COUNCIL OF
THE EUROPEAN UNION / Brussels,3 June 2005
9602/05
LIMITE
CRIMORG49

NOTE

From: / Presidency
To: / The Multi Disciplinary Group (MDG)
Subject: / Orientation debate on a proposed Mutual Evaluation exercise concerning, in particular, the practical application of the provisions of the Framework Decision on the European Arrest Warrant and corresponding surrender procedures between Member States
  1. By virtue of article 2, paragraph 1 of Joint Action 97/827/JHA adopted by the Council on the5th December 1997, the Presidency shall propose that an evaluation exercise be undertaken to determine the extent of the practical successes delivered by the European Arrest Warrant ("EAW").
  1. It should be recalled that during the first half of 2001the MDG had decided to conduct the third round of Mutual Evaluation on the subject of extradition[1]. By virtue of the then conceptual, EAW Framework decision, that approved evaluation exercise was, on the910thJanuary 2002, postponed by the MDG in favour of an alternative theme, namely the exchange of information and intelligence between Europol and the Member States and among the Member States respectively[2].
  1. A thorough and practical review of the EAW is now required, indeed it was the view of the Presidency at the time of the postponement referred to in 2. above that this evaluation could in principle commence on the 1st January 2005[3]. Although initial experiences, as outlined in the Commission's report[4] are positive, for example, the average time taken for surrender having fallen from 9 months under the preexisting extradition system to a period of just 43 days at present, some practical problems persist. These issues were discussed within COPEN (Experts on the EAW) on the 5th April 2005, where the proposition that this evaluation should be undertaken at this time was supported.
  1. The Presidency suggests that the theme of the fourth round of Mutual Evaluation be as follows:

"The application in practice of the issuing and execution of the European Arrest Warrant and cooperation between the Member States in this regard".

5.Should the Multidisciplinary Group agree to this proposal, the Presidency suggests that it would be appropriate that the United Kingdom Presidency prepare the draft questionnaire. The Presidency further proposes, that for reasons of planning and execution, evaluations should commence during the early part of 2006, after Member States have submitted names of experts of substantial experience in this field to the General Secretariat.

6.The Presidency is of the view that due consideration should be given to the extension of an invitation to Eurojust to join this Mutual Evaluation exercise in the capacity of observer. It goes without saying that the Commission should be fully associated with this exercise.

7.The Multidisciplinary Group is invited to agree to this proposal.

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9602/05AS/ld1

DG H 2 EN

[1]Questionnairedoc. 12119/01 having been adopted on the 12th July 2001.

[2]See ultimate third round evaluation questionnaire doc. 11679/3/02 REV 3 CRIMORG 71.

[3]Doc. 5617/02 CRIMORG 7 refers.

[4]Doc. 6815/05 COPEN 42.