Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway - Declarations
Date: 2006-06-28
Institutions: European Union, Iceland, Norway
Subjects: Iceland, Norway, agreement (EU), extradition, judicial cooperation, judicial proceedings, mutual recognition principle

L 292/2

EN

Official Journal of the European Union

21.10.2006

between the European Union and the Republic of Iceland and the Kingdom of Norway on the
surrender procedure between the Member States of the European Union and Iceland and Norway

AGREEMENT

THE EUROPEAN UNION,

on the one hand, and

THE REPUBLIC OF ICELAND

and

THE KINGDOM OF NORWAY,

on the other hand,

hereinafter referred to as ‘the Contracting Parties’,

WISHING to improve judicial cooperation in criminal matters between the Member States of the European Union and Ice-
land and Norway, without prejudice to the rules protecting individual freedom,

CONSIDERING that current relationships among the Contracting Parties require close cooperation in the fight against
crime,

EXPRESSING their mutual confidence in the structure and functioning of their legal systems and in the ability of all Con-
tracting Parties to guarantee a fair trial,

CONSIDERING that Iceland and Norway have expressed their wish to enter into an agreement enabling them to expedite
arrangements for handing over suspects and convicts with the Member States of the European Union and to apply a sur-
render procedure with the Member States,

CONSIDERING that the European Union also considers it desirable to have such an agreement in place,

CONSIDERING that it is therefore appropriate to set up a system for such surrender procedure,

CONSIDERING that all Member States and the Kingdom of Norway and the Republic of Iceland are parties to a number of
conventions in the field of extradition, including the European Convention on extradition of 13 December 1957 and the
European Convention on the suppression of terrorism of 27 January 1977. The Nordic States have uniform extradition
laws with a common concept of extradition,

CONSIDERING that the level of cooperation under the EU Convention of 10 March 1995 on simplified extradition pro-
cedure and of the EU Convention of 27 September 1996 relating to extradition should be maintained where it is not
possible to increase it,

CONSIDERING that decisions on the execution of the arrest warrant as defined by this Agreement must be subject to
sufficient controls, which means that a judicial authority of the State where the requested person has been arrested should
have to take the decision on his or her surrender,

CONSIDERING that the role of central authorities in the execution of an arrest warrant as defined by this Agreement
should be limited to practical and administrative assistance,

CONSIDERING that this Agreement respects fundamental rights and in particular the European Convention on Human
Rights and Fundamental Freedoms.
This Agreement does not prevent a State from applying its constitutional rules relating to due process, freedom of asso-
ciation, freedom of the press, freedom of expression in other media and freedom fighters,

21.10.2006

EN

Official Journal of the European Union

L 292/3

CONSIDERING that no person should be surrendered to a State where there is a serious risk that he or she would be
subjected to the death penalty, torture or other inhuman or degrading treatment or punishment,

CONSIDERING that since all States have ratified the Council of Europe Convention of 28 January 1981 for the protection
of individuals with regard to automatic processing of personal data, the personal data processed in the context of the
implementation of this Agreement should be protected in accordance with the principles of the said Convention,

HAVE AGREED AS FOLLOWS:

‘State’ shall mean a Member State, the Kingdom of Norway

3.
or the Republic of Iceland.

CHAPTER 1

GENERAL PRINCIPLES

Article 1

Object and purpose

1.
The Contracting Parties undertake to improve, in accor-
dance with the provisions of this Agreement, the surrender for
the purpose of prosecution or execution of sentence between, on
the one hand, the Member States and, on the other hand, the
Kingdom of Norway and the Republic of Iceland, by taking
account of, as minimum standards, the terms of the Convention
of 27 September 1996 relating to extradition between the Mem-
ber States of the European Union.

2.
The Contracting Parties undertake, in accordance with the
provisions of this Agreement, to ensure that the extradition sys-
tem between, on the one hand, the Member States and, on the
other hand, the Kingdom of Norway and the Republic of Iceland
shall be based on a mechanism of surrender pursuant to an arrest
warrant in accordance with the terms of this Agreement.

3.
This Agreement shall not have the effect of modifying the
obligation to respect fundamental rights and fundamental legal
principles as enshrined in the European Convention on Human
Rights, or, in case of execution by the judicial authority of a
Member State, of the principles referred to in Article 6 of the
Treaty on European Union.

4.
Nothing in this Agreement should be interpreted as prohib-
iting refusal to surrender a person in respect of whom an arrest
warrant as defined by this Agreement has been issued when there
are reasons to believe, on the basis of objective elements, that
the said arrest warrant has been issued for the purpose of pros-
ecuting or punishing a person on the grounds of his or her sex,
race, religion, ethnic origin, nationality, language, political opin-
ions or sexual orientation, or that that person’s position may be
prejudiced for any of these reasons.

Article 2

Definitions

‘Contracting Parties’ shall mean the European Union and

1.
the Kingdom of Norway and the Republic of Iceland.

‘Member State’ shall mean a Member State of the European

2.
Union.

‘Third State’ shall mean any State other than a State as

4.
defined in paragraph 3.

5.
‘Arrest warrant’ shall mean a judicial decision issued by a
State with a view to the arrest and surrender by another State of
a requested person, for the purposes of conducting a criminal
prosecution or executing a custodial sentence or detention order.

Article 3

Scope

1.
An arrest warrant may be issued for acts punishable by the
law of the issuing State by a custodial sentence or a detention
order for a maximum period of at least 12 months or, where a
sentence has been passed or a detention order has been made,
for sentences of at least four months.

2. Without prejudice to paragraphs 3 and 4, surrender shall
be subject to the condition that the acts for which the arrest war-
rant has been issued constitute an offence under the law of the
executing State, whatever the constituent elements or however it
is described.

