27 MAI 2002. - An Act to approve the Convention established on the basis of Article K.3 of the Treaty on the European Union on the simplified procedure for extradition between the Member States of the European Union, made in Brussels on 10 March 1995 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention established on the basis of Article K.3 of the Treaty on the European Union, on the simplified procedure for extradition between the Member States of the European Union, made in Brussels on 10 March 1995, will come out its full and complete effect.
Promulgation of this law, let us order that it be clothed with the seal to the State and published by the Belgian Monitor.
Given in Brussels, 27 May 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2000-2001.
Senate.
Documents. - Bill tabled on 11 April 2001, No. 2-717/1.
Session 2001-2002.
Report on behalf of the Commission, No. 2-717/2. - Report made on behalf of the commission, no. 2-717/3.
Annales parliamentarians. - Discussion, meeting of February 21, 2002. - Vote, meeting of 21 February 2002.
Room.
Documents. - Project transmitted by the Senate, No. 50-1651/1. - Text adopted in plenary and subject to Royal Assent, No. 50-1651/2.
Annales parliamentarians. - Discussion, meeting of March 27, 2002. - Vote, meeting of 28 March 2002.

Convention established on the basis of Article K.3 of the Treaty on the European Union on the simplified extradition procedure between the Member States of the European Union
The High Contracting Parties to this Convention, Member States of the European Union,
Referring to the Act of the Council of 10 March 1995,
Desiring to improve judicial cooperation in criminal matters between Member States, with regard to both prosecution and enforcement of convictions,
Recognizing the importance of extradition in the field of judicial cooperation in achieving these objectives,
Convinced of the need to simplify the extradition procedure, to the extent compatible with the fundamental principles of their domestic law, including the principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms,
Noting that, in a large number of extradition procedures, the person subject to the request does not object to his or her surrender,
Considering that it is desirable to minimize, in such cases, the time necessary for extradition and any period of detention for extradition,
Considering that it is therefore appropriate to facilitate the application of the European extradition convention of 13 December 1957, by simplifying and improving the extradition procedure,
Considering that the provisions of the European extradition convention remain applicable for all matters not dealt with in this Convention,
The following provisions have been agreed:
ARTICLE 1^er
General provisions
1. This Convention aims to facilitate the application of the European Convention on Extradition between the Member States of the European Union, supplementing the provisions of the European Convention on Extradition.
2. Paragraph 1 does not affect the application of the more favourable provisions of the existing bilateral or multilateral agreements between Member States.
ARTICLE 2
Remission obligation
The Member States undertake to surrender, in accordance with the simplified procedure provided for in this Convention, persons sought for extradition, with the consent of these persons and the consent of the requested State, given in accordance with this Convention.
ARTICLE 3
Conditions of delivery
1. Pursuant to Article 2, any person who has been subjected to an application for provisional arrest under Article 16 of the European Extradition Convention shall be surrendered in accordance with Articles 4 to 11 and Article 12 (1) of this Agreement.
2. The surrender referred to in paragraph 1 is not subject to the submission of an extradition request and the documents required by Article 12 of the European Extradition Convention.
ARTICLE 4
Information to be provided
1. For the purposes of the information of the arrested person for the purposes of Articles 6 and 7, as well as the competent authority referred to in Article 5, paragraph 2, the following information, to be communicated by the requesting State, is considered sufficient:
(a) the identity of the person sought;
(b) the authority requesting the arrest;
(c) the existence of an arresting order or an act having the same force or enforceable judgment;
(d) the nature and legal qualification of the offence;
(e) description of the circumstances of the offence, including time, place and degree of participation in the offence of the person sought;
(f) to the extent possible, the consequences of the offence.
2. Notwithstanding paragraph 1, additional information may be requested if the information provided for in the paragraph is insufficient to allow the competent authority of the requested State to authorize the surrender.
ARTICLE 5
Consent and agreement
1. The consent of the arrested person shall be given in accordance with Articles 6 and 7.
2. The competent authority of the requested State shall give its agreement according to its national procedures.
ARTICLE 6
Information of the person
When a person sought for extradition is arrested in the territory of another Member State, the competent authority shall, in accordance with its domestic law, inform the person of the application to which it is the subject and of the possibility that it is offered to consent to the person being handed over to the requesting State in accordance with the simplified procedure.
