Proposal for a Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States (COM(2001) 522 final — 2001/0215(CNS))
Date: 2001-11-27
Institutions: European Commission
Subjects: extradition, international criminal law, judicial cooperation, judicial proceedings, legal process, mutual recognition principle

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Official Journal of the European Communities

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Proposal for a Council Framework Decision on the European arrest warrant and the surrender
procedures between the Member States

(2001/C 332 E/18)

COM(2001) 522 final (cid:151) 2001/0215(CNS)

(Submitted by the Commission on 19 September 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 29, Article 31(a) and (b) and Article
34 (2)(b) thereof,

Having regard to the proposal of the Commission,

Having regard to the Opinion of the European Parliament,

Whereas:

(4) In order to remove the complexity and potential for delay
inherent in the present arrangements on extradition, it is
necessary to introduce a new simplified scheme with
respect to surrender of persons for the purpose of pros-
ecution and execution of sentences. It would replace the
traditional extradition schemes which are no longer
adapted to the requirements of a Common Area of
Freedom, Security and Justice where the importance of
national borders is diminishing.

(5) The European arrest warrant provided for

in this
Framework Decision aims
to replace the traditional
extradition arrangements and must have the same scope
of application as the multilateral system of extradition
built upon the European Convention on Extradition of
13 December 1957.

(1) The achievement of a Common Area of Freedom, Security
and Justice is based on mutual trust in the criminal justice
systems of the Member States. Those systems are founded
on the principles of liberty, democracy and the rule of
law and they respect fundamental rights as guaranteed by
the European Convention for the Protection of Human
Rights and Fundamental Freedoms of 4 November 1950
and by the Charter of fundamental rights of the European
Union.

(2) All or some Member States are parties to a number of
conventions in this field. They include the European
Convention on Extradition of 13 December 1957 and
the
Suppression of
Terrorism of 27 January 1977. The Nordic States have
extradition laws with identical wording.

European Convention on the

(3) In addition,

the following three Conventions dealing
wholly or in part with extradition have been agreed
the
upon among Member States, and form part of
Union acquis:
the Convention of 19 June 1990
implementing the Schengen Agreement of 14 June 1985
on the gradual abolition of checks at
their common
borders in relations between the Member States which
are parties to that Convention (1), the Convention of 10
March 1995 on simplified extradition procedure between
the Member States of the European Union (2), and the
Convention of 27 September 1996 relating to Extradition
between the Member States of the European Union (3).

(1) OJ L 239, 22.9.2000, p. 19.
(2) OJ C 78, 30.3.1995, p. 1.
(3) OJ C 313, 23.10.1996, p. 11.

(6) Since

this objective

sufficiently achieved
cannot be
unilaterally by the Member States and can therefore, by
reason of reciprocity, be better achieved at the level of the
Union, the Council of the Union may adopt measures, in
accordance with the principle of subsidiarity as referred to
in Article 2 of the EU Treaty and as set out in Article 5 of
the EC Treaty. In accordance with the principle of propor-
tionality, as set out in the latter Article, this Framework
Decision does not go beyond what is necessary in order to
achieve those objectives.

(7) The European arrest warrant is based on the principle of
mutual recognition:
if a judicial authority of a Member
State requests a person for the purposes of prosecution
for an offence which is punishable by deprivation of
liberty for a period of at least twelve months or for the
execution of a criminal judgement involving deprivation
of liberty of at least four months, the authorities of other
Member States should comply with that request.

(8) The decision on the execution of

warrant must be subject
means that a judicial authority of
where the person has been arrested will
decision on whether to execute the warrant.

the European arrest
to sufficient controls, which
the Member State
take the

(9) The role of central authorities in the execution of a
European arrest warrant must be limited to practical
and administrative assistance, and to situations where
the
the
central authority is better placed to take
decision than a judicial authority.

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(10) There is a need for a common format of the European
arrest warrant in order to enable the executing judicial
authority to decide whether
to execute the warrant
without need for any supplementary documents.

(11) In order to ensure the effectiveness of the procedure, and
on condition that the execution of the warrant does not
lead to a violation of fundamental rights, the possibility to
the European arrest warrant
refuse the execution of
should be limited to clearly identified circumstances.

