S.I. No. 9/2009 - Extradition Act 1965 (Application of Part II) (Amendment) Order 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th January, 2009.

WHEREAS by the Agreement Between the Government of Ireland and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China concerning Surrender of Fugitive Offenders, the terms of which are set out in Schedule 9A of the Extradition Act (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (inserted by Article 2(a) of, and Schedule 1 to, this Order), done at Dublin on the 5th day of October 2007 (referred to subsequently in these recitals as “the Hong Kong Agreement”), an arrangement was made with the Hong Kong Special Administrative Region of the People’s Republic of China for the surrender of persons wanted for prosecution or punishment for an offence specified in Article 2 thereof;

AND WHEREAS the terms of the Hong Kong Agreement were approved by Dáil Éireann by resolution passed by it on the 21st day of November 2007;

AND WHEREAS by a note dated the 2nd day of July 2008, the Hong Kong Special Administrative Region of the People’s Republic of China has, in accordance with the Hong Kong Agreement, notified the State that its requirements for the entry into force of the Hong Kong Treaty have been complied with;

AND WHEREAS by a note dated the 15th day of December 2008, the State has, in accordance with the Hong Kong Agreement, notified the Hong Kong Special Administrative Region of the People’s Republic of China that its requirements for the entry into force of the Hong Kong Treaty have been complied with;

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 ), certain additional reservations have been entered to the Protocol, done at Montreal on the 24th day of February 1988, for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on the 23rd day of September 1971 (referred to subsequently in these recitals as the “Montreal Protocol”), the Convention on the Physical Protection of Nuclear Material, opened for signature at Vienna and New York on the 3rd day of March 1980 (referred to subsequently in these recitals as the “Nuclear Material Convention”), the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, concluded at Vienna on the 20th day of December 1988 (referred to subsequently in these recitals as the “Drug Trafficking Convention”), the European Convention on the Suppression of Terrorism, done at Strasbourg on the 27th day of January 1977 (referred to subsequently in these recitals as the “Anti-Terrorism Convention”), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on the 10th day of December 1984 (referred to subsequently in these recitals as the “Convention Against Torture”), the Criminal Law Convention on Corruption, done at Strasbourg on the 27th day of January 1999 (referred to subsequently in these recitals as the “Convention on Corruption”), the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on the 10th day of March 1988 (referred to subsequently in these recitals as the “Maritime Safety Convention”), the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on the 10th day of March 1988 (referred to subsequently in these recitals as the “Fixed Platforms Protocol”), the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on the 17th day of December 1979 (referred to subsequently in these recitals as the “Hostages Convention”), the International Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents, adopted at New York on the 14th day of December 1973 (referred to subsequently in these recitals as the “Convention on Crimes against Internationally Protected Persons”), the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on the 15th day of December 1997 (referred to subsequently in these recitals as the “Convention on Terrorist Bombings”) and the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on the 9th day of December 1999 (referred to subsequently in these recitals as the “Convention on Financing Terrorism”), the texts of which are set out in Part B of Schedule 4, Part B of Schedule 5, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No.173 of 2002 )), Part B of Schedule 7D (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 )), Part B of Schedule 7E (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2004 ( S.I. No. 587 of 2004 )), Part B of Schedule 7F (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2004 ( S.I. No. 587 of 2004 )), Part B of Schedule 7G (inserted by the Extradition Act (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 )), Part B of Schedule 7H (inserted by the Extradition Act (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 )), Part B of Schedule 7I (inserted by the Extradition Act (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 )), and Part B of Schedule 7J (inserted by the Extradition Act (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 )) of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 2 of, and Schedule 2 to, this Order);

AND WHEREAS, since the making of the Extradition Act 1965 (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 ), certain additional declarations have been made in relation to the European Convention on Extradition, done at Paris on the 13th day of December 1957, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on the 23rd day of September 1971, the Montreal Protocol, the Nuclear Material Convention, the Drug Trafficking Convention, the Anti-Terrorism Convention, the Convention Against Torture, the Convention on the Safety of United Nations and Associated Personnel, done at New York on the 9th day of December 1994, the Convention on Corruption, the Maritime Safety Convention, the Fixed Platforms Protocol, the Hostages Convention, the Convention on Crimes against Internationally Protected Persons, the Convention on Terrorist Bombings and the Convention on Financing Terrorism, the texts of which are set out in Part C of Schedule 1, Part B of Schedule 3, Part B of Schedule 4, Part B of Schedule 5, Part B of Schedule 6, Part B of Schedule 7, Part C of Schedule 7A, Part B of Schedule 7B (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No.173 of 2002 )), Part B of Schedule 7D, Part B of Schedule 7E, Part B of Schedule 7F, Part B of Schedule 7G, Part B of Schedule 7H, Part B of Schedule 7I and Part B of Schedule 7J, of the Extradition Act 1965 (Application of Part II) Order 2000 ( S.I. No. 474 of 2000 ) (as amended by Article 2 of, and Schedule 2 to, this Order);

NOW I, MICHEÁL MARTIN, Minister for Foreign Affairs, in the exercise of the powers conferred on me by section 8 (amended by section 49 of the European Arrest Warrant Act 2003 (No. 45 of 2003)) of the Extradition Act 1965 (No. 17 of 1965) and after consultation with the Minister for Justice, Equality and Law Reform, hereby order as follows:

1.

• (2) This Order comes into operation on the 14th day of January 2009.

2.

