# The European Convention on Extradition Order 1990 S.I. 1990/1507 · made 24 July 1990 This Order gives effect to the European Convention on Extradition. It provides that the Extradition Act 1989, so far as it relates to extradition procedures under Part III of that Act shall apply as between the United Kingdom and the States parties to the European Convention on Extradition which are listed in Part I of Schedule 2 to the Order. It will come into force when the Convention enters into force for the United Kingdom, that is to say, 90 days after the deposit of the instrument of ratification on behalf of the United Kingdom. Made under: Extradition Act 1989 (repealed); 1870 c. 52 (Section 2, Section 21) PDFs: Printed copy https://openlegislation.uk/european-convention-on-extradition-order-1990/pdf/uksi_19901507_en.pdf ## Introductory text EXTRADITION Made 24th July 1990 Laid before Parliament 1st August 1990 Coming into force On a date to be notified in the London, Edinburgh and Belfast Gazettes At the Court at Buckingham Palace, the 24th day of July 1990 Present, The Queen’s Most Excellent Majesty in Council Whereas the European Convention on Extradition (hereinafter referred to as “the Convention”) the terms of which are set out in Schedule 1 to this Order, was opened for signature by Members of the Council of Europe on 13th December 1957: And whereas the States listed in Schedule 2 to this Order are parties to the Convention, and have made certain reservations and declarations, the terms of which are set out in Schedule 3 to this Order: And whereas the Convention provides for denunciation by means of a notice given by a party to it, such denunciation to take effect six months after the date when the Secretary-General of the Council of Europe receives such notice: And whereas it is intended to ratify the Convention and to make the reservations and notification set out in Schedule 4 to this Order: And whereas the Convention with the said reservations is in conformity with the provisions of the Extradition Act 1989 (“the 1989 Act”), in particular with the restrictions on return contained in Part II of that Act: And whereas section 4(1) of the 1989 Act provides that where general extradition arrangements have been made, Her Majesty may by Order in Council reciting or embodying their terms, direct that the 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply between the United Kingdom and the foreign State or any foreign State with which they have been made, subject to the limitations, restrictions, exceptions and qualifications in the Order: And whereas section 3(2) of the 1989 Act provides that for the purpose of extradition procedures under Part III of the Act, a State which is a party to the Convention may be treated as a foreign State: Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 2 and 21 of the Extradition Act 1870 and sections 4(1) and 37(3) of the 1989 Act or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:– ## 1 This Order may be cited as the European Convention on Extradition Order 1990, and shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the European Convention on Extradition enters into force for the United Kingdom. ## 2 (1) Subject to the provisions of this Order, the 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply as between the United Kingdom and any foreign State, party to the Convention, which is listed in Part I of Schedule 2 to this Order; and any such State is in this Order referred to as a “Convention State”. (2) For this purpose, Cyprus shall be treated as a foreign State. ## 3 Where an extradition request is made by a Convention State in respect of a person accused of an offence, it shall not be necessary (a) for that State to furnish the court of committal with evidence sufficient to warrant the trial of that person if the extradition crime had taken place within the jurisdiction of the court; or (b) for the court of committal to be satisfied that there is evidence sufficient to warrant the trial of that person. ## 4 The operation of this Order is limited to the United Kingdom, the Channel Islands and the Isle of Man. ## 5 (1) Subject to the following provisions of this article, the Orders listed in Schedule 5 to this Order are hereby revoked. (2) Notwithstanding the foregoing paragraph, the Orders listed in Schedule 5 to this Order shall continue to have effect (a) for the purposes of disposing of any requisition for the surrender of a fugitive criminal to a Convention State in respect of which an order under paragraph 4(2) of Schedule 1 to the 1989 Act was made before this Order came into force; (b) insofar as they relate to extradition between any territory for whose interna tional relations a Convention State is responsible, but to which the Convention does not apply, and the United Kingdom, the Channel Islands, the Isle of Man or any colony. (3) Sub-paragraph (a) of the foregoing paragraph is without prejudice to the operation of section 16(1)(e) of the Interpretation Act 1978. ## Signature G. I. de Deney Clerk of the Privy Council ## Schedule 1: THE CONVENTION ## THE EUROPEAN CONVENTION ON EXTRADITION The Governments signatory hereto, being Members of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater unity between its Members; Considering that this purpose can be obtained by the conclusion of agreements and by common action in legal matters; Considering that the acceptance of uniform rules with regard to extradition is likely to assist this work of unification, Have agreed as follows: ## ARTICLE 1 OBLIGATION TO EXTRADITE The Contracting Parties undertake to surrender to each other, subject to the provisions and conditions laid down in this Convention, all persons against whom the competent authorities of the requesting Party are proceeding for an offence or who are wanted by the said authorities for the carrying out of a sentence or detention order. ### EXTRADITABLE OFFENCES ## 1 Extradition shall be granted in respect of offences punishable under the laws of the requesting Party and of the requested Party by deprivation of liberty or under a detention