European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021

• Jurisdiction: Ireland
• Citation: IR SI 150/2021
• Year: 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd April, 2021.

I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Title VII of Part Three of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, done at Brussels and London on 30 December 20201 and to the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, done at Vienna on 28 June 20062 , approved on behalf of the European Union by Council Decision of 27 November 20143 , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021.

(2) These Regulations shall come into operation on 30 March 2021.

2. In these Regulations, “Act of 2003” means the European Arrest Warrant Act 2003 (No. 45 of 2003).

3. Section 2 of the Act of 2003 is amended -

(a) in subsection (1) -

(i) in the definition of “European arrest warrant”, by the substitution of “relevant Member State” for “Member State” in each place where it occurs,

(ii) in the definition of “Framework Decision”, by the substitution of “relevant Member States” for “Member States”,

(iii) by the substitution of the following definition for the definition of “issuing judicial authority”:

“ ‘issuing judicial authority’ means, in relation to a relevant arrest warrant, the judicial authority in the issuing state that issued the relevant arrest warrant concerned;”,

(iv) by the substitution of the following definition for the definition of “issuing state” :

“ ‘issuing state’ means -

(a) in relation to a European arrest warrant, a relevant Member State designated under section 3, a judicial authority of which has issued that European arrest warrant,

(b) in relation to a Trade and Cooperation Agreement arrest warrant, the United Kingdom of Great Britain and Northern Ireland, a judicial authority of which has issued that warrant, and

(c) in relation to an arrest warrant within the meaning of the EU-Iceland Norway Agreement, the Republic of Iceland or the Kingdom of Norway, a judicial authority of which has issued that warrant;”,

(v) by the substitution of the following definition for the definition of “Member State”:

“ ‘Member State’ means a relevant Member State of the European Communities (other than the State) and the United Kingdom of Great Britain and Northern Ireland, the Republic of Iceland and the Kingdom of Norway;”, and

(vi) by the insertion of the following definitions:

“ ‘EU-Iceland Norway Agreement’ means the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, done at Vienna on 28 June 20062 , approved on behalf of the European Union by Council Decision of 27 November 20143 ;

‘relevant agreement’ means -

(a) in relation to a European arrest warrant, the Framework Decision,

(b) in relation to a Trade and Cooperation Agreement arrest warrant, the Trade and Cooperation Agreement, and

(c) in relation to an arrest warrant within the meaning of the EU-Iceland Norway Agreement, the EU-Iceland Norway Agreement;

‘relevant arrest warrant’ means -

(a) a European arrest warrant,

(b) a Trade and Cooperation Agreement arrest warrant, or

(c) an arrest warrant within the meaning of the EU-Iceland Norway Agreement;

‘relevant Member State’ means a Member State, other than, subject to subsection (3), the United Kingdom of Great Britain and Northern Ireland, the Republic of Iceland and the Kingdom of Norway;

‘Trade and Cooperation Agreement’ means the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, done at Brussels and London on 30 December 20201 ;

‘Trade and Cooperation Agreement arrest warrant’ means an arrest warrant within the meaning of Title VII of Part Three of the Trade and Cooperation Agreement;”,

and

(b) by the insertion of the following subsection after subsection (2):

“(3) (a) In this Act, a reference to a European arrest warrant shall be construed as including a reference to a European arrest warrant that satisfies the following conditions:

(i) that the European arrest warrant has been issued by a judicial authority in the United Kingdom of Great Britain and Northern Ireland before 11.00 p.m. on the 31st day of December 2020, and

(ii) that the person in respect of whom the European arrest warrant is issued has been arrested for the purposes of the execution of the European arrest warrant before 11.00 p.m. on the 31st day of December 2020.

(b) Where paragraph (a) applies, a reference in this Act to a ‘relevant Member State’ shall be construed as a reference to the United Kingdom of Great Britain and Northern Ireland.”.

4. Section 3(1) of the Act of 2003 is amended by the substitution of “relevant Member State” for “Member State”.

5. Section 4A of the Act of 2003 is amended by the substitution of “the relevant agreement” for “the Framework Decision”.

