2003/169/JHA: Council Decision 2003/169/JHA of 27 February 2003 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: 2003-02-27
Institutions: Council of the European Union
Subjects: Iceland, Norway, Schengen Agreement, association agreement (EU), extradition

12.3.2003

EN

Official Journal of the European Union

L 67/25

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

COUNCIL DECISION 2003/169/JHA

of 27 February 2003

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 extra-
dition 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

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the initiative of the Kingdom of Sweden (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

Iceland and the Kingdom of Norway concerning the
association of those two States with the implementation,
application and development of the Schengen acquis (6).

(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 (7) (hereinafter
the ‘Association Agreement’) have been observed in
respect of this Decision.

(1)

(2)

(3)

For the purposes of achieving the objectives of
the
European Union, the Council established the Convention
on simplified extradition procedure between the Member
States of the European Union (3) (hereinafter ‘the Simpli-
fied Extradition Convention’)
and the Convention
relating to extradition between the Member States of the
European Union (4) (hereinafter ‘the Extradition Conven-
tion’).

In order to ensure a clear and unambiguous legal situa-
tion it is necessary to determine 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 (5)
Schengen Convention’),
which were incorporated into the framework of
the
European Union when the Treaty of Amsterdam entered
into force on 1 May 1999.

(hereinafter

‘the

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

(1) OJ C 195, 11.7.2001, p. 13.
(2) Opinion delivered on 13 November 2001 (not yet published in the

Official Journal).

(3) OJ C 78, 30.3.1995, p. 2.
(4) OJ C 313, 23.10.1996, p. 12.
(5) OJ L 239, 22.9.2000, p. 19.

(5) When the Republic of

those

two States will be

Iceland and the Kingdom of
Norway are notified of the adoption of this Decision in
accordance with Article 8(2)(a) of the Association Agree-
ment,
requested, when
informing the Council and the Commission of the fulfil-
ment of their constitutional 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 Simplified Extradition Convention constitutes a develop-
ment 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 Articles 63 and 65 of the Schengen Conven-
tion.

(6) OJ L 176, 10.7.1999, p. 31.
(7) OJ L 176, 10.7.1999, p. 36.

L 67/26

EN

Official Journal of the European Union

12.3.2003

Article 3

Article 4

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

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,
declare that those provisions shall apply to their relations with
States which have made the same declaration. Such declarations
shall take effect 90 days after the date of deposit thereof.

3. Without prejudice to Article 8 of the Association Agree-
ment, 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
Norway, Iceland and Norway may, when notifying the fulfil-
ment 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
ninety days after the date of deposit thereof.

1.
On the same date that the Simplified Extradition Conven-
tion enters into force in accordance with Article 16(2) thereof,
Article 66 of
the Schengen Convention shall be repealed.
Nevertheless, that provision shall continue to apply to extradi-
tion requests submitted before that date, unless the Member
States concerned are already applying the Simplified Extradition
Convention between themselves pursuant to 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 be repealed. Nevertheless, those provisions
shall continue to apply to extradition requests submitted before
that date, unless the Member States concerned are already
applying the Extradition Convention between themselves
pursuant to declarations made in accordance with Article 18(4)
thereof.

Article 5

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

Done at Brussels, 27 February 2003.

For the Council

The President

M. CHRISOCHOÏDIS