3.
Subject to Articles 4, 5(1)(b) to (g), 6, 7 and 8, in no case
shall a State refuse to execute an arrest warrant issued in relation
to the behaviour of any person who contributes to the commis-
sion by a group of persons acting with a common purpose of
one or more offences in the field of terrorism referred to in
Articles 1 and 2 of the European Convention on the Suppres-
sion of Terrorism and Articles 1, 2, 3 and 4 of the Framework
Decision of 13 June 2002 on combating terrorism, illicit traffick-
ing in narcotic drugs and psychotropic substances, or murder,
grievous bodily injury, kidnapping,
illegal restraint, hostage-
taking and rape, punishable by deprivation of liberty or a deten-
tion 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 contribution shall be intentional and
made with the further knowledge that his or her participation
will contribute to the achievement of the organisation’s criminal
activities.

L 292/4

EN

Official Journal of the European Union

21.10.2006

Norway and Iceland, on the one hand, and the EU, on
4.
behalf of any of its Member States, on the other hand may make
a declaration to the effect that, on the basis of reciprocity, the
condition of double criminality referred to in paragraph 2 shall
not be applied under the conditions set out hereafter. The follow-
ing offences, if they are punishable in the issuing State by a cus-
todial sentence or a detention order for a maximum period of at
least three years and as they are defined by the law of the issuing
State, shall, under the terms of this Agreement and without veri-
fication of the double criminality of the act, give rise to surren-
der pursuant to an arrest warrant:

— participation in a criminal organisation,

— terrorism,

— trafficking in human beings,

— sexual exploitation of children and child pornography,

— illicit trafficking in cultural goods, including antiques and

works of art,

— swindling,

— racketeering and extortion,

— counterfeiting and piracy of products,

— forgery of administrative documents and trafficking therein,

— forgery of means of payment,

— illicit trafficking in hormonal substances and other growth

promoters,

— illicit trafficking in nuclear or radioactive materials,

— trafficking in stolen vehicles,

— illicit

trafficking in narcotic drugs and psychotropic

substances,

— illicit trafficking in weapons, munitions and explosives,

— rape,

— arson,

— corruption,

— crimes within the jurisdiction of the International Criminal

Court,

— fraud, including that affecting the financial interests of the
European Communities within the meaning of the Conven-
tion of 26 July 1995 on the protection of the Euro-
pean Communities’ financial interests,

— unlawful seizure of aircraft/ships,

— sabotage.

— laundering of the proceeds of crime,

— counterfeiting currency, including of the euro,

— computer-related crime,

— environmental crime, including illicit trafficking in endan-
gered animal species and in endangered plant species
and varieties,

— facilitation of unauthorised entry and residence,

— murder, grievous bodily injury,

— illicit trade in human organs and tissue,

— kidnapping, illegal restraint and hostage-taking,

— racism and xenophobia,

— organised or armed robbery,

Article 4

Grounds for mandatory non-execution of the arrest
warrant

States shall establish an obligation for the executing judicial
authority to refuse to execute the arrest warrant in the following
cases:

1)

2)

3)

if the offence on which the arrest warrant is based is cov-
ered by amnesty in the executing State, where that State had
jurisdiction to prosecute the offence under its own criminal
law;

if the executing judicial authority is informed that the
requested person has been finally judged by a State in respect
of the same acts provided that, where there has been sen-
tence, the sentence has been served or is currently being
served or may no longer be executed under the law of the
sentencing State;

if the person who is the subject of the arrest warrant may
not, owing to his age, be held criminally responsible for the
acts on which the arrest warrant is based under the law of
the executing State.

21.10.2006

EN

Official Journal of the European Union

L 292/5

Article 5

Other grounds for non-execution of the arrest warrant

States can establish an obligation or an option for the
1.
executing judicial authority to refuse to execute the arrest war-
rant in the following cases:

(a)

if, in one of the cases referred to in Article 3(2), the act on
which the arrest warrant is based does not constitute an
offence under the law of the executing State; however, in
relation to taxes or duties, customs and exchange, execution
of the arrest warrant shall not be refused on the ground that
the law of the executing State does not impose the same
kind of tax or duty or does not contain the same type of
rules as regards taxes, duties and customs and exchange
regulations as the law of the issuing State;

(b) where the person who is the subject of the arrest warrant is
being prosecuted in the executing State for the same act as
that on which the arrest warrant is based;

(c) where the judicial authorities of the executing State have
decided either not to prosecute for the offence on which the
arrest warrant is based or to halt proceedings, or where a
final judgement has been passed upon the requested person
in a State, in respect of the same acts, which prevents fur-
ther proceedings;

Each State shall inform the General Secretariat of the Coun-
2.
cil for which of the grounds of non-execution of paragraph 1, it
has established an obligation for its executing judicial authorities
to refuse the execution of an arrest warrant. The General Secre-
tariat shall make the information received available to all States
and the Commission.

Article 6

Political offence exception

Execution may not be refused on the ground that the
1.
offence may be regarded by the executing State as a political
offence, as an offence connected with a political offence or an
offence inspired by political motives.