(12) Since the European arrest warrant is based on the idea of
citizenship of the Union as provided in Articles 17 to 22
of the EC Treaty, the exception provided for a country’s
nationals, which existed under
traditional extradition
arrangements, should not apply within the Common
Area of Freedom, Security and Justice. A citizen of the
Union should face being prosecuted and sentenced
wherever he or she has committed an offence within
the territory of the European Union, irrespective of his
or her nationality.

(13) Due consideration should however be given to the possi-
bility of reintegration of a person who serves a prison
sentence.
It should therefore be possible for a prison
sentence to be served in the Member State in which the
person has the best chances of reintegration.

(14) A consequence of

the double

recognition is

the application of

the principle of
mutual
criminality
that
condition must be abolished as well as the rule of
speciality. However, where the execution of a warrant
for certain conduct would run counter to the fundamental
principles of the legal system of a Member State, it must
have a possibility to opt out for those offences. This can
be done by giving each Member State the possibility of
establishing a (cid:145)negative(cid:146)
list of offences for which the
execution of
the European arrest warrant would be
excluded.

(15) The execution of a European arrest warrant could be
restricted in cases where a Member State exercises extra-
territorial
activities which are not
for
considered as offences in the executing Member State.

competence

(16) The mechanism of the European arrest warrant is based
on a high level of confidence between Member States.
Implementation of
that mechanism may be suspended
only in the event of a severe breach by one Member
State of
the Treaty on
European Union which could lead to the application of
Article 7 of that treaty.

the principle of Article 6 of

(17) The European arrest warrant should replace between
the former instruments concerning
including the provisions of the Convention

Member States all
extradition,

implementing
extradition (1).

the

Schengen Agreement

concerning

(18) All Member States have ratified the Council of Europe
Convention of 28 January 1981 for the protection of
individuals with regards
to automatic processing of
personal data. The personal data processed in the
context of
Framework
implementation of
Decision will be protected in accordance with the prin-
ciples of the said Convention.

this

the

(19) As regards the Republic of Iceland and the Kingdom of
Norway,
this Framework Decision represents a devel-
opment of the Schengen acquis within the meaning of
the Agreement concluded on 17 May 1999 by the
Council of the European Union and those two States (2).

(20) This Framework Decision must respect the fundamental
rights and observe the principles recognised in particular
by the Charter of Fundamental Rights of the European
Union, and notably Chapter VI thereof,

HAS ADOPTED THIS FRAMEWORK DECISION:

CHAPTER I

GENERAL PRINCIPLES

Article 1

Subject-matter

The purpose of this Framework Decision is to establish the
rules under which a Member State shall execute in its
territory a European arrest warrant
issued by a judicial
authority in another Member State.

Article 2

Scope

A European arrest warrant may be issued for:

(a)

final judgements in criminal proceedings, and judgements
in absentia, which involve deprivation of
liberty or a
detention order of at
four months in the issuing
Member State;

least

(b) other enforceable judicial decisions in criminal proceedings
which involve deprivation of
liberty and relate to an
offence, which is punishable by deprivation of liberty or
a detention order for a maximum period of at least twelve
months in the issuing Member State.

(1) Articles 59-66, 94(4) and 95 of the Convention implementing the
Schengen Agreement of 14 June 1985 (OJ L 239, 22.9.2000).

(2) OJ L 176, 10.7.1999, p. 31.

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Article 3

Definitions

For the purposes of this Framework Decision, the following
definitions shall apply:

(a)

(cid:145)European arrest warrant(cid:146) means a request,
issued by a
judicial authority of a Member State, and adressed to any
other Member State, for assistance in searching, arresting,
detaining and obtaining the surrender of a person, who has
been subject
to a judgement or a judicial decision, as
provided for in Article 2;

(b) (cid:145)issuing judicial authority(cid:146) means the judge or the public
prosecutor of a Member State, who has issued a European
arrest warrant;

(c)

(cid:145)executing judicial authority(cid:146) means the judge or the public
prosecutor of a Member State in whose territory the
requested person sojourns, who decides upon the
execution of a European arrest warrant;

(d) (cid:145)judgement in absentia(cid:146) means any judgement rendered by a
court after criminal proceedings at the hearing of which
the sentenced person was not personally present. It shall
not include a judgement given in proceedings in which it is
clearly established that the person was effectively served
with a summons, in time to enable him or her to appear
and to prepare his or her defence, but he or
she
deliberately decided not
represented,
unless it is established that his or her absence and the
fact that he or she could not inform the judge thereof
were due to reasons beyond his or her control;

to be present or

The central authority shall assist the competent judicial
2.
authority.
the central authority shall provide
translation, administrative and practical facilities, and general
information.

