Initiative of the Kingdom of Sweden with a view to the adoption of a Council Decision determining which provisions of the 1995 Convention on simplified extradition procedure between the Member States of the European Union and of the 1996 Convention relating to extradition between the Member States of the European Union constitute developments of the Schengen acquis in accordance with the Agreement concerning the Republic of Iceland's and the Kingdom of Norway's association with the implementation, application and development of the Schengen acquis
Date: 2001-07-11
Institutions: Sweden
Subjects: Iceland, Norway, Schengen Agreement, Sweden, association agreement (EU), extradition

11.7.2001

EN

Official Journal of the European Communities

C 195/13

II

(Preparatory Acts pursuant to Title VI of the Treaty on European Union)

Initiative of the Kingdom of Sweden with a view to the adoption of a Council Decision deter-
mining which provisions of the 1995 Convention on simplified extradition procedure between the
Member States of the European Union and of the 1996 Convention relating to extradition
between the Member States of the European Union constitute developments of the Schengen
acquis in accordance with the Agreement concerning the Republic of Iceland’s and the Kingdom of
Norway’s association with the implementation, application and development of the Schengen
acquis

(2001/C 195/09)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 31(b) and Article 34(2)(c) thereof,

Having regard to the initiative of the Kingdom of Sweden,

Having regard to the opinion of the European Parliament,

Whereas:

(1) For

the purposes of achieving the objectives of
the
European Union, the Council drew up the Convention on
simplified extradition procedure between the Member
States of the European Union (1) (hereinafter (cid:145)the Simplified
Extradition Convention(cid:146)) and the Convention relating to
extradition between the Member States of the European
Union (2)
(hereinafter (cid:145)the Extradition Convention(cid:146)). The
the Member States adopt
Council
recommended that
those conventions
respective
constitutional rules.

in accordance with their

(2) In order to ensure a clear and unambiguous legal situation
it
is necessary to clarify the relationship between the
provisions of the above conventions and those of Chapter
4 of Title III of
the Convention of 19 June 1990
implementing the Schengen Agreement of 14 June 1985
on the gradual abolition of checks at
the common
borders (3) (hereinafter (cid:145)the Schengen Convention(cid:146)), which
were incorporated into the framework of
the European
Union when the Treaty of Amsterdam entered into force
on 1 May 1999.

(3) It is also necessary to associate the Republic of Iceland and
the Kingdom of Norway with the application of
the
provisions of the Simplified Extradition Convention and
some provisions of
the Extradition Convention which
constitute a development of the Schengen acquis and fall
within the scope of Article 1 of Council Decision
1999/437/EC of 17 May 1999 on certain arrangements
for the application of the Agreement concluded by the
Council of
the European Union and the Republic of
Iceland and the Kingdom of Norway concerning the

association of those two States with the implementation,
application and development of the Schengen acquis (4).

(4) The procedures set out in the Agreement concluded by the
Council of
the European Union with the Republic of
Iceland and the Kingdom of Norway concerning the
latters’ association with the implementation, application
and development of the Schengen acquis (hereinafter the
(cid:145)Association Agreement(cid:146) (5) have been observed in respect
of this Decision.

(5) When the Republic of Iceland and the Kingdom of Norway
are notified of the adoption of this Decision in accordance
with Article 8(2)(a) of the Association Agreement, those
two States will be requested, when informing the Council
and the Commission of the fulfilment of their constitu-
tional requirements, to make the relevant declarations and
give the relevant notifications under Article 7(4), Article 9,
Article 12(3) and Article 15 of the Simplified Extradition
Convention and Article 6(3) and Article 13(2) of
the
Extradition Convention,

HAS DECIDED AS FOLLOWS:

Article 1

The provisions of
the Simplified Extradition Convention
constitute a development of the provisions of the Schengen
acquis, and in particular of Article 66 of
the Schengen
Convention.

Article 2

Articles 2, 6, 8, 9 and 13 of the Extradition Convention and
Article 1 thereof, to the extent that that Article is pertinent to
those other Articles, constitute a development of the provisions
of the Schengen acquis, and in particular of Article 61, Article
62(1) and (2), and Article 63 and 65 of
the Schengen
Convention.

Article 3

the Association
1. Without prejudice to Article 8 of
Agreement,
the Simplified Extradition
the provisions of
Convention shall enter into force for Iceland and Norway on
that Convention enters into force in
the same date that
that date is
accordance with Article 16(2)
before [1 July 2002], on the latter date.

thereof, or,

if

(1) Council Act of 10 March 1995 (OJ C 78, 30.3.1995, p. 1).
(2) Council Act of 27 September 1996 (OJ C 313, 23.10.1996, p. 11).
(3) OJ L 239, 22.9.2000, p. 19.

(4) OJ L 176, 10.7.1999, p. 31.
(5) OJ L 176, 10.7.1999, p. 36.

C 195/14

EN

Official Journal of the European Communities

11.7.2001

Before the Simplified Extradition Convention enters into
2.
force for Iceland or Norway, Iceland and Norway may, when
notifying the fulfilment of their constitutional requirements in
accordance with Article 8(2) of the Association Agreement,
those provisions shall apply to their relations
declare that
with States which have made the same declaration. Such
declarations shall
the date of
deposit thereof.

[90] days after

take effect

the Association
3. Without prejudice to Article 8 of
Agreement, Articles 2, 6, 8, 9 and 13 of
the Extradition
Convention shall enter into force for Iceland and Norway on
the date that that convention enters into force in accordance
with Article 18(3) thereof, or,
if that date is before [1 July
2002], on the latter date.

Before the provisions of

4.
the Extradition Convention
referred to in paragraph 3 enter into force for Iceland or
Iceland and Norway may, when notifying the
Norway,
fulfilment of their constitutional requirements in accordance
with Article 8(2) of the Association Agreement, declare that
those provisions shall apply to their relations with States that
have made the same declaration. Such declarations shall take
effect [90] days after the date of deposit thereof.

Article 4

On the

the Simplified Extradition
that
1.
Convention enters into force in accordance with Article 16(2)

same date

thereof, Article 66 of the Schengen Convention shall cease to
have effect. Nevertheless, that provision shall continue to apply
to extradition requests submitted before that date, unless the
Member States concerned are already applying the Simplified
to
Extradition Convention between themselves pursuant
declarations made in accordance with Article 16(3) thereof.

2.
On the same date that the Extradition Convention enters
into force in accordance with Article 18(3) thereof, Article 61,
Article 62(1) and (2) and Articles 63 and 65 of the Schengen
Convention shall cease to have effect. Nevertheless,
those
provisions shall continue to apply to extradition requests
submitted before
the Member States
concerned are already applying the Extradition Convention
between themselves pursuant
in
accordance with Article 18(4) thereof.

to declarations made

that date, unless

Article 5

This Decision shall take effect on the day following that of its
publication in the Official Journal of the European Communities.

Done at . . .

For the Council

The President

. . .