order for a maximum period of at least one year or by a more severe penalty. Where a conviction and prison sentence have occurred or a detention order has been made in the territory of the requesting Party, the punishment awarded must have been for a period of at least four months. ## 2 If the request for extradition includes several separate offences each of which is punishable under the laws of the requesting Party and the requested Party by deprivation of liberty or under a detention order, but of which some do not fulfil the condition with regard to the amount of punishment which may be awarded, the requested Party shall also have the right to grant extradition for the latter offences. ## 3 Any Contracting Party whose law does not allow extradition for certain of the offences referred to in paragraph 1 of this Article may, insofar as it is concerned, exclude such offences from the application of this Convention. ## 4 Any Contracting Party which wishes to avail itself of the right provided for in paragraph 3 of this Article shall, at the time of the deposit of its instrument of ratification or accession, transmit to the Secretary-General of the Council of Europe either a list of the offences for which extradition is allowed or a list of those for which it is excluded and shall at the same time indicate the legal provisions which allow or exclude extradition. The Secretary-General of the Council shall forward these lists to the other signatories. ## 5 If extradition is subsequently excluded in respect of other offences by the law of a Contracting Party, that Party shall notify the Secretary-General. The Secretary-General shall inform the other signatories. Such notification shall not take effect until three months from the date of its receipt by the Secretary-General. ## 6 Any Party which avails itself of the right provided for in paragraphs 4 or 5 of this Article may at any time apply this Convention to offences which have been excluded from it. It shall inform the Secretary-General of the Council of such changes, and the Secretary-General shall inform the other signatories. ## 7 Any Party may apply reciprocity in respect of any offences excluded from the application of the Convention under this Article. ### POLITICAL OFFENCES ## 1 Extradition shall not be granted if the offence in respect of which it is requested is regarded by the requested Party as a political offence or as an offence connected with a political offence. ## 2 The same rule shall apply if the requested Party has substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person’s position may be prejudiced for any of these reasons. ## 3 The taking or attempted taking of the life of a Head of State or a member of his family shall not be deemed to be a political offence for the purposes of this Convention. ## 4 This Article shall not affect any obligations which the Contracting Parties may have undertaken or may undertake under any other international convention of a multilateral character. ## ARTICLE 4 MILITARY OFFENCES Extradition for offences under military law which are not offences under ordinary criminal law is excluded from the application of this Convention. ## ARTICLE 5 FISCAL OFFENCES Extradition shall be granted, in accordance with the provisions of this Convention, for offences in connection with taxes, duties, customs and exchange only if the Contracting Parties have so decided in respect of any such offences or category of offences. ### EXTRADITION OF NATIONALS ## 1 (a) A Contracting Party shall have the right to refuse extradition of its nationals. (b) Each Contracting Party may, by a declaration made at the time of signature or of deposit of its instrument of ratification or accession, define as far as it is concerned the term “nationals” within the meaning of this Convention. (c) Nationality shall be determined as at the time of the decision concerning extradition. If, however, the person claimed is first recognised as a national of the requested Party during the period between the time of the decision and the time contemplated for the surrender, the requested Party may avail itself of the provision contained in sub-paragraph (a) of this Article. ## 2 If the requested Party does not extradite its national, it shall at the request of the requesting Party submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate. For this purpose, the files, information and exhibits relating to the offence shall be transmitted without charge by the means provided for in Article 12, paragraph 1. The requesting Party shall be informed of the result of its request. ### PLACE OF COMMISSION ## 1 The requested Party may refuse to extradite a person claimed for an offence which is regarded by its law as having been committed in whole or in part in its territory or in a place treated as its territory. ## 2 When the offence for which extradition is requested has been committed outside the territory of the requesting Party, extradition may only be refused if the law of the requested Party does not allow prosecution for the same category of offence when committed outside the latter Party’s territory or does not allow extradition for the offence concerned. ## ARTICLE 8 PENDING PROCEEDINGS FOR THE SAME OFFENCES The requested Party may refuse to extradite the person claimed if the competent authorities of such Party are proceeding against him in respect of the offence or offences for which extradition is requested. ## ARTICLE 9 NON BIS IN IDEM Extradition shall not be granted if final judgment has been passed by the competent authorities of the requested Party upon the person claimed in respect of the offence or offences for which extradition is requested. Extradition may be refused if the competent authorities of the requested Party have decided either not to institute or to terminate proceedings in respect of the same offence or offences. ## ARTICLE 10 LAPSE OF TIME Extradition shall not be granted when the person claimed has, according to the law of either the requesting or the requested Party, become immune by reason of lapse of time from prosecution or