In particular,

3.
Each Member State may decide that its central authority
shall be responsible for the practical transmission and reception
of the European arrest warrant as well as for other official
correspondence relating to it.

Each Member State may indicate that its central authority

4.
may decide on matters covered by Articles 31, 37 and 38.

The Member State shall ensure that the requested person is
given the opportunity to express his or her views on the
question which will be decided by the central authority.

The executing judicial authority shall decide on the execution
of the European arrest warrant on the basis of the central
authority’s decision.

Article 6

Content of the European arrest warrant

The European arrest warrant shall contain information set out
in accordance with the form in the Annex regarding:

(a)

the identity of the requested person,

(e)

(cid:145)detention order(cid:146) means any order involving deprivation of
liberty which has been made in criminal proceedings in
addition to or instead of a prison sentence;

(b) the issuing judicial authority,

(f)

(cid:145)requested person(cid:146) means a person in respect of whom a
European arrest warrant is issued.

(c) whether there is a final judgement or any other enforceable

judicial decision, within the scope of Article 2,

Article 4

Competent judicial authorities

Each Member State shall designate according to its national law
the judicial authorities that are competent to

(d) whether

the European arrest warrant

from a
judgement in absentia, and if so, a statement as to the
right
to lodge an opposition and on the applicable
procedure in conformity with the second subparagraph of
Article 35(1),

results

(a)

issue a European arrest warrant

(e)

the nature and legal classification of the offence,

(b) take decisions under Section 4 of Chapter II without

prejudice to Article 5(4).

(f) a description of the circumstances in which the offence was
committed, including the time, place and degree of partici-
pation in the offence by the requested person,

Article 5

Central authority

(g) the penalty,

if
prescribed scale of penalty,

there is a final

judgement, or else,

the

1.
Each Member State shall designate a central authority, or
when its constitutional system so requires, more than one
central authority for the purposes of this Framework Decision.

(h) if possible, other consequences of the offence,

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(i) whether the requested person has already been arrested for
the same offence, and let
free, or released after some
pre-trial detention under condition of return, or whether
the person has escaped from prison.

it may
release has been granted according to Article 14,
subsequently add a flag in the SIS to the effect
the
execution of the European arrest warrant will not take place
in its territory. Prior consultations must be held in this
connection with the other Member States.

that

CHAPTER II

PROCEDURE

S e c t i o n 1

General

Article 7

Communication between authorities

1.
If the whereabouts of the requested person are known,
the issuing judicial authority shall communicate the European
arrest warrant directly to the executing judicial authority.

2.
the
Paragraph 1 shall not prejudice the possibility of
communication of the European arrest warrant or information
concerning it and its execution

(a)

from a central authority of a Member State to a central
authority of another Member State;

(b) from a judicial authority of a Member State to a central

authority of another Member State; or

(c)

from a central authority of a Member State to a judicial
authority of another Member State.

2.
If the arrest cannot take place because of the application
of paragraph 1, the alert must be regarded as being an alert for
the
the purpose of communicating the whereabouts of
requested person.

S e c t i o n 3

Arrest and detention

Article 10

Coercive measures

State may

An executing Member
and
proportionate coercive measures against a requested person
law,
according to the conditions laid down by its national
including the provisions on judicial review that are applicable
when a person is arrested with a view to extradition.

take necessary

Article 11

Rights of a requested person

1. When a requested person is arrested on the territory of
another Member State, the competent authority of the latter
State shall,
inform that
person of the warrant and of its content, and of the possibility
of consenting to surrender to the issuing judicial authority.

in accordance with its national

law,

S e c t i o n 2

Use of the Schengen Information System

2.
From the moment a requested person is arrested for the
purpose of the execution of a European arrest warrant, that
person shall have a right to be assisted by a legal counsel, and,
if necessary by an interpreter.

Article 8

Alert

If the whereabouts of the requested person are not known, the
issuing judicial authority may request that an alert is entered in
the Schengen Information System (SIS)
for the purpose of
arrest of that person for surrender.

The alert and the information referred to in Article 6 shall be
issued via the national authority that has central responsibility
for it. Both the alert and that information shall be sent by the
quickest secure means possible.

