COUNCIL OF

THE EUROPEAN UNION

Brussels, 3 June 2003

(OR. en)

9153/03

AGREEMENT ON EXTRADITION BETWEEN THE EUROPEAN UNION AND THE UNITED STATES OF AMERICA

(excerpts - including statements by EU Delegations submitted at Justice and Home Affairs Council Meeting of 6 June 2003)

THE EUROPEAN UNION AND THE UNITED STATES OF AMERICA,

(...)

HAVE AGREED AS FOLLOWS: (...)

ARTICLE 13

Capital Punishment

Where the offence for which extradition is sought is punishable by death under the laws in the requesting State and not punishable by death under the laws in the requested State, the requested State may grant extradition on the condition that the death penalty shall not be imposed on the person sought, or if for procedural reasons such condition cannot be complied with by the requesting State, on condition that the death penalty if imposed shall not be carried out. If the requesting State accepts extradition subject to conditions pursuant to this Article, it shall comply with the conditions. If the requesting State does not accept the conditions, the request for extradition may be denied.

(...)

ANNEX 2

STATEMENT BY PORTUGAL CONCERNING ARTICLE 13 OF THE AGREEMENT ON EXTRADITION

"In accordance with its constitutional law, Portugal will not avail itself of the option in Article 13 of the Agreement on extradition and will not grant extradition where the offence is punishable by the death penalty. Portugal may, however, make extradition subject to the condition that, under the domestic law of the requesting State, which is binding on its courts or authorities responsible for enforcement of sentence, it is not legally possible to find the death penalty imposable on the person whose extradition is sought or to enforce that penalty, if already imposed prior to the extradition request."

EN translation provided by the Portuguese delegation:

According to its constitutional law, Portugal will not use the faculty provided for in Article 13 of the Extradition Agreement, and will not grant extradition where the offence is punishable with death penalty. Portugal, may, however, subject the extradition to the condition that, according with the law of the requesting State, binding to its courts and the authorities competent to enforce the penalties, it will not be legally possible to consider to apply death penalty to the case, or it will not be legally possible to enforce that penalty, where it has already been imposed prior to the extradition request."

ANNEX 3

Commission Statement on the occasion for the Council authorising its Presidency to sign the EU-USA Agreements on Extradition and mutual legal assistance in criminal matters, respectively

"The Commission welcomes the progress achieved on the EU-USA Agreements on mutual assistance in criminal matters and on extradition. This progress clearly shows the strength of transatlantic solidarity, notably in the fight against terrorism and other forms of serious crime.

These agreements will facilitate the work of practitioners in the field of judicial co-operation in criminal matters and will improve the situation on a number of important human rights issues by comparison with most existing bilateral treaties, notably as regards capital punishment and limitations on use to protect personal and other data. The Commission notes that these Agreements are the first Union agreements on the basis of Articles 24 and 38 which directly concern fundamental rights of individuals.

The Commission recalls in this context the urgent need to achieve within the framework of the Convention and the subsequent IGC a substantial improvement in judicial control in these fields, in order to ensure a judicial protection and an uniform interpretation, in particular where the fundamental rights of individuals are concerned."