Convention drawn up on the basis of Article K.3 of the Treaty on European Union, relating to extradition between the Member States of the European Union - Joint Declaration on the right of asylum - Declaration by Denmark, Finland and Sweden concerning Article 7 of this Convention - Declaration on the concept of 'nationals' - Declaration by Greece regarding Article 5 - Declaration by Portugal on extradition requested for an offence punishable by a life sentence or detention order - Council declaration on the follow up to the Convention
Date: 1996-09-27
Institutions: Representatives of the Governments of the Member States
Subjects: EU Member State, approximation of laws, extradition, human rights, imprisonment, public safety

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drawn up on the basis of Article K.3 of the Treaty on European Union, relating to extradition
between the Member States of the European Union

CONVENTION

THE HIGH CONTRACTING PARTIES to this Convention, Member States of the European Union,

REFERRING to the Act of the Council of the European Union of 27 September 1996,

DESIRING to improve judicial cooperation between the Member States in criminal matters, with regard
both to prosecution and to the execution of sentences,

RECOGNIZING the importance of extradition in judicial cooperation for
objectives,

the achievement of these

STRESSING that Member States have an interest in ensuring that extradition procedures operate efficiently
and rapidly in so far as their systems of government are based on democratic principles and they comply
with the obligations laid down by the Convention for the Protection of Human Rights and Fundamental
Freedoms signed in Rome on 4 November 1950 ,

EXPRESSING their confidence in the structure and operation of their judicial systems and in the ability of
all Member States to ensure a fair trial,

BEARING IN MIND that by Act of 10 March 1995 the Council drew up the Convention on simplified
extradition procedure between the Member States of the European Union ,

TAKING ACCOUNT of the interest
in concluding a Convention between the Member States of the
European Union supplementing the European Convention on Extradition of 13 December 1957 and the
other Conventions in force on the matter,

CONSIDERING that the provisions of those Conventions remain applicable for all matters not covered by
this Convention,

HAVE AGREED AS FOLLOWS :

Article 1

General provisions

1 . The purpose of this Convention is to supplement the
provisions and facilitate the application between the
Member States of the European Union:

— of the European Convention on Extradition of 13
the

December
1957 ( hereinafter
' European Convention on Extradition'),

referred to as

— the European Convention on the Suppression of
Terrorism of 27 January 1977 ( hereinafter referred to
as the ' European Convention on the Suppression of
Terrorism '),

— the Convention of 19 June 1990 applying the
Schengen Agreement of 14 June 1985 on the gradual
in
abolition of checks at

their common borders

relations between the Member States which are party
to that Convention, and

Belgium,

— the first chapter of the Treaty on Extradition and
Mutual Assistance in Criminal Matters between the
Kingdom of
of
Luxembourg and the Kingdom of the Netherlands of
27 June 1962, as amended by the Protocol of 11 May
1974 ( hereinafter referred to as the 'Benelux Treaty')
in relations between the Member States of
the
Benelux Economic Union.

the Grand-Duchy

in

bilateral

provisions

2 . Paragraph 1 shall not affect the application of more
favourable
or multilateral
agreements between Member States, nor, as provided for
the European Convention on
in Article 28 ( 3 ) of
Extradition,
affect extradition arrangements
laws
agreed on the basis of uniform or
providing for the execution in the territory of a Member
State of warrants of arrest
issued in the territory of
another Member State .

reciprocal

shall

it

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Article 2

Extraditable offences

1 . Extradition shall be granted in respect of offences
which are punishable under the law of the requesting
Member State by deprivation of liberty or a detention
order for a maximum period of at least 12 months and
the requested Member State by
under
deprivation of
a
a detention order
maximum period of at least six months .

the law of

liberty or

for

2 . Extradition may not be refused on the grounds that
the law of the requested Member State does not provide
for the same type of detention order as the law of the
requesting Member State.

2

( 2 ) of

3 . Article
the European Convention on
Extradition and Article 2 (2 ) of the Benelux Treaty shall
also apply where certain offences are punishable by
pecuniary penalties .

Article 3

Conspiracy and association to commit offences

1 . Where the offence for which extradition is requested
is classified by the law of the requesting Member State as
a conspiracy or an association to commit offences and is
punishable by a maximum term of deprivation of liberty
or a detention order of at least 12 months, extradition
shall not be refused on the ground that the law of the
requested Member State does not provide for the same
facts to be an offence, provided the conspiracy or the
association is to commit:

( a ) one or more of the offences referred to in Articles 1
the

the European Convention

on

2

and
Suppression of Terrorism;

of

conviction of the person whose extradition is requested
as well as in the statement of the offences envisaged in
the European Convention on
Article 12 ( 2 )
Extradition or
the Benelux
( b ) of
Treaty.