• (a) the insertion of the Schedule set out in Schedule 1 to this Order,

• (b) the insertion, in Part C of Schedule 1, of the declarations set out in Part A of Schedule 2 to this Order,

• (c) the insertion, in Part B of Schedule 3, of the declaration set out in Part B of Schedule 2 to this Order,

• (d) the insertion, in Part B of Schedule 4, of the reservation and declaration set out in Part C of Schedule 2 to this Order,

• (e) the insertion, in Part B of Schedule 5, of the reservations and declarations set out in Part D of Schedule 2 to this Order,

• (f) the insertion, in Part B of Schedule 6, of the reservations and declarations set out in Part E of Schedule 2 to this Order,

• (g) the insertion, in Part B of Schedule 7, of the reservations and declarations set out in Part F of Schedule 2 to this Order,

• (h) the insertion, in Part C of Schedule 7A (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002 ( S.I. No.173 of 2002 )), of the reservations and declarations set out in Part G of Schedule 2 to this Order,

• (i) the insertion, in Part B of Schedule 7B (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2002), of the declarations set out in Part H of Schedule 2 to this Order,

• (j) the insertion, in Part B of Schedule 7D (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2003 ( S.I. No. 479 of 2003 )), of the reservations and declarations set out in Part I of Schedule 2 to this Order,

• (k) the insertion, in Part B of Schedule 7E (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2004 ( S.I. No. 587 of 2004 )), of the reservations and declarations set out in Part J of Schedule 2 to this Order,

• (l) the insertion, in Part B of Schedule 7F (inserted by the Extradition Act 1965 (Application of Part II) (Amendment) Order 2004), of the reservations and declarations set out in Part K of Schedule 2 to this Order,

• (m) the insertion, in Part B of Schedule 7G (inserted by the Extradition Act (Application of Part II) (Amendment) Order 2005 ( S.I. No. 374 of 2005 )), of the reservations and declarations set out in Part L of Schedule 2 to this Order,

• (n) the insertion, in Part B of Schedule 7H (inserted by the Extradition Act (Application of Part II) (Amendment) Order 2005), of the reservations and declarations set out in Part M of Schedule 2 to this Order,

• (o) the insertion, in Part B of Schedule 7I (inserted by the Extradition Act (Application of Part II) (Amendment) Order 2005), of the reservations and declarations set in Part N of Schedule 2 to this Order,

• (p) the insertion, in Part B of Schedule 7J (inserted by the Extradition Act (Application of Part II) (Amendment) Order 2005), of the reservations and declarations set out in Part O of Schedule 2 to this Order,

• (q) the insertion in paragraph 1(1) of Schedule 10 of the following definition:

“ ‘Hong Kong Agreement’ means the Agreement Between the Government of Ireland and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China concerning Surrender of Fugitive Offenders, done at Dublin on the 5th day of October, 2007;”, and

• (r) the substitution of the Table set out in Schedule 3 to this Order for the Table (inserted by Article 2(n) of, and Schedule 6 to, the Extradition Act 1965 (Application of Part II) (Amendment) Order 2005) set out in Schedule 10.

SCHEDULE 1

“Schedule 9A AGREEMENT BETWEEN THE GOVERNMENT OF IRELAND AND THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING SURRENDER OF FUGITIVE OFFENDERS

done at Dublin on the 5th day of October 2007

The Government of Ireland and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong Special Administrative Region”) having been duly authorised to conclude this agreement by the Central People’s Government of the People’s Republic of China (hereinafter referred to as “the Parties”),

Desiring to make provision for the reciprocal surrender of fugitive offenders;

Have agreed as follows:

ARTICLE 1

OBLIGATION TO SURRENDER

• (1) The Parties agree to surrender to each other, subject to the provisions laid down in this Agreement and in accordance with the law of the requested Party, any person who is found in the jurisdiction of the requested Party and who is wanted by the requesting Party for prosecution or for the imposition or enforcement of a sentence in respect of an offence described in Article 2.

• (2) References in this Agreement to “surrender”, “surrender of a fugitive offender” or “surrender of fugitive offenders” shall for the purposes of the law of Ireland be interpreted as “extradition” or “extradite”.

ARTICLE 2

OFFENCES

• (1) Surrender shall be granted for an offence coming within any of the following descriptions of offences in so far as it is according to the laws of both Parties punishable by imprisonment or other form of detention for one year or more, or by a more severe penalty:

  • (i) murder (including attempted murder) or manslaughter, including criminal negligence causing death;

  • (ii) aiding, abetting, counselling or procuring suicide;

  • (iii) maliciously wounding; maiming; inflicting grievous or actual bodily harm; assault causing harm or causing serious harm to another person, threats to kill; intentional or reckless endangering of life whether by means of a weapon, a dangerous substance or otherwise, offences relating to unlawful wounding or injuring;

  • (iv) offences of a sexual nature including rape; sexual assault; indecent assault; unlawful sexual acts on children; child pornography; statutory sexual offences;

  • (v) gross indecency with a child, a mental defective or an unconscious person;

  • (vi) kidnapping; abduction; false imprisonment; unlawful confinement; dealing or trafficking in slaves or other persons; taking a hostage;

  • (vii) criminal intimidation;

  • (viii) offences against the law relating to illegal drugs including narcotics and psychotropic substances and precursors and essential chemicals used in the illegal manufacture of narcotic drugs and psychotropic substances and offences related to the proceeds of drug trafficking;

  • (ix) obtaining property or pecuniary advantage by deception; theft; robbery; burglary (including breaking and entering); embezzlement; blackmail; extortion; unlawful handling or receiving of property; false accounting; any other offence in respect of property or fiscal matters involving fraud; any offence against the law relating to unlawful deprivation of property;

  • (x) offences against bankruptcy law or insolvency;

  • (xi) offences against the law relating to companies including offences committed by officers, directors, and promoters;

  • (xii) offences relating to securities and futures trading;

  • (xiii) any offence relating to counterfeiting; any offence against the law relating to forgery or uttering what is forged;

  • (xiv) an offence against the laws relating to protection of intellectual property, copyrights, patents or trademarks;

  • (xv) an offence against the law relating to bribery, corruption, secret commissions, and breach of trust;

  • (xvi) perjury and subornation of perjury;

  • (xvii) offences relating to the perversion or obstruction of the course of justice;

  • (xviii) arson; criminal damage including offences in relation to computer data;

  • (xix) an offence against the law relating to firearms;

  • (xx) an offence against the law relating to explosives;

  • (xxi) an offence against laws relating to environmental pollution or protection of public health;

  • (xxii) mutiny or any mutinous act committed on board a vessel at sea;

  • (xxiii) piracy involving ships or aircraft, according to international law;

  • (xxiv) unlawful seizure or exercise of control of an aircraft or other means of transportation;

  • (xxv) genocide or direct and public incitement to commit genocide;

  • (xxvi) facilitating or permitting the escape of a person from lawful custody;

  • (xxvii) an offence against the laws relating to the control of exportation or importation of goods of any type, or the international transfer of funds;

  • (xxviii) smuggling; offences against the laws relating to import and export of prohibited items, including historical and archaeological items and wildlife and endangered species;

