Third Additional Protocol to the European Convention on Extradition

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1 Council of Europe Trety Series - No. 209 Third Additionl Protocol to the Europen Convention on Extrdition Strsourg, 10.XI.2010 The memer Sttes of the Council of Europe, signtory to this Protocol, Considering tht the im of the Council of Europe is to chieve greter unity etween its memers; Desirous of strengthening their individul nd collective ility to respond to crime; Hving regrd to the provisions of the Europen Convention on Extrdition (ETS No. 24) opened for signture in Pris on 13 Decemer 1957 (hereinfter referred to s the Convention ), s well s the two Additionl Protocols thereto (ETS Nos. 86 nd 98), done t Strsourg on 15 Octoer 1975 nd on 17 Mrch 1978, respectively; Considering it desirle to supplement the Convention in certin respects in order to simplify nd ccelerte the extrdition procedure when the person sought consents to extrdition, Hve greed s follows: Article 1 Oligtion to extrdite under the simplified procedure Contrcting Prties undertke to extrdite to ech other under the simplified procedure s provided for y this Protocol persons sought in ccordnce with Article 1 of the Convention, suject to the consent of such persons nd the greement of the requested Prty. Article 2 Initition of the procedure 1 When the person sought is the suject of request for provisionl rrest in ccordnce with Article 16 of the Convention, the extrdition referred to in Article 1 of this Protocol shll not e suject to the sumission of request for extrdition nd supporting documents in ccordnce with Article 12 of the Convention. The following informtion provided y the requesting Prty shll e regrded s dequte y the requested Prty for the purpose of pplying Articles 3 to 5 of this Protocol nd for tking its finl decision on extrdition under the simplified procedure: c the identity of the person sought, including his or her ntionlity or ntionlities when ville; the uthority requesting the rrest; the existence of n rrest wrrnt or other document hving the sme legl effect or of n enforcele judgment, s well s confirmtion tht the person is sought in ccordnce with Article 1 of the Convention;

2 d e f g h the nture nd legl description of the offence, including the mximum penlty or the penlty imposed in the finl judgment, including whether ny prt of the judgment hs lredy een enforced; informtion concerning lpse of time nd its interruption; description of the circumstnces in which the offence ws committed, including the time, plce nd degree of involvement of the person sought; in so fr s possile, the consequences of the offence; in cses where extrdition is requested for the enforcement of finl judgment, whether the judgment ws rendered in senti. 2 Notwithstnding prgrph 1, supplementry informtion my e requested if the informtion provided for in the sid prgrph is insufficient to llow the requested Prty to decide on extrdition. 3 In cses where the requested Prty hs received request for extrdition in ccordnce with Article 12 of the Convention, this Protocol shll pply muttis mutndis. Article 3 Oligtion to inform the person Where person sought for the purpose of extrdition is rrested in ccordnce with Article 16 of the Convention, the competent uthority of the requested Prty shll inform tht person, in ccordnce with its lw nd without undue dely, of the request relting to him or her nd of the possiility of pplying the simplified extrdition procedure in ccordnce with this Protocol. Article 4 Consent to extrdition 1 The consent of the person sought nd, if pproprite, his or her express renuncition of entitlement to the rule of specility shll e given efore the competent judicil uthority of the requested Prty in ccordnce with the lw of tht Prty. 2 Ech Prty shll dopt the mesures necessry to ensure tht consent nd, where pproprite, renuncition, s referred to in prgrph 1, re estlished in such wy s to show tht the person concerned hs expressed them voluntrily nd in full wreness of the legl consequences. To tht end, the person sought shll hve the right to legl counsel. If necessry, the requested Prty shll ensure tht the person sought hs the ssistnce of n interpreter. 3 Consent nd, where pproprite, renuncition, s referred to in prgrph 1, shll e recorded in ccordnce with the lw of the requested Prty. 4 Suject to prgrph 5, consent nd, where pproprite, renuncition, s referred to in prgrph 1, shll not e revoked. 5 Any Stte my, t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession, or t ny lter time, declre tht consent nd, where pproprite, renuncition of entitlement to the rule of specility, my e revoked. The consent my e revoked until the requested Prty tkes its finl decision on extrdition under the simplified procedure. In this cse, the period etween the notifiction of consent nd tht of its revoction shll not e tken into considertion in estlishing the periods provided for in Article 16, prgrph 4, of the Convention. Renuncition of entitlement to the rule of specility my e revoked until the surrender of the person concerned. Any revoction of the consent to extrdition or the renuncition of entitlement to the rule of specility shll e recorded in 2

