2003/516/EC: Council Decision of 6 June 2003 concerning the signature of the Agreements between the European Union and the United States of America on extradition and mutual legal assistance in criminal matters
Date: 2003-06-06
Institutions: Council of the European Union
Subjects: United States, agreement (EU), criminal proceedings, extradition, judicial cooperation

19.7.2003

EN

Official Journal of the European Union

L 181/25

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 6 June 2003

concerning the signature of the Agreements between the European Union and the United States of
America on extradition and mutual legal assistance in criminal matters

(2003/516/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in parti-
cular Articles 24 and 38 thereof,

Whereas:

The Member States of the European Union cooperate in
criminal matters with the United States of America on
the basis of bilateral agreements, conventions, treaties,
national law and arrangements.

The European Union is determined to improve this
cooperation in order to be able to combat, in particular,
transnational crime and terrorism in a more effective
way.

The Council decided on 26 April 2002 to authorise the
Presidency, assisted by the Commission, to enter into
negotiations with the United States of America, and the
Presidency negotiated two Agreements on international
cooperation in criminal matters, one on mutual
legal
assistance and one on extradition, with the United States
of America.

(1)

(2)

(3)

(4)

through revision of

the Agreements. The
needed,
Union states that Article 10 does not constitute a
precedent for negotiations with third states.’

(5)

The Agreements foresee in their Article 3(2) that written
instruments be exchanged between the United States of
America and the Member States of the Union on the
application of bilateral treaties. Article 3(3) of the Agree-
ment on mutual legal assistance provides a similar obli-
gation for those Member States that do not have a bilat-
eral mutual legal assistance treaty with the United States.
With a view to the drawing up of such written instru-
ments the Member States should coordinate their action
within the Council,

HAS DECIDED AS FOLLOWS:

Article 1

The President of

1.
is hereby authorised to
the Council
designate the person(s) empowered to sign the Agreements on
behalf of the European Union, subject to their later conclusion.

The Agreements should be signed on behalf of
the
European Union, subject to their subsequent conclusion.
The European Union will, at the time of the signature
make the following declaration:

2.
The text of the Agreements and the accompanying Expla-
natory Notes, the latter recording an understanding between
the European Union and the United States of America, are
annexed to this Decision.

‘The European Union states that it is in a process of
development of an area of
freedom, security and
justice, which may have consequences that affect the
Agreements with the United States. These develop-
ments will be considered carefully by the Union in
particular as regards Article 10(2) of the Extradition
Agreement. The Union will wish to consult with the
United States in order to find solutions to any devel-
if
opments affecting the Agreements,

including,

Article 2

1.
The Member States shall take the necessary steps with a
view to the drawing up of written instruments between them
and the United States of America as contemplated in Article
3(2) of the Agreement on Extradition and Article 3(2) and (3)
of the Agreement on Mutual Legal Assistance.

L 181/26

EN

Official Journal of the European Union

19.7.2003

The Member States shall coordinate their actions pursuant

2.
to paragraph 1 within the Council.

Article 4

This Decision and its annexes shall be published in the Official
Journal of the European Union.

Article 3

In case of extension of the territorial application of the Agree-
ments in accordance with Article 20(1)(b), second indent, of
the Agreement on Extradition or Article 16(1)(b), second
indent, of
the
Council shall decide by unanimity on behalf of the European
Union.

the Agreement on Mutual Legal Assistance,

Done at Luxembourg, 6 June 2003.

For the Council

The President

M. CHRISOCHOÏDIS