  • (xxix) immigration offences including fraudulent acquisition or use of a passport or visa;

  • (xxx) arranging or facilitating for financial gain, the illegal entry of persons into the jurisdiction of the requesting Party;

  • (xxxi) an offence relating to gambling or lotteries;

  • (xxxii) offences relating to the unlawful termination of pregnancy;

  • (xxxiii) stealing, abandoning, neglecting or unlawfully detaining a child: any other offence involving the exploitation of children;

  • (xxxiv) offences against the laws relating to prostitution and premises kept for the purposes of prostitution;

  • (xxxv) offences involving the unlawful use of computers;

  • (xxxvi) revenue offences, including offences relating to fiscal matters, taxes or duties and customs;

  • (xxxvii) offences relating to the unlawful escape from custody;

  • (xxxviii) bigamy;

  • (xxxix) any offence against the law relating to false or misleading trade descriptions;

  • (xl) offences relating to the possession or laundering of proceeds obtained from the commission of any offence for which surrender may be granted under this Agreement;

  • (xli) impeding the arrest or prosecution of a person who has or is believed to have committed an offence for which surrender may be granted under this Agreement;

  • (xlii) offences for which fugitive offenders may be surrendered under international conventions binding on the Parties; offences created as a result of decisions of international organisations which are binding on the Parties;

  • (xliii) conspiracy to commit fraud or to defraud;

  • (xliv) torture;

  • (xlv) conspiracy to commit any offence for which surrender may be granted under this Agreement;

  • (xlvi) aiding, abetting, counselling or procuring the commission of, inciting, being an accessory before or after the fact to, or attempting to commit any offence for which surrender may be granted under this Agreement;

  • (xlvii) any other offence for which surrender may be granted in accordance with the law of the requested Party.

• (2) A revenue offence is an extraditable offence. For the purposes of this Agreement, “revenue offence” means an offence connected with taxes or duties even where the requested Party does not impose the same kind of tax or duty or its law does not contain the same type of rules as regards taxes, duties and customs as the requesting Party.

• (3) Where surrender is requested for the purpose of carrying out a sentence, a further requirement shall be that in the case of a period of imprisonment or detention at least six months remain to be served.

• (4) For the purposes of this Article, in determining whether an offence is an offence punishable under the laws of both Parties the totality of the acts or omissions alleged against the person whose surrender is sought shall be taken into account.

• (5) For the purposes of paragraph (1) of this Article, an offence shall be an offence according to the laws of both Parties if the conduct constituting the offence was an offence against the law of the requesting Party at the time it was committed and is an offence against the law of both Parties at the time the request for surrender is received.

• (6) Where the surrender of a fugitive offender is requested for the purpose of carrying out a sentence the requested Party may refuse to surrender him or her if it appears that the conviction was obtained in his or her absence, unless he or she has the opportunity to have his or her case retried in his or her presence, in which case he or she shall be considered as an accused person under this Agreement.

ARTICLE 3

SURRENDER OF NATIONALS

• (1) The Government of Ireland reserves the right to refuse the surrender of its nationals. The Government of the Hong Kong Special Administrative Region reserves the right to refuse the surrender of nationals of the People’s Republic of China.

• (2) Where the requested Party exercises this right, the requesting Party may request that the case be submitted to the competent authorities of the requested Party in order that proceedings for prosecution of the person may be considered.

ARTICLE 4

BASIS FOR SURRENDER

A fugitive offender shall be surrendered only if:

- (*a*) for an accused person, there is sufficient evidence provided, according to the law of the requested Party, to justify the committal for trial of the person sought if the offence of which he or she is accused were committed in the territory of the requested Party; or

- (*b*) in the case of a person already convicted, there is sufficient information provided showing that the sentence is enforceable and that he or she is the person convicted.

  **ARTICLE 5**

  **MANDATORY REFUSAL OF SURRENDER**

• (1) A fugitive offender shall not be surrendered if the requested Party has substantial grounds for believing:

  • (a) that the offence of which the person is accused or was convicted is a political offence or an offence of a political character in accordance with the law of the requested Party;

  • (b) that the request for surrender (though purporting to be made on account of an offence for which surrender may be granted) is in fact made for the purpose of prosecution or punishment on account of race, religion, nationality, political opinions, sex, sexual orientation, language or ethnic origin;

  • (c) that the person might, if returned, be prejudiced at that person’s trial or punished, detained or restricted in his or her personal liberty by reason of race, religion, nationality, political opinions, sex, sexual orientation, language or ethnic origin;

• (2) A person shall not be surrendered if final judgement has been passed in the requested Party upon the person sought in respect of an offence for which his or her surrender has been requested.

• (3) Surrender shall not be granted if the offence for which surrender is sought is an offence under military law which is not also an offence under ordinary criminal law.

• (4) Surrender shall not be granted where the offence for which surrender is sought is punishable according to the law of the requesting Party by the death penalty.

ARTICLE 6

DISCRETIONARY REFUSAL OF SURRENDER

• (1) Surrender may be refused if the requested Party considers that:

  • (a) there has been excessive delay, for reasons which cannot be imputed to the person sought, in bringing charges, in bringing the case to trial or in making the person serve his or her sentence or the remainder thereof;

  • (b) the offence for which surrender is sought was committed within the jurisdiction of its courts;

  • (c) the surrender might place that Party in breach of its obligations under international treaties; or

  • (d) in the circumstances of the case, the surrender would be incompatible with humanitarian considerations in view of the age, health or other personal circumstances of the person sought.

• (2) Surrender may be refused if the offence for which surrender is sought was committed within the jurisdiction of the courts of the requested Party and proceedings for prosecution of the person for that offence are pending.

• (3) Surrender may be refused where the person sought has been finally acquitted or convicted in a third country for the same offence for which surrender is requested and, if convicted, the sentence imposed has been fully enforced or is no longer enforceable.

ARTICLE 7

POSTPONEMENT OF SURRENDER

If the person sought is being proceeded against or is under punishment in the jurisdiction of the requested Party for any offence other than that for which surrender is requested, surrender may be granted or deferred until the conclusion of the proceedings and the execution of any punishment imposed.

ARTICLE 8

THE REQUEST AND SUPPORTING DOCUMENTS

• (1) A request for surrender shall be in writing. A request and any related documents may be communicated directly between the competent authorities of the Parties.

