3. Notwithstanding paragraph 2, when replying to requests made for the purposes of recruitment for professional or organised voluntary activities involving direct and regular contacts with children, the Member State and the United Kingdom, in respect of Gibraltar, shall include information on the existence of criminal convictions for offences related to sexual abuse or sexual exploitation of children, child pornography, solicitation of children for sexual purposes, including inciting, aiding and abetting or attempting to commit any of those offences, as well as information on the existence of any disqualification from exercising activities involving direct and regular contacts with children arising from those criminal convictions.
Article 113. Channel of Communication
The exchange between Member States and the United Kingdom, in respect of Gibraltar, of information extracted from the criminal record shall take place electronically in accordance with the technical and procedural specifications laid down in Annex 12.
Article 114. Conditions for the Use of Personal Data
1. Each Member State and the United Kingdom, in respect of Gibraltar, may use personal data received in reply to its request under Article 112 only for the purposes for which they were requested.
2. If the information was requested for any purposes other than that of criminal proceedings, personal data received under Article 112 may be used by a Member State or the United Kingdom, in respect of Gibraltar, in accordance with its domestic law only within the limits specified by the requested central authority in the form set out in Chapter 2 of Annex 12.
3. Notwithstanding paragraphs 1 and 2, personal data provided by a requested central authority in reply to a request under Article 112 may be used by the Member State or the United Kingdom, in respect of Gibraltar, by which the request was made to prevent an immediate and serious threat to public security.
4. Each Member State and the United Kingdom, in respect of Gibraltar, shall ensure that their central authorities do not disclose personal data notified under Article 109 to authorities in third countries unless the following conditions are met:
(a) the personal data are disclosed only on a case-by-case basis;
(b) the personal data are disclosed to authorities whose functions are directly related to the purposes for which the personal data are disclosed under point (c) of this paragraph;
(c) the personal data are disclosed only if necessary:
(i) for the purposes of criminal proceedings;
(ii) or any purposes other than that of criminal proceedings; or
(iii) to prevent an immediate and serious threat to public security;
(d) the personal data may be used by the requesting third country only for the purposes for which the information was requested and within the limits specified by the Member State or the United Kingdom, in respect of Gibraltar, as the case may be, that notified the personal data under Article 109; and
(e) the personal data are disclosed only if the central authority, having assessed all the circumstances surrounding the transfer of the personal data to the third country, concludes that appropriate safeguards exist to protect the personal data.
5. This Article does not apply to personal data obtained by a Member State or the United Kingdom, in respect of Gibraltar, as the case may be, under this Chapter and originating from that Member State or the United Kingdom, in respect of Gibraltar, as the case may be.
Chapter 4. SURRENDER
Article 115. Objective
The objective of this Chapter is to ensure that the extradition system between the Member States, on the one side, and the United Kingdom, in respect of Gibraltar, on the other side, is based on a mechanism of surrender pursuant to an arrest warrant in accordance with the terms of this Chapter.
Article 116. Principle of Proportionality
Cooperation through the arrest warrant shall be necessary and proportionate, taking into account the rights of the requested person and the interests of the victims, and having regard to the seriousness of the act, the likely penalty that would be imposed and the possibility of the Member State or the United Kingdom, in respect of Gibraltar, taking measures less coercive than the surrender of the requested person particularly with a view to avoiding unnecessarily long periods of pre-trial detention.
Article 117. Definitions
For the purposes of this Chapter, the following definitions apply:
(a) "arrest warrant" means a judicial decision issued by a Member State or by the United Kingdom, in respect of Gibraltar, with a view to the arrest and surrender by the United Kingdom, in respect of Gibraltar, or a Member State of a requested person for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order;
(b) "executing judicial authority" means the judicial authority of the executing Member State, or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, which is competent to execute the arrest warrant by virtue of the domestic law of that Member State or of the United Kingdom, in respect of Gibraltar;
(c) "issuing judicial authority" means the judicial authority of the issuing Member State or of the United Kingdom, in respect of Gibraltar, which is competent to issue an arrest warrant by virtue of the domestic law of that Member State or of the United Kingdom, in respect of Gibraltar;
(d) "judicial authority" means an authority that is, under the domestic law of a Member State or of the United Kingdom, in respect of Gibraltar, a judge, a court or a public prosecutor; a public prosecutor is considered a judicial authority only to the extent that domestic law so provides;
(e) "third country" means a country other than a Member State or the United Kingdom or the United Kingdom, in respect of Gibraltar.
