Select Committee on European Scrutiny Twenty-Third Report


20 EUROPEAN ARREST WARRANT

(a)
(24499 )
9114/03
COM(03)253


(b)
(24547)
9114/1/03

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.


Legal baseArticle 34(2)(a) EU; unanimity
Document originated(a) 6 May 2003
(b) 16 May 2003
Deposited in Parliament (a) 9 May 2003
(b) 21 May 2003
DepartmentHome Office
Basis of consideration EM of 22 May 2003
Previous Committee Report None; but see HC 152-xvii (2001-02) (30 January 2002)
To be discussed in Council 5/6 June 2003
Committee's assessmentLegally and politically important
Committee's decision(Both) Cleared

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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