• (2) A request for surrender shall be made:

  • (a) in the case of Ireland, to the Minister for Justice, Equality and Law Reform;

  • (b) in the case of Hong Kong Special Administrative Region, to the Department of Justice,

  and these shall be deemed to be the competent authorities of the Parties for the purposes of paragraph 1.

  Either Party may change its competent authority, in which case it shall notify the other Party of the change.

• (3) The request shall be accompanied by:

  • (a) as accurate a description as possible of the person sought, together with any other information which would help to establish that person’s identity, nationality and location;

  • (b) a statement of each offence for which surrender is sought and a statement of the acts and omissions which are alleged against the person in respect of each offence, including the place and date of commission; and

  • (c) the text or copies of the legal provisions, if any, creating the offence, and a statement of the punishment which can be imposed therefor and any time limit on the institution of proceedings, or on the execution of any punishment for that offence.

• (4) If the request relates to an accused person it shall also be accompanied by the original or a copy of the warrant of arrest issued by a judge, magistrate or other competent authority of the requesting Party and by the evidence required under Article 4(a).

• (5) If the request relates to a person already convicted or sentenced, it shall also be accompanied by:

  • (a) the original or a copy of the certificate of the conviction or sentence; and

  • (b) if the person was convicted but not sentenced, a statement to that effect by the appropriate court and a copy of the warrant of arrest; or

  • (c) if the person was sentenced, a statement indicating that the sentence is enforceable and how much of the sentence has still to be served.

  ARTICLE 9

  AUTHENTICATION

• (1) Documents supporting a request for surrender shall be admitted in evidence as proof of the facts contained therein if duly authenticated. Documents are duly authenticated if they purport to be:

  • (a) signed or certified by a judge, magistrate or an official of the requesting Party, and

  • (b) sealed with the official seal of a competent authority of the requesting Party.

• (2) Any certified translation of documents or any certified copy thereof submitted in support of a request for surrender provided by the requesting Party shall be admitted for all purposes in proceedings for surrender.

ARTICLE 10

LANGUAGE OF DOCUMENTATION

All documents submitted in accordance with this Agreement shall be in, or translated into, an official language of the requested Party.

ARTICLE 11

ADDITIONAL INFORMATION

• (1) If the information communicated by the requesting Party is found to be insufficient to allow the requested Party to make a decision in pursuance of this Agreement, the latter Party may request the necessary supplementary information and may fix a time-limit for receipt thereof.

• (2) If the person whose surrender is sought is in custody and the additional information furnished is not sufficient in accordance with this Agreement or is not received within the time specified, the person may be discharged. Such discharge shall not preclude the requesting Party from making a fresh request for the surrender of the person.

• (3) Where the person is released from custody in accordance with paragraph (2), the requested Party shall notify the requesting Party as soon as possible of that fact.

ARTICLE 12

PROVISIONAL ARREST

• (1) In urgent cases the person sought may, at the discretion of the requested Party and in accordance with its law, be provisionally arrested on the application of the requesting Party.

• (2) The application for provisional arrest shall contain a statement as to why the matter is urgent, a statement of intention to request the surrender of the person sought, and the text of a warrant of arrest or a judgment of conviction against that person, a statement of the offence and the penalty for that offence, a statement of the brief facts of the case and details identifying that person.

• (3) An application for provisional arrest may be transmitted by any means affording a record in writing. It may be made through the International Criminal Police Organisation (Interpol) or directly between the competent authorities specified in Article 8.

• (4) The provisional arrest of the person sought shall be terminated if the request for surrender and supporting documents have not been received within the time periods laid down under the law of the requested Party. The release of a person pursuant to this paragraph shall not prevent the institution or continuation of surrender proceedings if the request and the supporting documents are received subsequently.

ARTICLE 13

CONCURRENT REQUESTS

If the surrender of a person is requested concurrently by one of the Parties and a State with whom Ireland or the Hong Kong Special Administrative Region, whichever is being requested, has agreements or arrangements for the surrender of accused and convicted persons, the requested Party shall make its decision having regard to all the circumstances including the provisions in this regard in any agreements in force between the requested Party and the requesting parties, the relative seriousness, date and place of commission of the offences, the respective dates of the requests, the nationality and ordinary place of residence of the person sought and the possibility of subsequent surrender to another state, and notify the other party of its decision in the event of surrender of the person to another jurisdiction.

ARTICLE 14

REPRESENTATION AND COSTS

• (1) The requested Party shall make all necessary arrangements for and meet the costs of any proceedings arising out of a request for surrender and shall otherwise represent the interests of the requesting Party.

• (2) If it becomes apparent that exceptional expenses may be incurred as a result of a request for surrender the Parties shall consult with a view to deciding how these expenses will be met.

• (3) The requested Party shall bear the expenses incurred in its territory arising out of the arrest and detention of the person whose surrender is sought until that person is surrendered. The requesting Party shall bear all subsequent expenses, including the expenses incurred in conveying the person from the jurisdiction of the requested Party.

ARTICLE 15

ARRANGEMENTS FOR SURRENDER

• (1) The requested Party shall, as soon as a decision on the request for surrender has been made, communicate that decision to the requesting Party.

• (2) Where surrender is granted, the requested Party shall surrender the person in accordance with arrangements agreed to between the competent authorities of the Parties.

• (3) Subject to the provisions of paragraph (4) of this Article, the requesting Party shall remove the person within the period specified by the requested Party and if the person is not removed within that period the requested Party may refuse to surrender that person for the same offence.

• (4) If circumstances beyond its control prevent a Party from surrendering or taking over the person to be surrendered, it shall notify the other Party. In that case, the two Parties shall agree a new date for surrender and the provisions of paragraph (3) of this Article shall apply.

ARTICLE 16

TRANSFER OF PROPERTY

• (1) To the extent permitted under the law of the requested Party, when a request for surrender of a fugitive offender is granted, the requested Party:

  • (a) shall, if the requesting Party so requests, hand over to the requesting Party all articles, including sums of money,

    • (i) which may be required as evidence; or

    • (ii) which have been acquired by the person sought as a result of the offence and are in that person’s possession or are discovered subsequently,

    and which have been specified by the requesting Party,

  • (b) may, if the articles in question are liable to seizure or confiscation within the jurisdiction of the requested Party in connection with pending proceedings, temporarily retain them or hand them over on condition they are returned.

