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Download XMLConvention Drawn Up On the Basis of Article K.3 of the Treaty On European Union, On Simplified Extradition Procedure Between the Member States of the European Union
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Austria | Yes | No |
| Belgium | Yes | No |
| Cyprus | Yes | No |
| Denmark | Yes | No |
| Estonia | Yes | No |
| Finland | Yes | No |
| France | Yes | No |
| Germany | Yes | No |
| Greece | Yes | No |
| Ireland | Yes | No |
| Latvia | Yes | No |
| Lithuania | Yes | No |
| Luxembourg | Yes | No |
| Poland | Yes | No |
| Portugal | Yes | No |
| Slovenia | Yes | No |
| Spain | Yes | No |
| Sweden | Yes | No |
| United Kingdom | Yes | No |
Austria
27-06-2000
1. In accordance with Article 9, Austria declares that the rules laid down in Article
14 of the European Convention on Extradition do not apply where the person consents
to extradition, in accordance with Article 7 of the present Convention.
2. In accordance with Article 12(3), Austria declares that it will apply the simplified
extradition procedure provided for in the Convention in cases in which a request for
extradition has been made in accordance with the second indent of Article 12(1) and
Article 12(2).
3. In accordance with Article 15, Austria declares that the competent authorities
within the meaning of the Convention are the following:
(a) within the meaning of Articles 6 to 8 and 10: ? the Court of First Instance in
the district of which the person has his or her domicile or residence; ? in the absence
of such a domicile or residence: the Court of First Instance in the district of which
the person was apprehended or has been remanded in custody;
(b) within the meaning of Article 4, Article 5(2) and Article 14: the Federal Minister
for Justice.
4. In accordance with Article 16(3), Austria declares that this Convention shall apply
to its relations with Member States that have made the same declaration until its
entry into force.
Belgium
16-07-2002
1. Declaration on Article 7:
Consent to the simplified procedure and the automatic renunciation of entitlement
to the speciality rule associated with that consent, given in application of this
Convention by a person discovered in Belgium, shall remain revocable until that person
has been handed over to the authorities of the requesting State.
2. Declaration on Article 9:
The rules on speciality laid down in Article 14 of the European Convention on Extradition
do not apply where the person concerned consents to extradition.
3. Declaration on Article 12:
So as to extend opportunities for applying the simplified procedure, Belgium intends
to apply Article 12(1), second indent, and Article 12(2).
4. Declaration on Article 15:
Belgium designates as competent authorities, for the application of Articles 4 to
8 and Article 10, the Public Prosecutors' Offices of First Instance and the Federal
Public Prosecutor's Office and, for the application of Article 14, the Individual
Cases Section of the Department for International Cooperation in Criminal Matters
in the Directorate-General for Legislation and Fundamental Rights and Freedoms of
the Federal Department of Justice.
5. Declaration on Article 16:
This Convention shall apply with respect to Belgium, on the basis of Article 16, to
its relations with Member States which have made the same declaration.
Cyprus
08-06-2005
Article 9:
Pursuant to Article 9 of the Convention, the Republic of Cyprus declares that the
rules laid down in Article 14 of the European Convention on Extradition do not apply
where the person, whose extradition is requested, a) consents to extradition, and
b) consents to extradition and expressly renounces his entitlement to the speciality
rule.
Article 12(3):
Pursuant to Article 12(3) of the Convention, the Republic of Cyprus declares that
it intends to apply paragraph 1, second indent and paragraph 2 of Article 12 of the
Convention.
Article 15:
Pursuant to 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 Article 4 to 8, 10 and 14 of the Convention.
Denmark
19-11-1996
Re Article 7(4):
Consent to extradition and express renunciation of entitlement to the speciality rule
may be revoked in accordance with the relevant rules applicable at any time under
Danish law.
Re Article 9(b):
The rules laid down in Article 14 of the European Convention on Extradition are not
applicable where the person gives his consent to extradition and expressly renounces
his entitlement to the speciality rule pursuant to Article 7 of the Convention on
simplified extradition procedure between the Member States of the European Union.
Re Article 12(3):
The Danish authorities intend to apply Article 12(1), 2nd indent, and Article 12(2)
on the same conditions as obtain following the statements made by Denmark pursuant
to Article7 (4) and Article 9b).