Article 9

Flag

1.
Insofar as an executing Member State considers that the
alert is covered by Article 27, 28, 30 or 31 or if provisional

Article 12

Notification to the judicial authorities

The issuing judicial authority and the executing judicial
authority shall immediately be notified of the arrest.

Article 13

Verification and suspension

1.
Immediately after notification of an arrest, the issuing
judicial authority shall inform the executing judicial authority
whether it maintains the European arrest warrant.

2.
If the issuing judicial authority does not maintain the
European arrest warrant, the arrested person shall be released
immediately.

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the

the

The issuing judicial authority may decide to suspend the
3.
warrant, under
arrested person
condition that
undertakes to present himself or herself, at a certain date and
place, on a voluntary basis. That undertaking shall be received
by the judicial authority of the executing Member State and
notified to the issuing judicial authority. The issuing Member
State may add a flag accordingly in the SIS. If the arrested
person fails to respect
the undertaking the issuing judicial
authority may reactivate the European arrest warrant, and
the information contained in the European
complement
arrest warrant,
the information
referred to in Article 6(i). The person shall be informed of all
the consequences of a non-respect of the undertaking.

in particular as

regards

Article 14

Provisional release

1. When a person is arrested on the basis of a European
arrest warrant, the executing judicial authority shall take a
decision on whether the requested person shall remain in
detention.

to remain available for

If the executing judicial authority has reason to believe that the
arrested person will not escape, continue to commit offences or
destroy evidence with respect to the offence(s) on which the
European arrest warrant is based, and if the arrested person
undertakes
the
European arrest warrant, the executing judicial authority may
decide to release that person until a later date fixed in the
and the
agreement between the
executing Member State.
the release shall be
submitted to the respect by the requested person of conditions
laid down by the executing judicial authority in accordance
with the law of the executing Member State.

issuing Member State
If necessary,

the execution of

The arrested person shall be informed of all the consequences
of a non-respect of the undertaking to remain available for the
execution of the European arrest warrant.

2.
If the requested person does not respect the undertaking
to remain available for the execution of the European arrest
inform the
warrant,
issuing judicial
latter may
the information contained in the European
complement
arrest warrant
information
referred to in Article 6(i).

the executing judicial authority shall
the

in particular

authority.

In that

regards

case,

the

as

S e c t i o n 4

Judicial procedure for surrender

Article 15

Examination of the European arrest warrant

The European arrest warrant
shall be examined by the
executing judicial authority as quickly as possible and in any
case no later than ten calendar days after the arrest.

Article 16

Consent to surrender

If the arrested person consents to his or her surrender, he

1.
or she shall be surrended as provided for in Article 23.

The consent shall be given to the executing judicial

2.
authority in accordance with its national law.

3.
The consent shall be established in such a way as to show
that the person concerned has expressed it voluntarily and in
full awareness of the consequences.

Consent shall be recorded in accordance with the national

4.
law of the executing Member State.

5.

Consent may not be revoked.

Consent shall

6.
judicial authority.

immediately be notified to the issuing

Article 17

Previous release

The

authority

executing judicial

1.
the
European arrest warrant immediately without the necessity to
hear or verify the consent of the requested person if he or she
escaped from detention or failed to comply with the conditions
of return after

execute

shall

(a) being allowed to remain free from the beginning,

(b) being released after some pre-trial detention,

(c) benefiting from the provisions of

the
European arrest warrant under Article 13(3) or from the
provisional release under Article 14.

suspension of

If the executing judicial authority has reason to believe
2.
that the requested person referred to in paragraph 1 is in one
of the circumstances referred to in Articles 27 to 34, it shall
submit the matter for a hearing by a court in accordance with
Article 18.

3. Where execution takes place according to paragraph 1,
the requested person may contest before a court the reasons
justifying the recourse to that paragraph.

Article 18

Hearing

A court in the executing Member State shall decide on whether
the European arrest warrant shall be executed after a hearing,
held in accordance with the national
rules of criminal
procedure:

(a)

if the requested person does not consent to his or her
surrender;

(b)

in cases referred to in Articles 17(2) and (3).

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The issuing Member State may be represented or submit its
observations before the court.