punishment. ## ARTICLE 11 CAPITAL PUNISHMENT If the offence for which extradition is requested is punishable by death under the law of the requesting Party, and if in respect of such offence the death-penalty is not provided for by the law of the requested Party or is not normally carried out, extradition may be refused unless the requesting Party gives such assurance as the requested Party considers sufficient that the death penalty will not be carried out. ### THE REQUEST AND SUPPORTING DOCUMENTS ## 1 The request shall be in writing and shall be communicated through the diplomatic channel. Other means of communication may be arranged by direct agreement between two or more Parties. ## 2 The request shall be supported by: (a) the original or an authenticated copy of the conviction and sentence or detention order immediately enforceable or of the warrant of arrest or other order having the same effect and issued in accordance with the procedure laid down in the law of the requesting Party; (b) a statement of the offences for which extradition is requested. The time and place of their commission, their legal descriptions and a reference to the relevant legal provisions shall be set out as accurately as possible; and (c) a copy of the relevant enactments or, where this is not possible, a statement of the relevant law and as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality. ## ARTICLE 13 SUPPLEMENTARY INFORMATION 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 Convention, the latter Party shall request the necessary supplementary information and may fix a time-limit for the receipt thereof. ### RULE OF SPECIALITY ## 1 A person who has been extradited shall not be proceeded against, sentenced or detained with a view to the carrying out of a sentence or detention order for any offence committed prior to his surrender other than that for which he was extradited, nor shall he be for any other reason restricted in his personal freedom, except in the following cases: (a) when the Party which surrendered him consents. A request for consent shall be submitted, accompanied by the documents mentioned in Article 12 and a legal record of any statement made by the extradited person in respect of the offence concerned. Consent shall be given when the offence for which it is requested is itself subject to extradition in accordance with the provisions of this Convention; (b) when that person, having had an opportunity to leave the territory of the Party to which he has been surrendered, has not done so within 45 days of his final discharge, or has returned to that territory after leaving it. ## 2 The requesting Party may, however, take any measures necessary to remove the person from its territory, or any measures necessary under its law, including proceedings by default, to prevent any legal effects of lapse of time. ## 3 When the description of the offence charged is altered in the course of proceedings, the extradited person shall only be proceeded against or sentenced insofar as the offence under its new description is shown by its constituent elements to be an offence which would allow extradition. ## ARTICLE 15 RE-EXTRADITION TO A THIRD STATE Except as provided for in Article 14, paragraph 1(b), the requesting Party shall not, without the consent of the requested Party, surrender to another Party or to a third State a person surrendered to the requesting Party and sought by the said other Party or third State in respect of offences committed before his surrender. The requested Party may request the production of the documents mentioned in Article 12, paragraph 2. ### PROVISIONAL ARREST ## 1 In case of urgency the competent authorities of the requesting Party may request the provisional arrest of the person sought. The competent authorities of the requested Party shall decide the matter in accordance with its law. ## 2 The request for provisional arrest shall state that one of the documents mentioned in Article 12, paragraph 2(a), exists and that it is intended to send a request for extradition. It shall also state for what offence extradition will be requested and when and where such offence was committed and shall so far as possible give a description of the person sought. ## 3 A request for provisional arrest shall be sent to the competent authorities of the requested Party either through the diplomatic channel or direct by post or telegraph or through the International Criminal Police Organisation (Interpol) or by any other means affording evidence in writing or accepted by the requested Party. The requesting authority shall be informed without delay of the result of its request. ## 4 Provisional arrest may be terminated if, within a period of 18 days after arrest, the requested Party has not received the request for extradition and the documents mentioned in Article 12. It shall not, in any event, exceed 40 days from the date of such arrest. The possibility of provisional release at any time is not excluded, but the requested Party shall take any measures which it considers necessary to prevent the escape of the person sought. ## 5 Release shall not prejudice re-arrest and extradition if a request for extradition is received subsequently. ## ARTICLE 17 CONFLICTING REQUESTS If extradition is requested concurrently by more than one State, either for the same offence or for different offences, the requested Party shall make its decision having regard to all the circumstances and especially the relative seriousness and place of commission of the offences, the respective dates of the requests, the nationality of the person claimed and the possibility of subsequent extradition to another State. ### SURRENDER OF THE PERSON TO BE EXTRADITED ## 1 The requested Party shall inform the requesting Party by the means mentioned in Article 12, paragraph 1 of its decision with regard to the extradition. ## 2 Reasons shall be given for any complete or partial rejection. ## 3 If the request is agreed to, the requesting Party shall be informed of the place and date of surrender and of the length of time for which the person