2.
Norway and Iceland, on the one hand, and the European
Union, on behalf of any of its Member States, on the other hand,
may make, however, a declaration to the effect that paragraph 1
will be applied only in relation to:

(a)

the offences referred to in Articles 1 and 2 of the European
Convention on the Suppression of Terrorism;

(d) where the criminal prosecution or punishment of

the
requested person is statute-barred according to the law of
the executing State and the acts fall within the jurisdiction
of that State under its own criminal law;

(b) offences of conspiracy or association — which correspond
to the description of behaviour referred to in Article 3(3) —
to commit one or more of the offences referred to in
Articles 1 and 2 of the European Convention on the Sup-
pression of Terrorism;

(e)

(f)

if the executing judicial authority is informed that the
requested person has been finally judged by a third State in
respect of the same acts provided that, where there has been
sentence, the sentence has been served or is currently being
served or may no longer be executed under the law of the
sentencing country;

if the arrest warrant has been issued for the purposes of
execution of a custodial sentence or detention order, where
the requested person is staying in, or is a national or a resi-
dent of the executing State and that State undertakes to
execute the sentence or detention order in accordance with
its domestic law;

(g) where the arrest warrant relates to offences which:

(i)

are regarded by the law of the executing State as having
been committed in whole or in part in the territory of
the executing State or in a place treated as such;

or

and

(c) Articles 1, 2, 3 and 4 of the Framework Decision of

13 June 2002 on combating terrorism.

3. Where an arrest warrant has been issued by a State having
made a declaration as referred to in paragraph 2, or by a State
on behalf of which such a declaration has been made, the State
executing the arrest warrant, may apply reciprocity.

Article 7

Nationality exception

Execution may not be refused on the ground that the per-

1.
son claimed is a national of the executing State.

(ii) have been committed outside the territory of the issu-
ing State and the law of the executing State does not
allow prosecution for the same offences when commit-
ted outside its territory.

2.
Norway and Iceland, on the one hand, and the European
Union, on behalf of any of its Member States, on the other hand,
may make a declaration to the effect that nationals will not be
surrendered or that surrender will be authorised only under cer-
tain specified conditions.

L 292/6

EN

Official Journal of the European Union

21.10.2006

3. Where an arrest warrant has been issued by a State having
made a declaration as referred to in paragraph 2, or by a State
for which such a declaration has been made, any other State may,
in the execution of the arrest warrant, apply reciprocity.

notification referred to in Article 38(1), a Minister of Justice may
be designated as a competent authority for the execution of an
arrest warrant, whether or not the Minister of Justice is a judicial
authority under the domestic law of that State.

Article 8

The Contracting Parties shall inform each other of their

3.
competent authorities.

Guarantees to be given by the issuing State in particular
cases

The execution of the arrest warrant by the executing judicial
authority may be subject to the following conditions:

1) where the arrest warrant has been issued for the purposes
of executing a sentence or a detention order imposed by a
decision rendered in absentia and if the person concerned has
not been summoned in person or otherwise informed of the
date and place of the hearing which led to the decision ren-
dered in absentia, surrender may be subject to the condition
that the issuing judicial authority gives an assurance deemed
adequate to guarantee the person who is the subject of the
arrest warrant that he or she will have an opportunity to
apply for a retrial of the case in the issuing State and to be
present at the judgment;

2)

if the offence on the basis of which the arrest warrant has
been issued is punishable by custodial life sentence or life-
time detention order the execution of the said arrest war-
rant may be subject to the condition that the issuing State
gives an assurance deemed sufficient by the executing state
that it will review the penalty or measure imposed, on
request or at the latest after 20 years, or will encourage the
application of measures of clemency to which the person is
entitled to apply for under the law or practice of the issuing
State, aiming at a non-execution of such penalty or measure;

Article 10

Recourse to the central authority

1.
The Contracting Parties may notify each other of the cen-
tral authority for each State, having designated such an author-
ity, or, when the legal system of the relevant State so provides,
of more than one central authority to assist the competent judi-
cial authorities.

2.
In doing so the Contracting Parties may indicate that, as a
result of the organisation of the internal judicial system of the
relevant States, the central authority(ies) are responsible for the
administrative transmission and reception of arrest warrants as
well as for all other official correspondence relating thereto. These
indications shall be binding upon all the authorities of the issu-
ing State.

Article 11

Content and form of the arrest warrant

1.
The arrest warrant shall contain the following information
set out in accordance with the form contained in the Annex to
this Agreement:

(a)

the identity and nationality of the requested person;

3) where a person who is the subject of an arrest warrant for
the purposes of prosecution is a national or resident of the
executing State, surrender may be subject to the condition
that the person, after being heard, is returned to the execut-
ing State in order to serve there the custodial sentence or
detention order passed against him in the issuing State.

(b)

the name, address, telephone and fax numbers and e-mail
address of the issuing judicial authority;

(c)

evidence of an enforceable judgement, an arrest warrant or
any other enforceable judicial decision having the same
effect, coming within the scope of Articles 2 and 3;

Article 9

(d)

the nature and legal classification of the offence, particularly
in respect of Article 3;

Determination of the competent judicial authorities

1.
The issuing judicial authority shall be the judicial authority
of the issuing State which is competent to issue an arrest war-
rant by virtue of the law of that State.

(e) 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;

(f)

the penalty imposed, if there is a final judgment, or the pre-
scribed scale of penalties for the offence under the law of
the issuing State;

2.
The executing judicial authority shall be the judicial author-
ity of the executing State which is competent to execute the arrest
warrant by virtue of the law of that State. At the moment of

(g)

if possible, other consequences of the offence.

21.10.2006

EN

Official Journal of the European Union

L 292/7

The arrest warrant must be translated into the official lan-
2.
guage or one of the official languages of the executing State. Any
Contracting Party may, when this Agreement is concluded or at
a later date, make a declaration to the effect that a translation in
one or more other official languages of a State will be accepted.

If the authority which receives an arrest warrant is not com-
5.
petent to act upon it, it shall automatically forward the arrest
warrant to the competent authority in its State and shall inform
the issuing judicial authority accordingly.