• (2) The rights of the requested Party or of third parties in the property shall be preserved. When such rights exist the articles shall on request be returned to the requested Party without charge as soon as practicable after the end of the proceedings.

• (3) Subject to the terms of this Article, the articles in question shall, if the requesting Party so requests, be handed over to that Party even if the surrender cannot be carried out due to the death or escape of the person sought.

ARTICLE 17

SPECIALTY AND RESURRENDER

• (1) A fugitive offender who has been surrendered shall not be proceeded against, sentenced, detained or subjected to any other restriction of personal liberty by the requesting Party for any offence committed prior to his or her surrender other than:

  • (a) the offence or offences in respect of which his or her surrender was granted;

  • (b) an offence, however described, based on substantially the same facts in respect of which his or her surrender was granted, provided such offence is one for which he or she could be surrendered under this Agreement, and provided further such offence is punishable by a penalty no more severe than the penalty for the offence for which he or she was surrendered;

  • (c) any other offence for which surrender may be granted under this Agreement in respect of which the requested Party may consent to his or her being dealt with;

  unless he or she has first had an opportunity to exercise his or her right to leave the jurisdiction of the Party to which he or she has been surrendered and he or she has not done so within forty five days or has voluntarily returned to that jurisdiction having left it.

• (2) A fugitive offender who has been surrendered shall not be surrendered or transferred beyond the jurisdiction of the requesting Party for an offence committed prior to his or her surrender unless:

  • (a) the requested Party consents to that surrender; or

  • (b) he or she has first had an opportunity to exercise his or her right to leave the jurisdiction of the Party to which he or she has been surrendered and has not done so within forty five days or has voluntarily returned to that jurisdiction having left it.

• (3) A Party whose consent is requested under paragraphs (1)(c) or (2)(a) of this Article may require the submission of any document or statement referred to in Article 8, and any statement made by the surrendered person on the matter.

ARTICLE 18

SURRENDER BY CONSENT

• (1) If the person sought consents to surrender to the requesting Party, the requested Party may, in accordance with its law, surrender the person as expeditiously as possible without further proceedings.

• (2) The provisions of Article 17 shall apply to a person surrendered pursuant to this Article.

ARTICLE 19

TRANSIT

• (1) To the extent permitted by its law, transit through the jurisdiction of a Party may be granted on a request in writing.

• (2) The Party through whose jurisdiction transit will occur may request the information referred to in Article 8.

• (3) Permission for the transit of a person shall, subject to the law of the Party of transit, include permission for the person to be held in custody during transit.

• (4) In the case of an unscheduled landing, the request of an officer having custody of the person being surrendered while the person is being conveyed shall be sufficient to constitute a request under paragraph 1 of this Article.

• (5) Where a person is being held in custody pursuant to paragraph 3, the Party in whose territory the person is being held may direct that the person be released if his or her transportation is not continued within a reasonable time.

• (6) The Party who requested transit facilities shall reimburse the other Party for any exceptional expense incurred by that other Party in connection with the transit.

ARTICLE 20

ENTRY INTO FORCE SUSPENSION AND TERMINATION

• (1) This Agreement shall enter into force thirty days after the date on which the Parties have notified each other in writing that their respective requirements for the entry into force of the Agreement have been complied with.

• (2) The provisions of this Agreement shall apply to requests made after its entry into force regardless of the date of the commission of the offence or offences set out in the request.

• (3) Each of the Parties may suspend or terminate this Agreement at any time by giving notice to the other through the channel notified under paragraph (1) of Article 8. Suspension shall take effect on receipt of the relevant notice. In the case of termination this Agreement shall cease to have effect six months after the receipt of notice to terminate.

In witness whereof the undersigned, being duly authorised by their respective governments have signed this Agreement.

Done in duplicate at Dublin this 5th day of October Two Thousand and Seven in the English and Chinese and Irish languages, each text being equally authentic.

FOR THE GOVERNMENT OF IRELAND	FOR THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA”

SCHEDULE 2

PART A

“Austria

Declaration contained in a Note Verbale from the Permanent Representation of Austria, dated 18 March 2005, registered at the Secretariat General on 18 March 2005.

In accordance with Article 28, paragraph 3, of the Convention, Austria notifies that from 1 May 2004 it will apply the national legislation implementing the European Union Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) in relation to Contracting Parties which are Member States of the European Union and which already applied the EU Framework Decision on 1 May 2004, except requests relating to punishable acts committed partly or as a whole before 7 August 2002.

Belgium

Declaration contained in a letter from the Minister of Justice of Belgium, dated 20 April 2004, registered at the Secretariat General on 26 April 2004.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, Belgium declares that it applies the Law of 19 December 2003, implementing the European Union Council’s Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, to the arrest and surrender of all persons since 1 January 2004 in relations between Belgium and the Member States of the European Union. This Law shall apply also to relations between Belgium and the new Member States as from the date of their accession to the Union.

By way of exception, the European Convention on Extradition of 13 December 1957 and other conventions relating to extradition will continue to apply on a transitory basis:

1. with Member States which have not implemented the Framework Decision as from 1 January 2004 or on the date of their accession, and until these States will have notified to the Secretariat General of the Council of the European Union that they have put themselves into conformity;

2. for the surrender to Belgium (as requesting State) of persons:

a) sought after for acts committed before 1 November 1993 and arrested in France;

b) sought after for acts committed before 7 August 2002 and arrested in Austria or in Italy.

Bulgaria

Declaration made at the time of signature, on 30 September 1993, confirmed at the time of deposit of the instrument of ratification, on 17 June 1994 and modified by a Note verbale from the Permanent Representation of Bulgaria, dated 5 January 2004, registered at the Secretariat General on 6 January 2004 and by a Note verbale from the Permanent Representation of Bulgaria, dated 10 November 2006, registered at the Secretariat General on 13 November 2006.

On 12 November 2003 the National Assembly of the Republic of Bulgaria adopted a Law amending the Law for the Ratification of the European Convention on Mutual Assistance in Criminal Matters and the Additional Protocol thereto, the Convention on the Transfer of Sentenced Persons and the European Convention on Extradition and the two Additional Protocols thereto. The said Law was published in the Official Journal, No. 103/2003, dated 25 November 2003.