claimed was detained with a view to surrender. ## 4 Subject to the provisions of paragraph 5 of this Article, if the person claimed has not been taken over on the appointed date, he may be released after the expiry of 15 days and shall in any case be released after the expiry of 30 days. The requested Party may refuse to extradite him for the same offence. ## 5 If circumstances beyond its control prevent a Party from surrendering or taking over the person to be extradited, it shall notify the other Party. The two Parties shall agree a new date for surrender and the provisions of paragraph 4 of this Article shall apply. ### POSTPONED OR CONDITIONAL SURRENDER ## 1 The requested Party may, after making its decision on the request for extradition, postpone the surrender of the person claimed in order that he may be proceeded against by that Party or, if he has already been convicted, in order that he may serve his sentence in the territory of that Party for an offence other than that for which extradition is requested. ## 2 The requested Party may, instead of postponing surrender, temporarily surrender the person claimed to the requesting Party in accordance with conditions to be determined by mutual agreement between the Parties. ### HANDING OVER OF PROPERTY ## 1 The requested Party shall, insofar as its law permits and at the request of the requesting Party, seize and hand over property: (a) which may be required as evidence or (b) which has been acquired as a result of the offence and which, at the time of the arrest, is found in the possession of the person claimed or is discovered subsequently. ## 2 The property mentioned in paragraph 1 of this Article shall be handed over even if extradition, having been agreed to, cannot be carried out owing to the death or escape of the person claimed. ## 3 When the said property is liable to seizure or confiscation in the territory of the requested Party, the latter may, in connection with pending criminal proceedings, temporarily retain it or hand it over on condition that it is returned. ## 4 Any rights which the requested Party or third parties may have acquired in the said property shall be preserved. Where these rights exist, the property shall be returned without charge to the requested Party as soon as possible after the trial. ### TRANSIT ## 1 Transit through the territory of one of the Contracting Parties shall be granted on submission of a request by the means mentioned in Article 12, paragraph 1, provided that the offence concerned is not considered by the Party requested to grant transit as an offence of a political or purely military character having regard to Articles 3 and 4 of this Convention. ## 2 Transit of a national, within the meaning of Article 6, of a country requested to grant transit may be refused. ## 3 Subject to the provisions of paragraph 4 of this Article, it shall be necessary to produce the documents mentioned in Article 12, paragraph 2. ## 4 If air transport is used, the following provisions shall apply: (a) when it is not intended to land, the requesting Party shall notify the Party over whose territory the flight is to be made and shall certify that one of the documents mentioned in Article 12, paragraph 2(a) exists. In the case of an unscheduled landing, such notification shall have the effect of a request for provisional arrest as provided for in Article 16, and the requesting Party shall submit a formal request for transit; (b) when it is intended to land, the requesting Party shall submit a formal request for transit. ## 5 A Party may, however, at the time of signature or of the deposit of its instrument of ratification of, or accession to, this Convention, declare that it will only grant transit of a person on some or all of the conditions on which it grants extradition. In that event, reciprocity may be applied. ## 6 The transit of the extradited person shall not be carried out through any territory where there is reason to believe that his life or his freedom may be threatened by reason of his race, religion, nationality or political opinion. ## ARTICLE 22 PROCEDURE Except where this Convention otherwise provides, the procedure with regard to extradition and provisional arrest shall be governed solely by the law of the requested Party. ## ARTICLE 23 LANGUAGE TO BE USED The documents to be produced shall be in the language of the requesting or requested Party. The requested Party may require a translation into one of the official languages of the Council of Europe to be chosen by it. ### EXPENSES ## 1 Expenses incurred in the territory of the requested Party by reason of extradition shall be borne by that Party. ## 2 Expenses incurred by reason of transit through the territory of a Party requested to grant transit shall be borne by the requesting Party. ## 3 In the event of extradition from a non-metropolitan territory of the requested Party, the expenses occasioned by travel between that territory and the metropolitan territory of the requesting Party shall be borne by the latter. The same rule shall apply to expenses occasioned by travel between the non-metropolitan territory of the requested Party and its metropolitan territory. ## ARTICLE 25 DEFINITION OF “DETENTION ORDER” For the purposes of this Convention, the expression “detention order” means any order involving deprivation of liberty which has been made by a criminal court in addition to or instead of a prison sentence. ### RESERVATIONS ## 1 Any Contracting Party may, when signing this Convention or when depositing its instrument of ratification or accession, make a reservation in respect of any provision or provisions of the Convention. ## 2 Any Contracting Party which has made a reservation shall withdraw it as soon as circumstances permit. Such withdrawal shall be made by notification to the Secretary-General of the Council of Europe. ## 3 A Contracting Party which has made a reservation in respect of a provision of the Convention may not claim application of the said provision by another Party save insofar as it has itself accepted the provision. ### TERRITORIAL APPLICATION ## 1 This Convention shall apply to the metropolitan territories of the Contracting Parties. ## 2 In respect of France, it shall also apply to Algeria and to the overseas Departments and, in respect of the United Kingdom of Great Britain and Northern Ireland, to the Channel Islands and to the Isle of Man. ## 3 The Federal Republic of Germany may extend the application of this Convention to the Land of Berlin by notice addressed to the Secretary-General of the Council of Europe, who shall notify the other Parties of such declaration. ## 4 By direct arrangement between two or more Contracting Parties, the application of this Convention may be extended, subject to the conditions laid down in the arrangement, to any territory of such Parties, other than the territories mentioned in paragraphs 1, 2 and 3 of this Article, for whose international relations any such Party is responsible. ### RELATIONS BETWEEN THIS CONVENTION AND BILATERAL AGREEMENTS ## 1 This Convention shall, in respect of those countries to which it applies, supersede the provisions of any bilateral treaties, conventions or agreements governing extradition between any two Contracting Parties. ## 2 The Contracting Parties may conclude between themselves bilateral or multilateral agreements only in order to supplement the provisions of this Convention or to facilitate the application of the principles contained therein. ## 3 Where, as between two or more Contracting Parties, extradition takes place on the basis of a uniform law, the Parties shall be free to regulate their mutual relations in respect of extradition exclusively in accordance with such a system notwithstanding the provisions of this Convention. The same principle shall apply as between two or more Contracting Parties each of which has in force a law providing for the execution in its territory of warrants of arrest issued in the territory of the other Party or Parties. Contracting Parties which exclude or may in the future exclude the application of this Convention as between themselves in accordance with this paragraph shall notify the Secretary-General of the Council of Europe accordingly. The Secretary-General shall inform the other Contracting Parties of any notification received in accordance with this paragraph. ### SIGNATURE, RATIFICATION AND ENTRY INTO FORCE ## 1 This Convention shall be open to signature by the Members of the Council of Europe. It shall be ratified. The instruments of ratification shall be deposited with the Secretary-General of the Council. ## 2 The Convention shall come into force 90 days after the date of deposit of the third instrument of ratification. ## 3 As regards any signatory ratifying subsequently the Convention shall come into force 90 days after the date of the deposit of its instrument of ratification. ### ACCESSION ## 1 The Committee of Ministers of the Council of Europe may invite any State not a Member of the Council to accede to this Convention, provided that the resolution containing such invitation receives the unanimous agreement of the Members of the Council who have ratified the Convention. ## 2 Accession shall be by deposit with the Secretary-General of the Council of an instrument of accession, which shall take effect 90 days after the date of its deposit. ## ARTICLE 31 DENUNCIATION Any Contracting Party may denounce this Convention insofar as it is concerned by giving notice to the Secretary-General of the Council of Europe. Denunciation shall take effect six months after the date when the Secretary-General of the Council received such notification. ## ARTICLE 32 NOTIFICATIONS The Secretary-General of the Council of Europe shall notify the Members of the Council and the Government of any State which has acceded to this Convention of: (a) the deposit of any instrument of ratification or accession; (b) the date of entry into force of this Convention; (c) any declaration made in accordance with the provisions of Article 6, paragraph 1, and of Article 21, paragraph 5; (d) any reservation made in accordance with Article 26, paragraph 1; (e) the withdrawal of any reservation in accordance with Article 26, paragraph 2; (f) any notification of denunciation received in accordance with the provisions of Article 31 and by the date on which such denunciation will take effect. In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at Paris, this 13th day of December 1957, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to the signatory Governments. ## Schedule 2: STATES PARTIES TO THE CONVENTION ## 1 Austria Cyprus Denmark Finland France Germany, Federal Republic of Greece Iceland Israel Italy Liechtenstein Luxembourg Netherlands Norway Portugal Spain Sweden Switzerland Turkey ## II Republic of Ireland ## Schedule 3: RESERVATIONS AND DECLARATIONS MADE BY STATES PARTIES TO THE CONVENTION ### Part 1: AUSTRIA ## Declarations 2 Austria will grant extradition also under the conditions mentioned in Article 2, paragraph 2. ## Reservations Austria will not grant extradition if the person claimed is to be brought before a special court or if the extradition should lead to the execution of a sentence or a detention order inflicted by such a court. ### Part 2: CYPRUS ## Declarations and Reservations The Government of the Republic of Cyprus declares that under Article 11. 