( b ) of
in Article 11

( 2 )

3 . When giving the notification referred to in Article 18
(2 ), any Member State may declare that it reserves the
to apply paragraph 1 or to apply it under
right not
certain specified conditions .

4 . Any Member State which has entered a reservation
under paragraph 3 shall make extraditable under the
terms of Article 2 ( 1 ) the behaviour of any person which
contributes to the commission by a group of persons
acting with a common purpose of one or more offences
in the field of terrorism as in Articles 1 and 2 of the
European Convention on the Suppression of Terrorism,
drug trafficking and other forms of organized crime or
other acts of violence against the life, physical integrity or
liberty of a person, or creating a collective danger for
a
persons, punishable by deprivation of
detention order of a maximum of at least 12 months,
even where that person does not take part in the actual
execution of the offence or offences concerned ; such
and made having
contribution shall
knowledge either of the purpose and the general criminal
activity of the group or of the intention of the group to
commit the offence or offences concerned .

intentional

liberty or

be

Article 4

Order for deprivation of liberty in a place other than a
penitentiary institution

to Article

the request

Extradition for the purpose of prosecution shall not be
is supported ,
refused on the ground that
the European
pursuant
Convention on Extradition or Article 11 (2 )
( a ) of the
Benelux Treaty, by an order of the judicial authorities of
the requesting Member State to deprive the person of his
liberty in a place other than a penitentiary institution .

( 2 )

( a )

12

of

or

( b) any other offence punishable by deprivation of liberty
or a detention order of a maximum of at least 12
months in the field of drug trafficking and other
forms of organized crime or other acts of violence
against
liberty of a
person, or creating a collective danger for persons.

the life, physical

integrity or

of

the

purpose

determining whether

2 . For
the
conspiracy or the association is to commit one of the
offences indicated under paragraph 1 ( a ) or ( b ) of this
Article,
take into
consideration the information contained in the warrant
of arrest or order having the same legal effect or in the

the requested Member State shall

Article 5

Political offences

1 . For the purposes of applying this Convention, no
offence may be regarded by the requested Member State
as a political offence, as an offence connected with a
political offence or an offence inspired by political
motives .

2. Each Member State may, when giving the notification
referred to in Article 18 ( 2 ), declare that it will apply
paragraph 1 only in relation to:

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23 . 10 . 96

( a ) the offences referred to in Articles 1 and 2 of the
of

Suppression

the

on

European Convention
Terrorism;

and

( b) offences of conspiracy or

association — which
correspond to the description of behaviour referred to
in Article 3 (4 ) — to commit one or more of the
the
offences
European Convention
of
Terrorism .

referred to in Articles
the

1 and 2 of
Suppression

on

3 . The provisions of Article 3 (2 ) of the European
the
Convention on Extradition and of Article 5 of
European Convention on the Suppression of Terrorism
remain unaffected .

to Article 13 of the
4 . Reservations made pursuant
European Convention on the Suppression of Terrorism
shall not apply to extradition between Member States .

Article 6

Fiscal offences

1 . With regard to taxes, duties, customs and exchange,
extradition shall also be granted under the terms of this
Convention,
the European Convention on Extradition
and the Benelux Treaty in respect of offences which
correspond under the law of the requested Member State
to a similar offence .

2. Extradition may not be refused on the ground that
the law of the requested Member State does not impose
the same type of taxes or duties or does not have the
same type of provisions in connection with taxes, duties,
customs and exchange as
the requesting
Member State .

the law of

3 . When giving the notification referred to in Article 18
it will grant
( 2 ), any Member State may declare that
extradition in connection with a fiscal offence only for
acts or omissions which may constitute an offence in
connection with excise, value-added tax or customs .

Article 7

Extradition of nationals

such reservations may be renewed for successive periods
of the same duration .

the
Twelve months before
reservation, the depositary shall give notice of that expiry
to the Member State concerned .

the date of expiry of

No later than three months before the expiry of each
five-year period,
the Member State shall notify the
depositary either that it is upholding its reservation, that
it is amending it to ease the conditions for extradition or
that it is withdrawing it.

In the absence of the notification referred to in the
preceding subparagraph, the depositary shall inform the
Member State concerned that its reservation is considered
to have been extended automatically for a period of six
months, before the expiry of which the Member State
must give notification. On expiry of that period, failure
to notify shall cause the reservation to lapse .