CHAPTER 2

SURRENDER PROCEDURE

Article 12

Transmission of an arrest warrant

1. When the location of the requested person is known, the
issuing judicial authority may transmit the arrest warrant directly
to the executing judicial authority.

2.
The issuing judicial authority may, in any event, decide
to issue an alert for the requested person in the Schengen Infor-
mation System (SIS).

Such an alert shall be effected in accordance with the relevant
provisions of European Union law on alerts in the Schengen
Information System on persons for the purpose of surrender. An
alert in the Schengen Information System shall be equivalent to
an arrest warrant accompanied by the information set out in
Article 11(1).

3.
For a transitional period, until the SIS is capable of trans-
mitting all the information described in Article 11, the alert shall
be equivalent to an arrest warrant pending the receipt of the
in due and proper form by the executing judicial
original
authority.

Article 14

Rights of a requested person

1. When a requested person is arrested, the executing compe-
tent judicial authority shall, in accordance with its national law,
inform that person of the arrest warrant and of its contents, and
also of the possibility of consenting to surrender to the issuing
judicial authority.

2.
A requested person who is arrested for the purpose of the
execution of an arrest warrant shall have a right to be assisted
by a legal counsel and by an interpreter in accordance with the
national law of the executing State.

Article 15

Keeping the person in detention

When a person is arrested on the basis of an arrest warrant, the
executing judicial authority shall take a decision on whether the
requested person should remain in detention, in accordance with
the law of the executing State. The person may be released pro-
visionally at any time in conformity with the domestic law of
the executing State, provided that the competent authority of the
said State takes all the measures it deems necessary to prevent
the person absconding.

Article 13

Detailed procedures for transmitting an arrest warrant

Article 16

Consent to surrender

If the issuing judicial authority does not know the compe-
1.
tent executing judicial authority, it shall make the requisite enqui-
ries, in order to obtain that information from the executing State.

If it is not possible to call on the services of the SIS, the
2.
issuing judicial authority may call on the International Criminal
Police Organisation (Interpol) to transmit an arrest warrant.

The issuing judicial authority may forward the arrest war-
3.
rant by any secure means capable of producing written records
under conditions allowing the executing State to establish its
authenticity.

1.
If the arrested person indicates that he or she consents to
surrender, that consent and, if appropriate, express renunciation
of entitlement to the ‘speciality rule’, referred to in Article 30(2),
shall be given before the executing judicial authority, in accor-
dance with the domestic law of the executing State.

2.
Each State shall adopt the measures necessary to ensure
that consent and, where appropriate, renunciation, as referred
to in paragraph 1, are established in such a way as to show that
the person concerned has expressed them voluntarily and in full
awareness of the consequences. To that end, the requested per-
son shall have the right to legal counsel.

4.
All difficulties concerning the transmission or the authen-
ticity of any document needed for the execution of the arrest
warrant shall be dealt with by direct contacts between the judi-
cial authorities involved, or, where appropriate, with the involve-
ment of the central authorities of the States.

3.
The consent and, where appropriate, renunciation, as
referred to in paragraph 1, shall be formally recorded in accor-
dance with the procedure laid down by the domestic law of the
executing State.

L 292/8

EN

Official Journal of the European Union

21.10.2006

In principle, consent may not be revoked. Each State may
4.
provide that consent and, if appropriate, renunciation may be
revoked, in accordance with the rules applicable under its domes-
tic law. In this case, the period between the date of consent and
that of its revocation shall not be taken into consideration in
establishing the time limits laid down in Article 20. Norway
and Iceland, on the one hand, and the European Union, on behalf
of any of its Member States, on the other hand, may make, at
the time of notification provided for in Article 38(1), a declara-
tion indicating that they wish to have recourse to this possibil-
ity, specifying the procedures whereby revocation of consent shall
be possible and any amendment to them.

Article 17

Hearing of the requested person

Where the arrested person does not consent to his or her surren-
der as referred to in Article 16, he or she shall be entitled to be
heard by the executing judicial authority, in accordance with the
law of the executing State.

Article 18

Surrender decision

1.
The executing judicial authority shall decide, within the
time limits and under the conditions defined in this Agreement,
whether the person is to be surrendered.

2.
If the executing judicial authority finds the information
communicated by the issuing State to be insufficient to allow it
to decide on surrender, it shall request that the necessary supple-
mentary information, in particular with respect to Articles 4 to 6,
8 and 11, be furnished as a matter of urgency and may fix a time
limit for the receipt thereof, taking into account the need to
observe the time limits set in Article 20.

3.
The issuing judicial authority may at any time forward any
additional useful information to the executing judicial authority.

Article 19

Decision in the event of multiple requests

1.
If two or more States have issued a European arrest war-
rant or an arrest warrant for the same person, the decision as to
which of the arrest warrants shall be executed shall be taken by
the executing judicial authority with due consideration of all the
circumstances and especially the relative seriousness and place
of the offences, the respective dates of the arrest warrants and
whether the warrant has been issued for the purposes of pros-
ecution or for execution of a custodial sentence or detention
order.

2.
The executing judicial authority of a Member State may
seek the advice of Eurojust when making the choice referred to in
paragraph 1.

In the event of a conflict between an arrest warrant and a
3.
request for extradition presented by a third State, the decision as
to whether the arrest warrant or the extradition request takes
precedence shall be taken by the competent authority of the
executing State with due consideration of all the circumstances,
in particular those referred to in paragraph 1 and those men-
tioned in the applicable convention.

This Article shall be without prejudice to States’ obligations

4.
under the Statute of the International Criminal Court.

Article 20

Time limits and procedures for the decision to execute the
arrest warrant

An arrest warrant shall be dealt with and executed as a mat-

1.
ter of urgency.