2f of the Constitution of the Republic no extradition of citizens of the Republic can be made. The provisions, therefore, of this Article, as far as the Republic of Cyprus is concerned, should be restricted to extradition of aliens. ### Part 3: DENMARK ## Reservations Extradition may be granted on condition that the person charged with an offence shall not be proceeded against before a special court. Extradition may be refused if its object is the execution of a sentence pronounced by such a court. Extradition may also be refused if it is liable to have particularly serious consequences for the person claimed on account of his age, state of health or other personal reasons. ## Declarations The term “national” means in Denmark a national of Denmark, Finland, Iceland, Norway or Sweden, or a person domiciled in one of those countries. ### Part 4: FEDERAL REPUBLIC OF GERMANY ## Reservations and Declarations Extradition of Germans from the Federal Republic of Germany to a foreign country is not permitted by virtue of Article 16, paragraph 2, first sentence, of the Basic Law for the Federal Republic of Germany and must, therefore, be refused in every case. The term “nationals” within the meaning of Article 6, paragraph 1b, of the European Convention on Extradition covers all Germans within the meaning of Article 116, paragraph 1, of the Basic Law for the Federal Republic of Germany. ## Declaration The Permanent Representative declared, on behalf of his Government, that the European Convention on Extradition will also apply to Land Berlin with effect from the date on which it enters into force for the Federal Republic of Germany. ### Part 5: FINLAND ## Declaration and notification Within the meaning of this Convention the term “nationals” shall denote nationals of Finland, Denmark, Iceland, Norway and Sweden as well as aliens domiciled in these States. ## Reservations Finland reserves the right, when granting extradition, to stipulate that the extradited person shall not be prosecuted for the offence in question in a court which is only provisionally, or under exceptional circumstances, empowered to deal with such offences. Extradition requested for the execution of a sentence rendered by such special court may be refused. Finland reserves also the right to refuse extradition, if extradition on account of the age, the state of health or any other condition affecting the individual in question or on account of special conditions would be unreasonable for human reasons. ### Part 6: FRANCE ## Reservations and Declarations Extradition shall not be granted if the person sought would be tried in the requesting State by a tribunal which does not assure the fundamental procedural guarantees and the protection of the rights of the defence or by a tribunal created for that person’s particular case or if extradition is requested for the enforcement of a sentence or detention order imposed by such a tribunal. Extradition may be refused if surrender is likely to have consequences of any exceptional gravity for the person sought, particularly by reason of his age or state of health. ### Part 7: GREECE ## Reservations The provisions of Article 6 will be applied subject to the application of article 438a. of the Greek Code of Criminal Procedure, which prohibits extradition of nationals of the requested Party. Article 438 of the Greek Code of Criminal Procedure will also be applied in relation to paragraph 1c. Under that Article, the date of commission of the offence will on no account be taken into consideration in establishing the nationality of the wanted person. ### Part 8: ICELAND ## Reservations When granting extradition, Iceland reserves the right to stipulate that the extradited person may not be summoned to appear before a provisional court or a court empowered under exceptional circumstances to deal with such offences, as well as the right to refuse extradition for the execution of a sentence rendered by such special court. Extradition may also be refused if it is liable to have particularly serious consequences for the person claimed on account of his age, state of health or other personal circumstances. ## Declarations Within the meaning of the Convention the term “nationals” means a national of Iceland and a national of Denmark, Finland, Norway or Sweden or a person domiciled in Iceland or other aforementioned countries. ### Part 9: REPUBLIC OF IRELAND ## Declaration I have the honour to declare, in accordance with Article 6 of the Convention, that the term “national” in the Convention is hereby defined as meaning “citizens of Ireland” as far as my Government is concerned. ## Reservation The Irish authorities will not grant extradition if final judgment in respect of the offence for which extradition is requested has been passed in a third State on the person claimed. ### Part: PART 10 ## Declarations Israel will only grant transit of a person if, were the receiving State requesting the extradition of the wanted person from Israel, there would be no legal bar to declaring him subject to extradition and extraditing him. ## Reservations Israel will not grant extradition of a person charged with an offence unless it is proved in a court in Israel that there is evidence which would be sufficient for committing him to trial for such an offence in Israel. ## 1 Article 2 and Article 4 an offence with which a person can only be charged if at the time of committing it he is a soldier within the meaning of the Military Justice Law, 5715–1955; ## 2 Article 2 and Article 4 offences under Section 85 of the Criminal Code Ordinance, 1936 (preventing by force or obstructing notification or presence of a competent police officer in the event of a riotous assembly or riot) or under the Penal Law Amendment (Bigamy) Law, 5719–1959 (bigamy); ## 3 Article 2 and Article 4 offences under the Penal Law Amendment (Assault on Police Officers) Law, 5712–1952, or under any of the laws specified in the Schedule to the Prevention of Profiteering and Speculation bye-laws regulating sub-leasing and accommodation of guests, and the distribution, prices and control of the sale of foodstuffs). b. An offence the penalty for which is lighter than above specified and which is an offence under the Penal Law Amendment (Bribery) Law, 5712–1952, or under any of the following sections of the Criminal Code Ordinance, 1936: 88 (riotously preventing the sailing of a ship), 109B, 110–115 (various offences relating to abuse of office by public servants), 120–122, 124 (false swearing, deceiving witnesses, destroying evidence, conspiracy to defeat justice and interference with witnesses), 140 (fraud by public officers), 146 (insult to religion), 156, 158, 159 (intercourse by husband with girl under 15 years, indecency without force and indecent act upon person under 16 years), 161 d. (sodomy), 185, 186 (neglect in the supply of food etc. to, and desertion of