Surrender procedure between EU Member States and Iceland and Norway

SUMMARY OF:

Agreement between the EU and Iceland and Norway on the surrender procedure between the EU Member States and Iceland and Norway

Decision 2006/697/EC on the signing of the Agreement between the EU and Iceland and Norway on the surrender procedure between the EU Member States and Iceland and Norway

Decision 2014/835/EU on the conclusion of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway

WHAT IS THE AIM OF THE AGREEMENT AND DECISIONS?

The object of this agreement is to improve judicial cooperation in criminal matters between the EU Member States and Iceland and Norway. It aims to set up a surrender procedure* to speed up the transfer of suspected and convicted persons and to ensure sufficient controls on carrying out European arrest warrants.
The parties to the agreement undertake to respect fundamental rights, to protect personal data and to refuse to surrender any person based on discriminatory reasons. They also express their mutual confidence in their legal systems and their ability to guarantee a fair trial.
Decision 2006/697/EC approves the signing of the agreement on behalf of the EU, subject to its being concluded.
Decision 2014/835/EU approves the agreement on the surrender procedure between the Member States and Iceland and Norway.

KEY POINTS

Arrest warrant

An arrest warrant may be issued for offences punishable by a custodial sentence or detention order of at least 12 months, or 4 months where a sentence has already been passed or a detention order made.
The arrest warrant containing details of the identity of the requested person, the issuing authority, the sentence and the nature of the offence is transmitted as soon as the requested person is found, and communicated to the Schengen Information System (SIS) or, if this is not possible, to Interpol.
If the person consents to the surrender, the final decision to carry out the arrest warrant should be taken within 10 days after consent has been given. In other cases, the final decision on carrying out the arrest warrant should be taken within 60 days after the arrest. In some circumstances this can be extended by 30 days.

Double criminality

For offences punishable by a custodial sentence of at least 3 years, the parties can declare that they do not require the condition of double criminality* for 32 categories of offences as long as the offences carry a sentence of at least 3 years.

These offences include:

participation in a criminal organisation,
terrorism,
trafficking in human beings,
sexual exploitation of children and child pornography,
illicit trafficking in narcotic drugs and psychotropic substances,
illicit trafficking in weapons, munitions and explosives,
corruption,
fraud, including that affecting the EU’s financial interests,
laundering of the proceeds of crime,
counterfeiting currency, including of the euro,
computer-related crime,
environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties,
facilitation of unauthorised entry and residence,
murder, grievous bodily injury,
illicit trade in human organs and tissue,
kidnapping, illegal restraint and hostage-taking,
racism and xenophobia,
organised or armed robbery,
illicit trafficking in cultural goods, including antiques and works of art,
swindling,
racketeering and extortion,
counterfeiting and piracy of products,
forgery of administrative documents and trafficking therein,
forgery of means of payment,
illicit trafficking in hormonal substances and other growth promoters,
illicit trafficking in nuclear or radioactive materials,
trafficking in stolen vehicles,
rape,
arson,
crimes within the jurisdiction of the International Criminal Court,
unlawful seizure of aircraft/ships,
sabotage.

Grounds for not executing an arrest warrant

Mandatory grounds for refusal:

Judicial authorities will refuse to carry out an arrest warrant if:

the offence is covered by an amnesty;
the person has already been tried for the same offence and has served or is serving their sentence;
the person cannot be held criminally responsible because of their age.

Optional grounds for refusal:

Countries can refuse to carry out an arrest warrant if:

the acts are not an offence in the country being asked to carry out the arrest warrant, that is, the executing state (except in relation to taxes, duties, customs and exchange);
the person is being prosecuted in the executing state for the same offence;
the state has passed a final judgement in respect of the same offence, which prevents further proceedings;
the authorities in the executing state have decided not to prosecute the person or have halted proceedings;
the criminal prosecution or punishment of the requested person is barred by statute in the executing state;
the requested person is a national or resident of the executing state and that state undertakes to carry out the sentence;
the offences were committed outside the issuing state or its laws do not permit prosecution for those offences.

Fundamental rights

The agreement states that it respects fundamental rights and fundamental legal principles laid down in the European Convention on Human Rights, or Article 6 of the Treaty on European Union.

It also states it should not be interpreted as prohibiting the refusal to surrender a person:

where the arrest warrant may have been issued on the grounds of sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation;
where that person’s position may be prejudiced for any of these reasons.

Political offence exception

The executing state may not refuse to carry out an arrest warrant on the grounds that it regards the offence as political. The parties can, however, limit this option to offences covered by Directive (EU) 2017/541 on combating terrorism and by Articles 1 and 2 of the European Convention on the Suppression of Terrorism, 1977.

Surrender procedure

The arrested person must be informed at the time of the arrest of the contents of the warrant, the possibility of consenting to surrender to the issuing authority, and the right to be assisted by legal counsel and an interpreter.
The person may remain in detention or be released provisionally, provided that measures are taken to prevent absconding.
The hearing is conducted under the laws of the executing state and in agreed conditions.
The person can choose to voluntarily consent to surrender, if this is with full knowledge of the consequences.
The person should be surrendered where possible within 10 days of the decision to execute the warrant or of the surrender date agreed between the authorities.
The executing authority seizes and hands over property that may serve as evidence or that has been acquired by the person as a result of the offence.
The parties will permit the transit through their territory of a person being surrendered, provided that they have full information about the warrant.

Expenses

All expenses are borne by the issuing state, except those incurred in the territory of the executing state in connection with carrying out an arrest warrant.

Disputes and review

Any disputes should be referred to a meeting of representatives of the governments of the parties and settled within 6 months.

The parties will keep under review the development of the case-law of the Court of Justice of the European Union and of the case-law of the competent courts of Iceland and Norway, and will carry out a review of the agreement no later than 5 years after it comes into force.

DATE OF ENTRY INTO FORCE

The agreement entered into force on 1 November 2019.

BACKGROUND

For more information, see:

European Arrest Warrant (European e-Justice).

KEY TERMS

Surrender procedure: a procedure that allows a country to surrender a person to another country for the purpose of conducting a criminal prosecution or executing a custodial sentence or spell in detention.

Double criminality: in extradition/surrender law, a feature by which countries can refuse to extradite/surrender persons if the alleged criminal offence in the country requesting the extradition/surrender would not be an offence in the country being asked to carry out the extradition/surrender.

MAIN DOCUMENTS

Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway (OJ L 292, 21.10.2006, pp. 2-19)

Council Decision 2006/697/EC of 27 June 2006 on the signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway (OJ L 292, 21.10.2006, p.1)

Council Decision 2014/835/EU of 27 November 2014 on the conclusion of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway (OJ L 343, 28.11.2014, pp. 1-2)