Statutory Instrument 1999 No. 2035

The European Convention on Extradition Order 1990 (Amendment) Order 1999

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STATUTORY INSTRUMENTS

1999 No. 2035
EXTRADITION
The European Convention on Extradition Order 1990 (Amendment) Order 1999

	Made	21st July 1999
	Laid before Parliament	29th July 1999
	Coming into force	1st September 1999

At the Court at Buckingham Palace, the 21st day of July 1999
Present,
The Queen's Most Excellent Majesty in Council
Whereas the European Convention on Extradition ("the Convention")[1] opened for signature at Paris on 13th December 1957 entered into force for the United Kingdom on 14th May 1991:

     And whereas the Convention entered into force in respect of Albania on 17th August 1998 and Albania made the reservations and declarations set out in Article 2(b)(i) of this Order:

     And whereas the Convention entered into force in respect of Ukraine on 9th June 1998 and Ukraine made the reservations and declarations set out in Article 2(b)(iii) of this Order:

     Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 4(1) and 37(3) of the Extradition Act 1989[2], 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 (Amendment) Order 1999 and shall come into force on 1st September 1999.

     2. The European Convention on Extradition Order 1990[3] ("the 1990 Order") shall be amended as follows:-

(b) in Schedule 3 (which sets out the reservations and declarations made by States parties to the Convention)-

" Part 1

Albania

Reservations and Declarations

Relating to paragraph 1 of Article 2 of the Convention, the Albanian party has no minimum limits for the term of imprisonment for the effect of extradition. The Albanian party considers this declaration as valid only in conditions of reciprocity.

Relating to paragraph 1, sub-paragraph a, of Article 6, the Albanian party refuses the extradition of its nationals, unless otherwise provided in the International Agreements to which Albania is a contracting party.

Relating to paragraph 1, sub-paragraph b, of Article 6, the Albanian party includes in the term "nationals" the "persons with double nationality", in case either of them is Albanian.

Relating to paragraph 1 of Article 7, the Albanian party does not allow the extradition of the persons who have committed offences either in the Albanian territory or outside it, when the offence has injured the interest of the State or of the nationals, unless it is otherwise agreed with the interested party.

Relating to paragraph 2 of Article 19, the Albanian party declares that when a person asked to be surrendered is serving a sentence for another offence, he or she, in the event of extradition, shall be permitted to serve the full sentence in the requesting country.

Relating to paragraph 4, sub-paragraph a, of Article 21, the Albanian party declares that prior notification is not necessary in cases of transit by air that does not schedule the landing in Albanian territory.

Declarations contained in paragraphs 1, 4 and 5 are valid only in conditions of reciprocity.

Relating to paragraph 2 of Article 12, the Albanian party presents the reservation that the request for extradition must be accompanied always by the original text, or authenticated copy of the applied law";