland will replace 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 of the European Union apply national laws in relation to the Member States of the European Union.

France:

Pursuant to Article 28 (3) of the Convention, the Government of the French Republic declares that, with regard to Paris, since 12 March 2004 and with regard to the French Republic of France, since 13 March 2004, the provisions on the European Arrest Warrant, where applicable, are applicable, replace the relevant provisions of the European Convention on extradition of 13 December 1957 in the case of surrender procedures between Member States of the European Union.

Ireland:

The Government of Ireland Declares, in accordance with Article 28 (3) of the Convention, that Ireland should: 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 of the European Union, in so far as it is in the relationship between Ireland and the is applicable to other Member States.

The Government of Ireland hereby withdraws its declaration pursuant to Article 28 (3) of the Convention with regard to extradition agreements between Ireland and the United Kingdom. 2 of 13 May 1991.

The Government of Ireland informs the Secretary-General of the Council of Europe that Ireland will apply the European Convention on extradition to the territories of the United Kingdom of the Channel Islands and the Isle of Man.

Lithuania:

In accordance with Article 28 (3) of the Convention, the Republic of Lithuania declares that it will apply the surrender procedure in accordance with the European Arrest Warrant in relation to the relationship between the Republic of Lithuania and other Member States of the European Union, except in the statements made by the Member States of the European Union in respect of Article 32 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between the Member States of the European Union European Union cases.

Luxembourg:

In accordance with Article 28 (3) of the Convention, the Grand Duchy of Luxembourg shall apply the law of 17 March 2004 on the European arrest warrant and the surrender procedures between Member States of the European Union with regard to offences established after the 7. The European Union Member States have implemented the Framework Decision on the European Arrest Warrant and the surrender procedures between the Member States, as compared with the Member States of the European Union.

Malta:

In accordance with Article 28 (3) of the European Convention on extradition of 1957, the Government of Malta informs the Secretary-General of the Council of Europe that Malta should be informed of the Framework Decision of the Council of the European Union (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States in relation to the Member States of the European Union, in so far as the Framework Decision in relation to Malta and the other Member States is applicable. This is to apply with effect from 7 June 2004.

Netherlands:

On 13 June 2002, the Council of the European Union adopted a framework decision on the European arrest warrant and the surrender procedures between the Member States (no. 2002 /584/JHA), hereinafter referred to as "the Framework Decision". Article 31 of the Framework Decision provides that from 1. Jänner 2004 of the Framework Decision will replace the relevant provisions of the respective extradition conventions applicable in relation to each Member State.

The Permanent Representation of the Kingdom of the Netherlands therefore has the honour to inform the Secretary-General of the Council of Europe that, pursuant to Article 28 (3) of the Convention on extradition, the Convention no longer exists in the relationship between the European Union and the European Union. Part of the Kingdom of the Netherlands and of the Member States of the European Union which are parties to the Convention shall be applied.

The Permanent Representation of the Kingdom of the Netherlands wishes to stress that Obenmention does not touch upon the application of the Convention in relation to the relationship between:

-

the Netherlands Antilles and Aruba and the Contracting Parties to the Convention; and

-

the European part of the Kingdom and the Contracting Parties to the Convention, which are not Member States of the European Union.

Austria:

In accordance with Article 28 (3) of the Convention, Austria states that, as from 1 May 2004, it is the national legislation 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 (2002/584/JHA) in relation to the Contracting Parties which are Member States of the European Union and which already applied the EU Framework Decision on 1 May 2004, with the exception of questions relating to: Offences committed in part or in full before 7 August 2002.

Poland:

In accordance with Article 28 (3) of the Convention, the Republic of Poland declares that, since 1 May 2004, it has adopted the internal framework decision on the European arrest warrant and the surrender procedures between Member States of the European Union. Legislation in relation to the Member States of the European Union is applied in so far as the Framework Decision is applicable in relations between Poland and those States.

