42000X0922(02)

DECLARATION OF THE EXECUTIVE COMMITTEE

of 26 June 1996

on extradition

(SCH/Com-ex (96) Decl. 6 Rev. 2)

Whereas the free movement of persons provided for in the Schengen Agreement and the Convention implementing the Schengen Agreement is accompanied by compensatory measures aiming to guarantee security within the territory of the Schengen States;

Whereas judicial cooperation in criminal matters is an important aspect of these measures;

Whereas the Convention implementing the Schengen Agreement contains provisions aiming to simplify judicial cooperation in criminal matters, in particular extradition;

Having regard to the experience gained in the field of extradition, in particular for terrorist offences, since the Convention was brought into force;

Taking into account the importance that the Contracting Parties attach to effectively combating terrorism within their common territory;

Taking into account the Declaration on the fight against terrorism adopted by the Executive Committee at The Hague on 21 February 1996;

Welcoming the Agreement reached on 26 June 1996 between the Member States of the European Union on a Convention on the improvement of extradition, which represents a positive step forward in cooperation between the Member States,

THE CONTRACTING PARTIES HEREBY DECLARE THAT:

1. When examining a request for extradition, each requested State shall take into account the need to safeguard the Schengen area of free movement and security;

2. Each requested State shall take the necessary steps to ensure that when a decision is taken to suspend detention pending extradition, appropriate measures may be adopted so that the person sought does not have the opportunity to escape extradition following the decision, and where the law of the requested State does not provide a sufficient legal basis for the measures in question, the requested State shall undertake to initiate, in accordance with constitutional requirements, the legal measures to achieve the aforementioned objective;

3. Each requested State shall inform the requesting State without delay when detention of the person sought pending extradition is suspended;

4. Pending agreement on a legal basis as provided for under point 2, the parties concerned shall take all necessary measures bilaterally to prevent any act which might jeopardise law and order in a Schengen Member State.