2.
In cases where the requested person consents to his surren-
der, the final decision on the execution of the arrest warrant
should be taken within a period of 10 days after consent has
been given.

3.
In other cases, the final decision on the execution of the
arrest warrant should be taken within a period of 60 days after
the arrest of the requested person.

4. Where in specific cases the arrest warrant cannot be
executed within the time limits laid down in paragraphs 2 or 3,
the executing judicial authority shall immediately inform the issu-
ing judicial authority thereof, giving the reasons for the delay. In
such case, the time limits may be extended by a further 30 days.

The European Union, on behalf of any of its Member States,
5.
may make, at
in
Article 38(1), a declaration indicating in which cases para-
graphs 3 and 4 will not apply. Norway and Iceland may apply
reciprocity in relation to the Member States concerned.

the time of notification provided for

6.
As long as the executing judicial authority has not taken a
final decision on the arrest warrant, it shall ensure that the mate-
rial conditions necessary for effective surrender of the person
remain fulfilled.

Reasons must be given for any refusal to execute an arrest

7.
warrant.

Article 21

Situation pending the decision

1. Where the arrest warrant has been issued for the purpose
of conducting a criminal prosecution, the executing judicial
authority must:

(a)

either agree that the requested person should be heard
according to Article 22;

(b) or agree to the temporary transfer of the requested person.

21.10.2006

EN

Official Journal of the European Union

L 292/9

The conditions and the duration of the temporary transfer
2.
shall be determined by mutual agreement between the issuing
and executing judicial authorities.

In the case of temporary transfer, the person must be able
3.
to return to the executing State to attend hearings concerning
him or her as part of the surrender procedure.

provisions of the arrangement under which he or she was extra-
dited concerning speciality. The executing State shall take all nec-
essary measures for requesting forthwith the consent of the State
from which the requested person was extradited so that he or
she can be surrendered to the State which issued the arrest war-
rant. The time limits referred to in Article 20 shall not start run-
ning until the day on which these speciality rules cease to apply.

Article 22

Hearing the person pending the decision

Pending the decision of the State from which the requested per-
son was extradited, the executing State will ensure that the mate-
rial conditions necessary for effective surrender remain fulfilled.

1.
The requested person shall be heard by a judicial author-
ity, assisted by another person designated in accordance with the
law of the State of the requesting court.

2.
The requested person shall be heard in accordance with the
law of the executing State and with the conditions determined
by mutual agreement between the issuing and executing judicial
authorities.

3.
The competent executing judicial authority may assign
another judicial authority of its State to take part in the hearing
of the requested person in order to ensure the proper applica-
tion of this Article and of the conditions laid down.

Article 25

Notification of the decision

The executing judicial authority shall notify the issuing judicial
authority immediately of the decision on the action to be taken
on the arrest warrant.

Article 26

Time limits for surrender of the person

Article 23

Privileges and immunities

The person requested shall be surrendered as soon as pos-

1.
sible on a date agreed between the authorities concerned.

1. Where the requested person enjoys a privilege or immu-
nity regarding jurisdiction or execution in the executing State,
the time limits referred to in Article 20 shall not start running
unless, and counting from the day when, the executing judicial
authority is informed of the fact that the privilege or immunity
has been waived.

2.
The executing State shall ensure that the material condi-
tions necessary for effective surrender are fulfilled when the per-
son no longer enjoys such privilege or immunity.

3. Where power to waive the privilege or immunity lies with
an authority of the executing State, the executing judicial author-
ity shall request it to exercise that power forthwith. Where power
to waive the privilege or immunity lies with an authority of
another State or international organisation, it shall be for the
issuing judicial authority to request it to exercise that power.

Article 24

Competing international obligations

He or she shall be surrendered no later than 10 days after

2.
the final decision on the execution of the arrest warrant.

3.
If the surrender of the requested person within the period
laid down in paragraph 2 is prevented by circumstances beyond
the control of any of the States, the executing and issuing judi-
cial authorities shall immediately contact each other and agree
on a new surrender date. In that event, the surrender shall take
place within 10 days of the new date thus agreed.

4.
The surrender may exceptionally be temporarily postponed
for serious humanitarian reasons, for example if there are sub-
stantial grounds for believing that it would manifestly endanger
the requested person’s life or health. The execution of the arrest
warrant shall take place as soon as these grounds have ceased to
exist. The executing judicial authority shall immediately inform
the issuing judicial authority and agree on a new surrender date.
In that event, the surrender shall take place within 10 days of
the new date thus agreed.

This Agreement shall not prejudice the obligations of the execut-
ing State where the requested person has been extradited to that
State from a third State and where that person is protected by

5.
Upon expiry of the time limits referred to in paragraphs 2
to 4, if the person is still being held in custody he shall be
released.

L 292/10

EN

Official Journal of the European Union

21.10.2006

Article 27

Postponed or conditional surrender

The executing judicial authority may, after deciding to
1.
execute the arrest warrant, postpone the surrender of
the
requested person so that he or she may be prosecuted in the
executing State or, if he or she has already been sentenced, so
that he or she may serve, in its territory, a sentence passed for
an act other than that referred to in the arrest warrant.

2.
Instead of postponing the surrender, the executing judicial
authority may temporarily surrender the requested person to the
issuing State under conditions to be determined by mutual agree-
ment between the executing and the issuing judicial authorities.
The agreement shall be made in writing and the conditions shall
be binding on all the authorities in the issuing State.

Article 28

Transit

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

(a)

the identity and nationality of the person subject to the arrest
warrant;

(b)

the existence of an arrest warrant;

(c)

the nature and legal classification of the offence;

(d)

the description of the circumstances of the offence, includ-
ing the date and place.