Article 8

Lapse of time

1 . Extradition may not be refused on the ground that
the prosecution or punishment of the person would be
statute-barred according to the law of the requested
Member State .

applying paragraph 1 where

2 . The requested Member State shall have the option of
not
for
extradition is based on offences for which that Member
State has jurisdiction under its own criminal law.

request

the

Article 9

Amnesty

Extradition shall not be granted in respect of an offence
covered by amnesty in the requested Member State where
that State was competent to prosecute the offence under
its own criminal law.

1 . Extradition may not be refused on the ground that
the person claimed is a national of the requested Member
State within the meaning of Article 6 of the European
Convention on Extradition.

Article 10

Offences other than those upon which the request for
extradition is based

2 . When giving the notification referred to in Article 18
(2 ), any Member State may declare that it will not grant
extradition of its nationals or will authorize it only under
certain specified conditions.

3 . Reservations referred to in paragraph 2 shall be valid
for five years from the first day of application of this
Convention by the Member State concerned . However,

1 . A person who has been extradited may, in respect of
offences committed before his surrender other than those
upon which the request
for extradition was based,
without it being necessary to obtain the consent of the
requested Member State:

( a ) be prosecuted or tried where the offences are not

punishable by deprivation of liberty;

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Official Journal of the European Communities

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( b ) be prosecuted or

tried in so far as the criminal
proceedings do not give rise to the application of a
measure restricting his personal liberty;

Article 12

Re-extradition to another Member State

(c ) be subjected to a penalty or a measure not involving
the deprivation of
financial
liberty,
penalty, or a measure in lieu thereof, even if it may
restrict his personal liberty;

including a

( d ) be prosecuted,

tried, detained with a view to the
execution of a sentence or of a detention order or
subjected to any other
restriction of his personal
liberty if after his surrender he has expressly waived
the benefit of the rule of speciality with regard to
specific offences preceding his surrender.

2 . Waiver on the part of
the person extradited as
referred to in paragraph 1 ( d ) shall be given before the
competent judicial authorities of the requesting Member
State and shall be recorded in accordance with that
Member State's national law.

shall
adopt
the waiver

the measures
3 . Each Member State
referred to in
necessary to ensure that
is established in such a way as to show
paragraph 1 ( d )
that
the person has given it voluntarily and in full
awareness of the consequences. To that end, the person
extradited shall have the right to legal counsel .

4 . When the requested Member State has made a
( b )
declaration pursuant to Article 6 ( 3 ), paragraph 1 (a ),
and (c ) of this Article shall not apply to fiscal offences
except those referred to in Article 6 ( 3 ).

Article 11

Presumption of consent of the requested Member State

Each Member State, when giving the notification referred
to in Article 18 (2 ) or at any time, may declare that, in its
relations with other Member States that have made the
same declaration, consent for the purposes of Article 14
( a) of the European Convention on Extradition and
( 1 )
( a ) of the Benelux Treaty is presumed to
Article 13 ( 1 )
have been given, unless
indicates otherwise when
granting extradition in a particular case.

it

of

15

1 . Article
on
Extradition and Article 14 ( 1 ) of the Benelux Treaty shall
not
re-extradition from one
for
apply to requests
Member State to another .

the European Convention

2 . When giving the notification referred to in Article 18
(2 ), a Member State may declare that Article 15 of the
European Convention on Extradition and Article 14 ( 1 )
of the Benelux Treaty shall continue to apply except
where Article
the Convention on simplified
extradition procedure between the Member States of the
European Union (') provides otherwise or where the
person concerned consents to be re-extradited to another
Member State .

13 of

Article 13

Central authority and transmission of documents by
facsimile

1 . Each Member State shall designate a central authority
or, where its constitutional system so requires, central
transmitting and receiving
authorities responsible for
supporting
the
and
extradition
documents, as well as any other official correspondence
relating to extradition requests, unless otherwise provided
for in this Convention .

necessary

requests

2 . When giving the notification referred to in Article 18
(2 ) each Member State shall
indicate the authority or
authorities which it has designated pursuant to paragraph
inform the depositary of any
1 of this Article . It shall
change concerning the designation.

3 . The extradition request and the documents referred
to in paragraph 1 may be sent by facsimile transmission.
Each central authority shall be equipped with a facsimile
machine for transmitting and receiving such documents
and shall ensure that it is kept in proper working order.

4 .
In order to ensure the authenticity and confidentiality
of the transmission, a cryptographic device fitted to the
facsimile machine possessed by the central authority shall
is being used to
be in operation when the equipment
apply this Article .

Where in a particular case
the Member State has
indicated that its consent should not be deemed to have
been given, Article 10 ( 1 ) still applies .