(b) the decision of the executing judicial authority provided for

in Article 17(1), or

Article 19

Supplementary information

the executing judicial authority finds

If
the information
communicated by the issuing Member State to be insufficient
to allow it to decide on the execution of a European arrest
warrant,
supplementary
information urgently and may fix a time-limit for the receipt
thereof.

the necessary

request

shall

it

Article 20

Time limit for the decision whether to execute the
European arrest warrant

The decision on whether
to execute the European arrest
warrant shall be taken as soon as possible and in any case
the
no later
requested person.

than 90 calendar days after

the arrest of

(c)

the decision of the court pursuant to Article 18, to execute
the European arrest warrant.

After the expiry of that period, if the person is being held, he
or she shall be released in the territory of
the executing
Member State.

3.
Should the surrender of the requested person within the
period laid down in paragraph 2 be prevented by circum-
stances beyond the control of the executing Member State,
the executing judicial authority shall immediately inform the
issuing judicial authority and agree on a new surrender date. In
that event,
take place within twenty
shall
calendar days of the new date thus agreed.

the surrender

If the person in question is still being held after the expiry of
that period, he or she shall be released unless the delay is
linked to the personal situation of the requested person.

The time limits provided for in paragraphs 2 and 3 shall

4.
not apply where Article 39(1), (2) and (4) apply.

Article 21

Refusal and expiring of the time limit

Article 24

1.
If the executing judicial authority refuses to surrender the
requested person, or if no decision on the surrender of the
requested person is taken within the period provided for in
Article 20, the arrested person shall be released immediately
unless it is necessary to maintain him or her in detention
pursuant to Article 33, or on another ground for detention.

Reasons shall be given for any refusal

2.
to execute a
European arrest warrant or on the reason of expiry of the
time limit provided for in Article 20 without a decision.

Article 22

Notification of the decision on whether to execute the
European arrest warrant

The executing judicial authority shall
immediately notify the
decision on whether to execute the European arrest warrant
to the issuing judicial authority.

Article 23

Time limit for the surrender of the requested person

1.
The requested person shall be surrendered as soon as
possible on a date agreed between the authorities concerned.

Subject to paragraph 3 the requested person shall be

2.
surrendered no later than twenty calendar days after either:

(a) the consent of the arrested person,

Deduction of the period of deprivation of liberty from
the sanction

1.
The issuing Member State shall deduct from the total
period of deprivation of liberty which is imposed any period
of deprivation of
liberty arising from the execution of a
European arrest warrant.

2.
To this end, all the information concerning the duration
of the deprivation of liberty of the requested person on the
basis of the European arrest warrant shall be transmitted to the
issuing Member State.

Article 25

End of effect

The issuing judicial authority shall ensure that the European
arrest warrant shall cease to have effect as from the date of the
surrender and where necessary.

CHAPTER III

GROUNDS FOR NON-EXECUTION

Article 26

General provision

The executing judicial authority may refuse to execute a
European arrest warrant under the circumstances described in
Articles 27 to 34.

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Article 27

List of exceptions

Article 32

Lack of necessary information

Without prejudice to the objectives of Article 29 of the EC
Treaty, each Member State may establish an exhaustive list of
conduct which might be considered as offences in some
Member States, but in respect of which its judicial authorities
shall refuse to execute a European arrest warrant on the
grounds that it would be contrary to fundamental principles
of the legal system in that State.

The list and any change to it shall be published in the Official
Journal of the European Communities at least three months before
a Member State may invoke the first paragraph in respect of
the conduct concerned.

Article 28

Principle of territoriality

The executing judicial authority may refuse to execute a
European arrest warrant, if:

(a) the European arrest warrant does not
information referred to in Article 6, or

contain the

(b) the identity of the requested person cannot be established.

CHAPTER IV

GROUNDS FOR REFUSAL TO SURRENDER

Article 33

Principle of integration

The executing judicial authority may refuse to execute a
European arrest warrant issued in respect of an act which is
not considered an offence under the law of
the executing
Member State and which did not occur, at least in part, on
the territory of the issuing Member State.

The execution of a European arrest warrant in respect of
1.
a requested person may be refused if this person would have
better possibilities of reintegration in the executing Member
State, and if he or she consents to serve the sentence in this
Member State.