3 ccordnce with the lw of the requested Prty nd notified to the requesting Prty immeditely. Article 5 Renuncition of entitlement to the rule of specility Ech Stte my declre, t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession, or t ny lter time, tht the rules lid down in Article 14 of the Convention do not pply where the person extrdited y this Stte, in ccordnce with Article 4 of this Protocol: consents to extrdition; or consents to extrdition nd expressly renounces his or her entitlement to the rule of specility. Article 6 Notifictions in cse of provisionl rrest 1 So tht the requesting Prty my sumit, where pplicle, request for extrdition in ccordnce with Article 12 of the Convention, the requested Prty shll notify it, s soon s possile nd no lter thn ten dys fter the dte of provisionl rrest, whether or not the person sought hs given his or her consent to extrdition. 2 In exceptionl cses where the requested Prty decides not to pply the simplified procedure in spite of the consent of the person sought, it shll notify this to the requesting Prty sufficiently in dvnce so s to llow the ltter to sumit request for extrdition efore the period of forty dys estlished under Article 16 of the Convention expires. Article 7 Notifiction of the decision Where the person sought hs given his or her consent to extrdition, the requested Prty shll notify the requesting Prty of its decision with regrd to the extrdition under the simplified procedure within twenty dys of the dte on which the person consented. Article 8 Mens of communiction For the purpose of this Protocol, communictions my e forwrded through electronic or ny other mens ffording evidence in writing, under conditions which llow the Prties to scertin their uthenticity, s well s through the Interntionl Criminl Police Orgnistion (Interpol). In ny cse, the Prty concerned shll, upon request nd t ny time, sumit the originls or uthenticted copies of documents. Article 9 Surrender of the person to e extrdited Surrender shll tke plce s soon s possile, nd preferly within ten dys from the dte of notifiction of the extrdition decision. Article 10 Consent given fter expiry of the dedline lid down in Article 6 Where the person sought hs given his or her consent fter expiry of the dedline of ten dys lid down in Article 6, prgrph 1, of this Protocol, the requested Prty shll pply the simplified procedure s provided for in this Protocol if it hs not yet received request for extrdition within the mening of Article 12 of the Convention. 3

4 Article 11 Trnsit In the event of trnsit under the conditions lid down in Article 21 of the Convention, where person is to e extrdited under simplified procedure to the requesting Prty, the following provisions shll pply: the request for trnsit shll contin the informtion required in Article 2, prgrph 1, of this Protocol; the Prty requested to grnt trnsit my request supplementry informtion if the informtion provided for in su-prgrph is insufficient for the sid Prty to decide on trnsit. Article 12 Reltionship with the Convention nd other interntionl instruments 1 The words nd expressions used in this Protocol shll e interpreted within the mening of the Convention. As regrds the Prties to this Protocol, the provisions of the Convention shll pply, muttis mutndis, to the extent tht they re comptile with the provisions of this Protocol. 2 The provisions of this Protocol re without prejudice to the ppliction of Article 28, prgrphs 2 nd 3, of the Convention concerning the reltions etween the Convention nd ilterl or multilterl greements. Article 13 Friendly settlement The Europen Committee on Crime Prolems of the Council of Europe shll e kept informed regrding the ppliction of this Protocol nd shll do whtever is necessry to fcilitte friendly settlement of ny difficulty which my rise out of its interprettion nd ppliction. Article 14 Signture nd entry into force 1 This Protocol shll e open for signture y the memer Sttes of the Council of Europe which re Prty to or hve signed the Convention. It shll e suject to rtifiction, cceptnce or pprovl. A signtory my not rtify, ccept or pprove this Protocol unless it hs previously rtified, ccepted or pproved the Convention, or does so simultneously. Instruments of rtifiction, cceptnce or pprovl shll e deposited with the Secretry Generl of the Council of Europe. 2 This Protocol shll enter into force on the first dy of the month following the expirtion of period of three months fter the deposit of the third instrument of rtifiction, cceptnce or pprovl. 3 In respect of ny signtory Stte which susequently deposits its instrument of rtifiction, cceptnce or pprovl, this Protocol shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte of deposit. Article 15 Accession 1 Any non-memer Stte which hs cceded to the Convention my ccede to this Protocol fter it hs entered into force. 2 Such ccession shll e effected y depositing n instrument of ccession with the Secretry Generl of the Council of Europe. 4

