The European Convention on Extradition (Fiscal Offences) (Amendment) Order 2003

Statutory Instruments

2003 No. 436

EXTRADITION

The European Convention on Extradition (Fiscal Offences) (Amendment) Order 2003

Made

27th February 2003

Laid before Parliament

11th March 2003

Coming into force

1st April 2003

At the Court at Buckingham Palace, the 27th day of February 2003

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the European Convention on Extradition (“the Convention”)(1), opened for signature by Members of the Council of Europe on 13th December 1957, entered into force for the United Kingdom on 14th May 1991;

And whereas the Second Additional Protocol to the Convention (“the Protocol”)(2) was opened for signature by Members of the Council of Europe which have signed the Convention on 17th March 1978;

And whereas on 6th June 1994 the United Kingdom became a party to the Protocol and accepted Chapter II of the Protocol;

And whereas Azerbaijan ratified the Protocol on 28th June 2002 and made the declaration set out in article 2 of this Order;

And whereas Moldova ratified the Protocol on 27th June 2001;

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 4(1) of the Extradition Act 1989(3), 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 (Fiscal Offences) (Amendment) Order 2003 and shall come into force on 1st April 2003.

2.—(1) The European Convention on Extradition (Fiscal Offences) Order 2001(4) is amended as follows.

(2) In Schedule 3 (which names the States parties to the Protocol which have accepted Chapter II), at the appropriate point in alphabetical order, insert the following entries—

• “Azerbaijan”

• “Moldova”.

(3) In Schedule 4 (which sets out the reservations and declarations made by States parties to the Protocol which have accepted Chapter II), at the appropriate point in alphabetical order insert—

“AZERBAIJAN

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Convention and its Additional Protocols in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation.”.

A. K. Galloway

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order amends the European Convention on Extradition (Fiscal Offences) Order 2001 (“the 2001 Order”). Article 2(2) adds Azerbaijan and Moldova to the list in Schedule 3 to the 2001 Order of the States parties who have ratified the Second Additional Protocol to the European Convention on Extradition. Article 2(3) adds the declaration made by Azerbaijan to the State parties' reservations and declarations set out in Schedule 4 to the 2001 Order.

(1)

Cm. 1762.

(2)

Cm. 2113.

(3)

1989 c. 33.

(4)

S.I. 2001/1453.