Article 29

Ne bis in idem

1.
The executing judicial authority shall refuse to execute a
European arrest warrant, if a judicial authority in the executing
Member State has passed final judgement upon the requested
person in respect of the offence for which the European arrest
warrant has been issued.

the judicial authorities of

The execution of a European arrest warrant shall be
2.
the executing Member
refused if
State have decided either not
to institute or to terminate
proceedings in respect of the offence for which the European
arrest warrant has been issued.

Article 30

Amnesty

The executing judicial authority may refuse to execute a
European arrest warrant in respect of an offence covered by
an amnesty in the executing Member State where that Member
State was competent to prosecute the offence under its own
criminal law.

Article 31

Immunity

The execution of a European arrest warrant shall be refused if
the legal
the executing Member State grants
system of
immunity to the requested person.

In that case, the sentence pronounced in the issuing Member
State shall be served in the executing Member State in
accordance with the laws of
the latter Member State. The
sentence pronounced in the issuing Member State shall not
be substituted by a sanction prescribed by the law of
the
executing Member State for the same offence.

The final judgement on the basis of which the European
2.
the necessary
issued, as well as all
arrest warrant was
documents shall be transmitted to the competent
judicial
authority of the executing Member State in order to enable
the execution of the sentence.

Article 34

Videoconference

The

1.
surrending the requested person if:

executing judicial

authority may refrain from

(a)

it is possible by means of a videoconference system for the
requested person to take part from a place in the executing
Member State in criminal proceedings conducted in the
issuing Member State;

(b) the executing Member State and the issuing Member State

accept such proceedings.

law of

The proceedings shall be conducted in accordance with the
the Member States concerned and relevant
national
international
the 1950 European
Convention for the Protection of Human rights and funda-
mental freedoms.

instruments,

including

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The detailed arrangements for those proceedings shall be
2.
agreed between the executing judicial authority and the issuing
judicial authority.

believing that the execution would manifestly endanger the
requested person’s life or health because of his or her age or
state of health or because of other peremptory humanitarian
reasons.

In case of application of paragraph 1,

authority shall decide,
its national

the executing
in conformity with the
the

law, on the detention of

3.
judicial
provisions of
requested person.

CHAPTER V

SPECIAL CASES

Article 35

Judgements in absentia

1.
If the European arrest warrant has been issued on the
basis of a judgement in absentia, a new hearing of the case
shall take place in the issuing Member State after the surrender.

The executing judicial authority shall
person of his or her right
judgement and on the procedure for lodging it.

inform the arrested
to lodge an opposition to the

Each Member State shall enable its judicial authorities to
to a
in absentia and to inform the issuing judicial

2.
receive the opposition lodged by a person subject
judgement
authority of this opposition.

Article 36

Return to the executing Member State

The European arrest warrant may be executed subject to the
condition that the arrested person is returned to the executing
Member State to serve his or her sentence, if there are reasons
to believe that he or she would have better possibilities of
reintegration in that Member State.

Article 37

Life sentence or life time detention order

the offence on the basis of which the European arrest
If
warrant has been issued is punishable by life sentence or life
the European arrest
time detention order, the execution of
warrant may be subject
the issuing
Member State undertakes to encourage the application of any
measures of clemency to which the person is entitled under its
national law and practice.

to the condition that

Article 38

Deferment of execution on humanitarian grounds

1.
tionally be deferred,

The execution of a European Arrest Warrant may excep-
for

there are substantial grounds

if

The execution of the European arrest warrant shall take

2.
place as soon as these grounds have ceased to exist.

Article 39

Deferment of surrender

judgement against a person, subject

1. Where a European arrest warrant has been issued on the
to a
basis of a final
the
criminal proceeding in the executing Member State,
execution of
the European arrest warrant may be deferred
until the final judgement in that proceeding or the completion
of the sentence imposed, if any, in the executing Member State.

2. Where a European arrest warrant has been issued on the
basis of a final judgement against a person serving a sentence
in the executing Member State, the execution of the European
arrest warrant may be deferred until the completion of any
sentence imposed in the executing Member State.

3. Where a European arrest warrant has been issued on the
basis of another enforceable judicial decision or a judgement in
absentia against a person serving a sentence in the executing
Member State, the European arrest warrant may be executed
under the condition that after the final decision in the issuing
Member State, the person returns to the executing Member
State to serve the remaining part of
the sentence, unless
Article 34 applies.

