Proposal for a Council Decision on the conclusion of the 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
Date: 2009-12-17
Institutions: European Commission
Subjects: European Union, Iceland, Norway, agreement (EU), criminal law, extradition, judicial cooperation, judicial proceedings, mutual recognition principle, signature of an agreement

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EUROPEAN COMMISSION 

Brussels, 17.12.2009 
COM(2009)705 final 

2009/0192 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the 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  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The agreement is aimed at improving the surrender procedure for the purpose of prosecution 
or execution of sentence between, on the one hand, the Member States and, on the other hand, 
Norway  and  Iceland,  by  taking  account  of,  as  minimum  standards,  the  terms  of  the 
Convention of 27 September 1996 relating to extradition between the Member States of the 
EU.  In  accordance  with  the  provisions  of  the  agreement,  the  contracting  parties  will  ensure 
that the extradition system will be based on a mechanism of surrender pursuant to an arrest 
warrant. 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.  

Following the opening of negotiations with Iceland and Norway with a view to extending to 
these countries the provisions of the 1996 EU Convention on Extradition which are not linked 
to Schengen, the mission statement was updated in 2002 after it was agreed that extradition 
within the EU would be replaced by a surrender procedure under the European arrest warrant. 
Despite the decision not to link the European arrest warrant to Schengen, the Council agreed 
that  it  would  be  useful  to  apply  the  surrender  procedure  model  to  the  Schengen  countries, 
given their privileged partnership with the EU Member States.  

The signing of the 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 was authorised by the Council in its Decision of 27 
June 2006 based on Articles 24 and 38 of the Treaty on European Union. 

The Agreement has not yet been concluded.  

With  the  entry  into  force  of  the  Lisbon  Treaty  on  1  December  2009,  the  procedures  to  be 
followed to that end by the European Union are governed by Article 218 of the Treaty on the 
Functioning of the European Union. 

The Agreement was signed more than 3 years ago and therefore it should now be concluded 
as soon as possible. 

Article  218(6)(a)  of  the  Treaty  on  the  Functioning  of  the  European  Union  states  that  in  the 
case  of  agreements  covering  fields  to  which  the  ordinary  legislative  procedure  applies,  the 
Council  shall  adopt  a  decision  concluding  the  agreement,  after  obtaining  the  consent  of  the 
European Parliament. 

The  Commission  therefore  recommends  to  the  Council,  after  obtaining  the  consent  of  the 
European  Parliament,  to  adopt  a  decision  concluding  the  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. 

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2009/0192 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the 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 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union  and  in  particular 
Article 82(1)(d), read in conjunction with Article 218(6)(a) thereof, 

Having regard to the proposal from the Commission,  

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

By  Council  Decision  of  10  July  2001  the  Council  authorised  the  Presidency  of  the 
Council,  assisted  by  the  Commission,  to  negotiate  Agreements  with  Norway  and 
Iceland on judicial cooperation in criminal matters on the basis of Articles 24 and 38 
of the Treaty on European Union. This decision was amended by Council Decision of 
19  December  2002.  The  Presidency,  assisted  by  the  Commission,  negotiated  an 
agreement  on  the  surrender  procedure  between  the  Member  States  of  the  European 
Union and Iceland and Norway.  

In accordance with Council Decision 2006/697/EC of 27 June 20061, the 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 was signed on 28 June 2006, subject to its conclusion at a later 
date..  

The  Agreement  has  not  yet  been  concluded. With  the  entry  into  force  of  the  Lisbon 
Treaty  on  1  December  2009,  the  procedures  to  be  followed  to  that  end  by  the 
European Union are governed by Article 218 of the Treaty on the Functioning of the 
European Union. 

The Agreement should be concluded. 

[In accordance with Article 3 of Protocol Nº 21 on the Position of the United Kingdom 
and  Ireland  in  respect  of  the  area  of  Freedom,  Security  and  Justice  annexed  to  the 
Treaty on European Union and the Treaty on the Functioning of the European Union, 

1 

OJ L 292, 21.10.2006, p. 1 

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the United Kingdom and Ireland have notified their wish to take part in the adoption of 
this Decision.] 

(6) 

In  accordance  with  Articles  1  and  2  of  Protocol  Nº  22  on  the  Position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  Functioning  of  the 
European Union, Denmark is not taking part in the adoption of this Decision and is not 
bound by the Agreement or subject to its application, 

HAS ADOPTED THIS DECISION: 

Article 1 

The 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, is hereby concluded. 

The text of the Agreement to be concluded is attached to this Decision. 

Article 2 

The President of the Council is shall designate the person empowered to proceed, on behalf of 
the  European  Union,  to  the  notification  provided  for  in  Article  38(1)  of  the  Agreement,  in 
order to express the consent of the European Union to be bound by the Agreement. 

Pm:  NOTIFICATIONS  AND  DECLARATIONS  TO  BE  MADE  AT  THE  TIME  OF 
NOTIFICATION ACCORDING TO ARTICLE 38(2) and (3) 

Article 3 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

The date of entry into force of the Agreement shall be published in the Official Journal of the 
European Union. 

Done at Brussels, 

For the Council 
[The President] 

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