S.I. No. 323/1976 - Extradition Act, 1965 (Part II) (No. 12) Order, 1976.

1. The Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Convention, provided that the resolution containing such invitation receives the unanimous agreement of the Members of the Council who have ratified the Convention.

2. Accession shall be by deposit with the Secretary-General of the Council of an instrument of accession, which shall take effect 90 days after the date of its deposit.

Article 31

DENUNCIATION.

Any Contracting Party may denounce this Convention in so far as it is concerned by giving notice to the Secretary-General of the Council of Europe. Denunciation shall take effect six months after the date when the Secretary-General of the Council received such notification.

Article 32

NOTIFICATIONS.

The Secretary-General of the Council of Europe shall notify the Members of the Council and the Government of any State which has acceded to this Convention of

(

a

) the deposit of any instrument of ratification or accession;

(

b

) the date of entry into force of this Convention;

(

c

) any declaration made in accordance with the provision of Article 6, paragraph 1, and of Article 21, paragraph 5;

(

d

) any reservation made in accordance with Article 26, paragraph 1;

(

e

) the withdrawal of any reservation in accordance with Article 26, paragraph 2,

(

f

) any notification of denunciation received in accordance with the provisions of Article 31 and by the date on which such denunciation will take effect.

In witness whereof the undersigned, being duly authorised thereto have signed this Convention.

Done at Paris, this 13th day of December, 1957, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to the signatory Governments.

(Here follow signatures)

PART II.

DECLARATIONS AND RESERVATIONS OF THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY.

Article 6

Extradition of Germans from the Federal Republic of Germany to a foreign country is not permitted by virtue of Article 16, paragraph 2, first sentence, of the Basic Law for the Federal Republic of Germany and must, therefore, be refused in every case.

The term "nationals" within the meaning of Article 6, paragraph 1 (

b

), of the European Convention on Extradition covers all Germans within the meaning of Article 116, paragraph 1, of the Basic Law for the Federal Republic of Germany.

Article 21

In a case of transit under Article 21 of the European Convention on Extradition Article 11 of the Convention will be applied

mutatis mutandis.

Article 21, paragraph 2

Transit of a German through the territory of the Federal Republic of Germany is not permitted by virtue of Article 16, paragraph 2, first sentence, of the Basic Law for the Federal Republic of Germany and must, therefore, be refused in every case.

Article 21, paragraph 4 (a

)

Where transit is to be effected by air through the territory of the Federal Republic of Germany without any intention to land, an assurance will be required to the effect that, according to the facts known to the requesting Party and the documents in its possession, the extradited person is not a German and does not claim such status.

Article 23

Where the request for extradition and the documents to be produced are not in the German language they must be accompanied by translations of the request and the documents into the German language or into one of the official languages of the Council of Europe.

Article 27, paragraph 3

The European Convention on Extradition shall also apply to Land Berlin with effect from the date on which it will enter into force for the Federal Republic of Germany; however, a request for the extradition of a national of the French Republic, of the United Kingdom of Great Britain and Northern Ireland, or of the United States of America from Land Berlin may be complied with only after the Berlin Commandant of the armed forces of the State concerned has agreed.

GIVEN under the Official Seal of the Government, this 22nd day of

December, 1976.

LIAM MAC COSGAIR.

EXPLANATORY NOTE.

This order applies Part II of the Extradition Act 1965 to the Federal Republic of Germany, enabling the extradition of persons between the Federal Republic of Germany and Ireland in the terms of the European Convention on Extradition.

3. As regards any signatory ratifying subsequently the Convention shall come into force 90 days after the date of the deposit of its instrument of ratification.

Article 30

ACCESSION.

4. By direct arrangement between two or more Contracting Parties, the application of this Convention may be extended, subject to the conditions laid down in the arrangement, to any territory of such Parties, other than the territories mentioned in paragraphs 1, 2 and 3 of this Article, for whose international relations any such Party is responsible.

Article 28

RELATIONS BETWEEN THIS CONVENTION AND BILATERAL AGREEMENTS.

5. A Party may, however, at the time of signature or of the deposit of its instrument of ratification of, or accession to, this Convention, declare that it will only grant transit of a person on some or all of the conditions on which it grants extradition. In that event, reciprocity may be applied.

6. The transit of the extradited person shall not be carried out through any territory where there is reason to believe that his life or his freedom may be threatened by reason of his race, religion, nationality or political opinion.

Article 22

PROCEDURE.

Except where this Convention otherwise provides, the procedure with regard to extradition and provisional arrest shall be governed solely by the law of the requested Party.

Article 23

LANGUAGE TO BE USED.

The documents to be produced shall be in the language of the requesting or requested Party. The requested Party may require a translation into one of the official languages of the Council of Europe to be chosen by it.

Article 24

EXPENSES.

7. Any Party may apply reciprocity in respect of any offences excluded from the application of the Convention under this Article.

Article 3

POLITICAL OFFENCES.

S.I. No. 323 of 1976.

EXTRADITION ACT, 1965 (PART II) (No. 12) ORDER, 1976.

WHEREAS by the European Convention on Extradition (the terms of which are set out in Part I of the Schedule hereto) done at Paris on the 13th day of December, 1957, to which the State is a party, an arrangement was made with the other countries which are parties to the Convention for the surrender of persons wanted for prosecution or punishment

AND WHEREAS the Convention was ratified on behalf of the Government on the 2nd day of May, 1966, subject to the reservation specified in the said Part I

AND WHEREAS the Convention has been ratified by the Government of the Federal Republic of Germany subject to the declarations and reservations by that Government specified in Part II of the said Schedule and it is intended accordingly to apply Part II of the Extradition Act, 1965, in relation to that country

NOW, the Government, in exercise of the powers conferred on them by section 8 (1) of the Extradition Act, 1965 (No. 17 of 1965), hereby order as follows