Re Article 15:
For Denmark the competent authority within the meaning of Articles 4 and 5 is the
Ministry of Justice, the local Chief Constable is the competent authority within the
meaning of Articles 6, 8 and 10, the courts are the competent authority within the
meaning of Article 7 and the National Commissioner of Police (Interpol) is the competent
authority within the meaning of Article 14.
Re Article 16(3):
For Denmark the Convention will apply to its relations with Member States that have
made the same declaration 90 days after the date of deposit of the declaration.
For Denmark the Convention does not until further notice apply to the Faroes or to
Greenland.
Estonia
17-01-2005
The Riigikogu of the Republic of Estonia made the following Declarations:
1. The competent authorities pursuant to Articles 4 to 7 of the Convention are the
Security Police Board, Central Criminal Police and Police Prefectures;
2. The competent authority pursuant to Article 8, 10 and 14 of the Convention is the
Ministry of Justice.
Finland
07-04-1999
1. Article 7(4) of the Convention:
Consent to the simplified procedure may be revoked in Finland.
2. Article 9(b) of the Convention:
Finland will not apply the rules (speciality rule) contained in Article 14 of the
European Convention on extradition where the person, in accordance with Article 7
of the Convention, consents to extradition and expressly renounces his entitlement
to the speciality rule.
3. Article 12(3) of the Convention:
Finland will apply Article 12(1), second indent, and Article 12(2) in situations where
the procedure began with a request in accordance with Article 16 of the European Convention
on Extradition.
4. Article 16(3) of the Convention:
as far as Finland is concerned, the Convention may apply, before it enters into force
internationally, in relations with those Member States which have made a similar declaration.
France
01-04-2005
Article 7, Paragraph 4:
France hereby declares that the exercise by the person sought, within the statutory
time limits, of an appeal against the decision of the examining magistrate of the
court of appeal having territorial jurisdiction which granted his extradition, shall
be equivalent to the revocation of consent to extradition.
Article 9:
France hereby declares that the rules laid down in Article 14 of the European Convention
on Extradition do not apply where the person consents to extradition and expressly
renounces his entitlement to the speciality rule.
Article 12, Paragraph 3:
France hereby declares that it will apply paragraph 1, second indent, and paragraph
2 under the conditions laid down by its internal legislation.
Article 15:
France hereby declares that the competent authorities within the meaning of Articles
4 to 8, 10 and 14 are as follows:
- the public prosecutor of the Republic having territorial jurisdiction, within the
meaning of Article 4;
- the examining magistrate of the court of appeal having territorial jurisdiction,
within the meaning of Articles 5 and 7;
- the principal public prosecutor having territorial jurisdiction, within the meaning
of Articles 6 and 8;
- the Minister for Justice, within the meaning of Articles 10 and 14.
Article 16:
France declares that this Convention applies, in accordance with Article 16(3), in
its relations with Member States which have made the same declaration.
Germany
11-12-1998
Re Article 9:
The provisions of Article 14 of the European Convention on Extradition regarding the
speciality rule will not apply if the person has consented to extradition and has
expressly waived his entitlement to the speciality rule pursuant to Article 7 of this
Convention.
Re Article 12:
The decision to apply the second indent of Article 12(1) or Article 12(2) will be
taken in the light of the stage reached in the individual extradition procedure.
Re Article 15:
For the purposes of Articles 4, 5 and 10, the competent authorities will be the competent
local public prosecutor's offices at the Higher Regional Courts [Oberlandesgerichte].
For the purposes of Article 6, the competent authorities will be the competent local
public prosecutor's offices at the Higher Regional Courts [Oberlandesgerichte] and
the Local Courts [Amtsgerichte] with local jurisdiction.
For the purposes of Article 7(1), the competent authorities will be the Local Courts
[Amtsgerichte] with local jurisdiction. Where Germany is the requested Member State,
the competent authorities for the purposes of Article 8 will be the competent local
public prosecutor's offices at the Higher Regional Courts [Oberlandesgerichte]. Where
Germany is the requesting Member State, they will be the public prosecutor's offices
with responsibility for the subject matter of the case or, in individual cases, the
juvenile courts.