On 25 October 2006, the National Assembly of Bulgaria adopted a Law by which it modified the declaration of the Republic of Bulgaria relating to paragraph 1 of Article 6 of the European Convention on Extradition.

Therefore, the text of the declaration made by the Republic of Bulgaria in respect of Article 6, paragraph 1, of the European Convention on Extradition is modified and shall read:

“The Republic of Bulgaria declares that it will refuse extradition of its nationals. The Republic of Bulgaria declares that it will recognise as a national for the purposes of the convention any person having Bulgarian nationality at the time of receiving the request for extradition.”

Cyprus

Declaration transmitted by a letter from the Permanent Representative of Cyprus, dated 20 May 2005, registered at the Secretariat General on 24 May 2005.

In accordance with Article 28, paragraph 3, of the Convention, the Cyprus Government notifies the implementation in Cyprus legislation of the European Union Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States of the European Union (2002/584/JHA).

The Framework Decision was implemented in Cyprus legislation by Law n° 133 of 30 April 2004. The Law has entered into force on 1 May 2004 and is applicable to requests for surrender (extradition) made by Member States of the European Union as from that date. The provisions of the European arrest warrant thereby replace corresponding provisions of the European Convention on Extradition of 13 December 1957 and its two Protocols of 15 October 1975 and 17 March 1978 in the mutual relationship between Cyprus and the other Member States of the European Union.

Czech Republic

Declaration contained in a letter from the Permanent Representative of the Czech Republic, dated 14 January 2005, registered at the Secretariat General on 14 January 2005

In accordance with Article 28, paragraph 3, of the Convention, the Czech Republic notifies that, as from 1 November 2004, it enacted legislation implementing the Framework Decision of the Council of the European Union of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA; hereinafter “framework decision on the European arrest warrant”), which the Czech Republic considers a uniform law as provided for by Article 28, paragraph 3, of the Convention, and which the Czech Republic will apply in relation to Member States of the European Union, which also apply legislation implementing the Framework Decision on the European arrest warrant. The European Convention on Extradition and its two Protocols of 15 October 1975 and 17 March 1978 will continue to apply in relation to Member States of the European Union on extradition of persons sought for offences committed before 1 November 2004.

The Czech Republic shall continue to apply Article 3 of the Treaty between the Czech Republic and the Slovak Republic on Mutual Assistance Rendered by Judicial Authorities and Regulation of Some Legal Relations in Civil and Criminal Matters, done in Prague on 29 October 1992, and Article XV of the Treaty between the Czech Republic and Austria on Supplementation to the European Convention on Extradition of 13 December 1957 and on Facilitation of its Application, done in Vienna on 27 June 1994, on whose basis the European arrest warrants and other documents are transmitted without translation into the official language of the requested State.

Finland

Declaration contained in a Note Verbale from the Permanent Representation of Finland, dated 21 April 2004, registered at the Secretariat General on 21 April 2004.

In accordance with Article 28, paragraph 3 of the European Convention on Extradition, Finland will apply the national legislation implementing the Council Framework Decision (2002/584/JHA) on the European arrest warrant and the surrender procedures between Member States in relation to Member States of the European Union.

France

Declaration contained in a letter from the Permanent Representative of France, dated 12 October 2004, registered at the Secretariat General on 18 October 2004.

The Government of the French Republic declares, in accordance with the provisions of Article 28, paragraph 3, of the Convention, that since the 12th of March 2004 regarding Paris and since the 13rd of March 2004 regarding the rest of France, the provisions relating to the European arrest warrant, when implementable, replace the corresponding dispositions of the European Convention on Extradition of 13 December 1957 in the surrender procedures between Member States of the European Union.

Germany

Declaration contained in a Note Verbale from the Permanent Representation of Germany, dated 17 August 2004, registered at the Secretariat General on 18 August 2004:

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, the Federal Government declares that the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States has been implemented in German law by the Law of 21 July 2004 on the European arrest warrant and the surrender procedures between Member States of the European Union (Law on the European arrest warrant — EuHbG). The Law will come into force on 23 August 2004.

From this date the dispositions on the European arrest warrant replace the corresponding dispositions of the European Convention on Extradition of 13 December 1957 and its two Protocols of 15 October 1975 and 17 March 1978 in the mutual relationship between Germany and the other Member States of the European Union. Nevertheless, the treaties mentioned hereabove still apply subsidiarily, to the extent that they offer the possibility to go beyond the objectives of the European arrest warrant, contribute to simplify or facilitate the procedures and to the extent that the Member state concerned also continues to apply them. The same applies to bilateral agreements concluded by the Federal Republic of Germany with different Member States of the European Union.

Greece

Declaration contained in a Note Verbale from the Permanent Representation of Greece, dated 12 October 2006, registered at the Secretariat General on 17 October 2006.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, the Hellenic Republic notifies that on 9 July 2004 the law nr. 3251/2004 has entered into force, implementing the Framework Decision of the Council of the European Union of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA). The Hellenic Republic shall apply this law in relations to Contracting Parties which are Member States of the European Union and have also implemented the Framework Decision on the European arrest warrant.

Hungary

Declaration contained in a Note verbale from the Permanent Representation of Hungary, dated 26 May 2004, registered at the Secretariat General on 27 May 2004.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, the Republic of Hungary hereby notifies the Council of Europe of the implementation of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States of the European Union (2002/584/JHA).

The Framework Decision was implemented in Hungarian Law by Act No. CXXX of 2003. The Act entered into force on 1st May 2004 and is applicable to requests for surrender made by Member States of the European Union as from that date. The provisions of the European arrest warrant thereby replace the corresponding provisions of the European Convention on Extradition, signed in Paris, on 13 December 1957 and its two Protocols of 15 October 1975 and 17 March 1978 in the relation to Member States of the European Union, insofar as the Framework Decision is applicable in relations between the Republic of Hungary and the other Member State.

Italy

Declaration contained in a Note Verbale from the Permanent Representation of Italy, dated 25 April 2006, registered at the Secretariat General on 25 April 2006.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, the Republic of Italy notifies the applicability of the European Union Council Framework Decision 2002/584/JHA of 13 June 2002, on the European arrest warrant and the surrender procedures between Member States of the European Union.

