Commentary on Sections Part 4: Miscellaneous Section 86: Schengen-building provisions of the 1996 Extradition Convention
164.The UK is participating in Chapter 4 of the Schengen Convention (Articles 59 to 66) which relates to extradition. No legislation is needed to implement these provisions as they have been superseded by two further Conventions on extradition in 1995 and 1996 which build on the Schengen provisions - the Convention on Simplified Extradition Procedure between Member States of the European Union (the “1995 Convention”) and the Convention Relating to Extradition between Member States of the European Union (the “1996 Convention”). The 1995 Convention and the 1996 Convention have already been implemented in the UK by the European Union Extradition Regulations 2002 (S.I. 2002/419) (the “2002 Regulations”), which amended existing extradition legislation contained in the 1989 Extradition Act.
165.As non-EU Member States, Norway and Iceland were not original parties to the 1995 and 1996 Conventions but they are participants in Schengen, including the extradition provisions. As such, it is open to them, subject to the approval of the Member States, to seek to participate in those elements of the 1995 Convention and the 1996 Convention that have been classified as “Schengen-building”. The 1995 Convention is entirely “Schengen-building”, and such a decision would bring the Convention into force between the UK and Norway or Iceland under the 2002 Regulations. However, the 1996 Convention is only partially “Schengen‑building”, and if Norway and Iceland chose to participate in the “Schengen-building” parts alone, the Convention as a whole would not be in force between the UK and Norway or Iceland and the implementation of the 1996 Convention under the 2002 Regulations would not suffice. This section therefore provides a power for the UK to bring into force the relevant parts of the 1996 Convention by Order in Council, subject to the negative resolution procedure. This would enable the relevant provisions of the Extradition Act 1989 to apply to Norway and Iceland; and to any other state which may participate in these Schengen‑building measures. EU Member States are currently in the process of negotiating an agreement with Norway and Iceland that will introduce surrender procedure similar to the European Arrest Warrant between them. In the light of these negotiations, Norway and Iceland are no longer interested in applying the 1995 and 1996 Conventions.
166.The Schengen‑building provisions are concerned with the definition of extraditable offences; extradition for fiscal offences; statute barring of extradition; barring by amnesty; and facsimile transmission of documents in extradition requests.