The provisions of the aforementioned Framework Decision were transposed into Polish law by the Law on the Amendment of the Criminal Code, the Criminal Procedure Act and the Act on Decrees of 18 March 2004.

Portugal:

In accordance with Article 28 (3) of the Convention, the Portuguese Republic declares that, in relation to the other Member States of the European Union, the Council Framework Decision 2002 /584/JHA of 13 June 2002 on the European arrest warrant and applies the surrender procedures.

The Framework Decision was transposed into Portuguese law by Law N ° 65/2003 of 23 August 2003 and, pursuant to Article 40 of this Act, the legal framework has been in place since 1 January 2003. January 2004 in force and from this date on handover (extradition) requests from Member States of the European Union, which have decided to apply the framework decision directly.

Sweden:

In accordance with Article 28 (3) of the Convention, Sweden shall apply as from 1. January 2004 the Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States of the European Union in relation to the Member States of the European Union, in so far as the Framework Decision in the The relationship between Sweden and the Member State concerned shall apply.

Slovenia:

In accordance with Article 28 (3) of the Convention, the Republic of Slovenia declares that it shall adopt the Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States of the European Union by means of the law on the The European arrest warrant and the surrender procedures have been implemented. This Act entered into force on 1 May 2004 and applied to the transfer (extradition) of the Member States after that date for the transfer (extradition) of the offences committed after 7 August 2002.

The provisions of the Act on the European Arrest Warrant and the surrender procedures thus replace the provisions of the European Convention on extradition of 13 December 1957 and its two additional protocols of 15 December 1957. October 1975 and 17 March 1978 in so far as the Framework Decision on the European Arrest Warrant and the surrender procedures in relation between Slovenia and the other Member States is applicable.

Czech Republic:

In accordance with Article 28 (3) of the Convention, the Czech Republic states that, on 1 November 2004, the Czech Republic adopted the Council Framework Decision on the European Arrest Warrant and the surrender procedures between the Member States of the European Union, which the Czech Republic regards as a single piece of legislation in accordance with Article 28 (3) of the Convention and which the Czech Republic will apply in relation to those Member States of the European Union which are also responsible for the Framework decision on the European arrest warrant by law, have been implemented by law.

The European Convention on extradition and its two protocols of 15. On 17 October 1975 and 17 March 1978, in relation to the Member States of the European Union, the extradition of persons sought for offences committed before 1 November 2004 shall continue to apply.

The Czech Republic will continue to apply Article 3 of the Treaty between the Czech Republic and the Slovak Republic on mutual assistance between 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 Art. XV of the Treaty between the Czech Republic and the Republic of Austria on the addition of the European Convention on extradition of 13 December 1957 and the facilitation of its application, concluded in Vienna on 27 June 1994, the basis of which the European Arrest Warrant and other documents shall be sent without translation into the official language of the requested State.

Hungary:

In accordance with Article 28 (3) of the Convention, the Republic of Hungary states that it must adopt 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 of the European Union Union.

The Framework Decision was adopted by the Hungarian Law No. CXXX from 2003. The law entered into force on 1 May 2004 and is applicable to the transfer requests made by Member States of the European Union from that date. The provisions of the European Arrest Warrant thus replace the relevant provisions of the European Convention on extradition of 13 December 1957 and its two protocols of 15 December 1957. The Framework Decision is applicable in relation to the Member States, provided that the Framework Decision is applicable in relation to the Republic of Hungary and the Member State in question.

Cyprus:

In accordance with Article 28 (3) of the Convention, the Cypriot Government states that, by 13 June 2002, it shall adopt the Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States of the European Union in zypriot law.

The Framework Decision has been implemented by the Cypriot Law N ° 133 of 30 April 2004. This Act entered into force on 1 May 2004 and from that date on the transfer (extradition) of requests from Member States of the European Union. The provisions on the European Arrest Warrant shall replace the relevant provisions of the European Convention on extradition of 13 December 1957 and its two Protocols of 15 December 1957. October 1975 and 17 March 1978 in the relationship between Cyprus and the other Member States of the European Union.

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