Article 118. Scope
1. An arrest warrant may be issued for acts punishable by the law of the issuing Member State or of the United Kingdom, in respect of Gibraltar, when it is the issuing actor, by a custodial sentence or a detention order for a maximum period of at least 12 months or, where a sentence has been passed or a detention order has been made, for sentences or detention orders of at least four months.
2. Without prejudice to paragraphs 3 and 4, surrender is subject to the condition that the acts for which the arrest warrant has been issued constitute an offence under the law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, whatever the constituent elements or however it is described.
3. Subject to Article 119, points (b) to (h) of Article 120(1) and Articles 121, 122 and 123, the competent authorities of the United Kingdom, in respect of Gibraltar, if it is the executing actor, or of the executing Member State shall not refuse to execute an arrest warrant issued in relation to the following behaviour where such behaviour is punishable by deprivation of liberty or a detention order of a maximum period of at least 12 months:
(a) the behaviour of any person who contributes to the commission by a group of persons acting with a common purpose of one or more offences in the field of terrorism referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism, done at Strasbourg on 27 January 1977, or in relation to illicit trafficking in narcotic drugs and psychotropic substances, or murder, grievous bodily injury, kidnapping, illegal restraint, hostage-taking or rape, even where that person does not take part in the actual execution of the offence or offences concerned; such contribution must be intentional and made with the knowledge that the participation will contribute to the achievement of the group's criminal activities; or
(b) terrorism as defined in Annex 13.
4. The Union, acting on behalf of any of its Member States, and the United Kingdom, in respect of Gibraltar, may each notify the Specialised Committee on the Circulation of Persons that, on the basis of reciprocity, the condition of double criminality referred to in paragraph 2 will not be applied, provided that the offence on which the warrant is based is:
(a) one of the offences listed in paragraph 5, as defined by the law of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor; and
(b) punishable in the issuing Member State or in the United Kingdom, in respect of Gibraltar, if it is the issuing actor by a custodial sentence or a detention order for a maximum period of at least three years.
5. The offences referred to in paragraph 4 are:
(a) participation in a criminal organisation;
(b) terrorism as defined in Annex 13;
(c) trafficking in human beings;
(d) sexual exploitation of children and child pornography;
(e) illicit trafficking in narcotic drugs and psychotropic substances;
(f) illicit trafficking in weapons, munitions and explosives;
(g) corruption, including bribery;
(h) fraud, including that affecting the financial interests of the United Kingdom, in respect of Gibraltar, a Member State or the Union;
(i) laundering of the proceeds of crime;
(j) counterfeiting currency;
(k) computer-related crime;
(l) environmental crime, including illicit trafficking in endangered animal species and endangered plant species and varieties;
(m) facilitation of unauthorised entry and residence;
(n) murder;
(o) grievous bodily injury;
(p) illicit trade in human organs and tissue;
(q) kidnapping, illegal restraint and hostage-taking;
(r) racism and xenophobia;
(s) organised or armed robbery;
(t) illicit trafficking in cultural goods, including antiques and works of art;
(u) swindling;
(v) racketeering and extortion;
(w) counterfeiting and piracy of products;
(x) forgery of administrative documents and trafficking therein;
(y) forgery of means of payment;
(z) illicit trafficking in hormonal substances and other growth promoters;
(aa) illicit trafficking in nuclear or radioactive materials;
(bb) trafficking in stolen vehicles;
(cc) rape;
(dd) arson;
(ee) crimes within the jurisdiction of the International Criminal Court;
(ff) unlawful seizure of aircraft, ships or spacecraft; and
(gg) sabotage.
