Fiches Belges

A document of the competent judicial authorities is required to grant the transit, mentioning the relevant details of the underlying EAW or extradition request. The surrender or extradition request might be enclosed, but it is not obligatory.

FD 2002/584, FD 2008/909, Convention of 1983 on the transfer of convicted persons, Convention on Extradition of 1957. Directive 2014/41/EU on EIOs (Art 22 (4)); EU MLA Convention 2000 (Art 9(4)) with CoE European Convention on Mutual Assistance in Criminal Matters (1959) Art.11(2)

According to the Dutch surrender Act it is the public prosecutor Amsterdam who gives his consent to a transit, if it regards a surrender from an EU MS to an EU MS (Art 51 Dutch Surrender Act). A transit that concerns extradition from a third coutry to an EU Member State, this is also the competence of the public prosecutor Amsterdam. A transit that concerns an extradition from an EU Member State to a third country, and from a third country to a third country, is the competence of the ministry of justice and security (department AIRS), based on Article 48 of the Dutch extradition Act. Regarding a transit of a convicted person, based on Art 16 Convention 1983; between parties with a Third country: the ministry of justice and security (IOS) is competent. -Based on the FD 2008/909; the ministry of justice and security (IOS) is competent.

English

We would like to receive the documents as soon as possible in orde to have enough time to make the necessary arrangements.

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