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The European Union Extradition Regulations 2002

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LUXEMBOURG

Article 3

The Government of the Grand Duchy of Luxembourg declares that the conditions of Article 3(1) are fulfilled if the participation of the person to be extradited, in addition to meeting the requirements of Articles 66 and 67, meets those of Articles 324 and 324b of the Penal Code or those of Article 11 of the amended Law of 19 February 1973 concerning the sale of medicinal substances and the fight against drug addiction.

Article 5

The Government of the Grand Duchy of Luxembourg declares that it will apply Article 5(1) only in relation to: (a) the offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism, and (b) offences of conspiracy or association to commit one or more of the offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism.

Article 6

The Government of the Grand Duchy of Luxembourg declares that it will grant extradition in connection with a fiscal offence only for acts or omissions which may constitute an offence in connection with excise, value-added tax or customs.

Article 7

The Government of the Grand Duchy of Luxembourg declares that it will not grant extradition of its nationals and, in its relations with the States Parties to this Convention, will uphold the effect of the reservation and the declaration made in the framework of Articles 6 and 21 of the European Convention on Extradition.

Article 12

The Government of the Grand Duchy of Luxembourg declares that Article 15 of the European Convention on Extradition and Article 14(1) of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters shall continue to apply except where the person extradited consents to be re-extradited to another Member State in accordance with this Convention.

Article 13

The Government of the Grand Duchy of Luxembourg declares that the Ministry of Justice is designated to perform the function of central authority in the Grand Duchy of Luxembourg within the meaning of Article 13 of the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, relating to extradition between the Member States of the European Union, signed on 27 September 1996.

Article 14

The Government of the Grand Duchy of Luxembourg declares that, in its relations with other Member States which have made the same declaration, the judicial authorities or other competent authorities of those Member States may, where appropriate, make requests directly to the Principal Public Prosecutor of the State for supplementary information in accordance with Article 13 of the European Convention on Extradition or Article 12 of the Benelux Treaty on Extradition and Mutual Assistance in Criminal Matters. Where Luxembourg is the requested State, the authority to request such supplementary information lies with the Ministry of Justice, the Principal Public Prosecutor (of the State) and the judicial authorities responsible for the extradition procedure.

Article 18

The Government of the Grand Duchy of Luxembourg declares that as far as it is concerned this Convention shall apply to its relations with Member States that have made the same declaration.

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