The State, on behalf of which a declaration has been made in
accordance with Article 7(2), to the effect that nationals will not
be surrendered or that surrender will be authorised only under
certain specified conditions, may, under the same terms, refuse
the transit of its nationals through its territory or submit it to
the same conditions.

2.
The Contracting Parties shall notify each other of the
authority designated for each State responsible for receiving tran-
sit requests and the necessary documents, as well as any other
official correspondence relating to transit requests.

5. Where a transit concerns a person who is to be extradited
from a third State to a State this Article will apply mutatis mutan-
dis. In particular the expression ‘arrest warrant’ as defined by this
Agreement shall be deemed to be replaced by ‘extradition
request’.

CHAPTER 3

EFFECTS OF THE SURRENDER

Article 29

Deduction of the period of detention served in the
executing State

1.
The issuing State shall deduct all periods of detention aris-
ing from the execution of an arrest warrant from the total period
of detention to be served in the issuing State as a result of a cus-
todial sentence or detention order being passed.

To that end, all information concerning the duration of the
2.
detention of the requested person on the basis of the arrest war-
rant shall be transmitted by the executing judicial authority or
the central authority designated under Article 10 to the issuing
judicial authority at the time of the surrender.

Article 30

Possible prosecution for other offences

1.
Norway and Iceland, on the one hand, and the European
Union, on behalf of any of its Member States, on the other hand,
may notify each other that, for relations of States with other
States to which the same notification applies, consent is pre-
sumed to have been given for the prosecution, sentencing or
detention with a view to the carrying out of a custodial sentence
or detention order for an offence committed prior to his or her
surrender, other than that for which he or she was surrendered,
unless in a particular case the executing judicial authority states
otherwise in its decision on surrender.

Except in the cases referred to in paragraphs 1 and 3, a per-
2.
son surrendered may not be prosecuted, sentenced or otherwise
deprived of his or her liberty for an offence committed prior to
his or her surrender other than that for which he or she was
surrendered.

3.

Paragraph 2 does not apply in the following cases:

3.
The transit request and the information set out in para-
graph 1 may be addressed to the authority designated pursuant
to paragraph 2 by any means capable of producing a written
record. The State of transit shall notify its decision by the same
procedure.

(a) when the person having had an opportunity to leave the ter-
ritory of the State to which he or she has been surrendered
has not done so within 45 days of his or her final discharge,
or has returned to that territory after leaving it;

4.
This Agreement does not apply in the case of transport by
air without a scheduled stopover. However, if an unscheduled
landing occurs, the issuing State shall provide the authority des-
ignated pursuant to paragraph 2 with the information provided
for in paragraph 1.

(b)

the offence is not punishable by a custodial sentence or
detention order;

(c)

the criminal proceedings do not give rise to the application
of a measure restricting personal liberty;

21.10.2006

EN

Official Journal of the European Union

L 292/11

(d) when the person could be liable to a penalty or a measure
not involving the deprivation of liberty, in particular a finan-
cial penalty or a measure in lieu thereof, even if the penalty
or measure may give rise to a restriction of his or her per-
sonal liberty;

(e) when the person consented to be surrendered, where appro-
priate at the same time as he or she renounced the special-
ity rule, in accordance with Article 16;

(b) where the requested person consents to be surrendered to a
State other than the executing State pursuant to an arrest
warrant. Consent shall be given before the competent judi-
cial authorities of the issuing State and shall be recorded in
accordance with that State’s national law. It shall be drawn
up in such a way as to make clear that the person concerned
has given it voluntarily and in full awareness of the conse-
quences. To that end, the requested person shall have the
right to legal counsel;

(f) when the person, after his/her surrender, has expressly
renounced entitlement to the speciality rule with regard to
specific offences preceding his/her surrender. Renunciation
shall be given before the competent judicial authorities of
the issuing State and shall be recorded in accordance with
that State’s domestic law. The renunciation shall be drawn
up in such a way as to make clear that the person has given
it voluntarily and in full awareness of the consequences. To
that end, the person shall have the right to legal counsel;

(g) where the executing judicial authority which surrendered the
person gives its consent in accordance with paragraph 4.

4.
A request for consent shall be submitted to the executing
judicial authority, accompanied by the information mentioned in
Article 11(1) and a translation as referred to in Article 11(2).
Consent shall be given when the offence for which it is requested
is itself subject to surrender in accordance with the provisions of
this Agreement. Consent shall be refused on the grounds referred
to in Article 4 and otherwise may be refused only on the grounds
referred to in Articles 5, or 6(2) and 7(2). The decision shall be
taken no later than 30 days after receipt of the request. For the
situations mentioned in Article 8 the issuing State must give the
guarantees provided for therein.

Article 31

Surrender or subsequent extradition

1.
Norway and Iceland, on the one hand, and the European
Union, on behalf of any of its Member States, on the other hand,
may notify each other that, for relations of States with other
States to which the same notification applies, the consent for the
surrender of a person to a State other than the executing State
pursuant to an arrest warrant issued for an offence committed
prior to his or her surrender is presumed to have been given,
unless in a particular case the executing judicial authority states
otherwise in its decision on surrender.

2.
In any case, a person who has been surrendered to the issu-
ing State pursuant to an arrest warrant may, without the con-
sent of the executing State, be surrendered to a State other than
the executing State pursuant to an arrest warrant issued for any
offence committed prior
in the
following cases:

to his or her surrender

(a) where the requested person, having had an opportunity to
leave the territory of the State to which he or she has been
surrendered, has not done so within 45 days of his final dis-
charge, or has returned to that territory after leaving it;

(c) where the requested person is not subject to the speciality
rule, in accordance with Article 30(3)(a), (e), (f) and (g).