For the purposes of Article 14, the competent authorities will be the public prosecutor's
offices at the Higher Regional Courts [Oberlandesgerichte]. Where transit is by land
or sea, local jurisdiction is determined by the district in which the person in transit
is likely to be transferred to Germany. In the event of transit by air, local jurisdiction
lies with the public prosecutor's office at the Higher Regional Court [Oberlandesgericht]
in whose area the first stop-over is to take place.
Re Article 16:
In accordance with Article 16(3), the Federal Government declares that, as far as
it is concerned, the Convention will apply to the Federal Republic of Germany's relations
with Member States which have made the same declaration, 90 days after the date of
deposit of the declaration.
Greece
20-06-2000
In accordance with Articles 9, 12(3) and 15 of the Convention, we would ask for the
following statements to be taken into account:
a) The speciality rule laid down in Article 14 of the European Convention on Extradition
does not apply where the person has consented to extradition and makes an express
declaration renouncing his entitlement to that rule.
b) The Hellenic Republic intends to apply paragraph 1, second indent and paragraph
2 of Article 12 of the Convention unconditionally.
c) The authorities competent within the meaning of Articles 4 to 8, 10 and 14 are
the Minister for Justice, in respect of Articles 4, 5, 10 and 14, the Public Prosecutor
of the Appeal Court of the place of residence of the person to be extradited, in respect
of Articles 6 and 8 and the Presiding Judge of the Appeal Court of the place of residence
of the person being extradited, in respect of Article 7.
Ireland
28-06-2002
Ireland declares, in accordance with Article 7 of the Convention, that consent to
surrender by an arrested person and, where appropriate, the express renunciation of
entitlement to the rule of speciality, may be revoked by the arrested person in accordance
with the rules applicable under Irish law;
Ireland declares, in accordance with Article 12 of the Convention, that it shall apply
Article 12 paragraph 1, second indent, and Article 12, paragraph 2 in accordance with
the rules applicable under Irish law;
The competent authority in Ireland for the purposes of Articles 4, 5, 6, 8, 10 and
14 of the Convention is the Minister of Justice, Equality and Law Reform;
The competent authority in Ireland for the purposes of Article 7 of the Convention,
will be the High Court and the Supreme Court.
Latvia
14-06-2004
In accordance with Article 9 of the Convention the Republic of Latvia declares that
it does not apply the provisions of the Article 14 of the European Convention of Extradition
where the person, in accordance with Article 7 of the present Convention, consents
to extradition and expressly renounces his entitlement to the specific rule.
In accordance with paragraph 3 of Article 12 of the Convention the Republic of Latvia
declares that in the case where an arrested person has given his consent after expiry
of the deadline of 10 days laid down in Article 8, may use this simplified procedure
if a request for extradition within the meaning of Article 12 of the European Convention
on Extradition has reached it in the meantime.
In accordance with paragraph 3 of Article 12 of the Convention the Republic of Latvia
declares that it may avail itself to the simplified procedure as provided for this
convention in the case where no request for provisional arrest has been made, and
where consent has been given after receipt of a request for extradition.
In accordance with paragraph 3 of Article 16 of the Convention the Republic of Latvia
in conjunction with the provisions of paragraph 5 of Article 17 declares that the
Convention shall apply in its relations with Member States that have made the same
declaration.
In accordance with Article 15 of the Convention the Republic of Latvia declares that
the designed competent authority within the meaning of Articles 4 to 8, 10 and 14
is:
Prosecutor - General Office
Kalpaka Boulevard 6
Riga, LV-1801
Latvia
Phone: +371 7044400
Fax: +371 7044449
E-mail: gen@lrp.lv.