ARTICLE 7
Consent collection
1. The consent of the arrested person and, where appropriate, the express waiver of the speciality rule shall be given to the competent judicial authorities of the requested State in accordance with the domestic law of the requested State.
2. Any Member State shall adopt such measures as may be necessary to ensure that the consent and, where appropriate, the waiver referred to in paragraph 1 is collected in such conditions that the person has voluntarily expressed them and fully aware of the consequences thereof. To this end, the arrested person has the right to be assisted by counsel.
3. The consent and, where appropriate, the waiver referred to in paragraph 1 shall be recorded in a report, in accordance with the procedure provided for in the domestic law of the requested State.
4. Consent and, where appropriate, waiver referred to in paragraph 1 shall be irrevocable. When depositing their instrument of ratification, acceptance, approval or accession, Member States may indicate in a declaration that consent and, where appropriate, waiver may be revocable, in accordance with the rules applicable in domestic law. In this case, the period between the notification of consent and that of its revocation is not taken into consideration for the determination of the time limits provided for in Article 16(4) of the European Extradition Convention.
ARTICLE 8
Communication of consent
1. The requested State shall immediately communicate to the requesting State the consent of the person. In order to allow that State to submit, where appropriate, an extradition request, the requested State shall notify the State, no later than ten days after the provisional arrest, whether or not the person has given his or her consent.
2. The communication referred to in paragraph 1 shall be carried out directly between the competent authorities.
ARTICLE 9
Waiver of speciality rule
Any Member State may declare, upon deposit of its instrument of ratification, acceptance, approval or accession or at any other time, that the rules set out in Article 14 of the European Extradition Convention are not applicable where the person, in accordance with Article 7 of this Convention:
(a) consent to extradition; or
(b) having consented to extradition, expressly waives the benefit of the speciality rule.
ARTICLE 10
Disclosure of extradition decision
1. By derogation from the rules laid down in Article 18, paragraph 1, of the European Convention on Extradition, the communication of the extradition decision taken under the simplified procedure, as well as information relating to this procedure, is carried out directly between the competent authority of the requested State and the authority of the requesting State that has requested the provisional arrest.
2. The communication referred to in subsection 1 shall be made no later than twenty days after the date of consent of the person.
ARTICLE 11
Delivery time
1. The surrender of the person shall be made no later than twenty days after the date on which the extradition decision has been communicated under the conditions set out in section 10 (2).
2. Upon the expiry of the period referred to in paragraph 1, if the person is detained, the person shall be released on the territory of the requested State.
3. In the event of a force majeure preventing the surrender of the person within the period specified in paragraph 1, the authority concerned referred to in section 10 (1) shall inform the other authority. They are suitable for a new delivery date. In this case, the discount will take place within twenty days of the new date as agreed. If the person in question is still detained on the expiry of this period, the person is released.
4. Paragraphs 1, 2 and 3 of this article do not apply in the event that the requested State wishes to make use of Article 19 of the European Extradition Convention.
ARTICLE 12
Consent given after the expiry of the period under section 8 or in other circumstances
1. When the person has given his or her consent after the expiry of the ten-day period provided for in Article 8, the requested State:
- implements the simplified procedure as provided for in this Convention if a request for extradition within the meaning of Article 12 of the European Extradition Convention has not yet been reached;
- may use this simplified procedure if a request for extradition within the meaning of Article 12 of the European Extradition Convention has reached it in the meantime.
2. Where no request for provisional arrest has been made, and where consent has been given after receipt of an extradition request, the requested State may use the simplified procedure as provided for in this Convention.
3. When depositing its instrument of ratification, acceptance, approval or accession, each Member State shall declare whether it intends to apply paragraph 1 second dash and paragraph 2 and under what conditions it intends to do so.
ARTICLE 13
Extradition to another Member State
Where the extradited person does not enjoy the speciality rule in accordance with the declaration of the Member State provided for in Article 9 of this Convention, Article 15 of the European Extradition Convention does not apply to the surrender of that person to another Member State unless the said declaration otherwise provides.
ARTICLE 14
Transit
In the case of transit within the meaning of Article 21 of the European Extradition Convention, in the case of extradition under the simplified procedure, the following provisions apply:
(a) in the event of an emergency, the request may be sent, by any means leaving a written record, to the transit State, together with the information provided for in Article 4. The transit State may make its decision known by the same process;
(b) the information referred to in Article 4 is sufficient to allow the competent authority of the transit State to know whether it is a simplified extradition procedure and to take the necessary measures of constraint for the execution of the transit against the extradited person.
ARTICLE 15
Determination of competent authorities
When depositing its instrument of ratification, acceptance, approval or accession, each Member State shall state in a declaration the competent authorities within the meaning of Articles 4 to 8, 10 and 14.
ARTICLE 16
Entry into force
1. This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the General Secretariat of the Council of the European Union. The Secretary-General of the Council shall notify all Member States of their deposit.
2. This Convention comes into force ninety days after the deposit of the instrument of ratification, acceptance or approval by the Member State which proceeds the last to this formality.
3. Until the entry into force of this Convention, each Member State may, at the time of deposit of its instrument of ratification, acceptance or approval or at any other time, declare that this Convention is applicable to it, in its relations with the Member States that have made the same declaration, ninety days after the deposit of its declaration.
4. Any declaration made under Article 9 shall take effect thirty days after its deposit, but no later than the date of the entry into force of this Agreement or the implementation of it with respect to the Member State concerned.
5. This Convention applies only to applications made after the date of its entry into force or its implementation between the requested State and the requesting State.
ARTICLE 17
Access
1. This Convention is open to the accession of any State that becomes a member of the European Union.
2. The text of the present Convention established in the language of the State adhered to by the General Secretariat of the Council of the European Union and approved by all Member States shall be equally authentic as other authentic texts. The Secretary-General shall transmit a certified copy to each Member State.
3. Instruments of accession shall be deposited with the General Secretariat of the Council of the European Union.
4. This Agreement shall enter into force with respect to any State that adheres to it ninety days after the deposit of its instrument of accession or the date of entry into force of that Convention, if it has not yet entered into force at the time of the expiry of that period of ninety days.
5. In the event that this Agreement has not yet entered into force at the time of deposit of its instrument of accession, Article 16(3) applies to the Member States.
In faith, undersigned Plenipotentiaries have affixed their signatures at the bottom of this Convention.
Done in Brussels, on ten March, nine hundred and ninety-five, in a single copy, in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, all these texts being equally authentic, exemplary which is deposited in the archives of the General Secretariat of the Council of the European Union. The Secretary-General shall transmit a certified copy to each Member State.

Convention established on the basis of Article K.3 of the Treaty on the European Union on the simplified extradition procedure between the Member States of the European Union, made in Brussels on 10 March 1995
For the consultation of the table, see image
Belgium has deposited the following statements:
1. Declaration on Article 7:
"The consent to the simplified procedure and the automatic waiver for the benefit of the speciality rule which is associated with it, expressed under this Convention, by a person found in Belgium, remain revocable until such person is handed over to the authorities of the requesting State".
2. Declaration on Article 9:
"The rules relating to speciality provided for in Article 14 of the European Convention on Extradition are not applicable when the person concerned consents to his extradition."
3. Declaration on Article 12:
"Belgium intends to apply, with a view to broadening the possibilities of application of the simplified procedure, paragraph 1 second dash and paragraph 2 of Article 12".
4. Declaration on Article 15:
"Belgium designates as competent authorities on the one hand, for the purposes of sections 4 to 8 and 10, the prosecutors of first instance and the Federal Prosecutor's Office, and on the other hand, for the purposes of article 14, the Department of Individual Cases of International Judicial Cooperation of the Directorate General of Criminal Legislation and Fundamental Rights and Freedoms of the Federal Public Service Justice. »
5. Declaration on Article 16:
"This Convention shall apply, with respect to Belgium, on the basis of Article 16, in its relations with the Member States which have made the same declaration".