The executing judicial authority consents to the surrender

3.
to another State according to the following rules:

(a)

the request for consent shall be submitted in accordance with
Article 12, accompanied by the information mentioned in
Article 11(1) and a translation as stated in Article 11(2);

(b) consent shall be given when the offence for which it is
requested is itself subject to surrender in accordance with the
provisions of this Agreement;

(c)

the decision shall be taken no later than 30 days after receipt
of the request;

(d) consent shall be refused on the grounds referred to in
Article 4 and otherwise may be refused only on the grounds
referred to in Articles 5 or 6(2) and 7(2).

For the situations referred to in Article 8, the issuing State must
give the guarantees provided for therein.

4.
Notwithstanding paragraph 1, a person who has been sur-
rendered pursuant to an arrest warrant shall not be extradited to
a third State without the consent of the competent authority of
the State which surrendered the person. Such consent shall be
given in accordance with the Conventions by which that State is
bound, as well as with its domestic law.

Article 32

Handing over of property

1.
At the request of the issuing judicial authority or on its
own initiative, the executing judicial authority shall, in accor-
dance with its national law, seize and hand over property which:

(a) may be required as evidence; or

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

offence.

L 292/12

EN

Official Journal of the European Union

21.10.2006

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

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

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

Article 33

Expenses

States may continue to apply bilateral or multilateral agree-
2.
ments or arrangements in force when this Agreement is con-
cluded in so far as such agreements or arrangements allow the
objectives of this Agreement to be extended or enlarged and help
to simplify or facilitate further the procedures for surrender of
persons who are the subject of an arrest warrant. The Contract-
ing Parties shall notify each other of any such agreements or
arrangements.

3.
States may conclude bilateral or multilateral agreements or
arrangements after this Agreement has come into force in so far
as such agreements or arrangements allow the prescriptions of
this Agreement to be extended or enlarged and help to simplify
or facilitate further the procedures for surrender of persons who
are the subject of an arrest warrant, in particular by fixing time
limits shorter than those fixed in Article 20, by extending the
list of offences laid down in Article 3(4), by further limiting the
grounds for refusal set out in Articles 4 and 5, or by lowering
the threshold provided for in Article 3(1) or (4).

1.
Expenses incurred in the territory of the executing State for
the execution of an arrest warrant shall be borne by that State.

The agreements and arrangements referred to in the first sub-
paragraph may in no case affect relations with States which are
not parties to them.

2.

All other expenses shall be borne by the issuing State.

CHAPTER 4

GENERAL AND FINAL PROVISIONS

Article 34

Relation to other legal instruments

1. Without prejudice to their application in relations between
States and third States, this Agreement shall, from its entry into
force, replace the corresponding provisions of the following con-
ventions applicable in the field of extradition in relations between
Norway and Iceland, on the one hand, and Member States, on
the other hand:

(a)

the European Convention on Extradition of 13 Decem-
ber 1957, its additional protocol of 15 October 1975, its
second additional protocol of 17 March 1978, and the Euro-
pean Convention on the suppression of
terrorism of
27 January 1977 as far as extradition is concerned as
amended by the 2003 Protocol once it will enter into force;

(b) Title III, Chapter 4 of the Convention of 19 June 1990 imple-
menting the Schengen Agreement of 14 June 1985 on the
gradual abolition of checks at common borders;

(c) Schengen-relevant provisions of the 1995 and 1996 EU
Extradition Conventions to the extent that they are in force.

The Contracting Parties shall also notify each other of any such
new agreement or arrangement as referred to in the first subpara-
graph, within three months of signing it.

4. Where the conventions or agreements referred to in para-
graph 1 apply to the territories of States or to territories for
whose external relations a State is responsible to which this
Agreement does not apply, these instruments shall continue to
govern the relations existing between those territories and the
other States.

Article 35

Transitional provision

Extradition requests received before the date of entry into
1.
force of this Agreement will continue to be governed by existing
instruments relating to extradition. Requests received after that
date will be governed by this Agreement.

2.
Norway and Iceland, on the one hand, and the European
Union, on behalf of any of its Member States, on the other hand,
may, at the time of the notification provided for in Article 38(1),
make a statement indicating that, as executing State, the State
will continue to apply the extradition system applicable before
the entry into force of this Agreement in relation to acts com-
mitted before a date which it specifies. The date in question may
not be later than the entry into force of this Agreement. The said
statement may be withdrawn at any time.

21.10.2006

EN

Official Journal of the European Union

L 292/13

Article 36

Dispute settlement

Article 39

Accession

Any dispute between either Iceland or Norway and a Member
State of the European Union regarding the interpretation or the
application of this Agreement may be referred by a party to the
dispute to a meeting of representatives of the governments of the
Member States of the European Union and of Iceland and Nor-
way, with a view to its settlement within six months.

Article 37

Case law

The Contracting Parties, in order to achieve the objective of arriv-
ing at as uniform an application and interpretation as possible
of the provisions of this Agreement, shall keep under constant
review the development of the case law of the Court of Justice
of the European Communities, as well as the development of the
case law of the competent courts of Iceland and Norway relating
to these provisions and to those of similar surrender instruments.
To this end a mechanism shall be set up to ensure regular mutual
transmission of such case law.

Article 38

Notifications, declarations, entry into force

1.
The Contracting Parties shall notify each other of the
completion of the procedures required to express their consent
to be bound by this Agreement.