children), 195 (spread of dangerous infection or disease), 218 (homicide by carelessness), 242, 250 (assault causing bodily harm), 261, 262 (compulsory labour and false imprisonment), 270 (theft), 304 b. and c. (defrauding of creditors), 305 (conspiracy to defraud the public), 310 (receiving property fraudulently obtained), 350 (imitation of bank-notes), 359, 360, 363–366 (counterfeiting), or under the Penal Law Amendment (Deceit, Blackmail and Extortion) Law, 5723–1963 (deceit and forgery). ### Part 11: ITALY ## Reservation Italy makes the express reservation that it will not grant the extradition of persons wanted for the carrying out of a detention order unless: a. all the criteria laid down in Article 25 are fulfilled in each case; b. the said detention order is expressly provided for under the criminal law of the requesting Party as being a necessary consequence of an offence. Italy declares that it will not, under any circumstances, grant extradition in respect of offences punishable by death under the law of the requesting Party. ### Part 12: LIECHTENSTEIN ## Declarations and Reservations Extradition is on principle granted by the Principality of Liechtenstein only on the condition that the person against whom proceedings are being taken for an offence be tried by the ordinary courts of the requesting State. It therefore reserves the right to grant extradition only on condition that the requesting State gives adequate assurances in that respect. ### Part 13: LUXEMBOURG ## Reservations The Government of the Grand Duchy of Luxembourg reserves the right not to grant extradition requested for the purpose of executing a judgment pronounced by default against which no remedy remains open, if such extradition might have the effect of subjecting the person claimed to a penalty without his having been enabled to exercise the rights of defence prescribed in Article 6.3c. of the Convention for the Protection of Human Rights and Fundamental Freedoms. The Government of the Grand Duchy of Luxembourg reserves the right to refuse extradition on humanitarian grounds if it would cause particular hardship to the person claimed, for example, because of his youth, advanced age or state of health. ## Declarations The Government of the Grand Duchy of Luxembourg declares that so far as the Grand Duchy of Luxembourg is concerned, “nationals” for the purposes of the Convention are to be understood as meaning persons of Luxembourg nationality as well as foreigners integrated into the Luxembourg community in so far as they can be prosecuted within Luxembourg for the act in respect of which extradition is requested. ### Part 14: NETHERLANDS ## Declaration made at signature Having regard to the equality existing in public law between the Netherlands, Surinam and the Netherlands Antilles, the term “metropolitan territories” used in paragraph 1 of Article 27 of the present Convention, no longer has its original sense in relation to the Kingdom of the Netherlands and consequently shall be deemed to signify, so far as concerns the Kingdom, “European territory”. ## Reservations The Netherlands Government reserves the right not to grant extradition requested for the purpose of executing a judgment pronounced by default against which no remedy remains open, if such extradition might have the effect of subjecting the person claimed to a penalty without his having been enabled to exercise the rights of defence prescribed in Article 6(3)c. of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November 1950. The Netherlands Government reserves the right to refuse extradition on humanitarian grounds if it would cause particular hardship to the person claimed, for example, because of his youth, advanced age or state of health. ## Declarations made on ratification The Government of the Kingdom of the Netherlands will not permit the transit of Netherlands nationals nor their extradition for the purposes of the enforcement of penalties or other measures. However, Netherlands nationals may be extradited for purposes of prosecution if the requesting State provides a guarantee that the person claimed may be returned to the Netherlands to serve his sentence if, following his extradition, a custodial sentence other than a suspended sentence or a measure depriving him of his liberty is imposed upon him. As regards the Kingdom of the Netherlands, “nationals” for the purpose of the Convention are to be understood as meaning persons of Netherlands nationality as well as foreigners integrated into the Netherlands community insofar as they can be prosecuted within the Kingdom of the Netherlands for the act in respect of which extradition is requested. ### Part 15: NORWAY ## Declaration and Reservations Extradition may be refused on humanitarian grounds if surrender is likely to have consequences of an exceptional gravity for the person claimed, particularly by reason of his age, state of health or other personal circumstances. ### Part 16: PORTUGAL ## Declaration and Reservation The term “nationals” within the meaning of the Convention shall apply to Portuguese citizens, regardless of how they acquired their nationality. ### Part 17: SPAIN ## Reservations The person claimed may not be brought to trial before a special court in the territory of the requesting State. Extradition shall not be granted for this purpose nor for the enforcement of a sentence or detention order imposed by courts of this nature. ## Declarations Spain will apply the rule of reciprocity in respect of offences excluded from the application of the present Convention by virtue of Article 2 thereof. ### Part 18: SWEDEN ## Declarations Within the meaning of this Convention the term “nationals” shall denote, in addition to Swedish nationals, aliens domiciled in Sweden, nationals of Denmark, Finland, Iceland and Norway, as well as aliens domiciled in these States. ## Reservations Sweden reserves the right, when granting extradition, to stipulate that the extradited person may not be summoned to appear before a court which is only provisionally, or under exceptional circumstances, empowered to