6. Section 5 of the Act of 2003 is amended by the substitution of “relevant arrest warrant” for “European arrest warrant” in both places where it occurs.

7. Section 9 of the Act of 2003 is amended by the substitution of “the relevant agreement” for “the Framework Decision”.

8. Section 10 of the Act of 2003 is amended -

(a) by the substitution of “relevant arrest warrant” for “European arrest warrant” in each place where it occurs, and

(b) by the substitution of “the relevant agreement” for “the Framework Decision”.

9. Section 11 of the Act of 2003 is amended -

(a) by the substitution of the following subsection for subsection (1):

“(1) A relevant arrest warrant shall, in so far as is practicable -

(a) in the case of a European arrest warrant, be in the form set out in the Annex to the Framework Decision as amended by Council Framework Decision 2009/299/JHA,

(b) in the case of a Trade and Cooperation Agreement arrest warrant, be in the form set out in Annex Law-5 to the Trade and Cooperation Agreement, and

(c) in the case of an arrest warrant within the meaning of the EU-Iceland Norway Agreement, be in the form set out in the Annex to the EU-Iceland Norway Agreement.”,

(b) in subsection (1A), by the substitution of “relevant arrest warrant” for “European arrest warrant” in each place where it occurs,

(c) in subsection (2), by the substitution of “relevant arrest warrant” for “European arrest warrant”,

(d) in subsection (2A), by the substitution of “relevant arrest warrant” for “European arrest warrant”, and

(e) in subsection (4), by the substitution of “relevant arrest warrant” for “European arrest warrant”.

10. Section 12 of the Act of 2003 is amended -

(a) in subsection (1), by the substitution of “relevant arrest warrant” for “European arrest warrant” in each place where it occurs,

(b) in subsection (3), by the substitution of “relevant arrest warrant” for “European arrest warrant”,

(c) in subsection (3A), by the substitution of “relevant arrest warrant” for “European arrest warrant”,

(d) in subsection (8), by the substitution of “relevant arrest warrant” for “European arrest warrant” in paragraphs (a) and (c) of that subsection,

(e) in subsection (9), by the substitution of “relevant arrest warrant” for “European arrest warrant” in both places where it occurs, and

(f) in subsection (11), by the substitution of “ ‘relevant arrest warrant’ ” for “ ‘European arrest warrant’ ”.

11. Section 13 of the Act of 2003 is amended -

(a) in subsection (1), by the substitution of “relevant arrest warrant” for “European arrest warrant” in each place where it occurs,

(b) in subsection (2), by the substitution of “relevant arrest warrant” for “European arrest warrant” in both places where it occurs,

(c) in subsection (3), by the substitution of “relevant arrest warrant” for “European arrest warrant” in both places where it occurs,

(d) in subsection (4), by the substitution of “relevant arrest warrant” for “European arrest warrant”, and

(e) in subsection (5), by the substitution of “relevant arrest warrant” for “European arrest warrant” in both places where it occurs.

12. Section 15 of the Act of 2003 is amended -

(a) in subsection (1)(a), by the substitution of “relevant arrest warrant” for “European arrest warrant”, and

(b) in subsection (2)(a), by the substitution of “relevant arrest warrant” for “European arrest warrant”.

13. Section 16 of the Act of 2003 is amended -

(a) in subsection (1) -

(i) in paragraph (a), by the substitution of “relevant arrest warrant” for “European arrest warrant”,

(ii) in paragraph (b), by the substitution of “relevant arrest warrant” for “European arrest warrant”, and

(iii) in paragraph (c), by the substitution of “European arrest warrant or Trade and Cooperation Agreement arrest warrant, as the case may be,” for “European arrest warrant”,

and

(b) in subsection (2) -

(i) in paragraph (a), by the substitution of “European arrest warrant or Trade and Cooperation Agreement arrest warrant, as the case may be, including” for “European arrest warrant, including”, and

(ii) in paragraph (b), by the substitution of “relevant arrest warrant” for “European arrest warrant”.

14. Section 17 of the Act of 2003 is amended by the substitution of “relevant arrest warrant” for “European arrest warrant” in each place where it occurs.

15. Section 19(1) of the Act of...