5 3 In respect of ny cceding Stte, the Protocol shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte of the deposit of the instrument of ccession. Article 16 Territoril ppliction 1 Any Stte my, t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession, specify the territory or territories to which this Protocol shll pply. 2 Any Stte my, t ny lter time, y declrtion ddressed to the Secretry Generl of the Council of Europe, extend the ppliction of this Protocol to ny other territory specified in the declrtion. In respect of such territory the Protocol shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte of receipt of such declrtion y the Secretry Generl. 3 Any declrtion mde under the two preceding prgrphs my, in respect of ny territory specified in such declrtion, e withdrwn y notifiction ddressed to the Secretry Generl of the Council of Europe. The withdrwl shll ecome effective on the first dy of the month following the expirtion of period of six months fter the dte or receipt of such notifiction y the Secretry Generl. Article 17 Declrtions nd reservtions 1 Reservtions mde y Stte to ny provision of the Convention or the two Additionl Protocols thereto shll lso e pplicle to this Protocol, unless tht Stte otherwise declres t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession. The sme shll pply to ny declrtion mde in respect or y virtue of ny provision of the Convention or the two Additionl Protocols thereto. 2 Any Stte my, t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession, declre tht it vils itself of the right not to ccept wholly or in prt Article 2, prgrph 1, of this Protocol. No other reservtion my e mde. 3 Any Stte my, t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession, or t ny lter time, mke the declrtions provided for in Article 4, prgrph 5, nd in Article 5 of this Protocol. 4 Any Stte my wholly or prtilly withdrw reservtion or declrtion it hs mde in ccordnce with this Protocol, y mens of declrtion ddressed to the Secretry Generl of the Council of Europe, which shll ecome effective s from the dte of its receipt. 5 Any Prty which hs mde reservtion to Article 2, prgrph 1, of this Protocol, in ccordnce with prgrph 2 of this rticle my not clim the ppliction of tht prgrph y nother Prty. It my, however, if its reservtion is prtil or conditionl, clim the ppliction of tht prgrph in so fr s it hs itself ccepted it. Article 18 Denuncition 1 Any Prty my, in so fr s it is concerned, denounce this Protocol y mens of notifiction ddressed to the Secretry Generl of the Council of Europe. 2 Such denuncition shll ecome effective on the first dy of the month following the expirtion of period of six months fter the dte of receipt of the notifiction y the Secretry Generl of the Council of Europe. 3 Denuncition of the Convention utomticlly entils denuncition of this Protocol. 5

6 Article 19 Notifictions The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council of Europe nd ny Stte which hs cceded to this Protocol of: ny signture; the deposit of ny instrument of rtifiction, cceptnce, pprovl or ccession; c ny dte of entry into force of this Protocol in ccordnce with Articles 14 nd 15; d e f g ny declrtion mde in ccordnce with Article 4, prgrph 5, Article 5, Article 16 nd Article 17, prgrph 1, nd ny withdrwl of such declrtion; ny reservtion mde in ccordnce with Article 17, prgrph 2, nd ny withdrwl of such reservtion; ny notifiction received in pursunce of the provisions of Article 18 nd the dte on which denuncition tkes effect; ny other ct, declrtion, notifiction or communiction relting to this Protocol. In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Protocol. Done t Strsourg, this 10th dy of Novemer 2010, in English nd in French, oth texts eing eqully uthentic, in single copy which shll e deposited in the rchives of the Council of Europe. The Secretry Generl of the Council of Europe shll trnsmit certified copies to ech memer Stte of the Council of Europe nd to the non-memer Sttes which hve cceded to the Convention. 6

European Treaty Series - No. 99 ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS. Strasbourg, 17.III.

European Treaty Series - No. 99 ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS. Strasbourg, 17.III. Europen Trety Series - No. 99 ADDITIONAL PROTOCOL TO THE EUROPEAN CONVENTION ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS Strsourg, 17.III.1978 2 ETS 99 Mutul Assistnce in Criminl Mtters (Additionl Protocol),