Lithuania
28-05-2004
And whereas, pursuant to paragraph 4 of Article 7 of the Convention the Seimas of
the Republic of Lithuania declares that, the extraditable person, during the hearing
held by the judge of the Vilnius County Court concerning the extradition of this person
from the Republic of Lithuania, may revoke his consent to be extradited from the Republic
of Lithuania under the simplified procedures;
And whereas, pursuant to paragraph 3 of Article 12 of the Convention the Seimas of
the Republic of Lithuania declares that the Republic of Lithuania reserves the right
to apply the second Indent of Paragraph 1 of Article 12 and Paragraph 2 of Article
12;
And whereas, pursuant to Article 15 of the Convention the Seimas of the Republic of
Lithuania declares that:
1) the Ministry of Justice of the Republic of Lithuania and the Prosecutor General's
Office of the Republic of Lithuania are designated as the competent authorities to
exercise the functions provided for in Article 4 of the Convention;
2) the Prosecutor General's Office of the Republic of Lithuania is designated as the
competent authority to exercise the functions provided for in Articles 5, 6, 8, 10
and 14 of the Convention;
3) the Vilnius County Court is the competent authority according to Article 7 of the
Convention;
And whereas, pursuant to paragraph 3 of Article 16 of the Convention the Seimas of
the Republic of Lithuania declares that if the Convention is not yet in force by the
accession of the Republic of Lithuania to the European Union the Convention shall
apply to the relations between the Republic of Lithuania and the other Member States
of the European Union that have made the same declaration 90 days after the date of
deposit of this declaration.
Luxembourg
08-09-2001
1. Pursuant to Articles 9 and 13, the Government of the Grand Duchy of Luxembourg
declares that the rules laid down in Article 14 of the European Convention on Extradition
will not apply where the person claimed consents to simplified extradition to another
Member State. The rules laid down in Article 14 will, however, apply in the event
of re-extradition to another Member State.
2. The Government of the Grand Duchy of Luxembourg reserves the right to apply Article
12(1), second indent, and (2).
3. Pursuant to Article 16(3), the Government of the Grand Duchy of Luxembourg declares
that the Convention will apply to it in its relations with Member States that have
made the same declaration.
4. The Government of the Grand Duchy of Luxembourg declares that the competent authorities
referred to in Article 15 are as follows: - for the purposes of Articles 6 to 8, the
public prosecutor's office attached to the district court with jurisdiction for the
place in question; - for the purposes of Articles 4, 5, 10 and 14, the Minister for
Justice. However, the public prosecutor's office attached to the district court with
jurisdiction for the place in question is also empowered to request the information
referred to in Article 4.
Poland
19-04-2006
1. In accordance with Article 9 of the Convention, the Republic of Poland hereby declares
that it will not apply the rules laid down in Article 14 of the European Convention
on Extradition where the person consents to extradition and expressly renounces his/her
entitlement to the speciality rule.
2. In accordance with Article 12(3) of the Convention, the Republic of Poland hereby
declares that it will not apply the simplified extradition procedure provided for
in the Convention in cases referred to in the second indent of Article 12(1) and in
Article 12(2).
3. In accordance with Article 15 of the Convention, the Republic of Poland hereby
declares that the competent authorities within the meaning of the Convention are the
following: - within the meaning of Articles 4, 5, 10 and 14 - the Minister of Justice
of the Republic of Poland; - within the meaning of Article 6 - the Regional Public
Prosecutor with territorial jurisdiction; - within the meaning of Articles 7 and 8
- the regional court with territorial jurisdiction.
4. In accordance with Article 16(3) of the Convention, the Republic of Poland hereby
declares that until such time as the Convention enters into force, it will be applied
in Poland's relations with Member States which have made the same declaration 90 days
after the date of deposit of the Republic of Poland's instrument of accession.
Portugal
13-10-1997
In accordance with Article 12(3) of the Convention, Portugal states that it will apply
the simplified procedure provided for in the Convention to cases in which a formal
extradition request provided for in paragraph 1, second indent, and paragraph 2 of
that Article has been submitted. Nevertheless, portuguese law applies as regards the
point at which the person requested must give his consent, which is at the beginning
of the judicial stage.
In accordance with Article 15 of the Convention, Portugal states that the following
authorities shall be considered competent:
a. For the purposes of Articles 4 and 10, the competent judge of the Court of Appeal
in whose district the person requested resides or is to be found at the time of the
request;
b. For the purposes of Article 14, the Minister of Justice.
Slovenia
17-04-2007
In relation to Article 7(4) of the Convention, the Republic of Slovenia declares that
the consent of the person, given in proceedings before a court, may be revoked pending
a decision by the Minister responsible for justice.
In relation to Article 9 of the Convention, the Republic of Slovenia declares that
the rules laid down in Article 14 of the European Convention on Extradition do not
apply where the person consents to extradition and expressly renounces his entitlement
to the speciality rule in accordance with Article 7 of the Convention.