4. Where the European arrest warrant has been issued on
the basis of another enforceable
judicial decision or a
judgement in absentia against a person subject to a criminal
the temporary
proceeding in the executing Member State,
to enable the
transfer of
the requested person in order
procedure to take place on the condition that
the person
returns, shall be subject
to agreement between the issuing
and the executing Member State, unless Article 34 applies.

5.
In cases referred to in paragraphs (3) and (4), the issuing
and the executing Member States shall determine by mutual
agreement the duration and conditions of the transfer.

In cases referred to in paragraphs (3) and (4), the issuing
6.
Member State shall ensure that
the requested person will
remain available for the executing Member State, either by
enforcing in its territory the final judgement of the executing
Member State or, where appropriate, on the basis of a pre-trial
decision issued by its judicial authority.

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Article 40

Multiple requests

(a) may be required as evidence, or

1.
If two or more Member States have issued a European
arrest warrant for the same person, the decision on which of
the European arrest warrants shall be executed shall be taken
by the executing judicial authority with due regard to all the
circumstances and especially the relative seriousness and place
of the offences, and the respective dates of the European arrest
warrants.

(b) has been acquired by the requested person as a result of the

offence.

2.
The property referred to in paragraph 1 shall be handed
over even if the European arrest warrant cannot be carried out
owing to the death or escape of the requested person.

All the judicial authorities involved shall co-operate closely in
order to enable the prosecutions to take place in each of the
Member States as soon as possible.

2.
If multiple requests are made, they may be submitted to
Eurojust, which shall deliver its opinion as soon as possible.

If the property referred to in paragraph 1 is liable to
3.
the executing
seizure or confiscation in the territory of
if the property is needed in
Member State, the latter may,
connection with pending criminal proceedings,
temporarily
retain it or hand it over to the issuing Member State, on
condition that it is returned.

3.
In the event of a conflict between a European arrest
warrant and a request for extradition presented by a third
country party to the European Convention on Extradition of
13 December 1957, the decision on whether the European
arrest warrant or the extradition request
takes precedence
shall be taken by the executing judicial authority with due
consideration of
those
circumstances,
mentioned in Article 17 of the said convention.

in particular

all

In the event of a conflict between a European arrest warrant
and a request for extradition presented by a third country
which is not a party to that convention, the execution of the
European arrest warrant shall take precedence.

In the event of conflict between a European arrest
4.
warrant and a request for surrender presented by an inter-
national criminal court, whether or not that court is recognised
by all
take place
between the Member States concerned as to how to meet the
requirements of the statute of the criminal court before any
decision is taken.

the Member States, consultations

shall

4.
Any rights which the executing Member State or third
parties may have acquired in the property referred to in
paragraph 1 shall be preserved. Where such rights exist, the
issuing Member State shall return the property without charge
to the executing Member State as soon as possible after the
trial.

CHAPTER VI

RELATION TO OTHER LEGAL INSTRUMENTS

Article 43

Relation to other legal instruments

The

following

1.
instruments or provisions of
instruments shall cease to apply between Member States from
1 July 2004:

legal

Article 41

Other offences

A person who has been surrendered pursuant to a European
arrest warrant may, in the issuing Member State, be prosecuted,
sentenced or detained for an offence other than that for which
the European arrest warrant was issued, except where that
offence has been entered by the executing Member State in
the list referred to in Article 27, or with respect to Articles
28 or 30.

Article 42

Handing over of property

(a) The European Convention on Extradition of 13 December
1957, its additional protocol of 15 October 1975, its second
additional protocol of 17 March 1978, and the European
Convention on the suppression of terrorism of 27 January
1977 as far as extradition is concerned;

(b) the Agreement between the Member States of the European
Communities on the simplification and modernisation of
methods of transmitting extradition requests of 26 May
1989;

(c)

the Convention of 10 March 1995 on simplified extradition
procedure between the Member States of
the European
Union; and

1.
The executing judicial authority shall, insofar as its law
permits, at the request of the issuing judicial authority, or on
its own initiative, seize and hand over property which:

(d) the Convention of 27 September 1996 relating to
extradition between the Member States of the European
Union.

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This Framework Decision shall not affect the application
2.
of simplified proceedings or conditions existing in bilateral or
multilateral agreements or agreed on the basis of uniform or
reciprocal laws between Member States.