The Framework Decision has been implemented in Italy by the Law of 22 April 2005 No. 69 (”Provisions for the implementation of the Council Framework Decision 2002/584/JHA of 13 June 2002, on the European arrest warrant and the surrender procedures between Member States”, G.U. 29 April 2005 No. 98), which entered into force on 14 May 2005.

Latvia

Declaration contained in a letter from the Minister of Foreign Affairs of Latvia, dated 13 December 2005, registered at the Secretariat General on 3 January 2006.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, the Republic of Latvia declares that, since 30 June 2004, the Republic of Latvia does not apply the Convention and its Protocols in its relations with the Member States of the European Union, but applies the national legislation which implements Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA).

Lithuania

Declaration contained in a Note Verbale from the Ministry of Foreign Affairs of Lithuania, dated 15 July 2004, registered at the Secretariat General on 28 July 2004.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, the Republic of Lithuania declares that in relations between the Republic of Lithuania and other Member States of the European Union, the procedure of surrender of a person under the European arrest warrant shall be applied, except in cases indicated in the statements of the Member States of the European Union made in respect of Article 32 of the Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.

Luxembourg

Declaration contained in a letter from the Minister of Foreign Affairs of Luxembourg, dated 25 October 2004, transmitted by the Permanent Representative of Luxembourg, and registered at the Secretariat General on 2 November 2004.

In accordance with Article 28, paragraph 3, of the Convention, the Grand-Duchy of Luxembourg applies the Law of 17 March 2004 relating to the European arrest warrant and the surrender procedures between Member States of the European Union with respect to offences committed after 7 August 2002 in its relations with a State Member of the European Union that has implemented the EU Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.

The European Convention on Extradition of 13 December 1957 and the Additional Protocol of 15 October 1975 remain applicable to offences committed prior to 7 August 2002.

Malta

Declaration contained in a Note Verbale from the Permanent Representation of Malta, dated 7 November 2005, registered at the Secretariat General on 9 November 2005.

In accordance with Article 28, paragraph 3, of the 1957 European Convention on Extradition, the Government of Malta notifies the Secretary General of the Council of Europe that Malta shall apply the Framework Decision of the Council of the European Union (No. 2002/584/JHA) of 13 June 2002, on the European arrest warrant and the surrender procedures between Member States in relations between the Member States of the European Union, insofar as the Framework Decision is applicable in relations between Malta and the other Member States. This is effective as from 7th June 2004.

Montenegro

Declarations contained in the instrument of accession deposited on 30 September 2002.

The Federal Republic of Yugoslavia shall refuse extradition, in accordance with Article 6, paragraph 1(a), of the Convention, and transit of its nationals in accordance with Article 21, paragraph 2, of the Convention.

In accordance with Article 21, paragraph 5, of the Convention, the Federal Republic of Yugoslavia shall grant the transit of a person exclusively under the same conditions applicable in case of extradition.

[Note by the Secretariat: The Committee of Ministers of the Council of Europe decided on its 967th meeting that the Republic of Montenegro is to be considered a Party to this treaty with effect from 6 June 2006.

Netherlands

Declaration contained in a Note Verbale from the Permanent Representation of the Netherlands, dated 31 August 2005, registered at the Secretariat General on 5 September 2005.

On 13 June 2002, the Council of the European Union adopted a framework decision on the European arrest warrant and surrender procedures between Member States (no. 2002/584/JHA) (”the Framework Decision”). Article 31 of the Framework Decision provides that from 1 January 2004 the Framework Decision will replace the corresponding provisions of the relevant extradition conventions applicable in the field of extradition in relations between the Member States.

The Permanent Representation of the Kingdom of the Netherlands therefore has the honour to inform the Secretary General of the Council of Europe that pursuant to Article 28, paragraph 3, of the Convention on Extradition, the Convention shall no longer be applied in relations between the European part of the Kingdom of the Netherlands and the Member States of the European Union that are a Party to the Convention.

The Permanent Representation of the Kingdom of the Netherlands would emphasise that the above does not alter the application of the Convention in relations between:

— the Netherlands Antilles and Aruba and the Parties to the Convention, or

— the European part of the Kingdom and the Parties to the Convention that are not Member States of the European Union.

Poland

Declaration contained in a letter from the Permanent Representative of Poland, dated 24 February 2005, registered at the Secretariat General on 24 February 2005.

In accordance with Article 28, paragraph 3, of the Convention, the Republic of Poland hereby declares that since 1 May 2004 in relations with the Member States of the European Union, it will apply the internal legal provisions implementing the provisions of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) insofar as the Framework Decision is applicable in relations between Poland and these States.

The provisions of the aforementioned Framework Decision were implemented in the Polish law by virtue of the statute amending the Penal Code, Code of Criminal Procedure and the Code of Misdemeanours, dated 18 March 2004.

Portugal

Declaration contained in a letter from the Permanent Representative of Portugal, dated 15 April 2005, registered at the Secretariat General on 18 April 2005.

In accordance with Article 28, paragraph 3, of the Convention, the Portuguese Republic notifies the applicability, in its relations with the other Member States of the European Union, of the European Union Council Framework Decision 2002/584/JHA of 13 June 2002, on the European arrest warrant and the surrender procedures between Member States of the European Union.

The Framework Decision was implemented in Portuguese law by Law n° 65/2003 of 23 August 2003, and, in accordance with Article 40 of this Law, its legal framework is in force since 1 January 2004 and is applicable to requests for surrender (extradition) made by Member States of the European Union which opted for the immediate application of the Framework Decision, as from that date.

Romania

Declarations contained in a Note Verbale from the Permanent Representation of Romania, dated 7 July 2006, registered at the Secretariat General on 17 July 2006.

Romania declares that, in accordance with the paragraph 1 of the Act 74/2005, the declaration formulated by Romania on Article 6, paragraph 1, of the Convention is amended as follows:

“The Romanian citizens may not be extradited. By derogation of these provisions, the Romanian citizen may be extradited from Romania in accordance with the international conventions to which Romania is Contracting Party and on the basis of reciprocity, only if one of the following conditions is fulfilled:

a) the soliciting State, in order to carry on the criminal prosecution and the judgment, gives assurances estimated as satisfactory, that, if a conviction to a punishment depriving of liberty is pronounced by a final decision of justice, the Romanian citizen will be transferred to serve the punishment in Romania;

b) the Romanian citizen has his residence in the State that formulated the request at the date of the formulation of the request for extradition;

c) the Romanian citizen has also the citizenship of the soliciting State,

d) the Romanian citizen committed the fact on the territory or against a citizen of a member State of the European Union, if the soliciting State is member of the European Union.