2. When giving their notification under paragraph 1 the Con-
tracting Parties shall make any of the notifications or declara-
tions provided for in Articles 5(2), 9(3), 28(2) and 34(2) of this
Agreement and may make any of the notifications or declara-
tions provided for in Articles 3(4), 6(2), 7(2), 10(1), 11(2), 16(4),
20(5), 30(1), 31(1) and 35(2) of this Agreement. The declara-
tions or notifications referred to in Articles 3(4), 10(1) and 11(2)
may be made at any time. The declarations or notifications
referred to in Articles 9(3) and 28(2) may be modified, and those
referred to in Articles 5(2), 6(2), 7(2), 10(1), 16(4), 20(5), 34(2)
and 35(2) withdrawn, at all times.

3. Where the European Union makes such declarations or
notifications it shall indicate for which of its Member States the
declaration applies.

4.
This Agreement shall enter into force on the first day of
the third month following the day on which the Secretary-
General of the Council of the European Union has established
that all formal requirements concerning the expression of the
consent by the Contracting Parties to this Agreement have been
fulfilled.

Accession by new Member States to the European Union shall
create rights and obligations under the present Agreement
between those new Member States and Iceland and Norway.

Article 40

Common review

The Contracting Parties agree to carry out a common review of
this Agreement no later than five years after its entry into force,
and in particular of the declarations made under Articles 3(4),
6(2), 7(2) and 20(5) of this Agreement. Where the declarations
referred to in Article 7(2) are not renewed, they shall expire five
years after the entry into force of this Agreement. The review
shall in particular address the practical implementation, interpre-
tation and development of the Agreement and may also include
issues such as the consequences of further development of the
European Union relating to the subject matter of this Agreement.

Article 41

Termination

This Agreement may be terminated by the Contracting Par-
1.
ties. In the event of termination by either Iceland or Norway, this
Agreement shall remain in force between the European Union
and the Contracting Party for which it has not been terminated.

Termination of this Agreement pursuant to paragraph 1
2.
shall take effect six months after the deposit of the notification
of termination. Procedures for complying with requests for sur-
render still pending at that date shall be completed in confor-
mity with the provisions of this Agreement.

Article 42

Depository

The Secretary General of the Council of the European

1.
Union shall act as the depository of this Agreement.

The depository shall make public information on any noti-

2.
fication or declaration made concerning this Agreement.

Done at Vienna on 28 June 2006 in one single copy in the Ice-
landic, Norwegian, Czech, Danish, Dutch, German, English, Esto-
nian, French, Finnish, Greek, Hungarian, Irish, Italian, Latvian,
Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Span-
ish and Swedish languages, each version being equally authentic.

L 292/14

EN

Official Journal of the European Union

21.10.2006

Fyrir hönd Evrópusambandsins
For Den europeiske union
Por la Unión Europea
Za Evropskou unii
For den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l’Union européenne
Thar ceann an Aontais Eorpaigh
Per l’Unione europea
Eiropas Savienības vārdā
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
På Europeiska unionens vägnar

Fyrir hönd lýđveldisins Íslands
For Republikken Island
Por la República de Islandia
Za Islandskou republiku
For Republikken Island
Für die Republik Island
Islandi Vabariigi nimel
Για τη Δημοκρατία της Ισλανδίας
For the Republic of Iceland
Pour la République d’Islande
Thar ceann Phoblacht na hÍoslainne
Per la Repubblica d’Islanda
Islandes Republikas vārdā
Islandijos Respublikos vardu
Az Izlandi Köztársaság részéről
Ghar-Repubblika ta’ l-Iżlanda
Voor de Republiek Ijsland
W imieniu Republiki Islandii
Pela República da Islândia
Za Islandskú republiku
Za Republiko Islandijo
Islannin tasavallan puolesta
På Republiken Islands vägnar

Fyrir hönd Konungsríkisins Noregs
For Kongeriket Norge
Por el Reino de Noruega
Za Norské královstvi
For Kongeriget Norge
Für das Königreich Norwegen
Norra Kuningriigi nimel
Για το Βασίλειο της Νορβηγίας
For the Kingdom of Norway
Pour le Royaume de Norvège
Thar ceann Ríocht na hIorua
Per il Regno di Norvegia
Norvēģijas Karalistes vārdā
Norvegijos Karalystės vardu
A Norvég Királyság részéről
Ghar-Renju tan-Norveġja
Voor het Koninkrijk Noorwegen
W imieniu Królestwa Norwegii
Pelo Reino da Noruega
Za Nórske kráľovstvo
Za Kraljevino Norveško
Norjan kuningaskunnan puolesta
På Konungariket Norges vägnar

21.10.2006

EN

Official Journal of the European Union

L 292/15

ANNEX

L 292/16

EN

Official Journal of the European Union

21.10.2006

21.10.2006

EN

Official Journal of the European Union

L 292/17

L 292/18

EN

Official Journal of the European Union

21.10.2006

21.10.2006

EN

Official Journal of the European Union

L 292/19

Declaration by the Contracting Parties to the Agreement between the European Union and the Republic of Iceland
and the Kingdom of Norway on the surrender procedures between the Member States of the European Union and
Norway and Iceland:

‘The Contracting Parties agree to consult, as appropriate, when the Republic of Iceland or the Kingdom of Norway or one
of the Member States of the European Union considers that there is occasion to do so, to enable the most effective use to
be made of this Agreement, including with a view to preventing any dispute regarding the practical implementation
and interpretation of this Agreement. This consultation shall be organised in the most convenient way, taking into account
the existing structures of cooperation.’

Declaration by the European Union:

‘The European Union declares that the possibility pursuant to the second sentence of Article 9(2) to designate the Minister
of Justice as competent authority for the execution of an arrest warrant will be used only by the Federal Republic of Ger-
many, the Kingdom of Denmark, the Republic of Slovakia and the Kingdom of The Netherlands.

The European Union declares that the Member States will apply Article 20(3) and (4) in compliance with their national
rules for similar cases.’