20 EUROPEAN ARREST WARRANT
(a)
(24499 )
9114/03
COM(03)253
(b)
(24547)
9114/1/03
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Draft Council common position on notifying the Council of Europe, pursuant
to Article 28(3) of the European Convention on Extradition of 13 December
1957, of the application by the Member States, as between themselves, of
the European arrest warrant.
Draft Council common position on notifying the Council of Europe, pursuant
to Article 28(3) of the European Convention on Extradition of 13 December
1957, of the application by the Member States, as between themselves, of
the European arrest warrant.
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| Legal base | Article 34(2)(a) EU; unanimity
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| Document originated | (a) 6 May 2003
(b) 16 May 2003
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| Deposited in Parliament |
(a) 9 May 2003
(b) 21 May 2003 |
| Department | Home Office
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| Basis of consideration |
EM of 22 May 2003 |
| Previous Committee Report |
None; but see HC 152-xvii (2001-02) (30 January 2002)
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| To be discussed in Council
| 5/6 June 2003 |
| Committee's assessment | Legally and politically important
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| Committee's decision | (Both) Cleared
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Background
20.1 The Council adopted a framework decision on the
European Arrest Warrant (EAW) on 13 June 2002.[41]
The framework decision is due to be implemented by the Member
States by 31 December 2003 and provides for extradition between
the Member States of convicted persons and defendants in a range
of criminal proceedings. By virtue of Article 31(1) of the framework
decision, the EAW is to replace the existing extradition arrangements
between Member States under the European Convention on Extradition
of 13 December 1957 and its additional protocols of 15 October
1975 and 17 March 1978 and the European Convention on the suppression
of terrorism.
20.2 Article 28(3) of the European Convention
on Extradition provides that two or more Contracting Parties are
free to regulate their mutual relations on the basis of a uniform
law, or on the basis of provisions for the mutual execution of
warrants of arrest, notwithstanding the provisions of the Convention.
Where Contracting States wish to exclude the application of the
Convention as between themselves, they are to notify the Secretary
General of the Council of Europe accordingly.
The draft common position
20.3 The draft common position sets out
an agreement by the Member States to give a notification to the
Secretary General of the Council of Europe, pursuant to Article
28(3) of the Extradition Convention, that the Member States will
regulate their mutual relations in the field of extradition on
the basis of the framework decision establishing the European
Arrest Warrant, rather than on the 1957 European Convention. Document
(a) is an earlier version of the draft common position, which
has been superseded by the current version, document (b).
20.4 In addition to setting out the above
notification, Article 1 of the common position indicates that
each Member State will notify the Council of Europe of any specific
circumstances arising from the adoption of the European Arrest
Warrant that may affect the operation of the 1957 Convention relating
to the Member State concerned. One such circumstance is the fact
that, by reason of the declarations which France, Italy and Austria
have made under Article 31(2) of the Framework Decision, the provisions
of the European Convention on Extradition will continue to apply
to the execution of extradition requests in respect of crimes
committed prior to 1 November 1993 in the case of France and 7
August 2002 in the cases of Italy and Austria.
The Government's view
20.5 In his Explanatory Memorandum of 22
May, the Parliamentary Under-Secretary of State at the Home Office
(Mr Bob Ainsworth) explains that the common position has been
proposed in order to allow all 15 Member States to inform the
Secretary General of the Council of Europe that the European Convention
on Extradition will no longer apply in their mutual extradition
relations. The Minister explains that the Government supports
the proposal, as it would simplify and clarify the notification
process as well as avoid duplication of effort.
20.6 The Minister also explains that the
UK will need to enter a reservation to the common position by
notifying the Secretary General of the specific circumstances
relating to the British Overseas Territories. Currently, the European
Convention on Extradition applies between those Territories (other
than Gibraltar) and those Council of Europe states (including
some EU Member States) which have accepted the UK's declaration
under the Convention applying it to the Territories. The Minister
explains that the UK wishes to continue this arrangement, so that
the Government will be making its own notification to the Council
of Europe on the point.
20.7 The Minister adds that the European
Convention on Extradition does not apply to Gibraltar, although
it is a territory to which the European Arrest Warrant will apply.
There is therefore no need for the case of Gibraltar to be included
in the notification or to be mentioned in any reservation to the
common position.
Conclusion
20.8 We agree with the Minister that
the common position will simplify and clarify the process of making
notifications under the European Convention on Extradition. We
note that extradition relations between Member States and British
Overseas Territories will continue to be governed by the European
Convention on Extradition, and will not be replaced by the European
Arrest Warrant.
20.9 We have
no questions to put to the Minister and we are content to clear
the documents.
41 OJ No L190 of 18.7.2002, p.1. Back
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