Member States shall consult each other on the practical
arrangements for applying this Article.

H OJ No C 78 , 30 . 3 . 1995 , p. 1 .

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Official Journal of the European Communities

23 . 10 . 96

the

the

central

authority of

In order to guarantee the authenticity of extradition
5 .
documents,
requesting
Member State shall state in its request that it certifies that
the documents transmitted in support of that request
the
correspond to the originals
pagination. Where the requested Member State disputes
that the documents correspond to the originals , its central
authority shall be entitled to require the central authority
of the requesting Member State to produce the original
documents or a true copy thereof within a reasonable
period through either diplomatic channels or any other
mutually agreed channel .

and shall describe

Article 14

Supplementary information

When giving the notification referred to in Article 18 ( 2 ),
or at any other time, any Member State may declare that,
in its relations with other Member States which have
made the same declaration,
the judicial authorities or
other competent authorities of those Member States may,
where appropriate, make requests directly to its judicial
authorities or other competent authorities responsible for
criminal
person whose
against
extradition is requested for supplementary information in
accordance with Article 13 of the European Convention
on Extradition or Article 12 of the Benelux Treaty.

proceedings

the

In making such a declaration, a Member State shall
competent
authorities
specify
authorities authorized to communicate and receive such
supplementary information .

or other

judicial

its

( a ) any request

for

contain sufficient
transit must
information to enable the Member State of transit to
assess the request and to take the constraint measures
needed for execution of
the
extradited person .

the transit vis-a-vis

To that end ,
sufficient:

the following information shall be

— the identity of the person extradited,

— the existence of an arrest warrant or other
document having the same legal effect or of an
enforceable judgment,

— the nature
offence,

and the

legal description of

the

— a description of the circumstances in which the
including the date and

offence was committed,
place;

( b ) the request for transit and the information provided
for in point ( a ) may be sent to the Member State of
transit by any means leaving a written record . The
Member State of
shall make its decision
known by the same method;

transit

(c )

if an unscheduled landing occurs,

in the case of transport by air without a scheduled
stopover,
the
requesting Member State shall provide the transit
Member State
information
concerned with
provided for in point ( a );

the

(d ) subject

to the provisions of

in
the provisions of
particular Articles 3 , 5 and 7,
Article 21 ( 1 ),
( 5 ) and ( 6 ) of the European
Convention on Extradition and Article 21 ( 1 ) of the
Benelux Treaty shall continue to apply.

this Convention,

(2 ),

Article 15

Authentication

Any document or any copy of documents transmitted for
the purposes of extradition shall be exempted from
authentication or any other formality unless expressly
required by the provisions of
the
the Benelux
European Convention on Extradition or
Treaty. In the latter case, copies of documents shall be
considered to be authenticated when they have been
certified true copies by the judicial authorities that issued
the original or by the central authority referred to in
Article 13 .

this Convention,

Article 16

Transit

In the case of transit, under the conditions laid down in
Article 21 of the European Convention on Extradition
and Article 21 of
through the
territory of one Member State to another Member State,
the following provisions shall apply:

the Benelux Treaty,

Article 17

Reservations

this
No reservations may be entered in respect of
Convention other than those for which it makes express
provision.

Article 18

Entry into force

1 . This Convention shall be subject to adoption by the
Member States
respective
constitutional requirements .

in accordance with their

2. Member States shall notify the Secretary-General of
the Council of the European Union of the completion of

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the constitutional procedures for the adoption of this
Convention .

2 . The text of this Convention in the language of the
acceding State, drawn up by the Council of the European
Union, shall be authentic.

3 . This Convention shall enter into force 90 days after
the notification referred to in paragraph 2 by the State,
Member of the European Union at the time of adoption
by the Council of the Act drawing up this Convention,
which is last to complete that formality.

4 . Until this Convention enters into force, any Member
State may, when giving the notification referred to in
paragraph 2, or at any other time, declare that as far as it
is concerned this Convention shall apply to its relations
with Member States that have made the same declaration .
Such declarations shall take effect 90 days after the date
of deposit thereof.

3 . The instruments of accession shall be deposited with
the depositary .

4 . This Convention shall enter into force with respect to
any State that accedes to it 90 days after the deposit of
its instrument of accession or on the date of entry into
force of this Convention if it has not already entered into
force at the time of expiry of the said period 90 days .

5 . Where this Convention is not yet in force at the time
of the deposit of their instrument of accession, Article 18
(4 ) shall apply to acceding Member States .