Article 44

Provisions relating to the Schengen acquis

to Article 8 of

the Agreement
1. Without prejudice
concluded by the Council of
the European Union and the
Republic of Iceland and the Kingdom of Norway concerning
the latter’s’ association with the implementation, application
and development of the Schengen acquis (1), this Framework
Decision shall enter into force for Iceland and Norway [. . .].

Articles 59 to 66, 94(4) and 95, of

the Convention
2.
implementing the Schengen Agreement, as far as extradition
is concerned, shall cease to apply from 1 July 2004.

CHAPTER VII

TRANSIT, TRANSMISSION, LANGUAGE AND EXPENSES

written records under conditions allowing the executing
Member State to establish the authenticity of transmission.

All difficulties concerning the transmission or the auth-
2.
enticity of any document needed for the execution of
the
European arrest warrant shall be dealt with by direct contacts
between the judicial authorities involved, or, where appro-
priate, with the involvement of the central authorities of the
Member States.

Article 47

Language

1.
The European arrest warrant may be sent in the official
language or languages of the issuing or the executing Member
State(s).

2. When appropriate, the central authority of the executing
Member State shall arrange for a prompt translation of the
European arrest warrant, and of all the necessary documents
transmitted for the purpose of the procedure. The translation
shall be sent without delay to the executing judicial authority.

Article 45

Transit

Article 48

Expenses

Each Member State shall permit the transit through its
1.
territory of a requested person who is being surrendered
provided that it has been given:

(a)

information on the identity of the requested person;

(b) a copy of the European arrest warrant and its translation in
the official language or one of the official languages of the
Member State of transit;

(c) a copy of the decision of the executing judicial authority to
execute the European arrest warrant and its translation in
the official language or one of the official languages of the
Member State of transit.

In the case of

transport by air without a scheduled
2.
stopover,
the issuing
Member State shall provide the Member State concerned with
the information and documents provided for in paragraph 1.

if an unscheduled landing occurs,

Article 46

Transmission of documents

1.
The issuing Member State may transmit the European
arrest warrant by any secure means capable of producing

(1) OJ L 176, 10.7.1999, p. 36.

Expenses
1.
Member State for
warrant shall be borne by that Member State.

incurred in the territory of
the execution of

the executing
the European arrest

All other

and
2.
expenses incurred by transit on the territory of a third State,
shall be borne by the issuing Member State.

including travel

expenses,

expenses,

CHAPTER VIII

SAFEGUARD

Article 49

Safeguard

Each Member State may, by a declaration to the Council
1.
and to the Commission, decide to suspend the application of
this Framework Decision with regard to another Member State
in the event of a serious and persistent breach of violation of
fundamental human rights as provided in Article 6(1) of the
EU Treaty in that Member State. This unilateral suspension will
have a temporary application. If the procedure of Article 7 in
that Treaty is not initiated within six months, the suspension
shall cease to have effect.

2.
If a Member State applies paragraph 1, it shall take all the
necessary measures to establish its jurisdiction over the offence
on the basis of which the European arrest warrant was issued,
if appropriate.

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CHAPTER IX

GENERAL AND FINAL PROVISIONS

Article 52

Implementation

Article 50

Publication

1. Member States shall communicate to the General Secre-
the Council and to the Commission before 31
tariat of
December 2002 the information relating to the central
authority provided for in Article 5. This information shall be
published in the Official Journal of the European Communities.

2. Member States shall communicate the list provided for in
Article 27 and any change to it to the General Secretariat of
the Council and to the Commission.

immediately
The General Secretariat of
inform the other Member States of any changes on this list
made by one of the Member States.

the Council

shall

Member States shall take the necessary measures to comply
with this Framework Decision by [31 December 2002].

They shall communicate to the General Secretariat of
the
Council and to the Commission the text of any provisions
they adopt and information on any other measures they take
to comply with this Framework Decision.

On that basis the Commission shall, by [31 December 2003],
submit a report to the European Parliament and to the Council
on the operation of this Framework Decision, accompanied,
where necessary, by legislative proposals.

The Council shall assess the extent to which Member States
have complied with this Framework Decision.

Article 51

Transitional provision

The legal instruments and provisions of instruments referred to
in Articles 43 and 44 shall continue to apply to extradition
requests submitted before the measures necessary to comply
with this Framework Decision have entered into force.

Article 53

Entry into force

into force on the
This Framework Decision shall enter
twentieth day following its publication in the Official Journal
of the European Communities.

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