Article 119. Grounds for Mandatory Non-execution of the Arrest Warrant
The execution of the arrest warrant shall be refused:
(a) if the offence on which the arrest warrant is based is covered by an amnesty in the executing Member State or in the United Kingdom, in respect of Gibraltar, when it is the executing actor, where the competent authorities of that Member State or of the United Kingdom, in respect of Gibraltar, had jurisdiction to prosecute the offence under the criminal law of the executing Member State or the United Kingdom, in respect of Gibraltar, when it is the executing actor;
(b) if the executing judicial authority is informed that the requested person has been finally judged by a Member State or by the United Kingdom or by the United Kingdom, in respect of Gibraltar in respect of the same acts, provided that, if a penalty has been imposed, it has been enforced, is in the process of being enforced or can no longer be enforced under the law of the Member State by which the requested person has been sentenced or of the United Kingdom or of the United Kingdom, in respect of Gibraltar, where the requested person has been sentenced by any of these; or
(c) if the person who is the subject of the arrest warrant may not, owing to the person's age, be held criminally responsible for the acts on which the arrest warrant is based under the law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor.
Article 120. Other Grounds for Non-execution of the Arrest Warrant
1. The execution of the arrest warrant may be refused:
(a) if, in one of the cases referred to in Article 118(2), the act on which the arrest warrant is based does not constitute an offence under the law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor; however, in relation to taxes or duties, customs and exchange, the execution of the arrest warrant shall not be refused on the grounds that the law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, does not impose the same kind of tax or duty or does not contain the same type of rules as regards taxes or duties, customs and exchange regulations as the law of the United Kingdom, in respect of Gibraltar, when it is the issuing actor or of the issuing Member State;
(b) if the person who is the subject of the arrest warrant is being prosecuted in the executing Member State or the United Kingdom, in respect of Gibraltar, when it is the executing actor, for the same act as that on which the arrest warrant is based;
(c) if the judicial authorities of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, have decided either not to prosecute for the offence on which the arrest warrant is based or to halt proceedings, or if a final judgment which prevents further proceedings has been passed upon the requested person in a Member State or in the United Kingdom, in respect of Gibraltar, in respect of the same acts;
(d) if the criminal prosecution or punishment of the requested person is statute-barred under the law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, and the acts fall within the jurisdiction of that Member State or of the United Kingdom, in respect of Gibraltar, under its own criminal law;
(e) if the executing judicial authority is informed that the requested person has been finally judged by a third country or the United Kingdom in respect of the same acts provided that, if a penalty has been imposed, it has been enforced, is in the process of being enforced or can no longer be enforced under the law of the sentencing country;
(f) if the arrest warrant has been issued for the purposes of execution of a custodial sentence or detention order and:
(i) if the executing actor is a Member State, the requested person is staying in, or is a national, or a resident, of that Member State; or
(ii) if the executing actor is the United Kingdom, in respect of Gibraltar, the requested person is a national of the United Kingdom holding a valid identity card or residence permit issued in Gibraltar by the competent authorities of the United Kingdom, in respect of Gibraltar or is a person staying in, or resident in, Gibraltar, and a competent authority of that Member State or of the United Kingdom, in respect of Gibraltar, undertakes to execute the sentence or detention order in accordance with the domestic law of the executing Member State or the United Kingdom, in respect of Gibraltar, when it is the executing actor; if consent of the requested person to the transfer of the sentence or detention order to the executing Member State or to the United Kingdom, in respect of Gibraltar, when it is the executing actor, is required, the competent authorities of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, may refuse to execute the arrest warrant only after the requested person consents to the transfer of the sentence or detention order;
(g) if the arrest warrant relates to offences which:
(i) are regarded by the law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, as having been committed in whole or in part in the executing Member State or in Gibraltar when the United Kingdom, in respect of Gibraltar, is the executing actor, or in a place treated as such; or
(ii) have been committed outside the issuing Member State or Gibraltar when the United Kingdom, in respect of Gibraltar, is the issuing actor, and the law of the United Kingdom, in respect of Gibraltar, when it is the executing actor or of the executing Member State does not allow prosecution for the same offences if committed outside its territory;
(h) if there are reasons to believe on the basis of objective elements that the arrest warrant has been issued for the purpose of prosecuting or punishing a person on the grounds of the person's sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that that person's position may be prejudiced for any of those reasons;
(i) if the arrest warrant has been issued for the purpose of executing a custodial sentence or a detention order and the requested person did not appear in person at the trial resulting in the decision, unless the arrest warrant states that the person, in accordance with further procedural requirements defined in the domestic law of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor:
(i) in due time:
(A) either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that the person was aware of the date and place of the scheduled trial; and
(B) was informed that a decision may be handed down if that person did not appear for the trial; or
(ii) being aware of the date and place of the scheduled trial, had given a mandate to a lawyer, who was either appointed by the person concerned or by a competent authority of the Member State or of the United Kingdom, in respect of Gibraltar, to defend them at the trial, and was indeed defended by that lawyer at the trial; or
(iii) after being served with the decision and being expressly informed about the right to a retrial or appeal in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed:
(A) expressly stated that the person did not contest the decision; or
(B) did not request a retrial or appeal within the applicable time frame; or
(iv) was not personally served with the decision but:
(A) will be personally served with it without delay after the surrender and will be expressly informed of the right to a retrial or appeal in which the person has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed; and
(B) will be informed of the time frame within which the person has to request such a retrial or appeal, as mentioned in the relevant arrest warrant.