In relation to Article 12(3) of the Convention, the Republic of Slovenia declares
that the decision on the application of the second indent of Article 12(1) and Article
12(2) will be taken depending on the course of the court proceedings in each specific
extradition procedure.
In accordance with Article 15 of the Convention, the Republic of Slovenia declares
that the competent authority for the purposes of Article 4, Article 5(2), Article
10 and Article 14 of the Convention is the Ministry of Justice.
In accordance with Article 15 of the Convention, the Republic of Slovenia declares
that the competent authorities of the Republic of Slovenia within the meaning of Article
6, Article 7 and Article 8 of the Convention are the competent district courts.
In relation to Article 16(3) of the Convention, the Republic of Slovenia declares
that this Convention shall apply to relations between the Republic of Slovenia and
Member States that have made the same declaration 90 days after the date of deposit
of its declaration.
Spain
22-01-1999
Re Article 9:
In accordance with Article 9, Spain declares that it will not apply Article 14 of
the European Extradition Convention in the cases referred to in Article 9.
Re Article 12:
In accordance with Article 12(3), Spain declares that it intends to make use of the
options provided for in the second indent of Article 1 and in Article 2 on its own
terms.
Re Article 15:
In accordance with Article 15, Spain declares that the "competent authority" for the
purposes of Articles 4 to 8 and 10 is the Central Examining Magistrate of the High
Court in Madrid. In accordance with Article 15, Spain declares that the "competent
authority" for the purposes of Article 14 is the Ministry of Justice.
Re Article 16:
In accordance with Article 16(3), Spain declares that, until its entry into force,
this Convention shall apply ninety days following deposit of Spain's instrument of
ratification in its relations with Member States which have made the same declaration.
Sweden
18-07-1997
Article 7:
In accordance with Article 7(4), Sweden declares that consent under Article 5(1) and
renunciation under Article 9 may be revoked until such time as the extradition decision
has been implemented."
Article 9:
In accordance with Article 9, Sweden declares that the rules laid down in Article
14 of the European Convention on Extradition do not apply where the person, in accordance
with Article 7 of the present Convention, consents to extradition and expressly renounces
his entitlement to the speciality rule.
Article 12:
In accordance with Article 12(3), Sweden declares that if consent has been given after
expiry of the deadline of ten days laid down in Article 8 the simplified procedure
under this Convention may be used: if Sweden has in the meantime received a request
for extradition within the meaning of Article 12 of the European Convention on Extradition;
and where no request for provisional arrest has been made; or where consent has been
given after receipt of a request for extradition.
Article 15:
Under Article 15, the competent authorities within the meaning of Articles 4, 5 and
10 are:
the Cabinet, the Minister of Justice or the Chief Public Prosecutor; Articles 6-8:
the said Public Prosecutor; Article 14: the Minister of Justice.
Article 16:
In accordance with Article 16(3), Sweden declares that until the Convention enters
into force the Convention shall, ninety days after the date of deposit of Sweden's
instrument of ratification, apply to Sweden's relations with Member States that have
made the same declaration.
United Kingdom
20-12-2001
Article 7:
The United Kingdom reserves the right for the consent of the arrested person to be
given before any of the competent authorities determined in accordance with Article
15."
Article 9:
The United Kingdom declares that the rules laid down in Article 14 of the European
Convention on Extradition do not apply where the person in accordance with Article
7 of this Convention consents to extradition. Article 12 The United Kingdom intends
to apply Article 12(1) and Article 12(2).
Article 14:
The provisions of Article 14 do not apply to the United Kingdom because of its reservation
to Article 21 of the European Convention on Extradition.
Article 15:
In accordance with Article 15, the United Kingdom declares that the competent authorities
for the purposes of Articles 4 to 8 and 10 are the Home Office, the Scottish Ministers,
the Scottish Executive Justice Department, the Senior District Judge (Chief Magistrate)
or another District Judge (Magistrates' Courts) and a sheriff of Lothian and Borders.
Article 16:
In accordance with Article 16(3), the United Kingdom declares that until its entry
into force, this Convention shall apply to it in its relations with Member States
which have made the same declaration 90 days after the date of deposit of the United
Kingdom's instrument of ratification.