Suspect in third Member State
180. As is envisaged by the Framework Decision,
it is possible that a suspect may go to a third Member State (i.e.
a Member State other than the executing State) and the question
then arises of his being arrested there. We asked the Commission
under what authority such an arrest would be made, given that
that Member State would not until then be formally involved in
any ESO process. The Commission's text is again silent and once
more the Commission has presumed that Member States will fill
in the gaps.
181. Mr Csonka, for the Commission, said:
"We believe that when Member States transpose and implement
this Framework Decision, in particular Article 17, paragraph 3,
they will have to provide for the possibility of arresting the
person who is being sought. So it will be under the authority
of the national legislation transposing that Framework Decision"
182. We believe that this position is unsatisfactory.
There is a need for certainty and clarity in the Framework Decision
as well as for consistency on the part of Member States in giving
effect to its provisions. Articles 17 and 18 therefore need to
be specific as to the responsibility and obligations of Member
States other than the executing State where the arrest and transfer
of the suspect has been ordered by the issuing State.