2. Where the arrest warrant is issued for the purpose of executing a custodial sentence or detention order under the conditions in point (i) (iv) of paragraph 1 and the person concerned has not previously received any official information about the existence of the criminal proceedings against them, that person may, when being informed about the content of the arrest warrant, request to receive a copy of the judgment before being surrendered. Immediately after having been informed about the request, the issuing authority shall provide the copy of the judgment via the executing authority to the person concerned. The request of the person concerned shall neither delay the surrender procedure nor delay the decision to execute the arrest warrant. The provision of the judgment to the person concerned shall be for information purposes only; it shall not be regarded as a formal service of the judgment nor actuate any time limits applicable for requesting a retrial or appeal.
3. Where a person is surrendered under the conditions in point (i) (iv) of paragraph 1 and that person has requested a retrial or appeal, until those proceedings are finalised the detention of that person awaiting such retrial or appeal shall be reviewed in accordance with the domestic law of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor, either on a regular basis or upon request of the person concerned. Such a review shall in particular include the possibility of suspension or interruption of the detention. The retrial or appeal shall begin within due time after the surrender.
Article 121. Political Offence Exception
1. The execution of an arrest warrant may not be refused on the grounds that the offence may be regarded by the competent authorities of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, as a political offence, as an offence connected with a political offence or as an offence inspired by political motives.
2. However, the United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on the Circulation of Persons that paragraph 1 will be applied only in relation to:
(a) the offences referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism;
(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, if those offences of conspiracy or association correspond to the description of behaviour referred to in Article 118(3) of this Agreement; and
(c) terrorism as defined in Annex 13.
3. Where an arrest warrant has been issued by a Member State on behalf of which a notification as referred to in paragraph 2 has been made or where an arrest warrant has been issued by the United Kingdom, in respect of Gibraltar, and where the latter has made such notification, the United Kingdom, in respect of Gibraltar, when it is the executing actor, or the executing Member State may apply reciprocity.
Article 122. Nationality Exception
1. The execution of an arrest warrant may not be refused on the grounds that the requested person is a national of the executing Member State or, where the executing actor is the United Kingdom, in respect of Gibraltar, a national of the United Kingdom.
2. The United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its Member States, may each notify the Specialised Committee on the Circulation of Persons that the United Kingdom's own nationals or that Member State's own nationals, as the case may be, will not be surrendered or that their surrender will be authorised only under certain specified conditions. The notification shall be based on reasons related to the fundamental principles or practice of the domestic legal order of the United Kingdom, in respect of Gibraltar, or the Member State on behalf of which a notification was made. In such a case, the Union, on behalf of any of its Member States or the United Kingdom, in respect of Gibraltar, as the case may be, may notify the Specialised Committee on the Circulation of Persons within a reasonable time after the receipt of the other Party's notification that the executing judicial authorities of the Member State or of the United Kingdom, in respect of Gibraltar, as the case may be, may refuse to surrender own nationals as referred to in paragraph 1 to that Member State or the United Kingdom, in respect of Gibraltar, or that surrender shall be authorised only under certain specified conditions.
