Notifications under Part Three – Law Enforcement and Judicial Cooperation in Criminal Matters of the Trade and Cooperation Agreement between the European Union and the United Kingdom – Review of the notifications made to the United Kingdom as part of the joint review of Part Three of the Trade and Cooperation Agreement (Article 630 TCA)
Date: 2025-12-02
Institutions: Council of the European Union
Subjects: EAEC, EU Member State, United Kingdom, application of the law, cooperation agreement (EU), extradition, judicial cooperation, judicial cooperation in criminal matters in the EU, trade agreement, trade agreement (EU)








C_202506451EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/6451


2.12.2025






Notifications under Part Three – Law Enforcement and Judicial Cooperation in Criminal Matters of the Trade and Cooperation Agreement between the European Union and the United Kingdom – Review of the notifications made to the United Kingdom as part of the joint review of Part Three of the Trade and Cooperation Agreement (Article 630 TCA)
(C/2025/6451)

In accordance with Article 630 of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (the ‘Trade and Cooperation Agreement’), the European Union has considered the need to maintain, withdraw or newly make, as applicable, the notifications made under Article 599(4), Article 602(2) and Article 603(2) of the Trade and Cooperation Agreement.
The European Union hereby notifies the Specialised Committee on Law Enforcement and Judicial Cooperation of the following:
1.   NOTIFICATION UNDER ARTICLES 599 (4) TCA and 602 (2) TCA

The European Union, on behalf of its Member States, notifies that the existing notifications under Articles 599(4) TCA and 602 (2) TCA remain unchanged.
2.   NOTIFICATION UNDER ARTICLE 603 (2) TCA

The European Union makes, on behalf of the following Member States, the following notifications:






a)


The following State’s own nationals will not be surrendered by that State:

Germany, Greece, France, Croatia, Latvia, Slovenia, Slovakia, Finland, Sweden.

France will also not surrender a person who was a French national when the act was committed.










b)


The following States condition surrender of their own nationals:

Czech Republic and Austria will not surrender an own national unless the requested person consents to the surrender.

Estonia: Estonia surrenders its citizens only under certain conditions. Estonia will not surrender Estonian citizens for the execution of imprisonment if the person applied for enforcement of the punishment in Estonia. Estonia will surrender its citizens who reside permanently in Estonia for the duration of the criminal proceedings only on the condition that the punishment imposed on a person in the United Kingdom is enforced in Estonia.

Cyprus: The surrender of citizens of the Republic of Cyprus will only be authorised on the basis of reciprocity.

Luxembourg: The surrender of its nationals will be authorised:






i)


on the basis of reciprocity, and










ii)


only on the condition that the requested person, at his or her request and with the agreement of the Prosecutor General of the Grand-Duchy of Luxembourg, will be returned to the Grand-Duchy of Luxembourg to serve the custodial sentence or detention order passed in the issuing State.





The Netherlands
                      (1): Surrender following an arrest warrant for the purpose of prosecution is not authorised in the event of a request for the surrender of a Dutch national. Dutch nationals can be surrendered for the purpose of conducting a criminal prosecution provided that the requesting State issues a guarantee that the person sought, in accordance with the Convention on the Transfer of Sentenced Persons, concluded on 21 March 1983 in Strasbourg, will be transferred back to the Netherlands in order to serve their sentence there after following the procedure referred to in Article 11 of the Convention, if a non-suspended custodial sentence or a detention order has been passed against them after surrender.

Poland: From August 3, 2023, a Polish national may be surrendered to the United Kingdom of Great Britain and Northern Ireland on the basis of an arrest warrant referred to in the Trade and Cooperation Agreement, provided that the act referred to in the arrest warrant was committed outside the territory of the Republic of Poland and outside a Polish ship or aircraft and this act constituted an offence under the law in force in the Republic of Poland or would have constituted an offence under the law in force in the Republic of Poland if it had been committed within the territory of the Republic of Poland, both at the time of its commitment at the time of the filling of the arrest warrant. Surrender of a Polish national will not be authorised if the arrest warrant has been issued against a person who is suspected of the commission of a crime for political reasons but without the use of force or if the execution of the arrest warrant would violate rights and freedoms of persons and citizens.










c)


The European Union notifies that the following Member States indicated to make no notification under the first sentence of Article 603(2) TCA (2)


Belgium, Denmark, Ireland, Italy, Malta











d)


The following States modified their notifications or added a new one:

Bulgaria does not intend to renew its notification under Article 603(2) TCA.

Hungary: Hungary renews its existing notification that under Article 603(2) TCA, where a person who is the subject of an arrest warrant for the purposes of prosecution is a national and resident of Hungary, the requested person shall only be surrendered if the issuing judicial authority gives an adequate guarantee that if a final custodial sentence or detention order is imposed, the requested person, at his or her request, will be returned to Hungary to serve the custodial sentence or detention order passed against him in the issuing State. Hungary adds to its renewed notification that where a person who is the subject of an arrest warrant for a purpose of execution of an imprisonment sentence is a national and resident of Hungary, the requested person shall only be surrendered if he or she consents his or her surrender.

Lithuania: The surrender of citizens of the Republic of Lithuania will be authorised on the basis of reciprocity. If an arrest warrant is issued for the purposes of criminal prosecution, a citizen of the Republic of Lithuania shall be surrendered on condition that after the court delivers a judgement in the country issuing the arrest warrant, the person will be transferred to the Republic of Lithuania to serve the custodial sentence, if the person concerned requests so.

Portugal: Portugal only surrenders its nationals on the basis of reciprocity and for the purposes of conducting a criminal prosecution, and provided that the United Kingdom gives assurances that it will return the requested person after being heard to Portugal to serve there the custodial sentence or detention order passed against him/her in the United Kingdom.

Romania: Surrender of nationals for the purpose of investigation/prosecution shall be carried out on condition that, if a custodial sentence is rendered, the person surrendered shall be transferred back to Romania. When the arrest warrant was issued for the purpose of enforcement of a custodial sentence or a measure involving deprivation of liberty, surrender will be refused if the requested person is a Romanian national and he/she declares that he/she refuses to execute the sentence in the issuing state. In this case, the judgment can be recognized in Romania.

Spain: The surrender of nationals will only be authorised on the basis of reciprocity.






(1)  It is recalled that in accordance with its Article 774 the TCA does not apply to the Caribbean part of the Netherlands (Bonaire, Saba, Sint Eustatius) or to the autonomous countries within the Kingdom of the Netherlands (Aruba, Curaçao, Sint Maarten).

(2)  Without prejudice to the possibility under the third sentence of Article 603(2) TCA [LAW.SURR.83(2).]


ELI: http://data.europa.eu/eli/C/2025/6451/oj
ISSN 1977-091X (electronic edition)