5 . This Convention
requests
submitted after the date on which it enters into force or
is applied as between the requested Member State and
the requesting Member State .

apply only

shall

to

Article 19

Accession of new Member States

1 . This Convention shall be open to accession by any
State that becomes a member of the European Union.

Article 20

Depositary

1 . The Secretary- General of the Council of the European
Union shall act as depositary of this Convention.

2. The depositary shall publish in the Official Journal of
the European Communities information on the progress
of
and
reservations, and also any other notification concerning
this Convention .

declarations

accessions,

adoptions

and

In witness whereof, the undersigned Plenipotentiaries have hereunto set their hands .

Done in a single original, in the Danish, Dutch, English, Finnish, French, German, Greek, Irish,
Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic, such
original remaining 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 of the Member
States .

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Pour le gouvernement du Royaume de Belgique
Voor de Regering van het Koninkrijk België
Fiir die Regierung des Königreichs Belgien

For regeringen for Kongeriget Danmark

Für die Regierung der Bundesrepublik Deutschland

Για την Κυβέρνηση χης Ελληνικής Δημοκρατίας

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Por el Gobierno del Reino de Espana

Pour le gouvernement de la République française

Thar ceann Rialtas na hEireann
For the Government of Ireland

Per il Governo della Repubblica italiana

Pour le gouvernement du Grand-Duché de Luxembourg

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23 . 10 . 96

Voor de Regering van het Koninkrijk der Nederlanden

Für die Regierung der Republik Österreich

Pelo Governo da Republica Portuguesa

Suomen hallituksen puolesta
På finska regeringens vagnar

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På svenska regeringens vågnar

For the Government of the United Kingdom of Great Britain and Northern Ireland

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23 . 10 . 96

ANNEX

Joint Declaration on the right of asylum

The Member States declare that this Convention is without prejudice either to the right of asylum to the
extent to which it is recognized by their respective constitutions or to the application by the Member States
of the provisions of the Convention relating to the Status of Refugees of 28 July 1951 , as supplemented by
the Convention relating to the Status of Stateless Persons of 28 September 1954 and by the Protocol relating
to the Status of Refugees of 31 January 1967.

Declaration by Denmark, Finland and Sweden concerning Article 7 of this Convention

Denmark, Finland and Sweden confirm that — as indicated during their negotiations on accession to the
in relation to other Member States which ensure equal
Schengen agreements — they will not
treatment, their declarations under Article 6 ( 1 ) of the European Convention on Extradition as a ground for
refusal of extradition of residents from non-Nordic States .

invoke,

Declaration on the concept of ' nationals '

The Council takes note of the Member States ' undertaking to apply the Council of Europe Convention of
21 March 1983 on the Transfer of Sentenced Persons in respect of the nationals of each Member State
within the meaning of Article 3 ( 4 ) of the said Convention .

The Member States' undertaking mentioned in the first paragraph is without prejudice to the application of
Article 7 ( 2 ) of this Convention .

Declaration by Greece re Article 5

Greece interprets Article 5 from the standpoint of paragraph 3 thereof. This interpretation ensures
compliance with the conditions of the Greek constitution, which :

— expressly prohibits extradition of a foreigner pursued for activities in defence of freedom,

and

— distinguishes between political and so-called mixed offences, for which the rules are not the same as for

political offences .

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Declaration by Portugal on extradition requested for an offence punishable by a life sentence or detention
order

Having entered a reservation in respect of the European Convention on Extradition of 1957 to the effect
that it will not grant extradition of persons wanted for an offence punishable by a life sentence or detention
order, Portugal states that where extradition is sought for an offence punishable by a life sentence or
detention order, it will grant extradition, in compliance with the relevant provisions of the Constitution of
the Portuguese Republic, as interpreted by its Constitutional Court, only if it regards as sufficient
the
assurances given by the requesting Member State that it will encourage ,
in accordance with its law and
practice regarding the carrying out of sentences, the application of any measures of clemency to which the
person whose extradition is requested might be entitled.

Portugal reaffirms the validity of undertakings entered into in existing international agreements to which it
is party, in particular in Article 5 of the Convention on Portuguese accession to the Convention Applying
the Schengen Agreement.

Council declaration on the follow up to the Convention

The Council declares :

(a ) that it considers that there should be a periodic review, on the basis of information supplied by the

Member States, of:

— the implementation of this Convention,

— the functioning of this Convention after its entry into force,

— the possibility for Member States to amend the reservations entered in the framework of this
Convention with a view to easing the conditions for extradition or withdrawing its reservations,

— the general functioning of extradition procedures between the Member States;

( b ) that it will consider, one year after entry into force of this Convention, whether jurisdiction should be

given to the Court of Justice of the European Communities .