3. In circumstances where a Member State or the United Kingdom, in respect of Gibraltar, has refused to execute an arrest warrant on the basis that, in the case of the United Kingdom, in respect of Gibraltar, the United Kingdom has made a notification or, in the case of a Member State, the Union has made a notification on its behalf, as referred to in paragraph 2, the competent authorities of that Member State or of the United Kingdom, in respect of Gibraltar, shall consider instituting proceedings against the national of the United Kingdom or the Member State, as the case may be, which are commensurate with the subject matter of the arrest warrant, having taken into account the views of the competent authorities of the United Kingdom, in respect of Gibraltar, if it is the issuing actor or of the issuing Member State. In circumstances where a judicial authority decides not to institute such proceedings, the victim of the offence on which the arrest warrant is based shall be able to receive information on the decision in accordance with the applicable domestic law.
4. Where, in accordance with paragraph 3, the competent authorities of a Member State or of the United Kingdom, in respect of Gibraltar, institute proceedings against own nationals as referred to in paragraph 1, the competent authorities of that Member State or of the United Kingdom, in respect of Gibraltar, shall be able to take appropriate measures to assist the victims and witnesses, particularly with regard to the way in which the proceedings are conducted, in the following circumstances:
(a) where proceedings are being instituted in a Member State, where they are persons resident in the United Kingdom or in Gibraltar or in another Member State;
(b) where proceedings are being instituted in the United Kingdom, in respect of Gibraltar, where they are residents of a Member State.
Article 123. Guarantees to Be Given by the Competent Authorities of the Issuing Member State or of the United Kingdom, In Respect of Gibraltar, If It Is the Issuing Actor In Particular Cases
1. The execution of the arrest warrant by the executing judicial authority may be subject to the following guarantees:
(a) if the offence on which the arrest warrant is based is punishable by a custodial life sentence or a lifetime detention order in the issuing Member State or in the United Kingdom, in respect of Gibraltar, if it is the issuing actor, the competent authorities of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, may make the execution of the arrest warrant subject to the condition that the competent authorities of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor, give a guarantee deemed sufficient by the competent authorities of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, that the competent authorities of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor, will review the penalty or measure imposed, on request or at the latest after 20 years, or will encourage the application of measures of clemency for which the person is entitled to apply under the law or practice of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor, aiming at the non-execution of such penalty or measure;
(b) if a person who is the subject of an arrest warrant for the purposes of prosecution is a national or resident of the executing Member State or, where the executing actor is the United Kingdom, in respect of Gibraltar, a national of the United Kingdom or a person resident in Gibraltar, the surrender of that person may be subject to the condition that the person, after being heard, is returned to the executing Member State or to Gibraltar when the United Kingdom, in respect of Gibraltar, is the executing actor, in order to serve there the custodial sentence or detention order passed against them in the issuing Member State or in Gibraltar when the issuing actor is the United Kingdom, in respect of Gibraltar; if the consent of the requested person to the transfer of the sentence or detention order to the executing Member State or to Gibraltar when the United Kingdom, in respect of Gibraltar, is the executing actor, is required, the guarantee that the person be returned to the executing Member State or to Gibraltar when the United Kingdom, in respect of Gibraltar, is the executing actor, to serve the person's sentence is subject to the condition that the requested person, after being heard, consents to be returned to the executing Member State or to Gibraltar when the United Kingdom, in respect of Gibraltar, is the executing actor;
(c) if there are substantial grounds for believing that there is a real risk to the protection of the fundamental rights of the requested person, the executing judicial authority may require, as appropriate, additional guarantees as to the treatment of the requested person after the person's surrender before it decides whether to execute the arrest warrant.
2. The Specialised Committee on the Circulation of persons shall have the power to adopt any modifications to this Article as may be necessary to reflect changes made in the Trade and Cooperation Agreement.
Article 124. Recourse to the Central Authority
1. The United Kingdom, in respect of Gibraltar, shall notify the Specialised Committee on the Circulation of Persons of the central authority of the United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its Member States, may notify the Specialised Committee on the Circulation of Persons of the central authority for each Member State having designated such an authority, or, if the legal system of the relevant Member State or of the United Kingdom, in respect of Gibraltar, so provides, of more than one central authority to assist the competent judicial authorities.