The person for whom asylum was granted in Romania may not be extradited.”

Romania declares that, in accordance with the paragraph 2 of the Act 74/2005, the declaration formulated by Romania on Article 21, paragraph 5, of the Convention, is amended as follows:

“If the transit across the territory of Romania is asked for a Romania citizen or a person who has the asylum right in Romania, the provisions of the paragraph 1 are amended accordingly.”

Declaration contained in a Note Verbale from the Permanent Representation of Romania, dated 6 February 2007, registered at the Secretariat General on 9 February 2007.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, Romania declares that, starting with 1 January 2007, it applies Title III of the Law no. 302/2004 on the judicial cooperation in criminal matter, which implements the provisions of the European Union Council Framework Decision no. 584/JHA of 13 June 2002 on the European arrest warrant and the surrender of all persons between Member States, in relations between Romania and the other Member States of the European Union.

By way of exception, the European Convention on Extradition, done at Paris on 13 December 1957, and its Additional Protocols, done at Strasbourg on 15 October 1975 and 17 March 1978, will continue to apply in the following cases:

a. to the extradition requests made or received before 1 January 2007, which are pending, and also to the requests made on the grounds of Article 14 of the European Convention on Extradition, regarding extradition requests made before that date;

b. to the acts which represent the object of notifications sent by some Member States of the European Union to the General Secretariat of the Council of the European Union according to Article 32 of the Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, with the meaning that for those acts the provisions of the extradition treaties in force will continue to apply on a transitory basis.

The above does not alter by any means the application of the Convention in relations between Romania and the Parties to the Convention that are not Member States of the European Union.

Slovakia

Declaration contained in a Note Verbale from the Permanent Representation of Slovakia, dated 25 July 2006, registered at the Secretariat General on 28 July 2006.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition of 13 December 1957, the Slovak Republic notifies that it shall not apply the said Convention and its two Additional Protocols of 15 October 1975 and 17 March 1978, in relations to those Contracting Parties — Member States of the European Union — which implemented the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States of the European Union (2002/584/JHA), and which apply procedures based on that Framework Decision. The Slovak Republic considers the said Framework Decision as uniform law under the Article referred to.

The Slovak Republic shall continue to apply the provisions of the Convention and its two Additional Protocols in relations to the Member States of the European Union to the extent that these provisions were not replaced by the Framework Decision and in cases to which the Framework Decision does not apply (including cases covered by declarations by the Member States).

Slovenia

Declaration contained in a Note Verbale from the Permanent Representation of Slovenia, dated 30 September 2004, registered at the Secretariat General on 30 September 2004.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, the Government of Slovenia declares that the Republic of Slovenia implemented the EU Council Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures. The Act entered into force on 1 May 2004 and is applicable to requests for surrender (extradition) among Member States made after that date and for offences committed after 7 August 2002.

The provisions of the Act on the European arrest warrant and the surrender procedures thereby replace the provisions of the European Convention on Extradition of 13 December 1957 and its two Additional Protocols of 15 October 1975 and 17 March 1978, insofar as the Council Framework Decision on the European arrest warrant and the surrender procedures is applicable in relations between Slovenia and other Member States.

Sweden

Declaration contained in a Note Verbale from the Permanent Representation of Sweden, dated 19 December 2003, registered at the Secretariat General on 19 December 2003.

In accordance with Article 28, paragraph 3, of the European Convention on Extradition, Sweden will, from 1 January 2004, apply Council Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States in relation to Member States of the European Union, insofar as the Framework Decision is applicable in relations between Sweden and the other Member State.”

PART B

“Andorra

Declaration

At the time of Andorra’s accession to the Convention and to the Protocol, Andorra does not have an airport or an aerodrome in its territory, although it does have heliports and several helipad areas, and no aircraft are registered in its registers.”

PART C

“Andorra

Declaration

At the time of Andorra’s accession to the Convention and to the Protocol, Andorra does not have an airport or an aerodrome in its territory, although it does have heliports and several helipad areas, and no aircraft are registered in its registers.

Netherlands

On 12 December 2005, the Kingdom of the Netherlands deposited its instrument of ratification of the Protocol for Aruba. The declaration and reservation made upon signature and ratification for the Kingdom in Europe were reconfirmed for Aruba.”

PART D

“Andorra

The Principality of Andorra designates the Ministry in charge of Transport and Energy as the central authority and point of contact for the Convention on the Physical Protection of Nuclear Material.

Bahamas, Commonwealth of the

In accordance with Article 17 paragraph 3, the Commonwealth of The Bahamas does not consider itself bound by any of the arbitration procedures laid down in Article 17 paragraph 2 of the Convention.

El Salvador

With regard to the provisions of Article 11 of the Convention, the Government of the Republic of El Salvador does not consider the Convention as the legal basis for cooperation in respect of extradition.

Furthermore, with regard to the provisions of Article 17 of the Convention, the Government of the Republic of El Salvador does not consider itself bound and does not recognize the mandatory jurisdiction of the International Court of Justice.

Netherlands

2 December 2005

The Minister of Foreign Affairs of the Kingdom of the Netherlands, declares, in conformity with Article 18, paragraph 2, of the Convention on the Physical Protection of Nuclear Material, done at Vienna/New York on 3 March 1980, that the Kingdom of the Netherlands accepts the said Convention, with Annexes, for Aruba, and that the provisions so accepted shall be observed, subject to the following reservation:

“With regard to the obligation to exercise jurisdiction referred to in Article 10 of the Convention on the Physical Protection of Nuclear Material, done at Vienna/New York on 3 March 1980, the Kingdom of the Netherlands makes the reservation, that in cases where the judicial authorities of Aruba are unable to exercise jurisdiction on the grounds of one of the principles referred to in Article 8, paragraph 1, of the Convention, the Kingdom shall be bound by this obligation only if it has received an extradition request from a Party to the Convention and the said request has been rejected.”

PART E