deal with such offences, as well as the right to refuse extradition for the execution of a sentence rendered by such special court. Sweden reserves the right to refuse extradition in special cases, if that measure is manifestly incompatible with its humanitarian obligations, on account of the age, the state of health or any other condition affecting the individual in question, having regard also to the nature of the offence and the interests of the requesting State. ### Part 19: SWITZERLAND ## Declarations and Reservations The Swiss Federal Council declares that extradition by Switzerland is in all cases subject to the condition that the person claimed is not brought before an extraordinary court (tribunal d'exception). It therefore reserves the right to refuse extradition: a. if there is a possibility that the person claimed, if extradited, will be brought before an extraordinary court (tribunal d'exception) and if the requesting State does not give assurances deemed sufficient, that the judgment will be passed by a court which is generally empowered under the rules of judicial administration to pronounce on criminal matters: b. if extradition is requested for the purpose of carrying out a sentence passed by an extraordinary court (tribunal d'exception). ### Part 20: TURKEY ## Declaration The assurance mentioned in Article 11 will be limited to the following procedure: In the event of extradition to Turkey of an individual under sentence of death or accused of an offence punishable by death, any requested Party whose law does not provide for capital punishment shall be authorised to transmit a request for commutation of death sentence to life imprisonment. Such request shall be transmitted by the Turkish Government to the Grand National Assembly, which is the final instance for confirming a death sentence, insofar as the Assembly has not already pronounced on the matter. ## Schedule 4 RESERVATIONS AND NOTIFICATION BY THE UNITED KINGDOM The United Kingdom reserves the right to refuse to grant extradition which is requested pursuant to or for the purpose of executing a conviction or sentence pronounced against the person concerned in his absence from the proceedings in respect of which the conviction or sentence was pronounced. ## Schedule 5 ORDERS REVOKED The Austria (Extradition) Order 1970 (S.I. 1970/1111) The Austria (Extradition) (Extension) Order 1972 (S.I. 1972/1581) Order in Council dated June 26 1873 directing that the Extradition Acts shall apply in the case of the Kingdom of Denmark. The Denmark (Extradition) Order in Council 1936 (S.R. & O. 1936/405) The Denmark (Extradition) (Amendment) Order 1979 (S.I. 1979/1311) The Federal Republic of Germany (Extradition) Order 1960 (S.I. 1960/1375) The Federal Republic of Germany (Extradition) (Amendment) Order 1978 (S.I. 1978/1403) The Finland (Extradition) Order 1976 (S.I. 1976/1037) Order in Council dated May 16 1878, directing that the Extradition Acts shall apply in the case of France. Order in Council dated February 22 1896 directing that the Extradition Acts shall apply in the case of France (S.R. & O. 1896/54) Order in Council directing that the Extradition Acts shall apply in the case of France etc 1909 (S.R. & O. 1909/1458) The France (Extradition) Order in Council 1928 (S.R. & O. 1928/575) The France (Extradition) (Amendment) Order 1978 (S.I. 1978/455) Order in Council directing that the Extradition Acts shall apply in the case of Greece in accordance with a Treaty of September 11/24 1910 (S.R. & O. 1912/193) The Iceland (Extradition) Order in Council 1939 (S.R. & O. 1939/825) The Israel (Extradition) Order 1960 (S.I. 1960/1660) The Israel (Extradition) (Amendment) Order 1978 (S.I. 1978/1623) Order in Council dated March 24 1873 directing that the Extradition Acts shall apply in the case of the Kingdom of Italy. Order in Council dated March 2 1881 directing that the Extradition Acts shall apply in the case of the Grand Duchy of Luxembourg. The Luxembourg (Extradition) Order in Council 1951 (S.I. 1951/1170) Order in Council dated February 2 1899 directing that the Extradition Acts shall apply in the case of the Netherlands. (S.R. & O. 1899/83) Order in Council dated September 30, 1873 directing that the Extradition Acts shall apply in the case of the Kingdoms of Sweden and Norway. Order in Council directing that the Extradition Acts shall apply in the case of the Kingdom of Norway (S.R. & O. 1907/545) The Norway (Extradition) (Amendment) Order 1979 (S.I. 1979/913) The Norway (Extradition) (Amendment) Order 1985 (S.I. 1985/1637) Order in Council dated March 3 1894 directing that the Extradition Acts shall apply in the case of the Kingdom of Portugal (S.R. & O. 1894/102). The Portugal (Extradition) Order in Council 1933 (S.R. & O. 1933/678). The Spain (Extradition) Order 1986 (S.I. 1986/766) The Sweden (Extradition) Order 1966 (S.I. 1966/226) The Sweden (Extradition) (Extension) Order 1966 (S.I. 1966/811) The Sweden (Extradition) (Amendment) Order 1980 (S.I. 1980/566) Order in Council dated May 18 1881 directing that the Extradition Acts shall apply in the case of Switzerland. Order in Council directing that the Extradition Acts shall apply in the case of Switzerland (S.R. & O. 1905/616) The Switzerland (Extradition) Order in Council 1935 (S.R. & O. 1935/676) ## Explanatory note (This note is not part of the Order) This Order gives effect to the European Convention on Extradition. It provides that the Extradition Act 1989, so far as it relates to extradition procedures under Part III of that Act shall apply as between the United Kingdom and the States parties to the European Convention on Extradition which are listed in Part I of Schedule 2 to the Order. It will come into force when the Convention enters into force for the United Kingdom, that is to say, 90 days after the deposit of the instrument of ratification on behalf of the United Kingdom. --- Source: https://www.legislation.gov.uk/uksi/1990/1507 (the official version) Page: https://openlegislation.uk/european-convention-on-extradition-order-1990 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.