2. When notifying the Specialised Committee on the Circulation of Persons under paragraph 1, the United Kingdom, in respect of Gibraltar, and the Union, acting on behalf of any of its Member States, may each indicate that, as a result of the organisation of the internal judicial system of the relevant Member State or the United Kingdom, in respect of Gibraltar, the central authority or central authorities are responsible for the administrative transmission and receipt of arrest warrants, as well as for all other official correspondence relating to the administrative transmission and receipt of arrest warrants. Such transmission of arrest warrants shall be made in accordance with Article 126 and, accordingly, Article 6(1). Such indication shall be binding upon all the authorities of the issuing Member State or the United Kingdom, in respect of Gibraltar, where it is the issuing actor.
Article 125. Content and Form of the Arrest Warrant
1. The arrest warrant shall contain the following information set out in accordance with the form contained in Annex 14:
(a) the identity and nationality of the requested person;
(b) the name, address, telephone and fax numbers and e-mail address of the issuing judicial authority;
(c) evidence of an enforceable judgment, an arrest warrant or any other enforceable judicial decision having the same effect that falls within the scope of Article 118;
(d) the nature and legal classification of the offence, particularly in respect of Article 118;
(e) a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the requested person;
(f) the penalty imposed, if there is a final judgment, or the prescribed scale of penalties for the offence under the law of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor; and
(g) if possible, other consequences of the offence.
2. The Specialised Committee on the Circulation of Persons may amend the form referred to in Annex 14 as may be necessary.
The Specialised Committee on the Circulation of Persons shall adopt any modifications to the form in Annex 14 as may be necessary to reflect changes made to Annex 43 of the Trade and Cooperation Agreement.
3. The arrest warrant shall be translated into the official language or one of the official languages of the executing Member State or into English when the United Kingdom, in respect of Gibraltar, is the executing actor. The Union, acting on behalf of any of its Member States, may notify the Specialised Committee on the Circulation of Persons that a translation in one or more other official languages of a Member State will be accepted.
Article 126. Transmission of an Arrest Warrant
1. Article 6(1) shall apply only in relation to initial transmission of the arrest warrant, which shall be transmitted in accordance with that Article and the provisions of this Chapter.
2. If the location of the requested person is known, the issuing judicial authority may transmit, in accordance with Article 6(1), the arrest warrant to the competent authority of the executing Member State, or the United Kingdom, in respect of Gibraltar, when it is the executing actor, allowing that authority to establish the authenticity of the arrest warrant.
Article 127. Detailed Procedures for Transmitting an Arrest Warrant
1. If the issuing judicial authority does not know which authority is the competent executing judicial authority, it shall make the requisite enquiries in order to obtain that information from the competent authorities of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor.
2. As an alternative to Article 126, the issuing judicial authority may request the International Criminal Police Organisation ("Interpol") to transmit an arrest warrant.
3. All difficulties concerning the transmission or the authenticity of any document needed for the execution of the arrest warrant shall be dealt with by direct contacts between the judicial authorities involved, or, where appropriate, with the involvement of the central authorities of the Member States and the United Kingdom, in respect of Gibraltar.
4. If the authority which receives an arrest warrant is not competent to act upon it, it shall automatically forward the arrest warrant to the competent authority in the executing Member State or the United Kingdom, in respect of Gibraltar, where it is the executing actor, and shall inform the issuing judicial authority accordingly.
Article 128. Rights of a Requested Person
1. If a requested person is arrested for the purpose of the execution of an arrest warrant, the executing judicial authority, in accordance with the domestic law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, shall inform that person of the arrest warrant and of its contents, and also of the possibility of consenting to surrender to the United Kingdom, in respect of Gibraltar, if it is the issuing actor or the issuing Member State.
2. A requested person who is arrested for the purpose of the execution of an arrest warrant and who does not speak or understand the language of the arrest warrant proceedings shall have the right to be assisted by an interpreter and to be provided with a written translation in the native language of the requested person or in any other language which that person speaks or understands, in accordance with the domestic law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor.