3. A requested person shall have the right to be assisted by a lawyer upon arrest, 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.
4. The requested person shall be informed of the person's right to appoint a lawyer in the issuing Member State or in the United Kingdom, in respect of Gibraltar, when it is the issuing actor, for the purpose of assisting the requested person in the United Kingdom, in respect of Gibraltar, when it is the executing actor or in the executing Member State in the arrest warrant proceedings. This paragraph is without prejudice to the time limits set out in Article 140.
5. A requested person who is arrested shall have the right to have the consular authorities of that person's state of nationality, or if that person is stateless, the consular authorities of the state where that person usually resides, informed of the arrest without undue delay and to communicate with those authorities, if that person so wishes.
Article 129. Keeping the Person In Detention
When a person is arrested on the basis of an arrest warrant, the executing judicial authority shall take a decision on whether the requested person should remain in detention, in accordance with the law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor. The person may be released provisionally at any time 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 provided that that Member State or the United Kingdom, in respect of Gibraltar, takes all the measures it deems necessary to prevent the person from absconding.
Article 130. Consent to Surrender
1. If the arrested person indicates that he or she consents to surrender, that consent and, if appropriate, the express renunciation of entitlement to the speciality rule referred to in Article 144(2) must be given before 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.
2. Each Member State and the United Kingdom, in respect of Gibraltar, shall adopt the measures necessary to ensure that the consent and, where appropriate, the renunciation referred to in paragraph 1 are established in such a way as to show that the person concerned has expressed them voluntarily and in full awareness of the consequences. To that end, the requested person shall have the right to a lawyer.
3. The consent and, where appropriate, the renunciation referred to in paragraph 1 shall be formally recorded in accordance with the procedure laid down by the domestic law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor.
4. In principle, consent may not be revoked. A Member State or the United Kingdom, in respect of Gibraltar, may provide that the consent and, if appropriate, the renunciation referred to in paragraph 1 may be revoked in accordance with the rules applicable under its domestic law. In such a case, the period between the date of the consent and that of its revocation shall not be taken into consideration in establishing the time limits laid down in Article 140. 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 it wishes to have recourse to this possibility, specifying the procedures whereby revocation of the consent is possible and any amendments to those procedures.
Article 131. Hearing of the Requested Person
Where the arrested person does not consent to surrender as referred to in Article 130, that person shall be entitled to be heard by the executing judicial authority, in accordance with the law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor.
Article 132. Surrender Decision
1. The executing judicial authority shall decide whether the person is to be surrendered within the time limits and in accordance with the conditions defined in this Chapter, in particular the principle of proportionality as set out in Article 116.
2. If the executing judicial authority finds the information communicated by the competent authorities of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor to be insufficient to allow it to decide on surrender, it shall request that the necessary supplementary information, in particular with respect to Article 116, Articles 119 to 121, Article 123 and Article 125, be furnished as a matter of urgency and may fix a time limit for the receipt thereof, taking into account the need to observe the time limits provided for in Article 134.
3. The issuing judicial authority may forward any additional useful information to the executing judicial authority at any time.
Article 133. Decision In the Event of Multiple Requests
1. If judicial authorities of two or more Member States or one or more Member States and the United Kingdom, in respect of Gibraltar, have issued a European arrest warrant or an arrest warrant for the same person, the decision as to which of those arrest warrants is to be executed shall be taken by the executing judicial authority, with due consideration of all the circumstances, especially the relative seriousness of the offences and place of the offences, the respective dates of the arrest warrants or European arrest warrants and whether they have been issued for the purposes of prosecution or for the execution of a custodial sentence or detention order, and of legal obligations of Member States deriving from Union law regarding, in particular, the principles of freedom of movement and non-discrimination on grounds of nationality.
2. The executing judicial authority of a Member State may seek the advice of Eurojust when making the choice referred to in paragraph 1.
3. In the event of a conflict between an arrest warrant and a request for extradition presented by a third country or an arrest warrant presented by the United Kingdom pursuant to the Trade and Cooperation Agreement (a "TCA arrest warrant"), the decision as to whether the arrest warrant or the extradition request or TCA arrest warrant takes precedence shall be taken by the competent authority of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor with due consideration of all the circumstances, in particular those referred to in paragraph 1 and those mentioned in the applicable convention.
4. This Article is without prejudice to the obligations of Member States and the United Kingdom, in respect of Gibraltar, under the Statute of the International Criminal Court.
Article 134. Time Limits and Procedures for the Decision to Execute the Arrest Warrant
1. An arrest warrant shall be dealt with and executed as a matter of urgency.
2. In cases where the requested person consents to surrender, the final decision on the execution of the arrest warrant shall be taken within ten days after the consent was given.
3. In other cases, the final decision on the execution of the arrest warrant shall be taken within 60 days after the arrest of the requested person.
4. Where in specific cases the arrest warrant cannot be executed within the time limits laid down in paragraphs 2 or 3, the executing judicial authority shall immediately inform the issuing judicial authority of that fact, giving the reasons for the delay. In such cases, the time limits may be extended by a further 30 days.
5. As long as the executing judicial authority has not taken a final decision on the arrest warrant, it shall ensure that the material conditions necessary for the effective surrender of the person remain fulfilled.
6. Reasons must be given for any refusal to execute an arrest warrant.
Article 135. Situation Pending the Decision
1. Where the arrest warrant has been issued for the purpose of conducting a criminal prosecution, the executing judicial authority shall either:
(a) agree that the requested person should be heard according to Article SURRENDER.22 (Hearing the person pending the decision); or
(b) agree to the temporary transfer of the requested person.
2. The conditions and the duration of the temporary transfer shall be determined by mutual agreement between the issuing and executing judicial authorities.
3. In the case of temporary transfer, the person must be able to return to the executing Member State or to Gibraltar where the United Kingdom, in respect of Gibraltar, is the executing actor, to attend hearings which concern that person as part of the surrender procedure.
Article 136. Hearing the Person Pending the Decision
1. The requested person shall be heard by a judicial authority. To that end, the requested person shall be assisted by a lawyer designated in accordance with the law of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor.
2. The requested person shall be heard in accordance with the law of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor and with the conditions determined by mutual agreement between the issuing and executing judicial authorities.
3. The competent executing judicial authority may assign another judicial authority of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor to take part in the hearing of the requested person in order to ensure the proper application of this Article.
Article 137. Privileges and Immunities
1. Where the requested person enjoys a privilege or immunity regarding jurisdiction or execution in the executing Member State or the United Kingdom, in respect of Gibraltar, when it is the executing actor, the time limits referred to in Article 134 only start running when, or if, the executing judicial authority is informed of the fact that the privilege or immunity has been waived.
2. The competent authorities of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor shall ensure that the material conditions necessary for effective surrender are fulfilled when the person no longer enjoys such privilege or immunity.
3. Where power to waive the privilege or immunity lies with an authority of the executing Member State or of the United Kingdom or the United Kingdom, in respect of Gibraltar, when it is the executing actor, the executing judicial authority shall request that authority to exercise that power without delay. Where power to waive the privilege or immunity lies with an authority of another Member State, the United Kingdom, the United Kingdom, in respect of Gibraltar, a third country or international organisation, the issuing judicial authority shall request that authority to exercise that power.
Article 138. Competing International Obligations
1. This Agreement does not prejudice the obligations of the executing Member State or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, where the requested person has been extradited to that Member State or to the United Kingdom, in respect of Gibraltar, from a third country or the United Kingdom and where that person is protected by provisions of the arrangement under which that person was extradited concerning the speciality rule. The executing Member State or the United Kingdom, in respect of Gibraltar, when it is the executing actor shall take all necessary measures for requesting without delay the consent of the third country or the United Kingdom from which the requested person was extradited so that the requested person can be surrendered to the issuing Member State or to the United Kingdom, in respect of Gibraltar, if it is the issuing actor. The time limits referred to in Article 134 do not start running until the day on which the speciality rule ceases to apply.
2. Pending the decision of the third country or the United Kingdom from which the requested person was extradited executing Member State or the United Kingdom, in respect of Gibraltar, when it is the executing actor shall ensure that the material conditions necessary for effective surrender remain fulfilled.
Article 139. Notification of the Decision
The executing judicial authority shall notify the issuing judicial authority immediately of the decision on the action to be taken on the arrest warrant.
Article 140. Time Limits for Surrender of the Person
1. The requested person shall be surrendered as soon as possible on a date agreed between the authorities concerned.
2. The requested person shall be surrendered no later than ten days after the final decision on the execution of the arrest warrant.
3. If the surrender of the requested person within the time limit in paragraph 2 is prevented by circumstances beyond the control of the competent authorities of any of the Member States or of the United Kingdom, in respect of Gibraltar, when it is the executing actor, the executing and issuing judicial authorities shall immediately contact each other and agree on a new surrender date. In that event, the surrender shall take place within ten days of the new date thus agreed.
4. The surrender may exceptionally be temporarily postponed for serious humanitarian reasons, for example if there are substantial grounds for believing that the surrender would manifestly endanger the requested person's life or health. The execution of the arrest warrant shall take place as soon as those grounds have ceased to exist. The executing judicial authority shall immediately inform the issuing judicial authority and agree on a new surrender date. In that event, the surrender shall take place within ten days of the new date agreed.
5. Upon the expiry of the time limits referred to in paragraphs 2 to 4, if the requested person is still being held in custody, that person shall be released. The executing and issuing judicial authorities shall contact each other as soon as it appears that a person is to be released under this paragraph and agree the arrangements for the surrender of that person.
Article 141. Postponed or Conditional Surrender
1. After deciding to execute the arrest warrant, the executing judicial authority may postpone the surrender of the requested person so that the requested person may be prosecuted in the executing Member State or in the United Kingdom, in respect of Gibraltar, when it is the executing actor or, if the requested person has already been sentenced, so that the requested person may serve, a sentence passed for an act other than that referred to in the arrest warrant in the executing Member State or in the United Kingdom, in respect of Gibraltar, when it is the executing actor.
2. Instead of postponing the surrender, the executing judicial authority may temporarily surrender the requested person to the issuing Member State or to the United Kingdom, in respect of Gibraltar, if it is the issuing actor under conditions to be determined by mutual agreement between the executing and the issuing judicial authorities. The agreement shall be made in writing, and the conditions shall be binding on all the authorities in the issuing Member State or the United Kingdom, in respect of Gibraltar, if it is the issuing actor.
Article 142. Transit
1. Each Member State, the United Kingdom and the United Kingdom, in respect of Gibraltar, shall permit the transit through their territory of a requested person who is being surrendered provided that they have been given information on:
(a) the identity and nationality of the person subject to the arrest warrant;
(b) the existence of an arrest warrant;
(c) the nature and legal classification of the offence; and
(d) the description of the circumstances of the offence, including the date and place.
2. Where a notification has been made by the United Kingdom, in respect of Gibraltar, in accordance with Article 122(2) to the effect that nationals of the United Kingdom will not be surrendered or that surrender will be authorised only under certain specified conditions, the United Kingdom or the United Kingdom, in respect of Gibraltar, as the case may be, may refuse the transit of nationals of the United Kingdom under the same terms or submit it to the same conditions.
3. The Member State on behalf of which a notification has been made in accordance with Article 122(2) to the effect that its own nationals will not be surrendered or that surrender will be authorised only under certain specified conditions, may refuse the transit of its own nationals through its territory under the same: terms or submit it to the same conditions.
4. The Member States, the United Kingdom and the United Kingdom, in respect of Gibraltar, shall notify the Specialised Committee on the Circulation of Persons of the authorities responsible for receiving transit requests and the necessary documents, as well as any other official correspondence relating to transit requests.
5. The transit request and the information referred to in paragraph 1 may be addressed to the authority notified pursuant to paragraph 4 by any means capable of producing a written record. The decision of the notified authority of the requested Member State or of the United Kingdom or of the United Kingdom, in respect of Gibraltar, when it is the requested actor shall be notified by the same procedure.
6. This Article does not apply in the case of transport by air without a scheduled stopover. However, if an unscheduled landing occurs the competent authorities of the issuing Member State or the United Kingdom, in respect of Gibraltar, if it is the issuing actor shall provide the authority notified pursuant to paragraph 4 with the information referred to in paragraph 1.
7. Where a transit concerns a person who is to be extradited, or surrendered, from a third country or the United Kingdom to a Member State or the United Kingdom, in respect of Gibraltar, or between Member States, this Article applies mutatis mutandis. In particular, references to an "arrest warrant" shall be treated as references to an "extradition request" or a "European Arrest Warrant", or a "TCA arrest warrant", as the case may be.
Article 143. Deduction of the Period of Detention Served In the Executing Member State or In Gibraltar
1. The issuing Member State or the United Kingdom, in respect of Gibraltar, if it is the issuing actor shall deduct all periods of detention arising from the execution of an arrest warrant from the total period of detention to be served in the issuing Member State, or in Gibraltar if the United Kingdom, in respect of Gibraltar, is the issuing actor, as a result of a custodial sentence or detention order being passed.
2. All information concerning the duration of the detention of the requested person on the basis of the arrest warrant shall be transmitted by the executing judicial authority or the central authority notified under Article 124 to the issuing judicial authority at the time of the surrender.
Article 144. Possible Prosecution for other Offences
1. The United Kingdom, in respect of Gibraltar, may notify the Specialised Committee on the Circulation of Persons that, in relations with Member States on behalf of which the Union has given the notification referred to in paragraph 2, its consent is presumed to have been given for the prosecution, sentencing or detention of a person with a view to the carrying out of a custodial sentence or detention order for an offence committed prior to the person's surrender, other than that for which that person was surrendered, unless in a particular case the executing judicial authority of the United Kingdom, in respect of Gibraltar, states otherwise in its decision on surrender.
2. The Union, acting on behalf of any of its Member States, may notify the Specialised Committee on the Circulation of Persons that, where the United Kingdom, in respect of Gibraltar, has given the notification referred to in paragraph 1, the consent of those Member States is presumed to have been given for the prosecution, sentencing or detention of a person with a view to the carrying out of a custodial sentence or detention order for an offence committed prior to the person's surrender, other than that for which that person was surrendered, unless in a particular case the executing judicial authority of the Member State states otherwise in its decision on surrender.
3. Except in the cases referred to in paragraphs 1, 2 and 4, a person surrendered may not be prosecuted, sentenced or otherwise deprived of liberty for an offence committed prior to that person's surrender other than that for which the person was surrendered.
4. Paragraph 3 does not apply in the following cases:
(a) the person, having had an opportunity to leave the Member State to which that person has been surrendered or Gibraltar when they have been surrendered to the United Kingdom, in respect of Gibraltar, has not done so within 45 days of that person's final discharge or has returned to that Member State or Gibraltar, as the case may be, after leaving it;
(b) the offence is not punishable by a custodial sentence or detention order;
(c) the criminal proceedings do not give rise to the application of a measure restricting personal liberty;
(d) the person could be liable to a penalty or a measure not involving the deprivation of liberty, in particular a financial penalty or a measure in lieu of a financial penalty, even if the penalty or measure may give rise to a restriction of the person's personal liberty;
(e) the person consented to be surrendered, where appropriate at the same time as the person renounced the speciality rule, in accordance with Article 130;
(f) the person, after the person's surrender, has expressly renounced entitlement to the speciality rule with regard to specific offences preceding the person's surrender; renunciation must be given before the competent judicial authority of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor and be recorded in accordance with the domestic law of that Member State or the United Kingdom, in respect of Gibraltar, as the case may be; the renunciation must be drawn up in such a way as to make clear that the person concerned has given it voluntarily and in full awareness of the consequences; to that end, the person shall have the right to a lawyer; and
(g) the executing judicial authority which surrendered the person gives its consent in accordance with paragraph 4.
5. A request for consent shall be submitted to the executing judicial authority, accompanied by the information referred to in Article 125(1) and a translation as referred to in Article 125(2). Consent shall be given where the offence for which it is requested is itself subject to surrender in accordance with the provisions of this Chapter. Consent shall be refused on the grounds referred to in Article 119 otherwise may be refused only on the grounds referred to in Article 120, or Article 121(2) and Article 122(2). The decision shall be taken no later than 30 days after receipt of the request. For the situations laid down in Article 123, the competent authorities of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor must give the guarantees provided for therein.
Article 145. Surrender or Subsequent Extradition
1. The United Kingdom, in respect of Gibraltar, may notify the Specialised Committee on the Circulation of Persons that, in relations with Member States on behalf of which the Union has given the notification referred to in paragraph 2, its consent to the subsequent surrender by one of those Member States, of a person initially surrendered to that Member State by the United Kingdom, in respect of Gibraltar, pursuant to an arrest warrant, to another one of those Member States pursuant to an European arrest warrant issued for an offence committed prior to that person's surrender, is presumed to have been given, unless in a particular case the executing judicial authority of the United Kingdom, in respect of Gibraltar, states otherwise in its decision on surrender to the Member State deciding on the subsequent surrender.
2. The Union, acting on behalf of any of its Member States, may notify the Specialised Committee on the Circulation of Persons that, where the United Kingdom, in respect of Gibraltar, has given the notification referred to in paragraph 1, the consent of those Member States to the subsequent surrender by the United Kingdom, in respect of Gibraltar, of a person initially surrendered to the United Kingdom, in respect of Gibraltar, by one of those Member States pursuant to an arrest warrant, to another one of those Member States pursuant to an arrest warrant issued for an offence committed prior to that person's surrender, is presumed to have been given, unless in a particular case the executing judicial authority of the Member State which initially surrendered the person to the United Kingdom, in respect of Gibraltar, states otherwise in its decision on that surrender.
3. In any case, a person who has been surrendered to the issuing Member State or to the United Kingdom, in respect of Gibraltar, if it is the issuing actor pursuant to an arrest warrant or European arrest warrant may be subsequently surrendered to a Member State other than the executing Member State or to the United Kingdom, in respect of Gibraltar, pursuant to an arrest warrant or European arrest warrant issued for any offence committed prior to the person's surrender without the consent of the executing judicial authority in the following cases:
(a) the requested person, having had an opportunity to leave the Member State to which that person has been surrendered or Gibraltar when it has been surrendered to the United Kingdom, in respect of Gibraltar, has not done so within 45 days of that person's final discharge, or has returned to that Member State or to Gibraltar after leaving it;
(b) the requested person consents to be surrendered to a Member State other than the executing Member State or to the United Kingdom, in respect of Gibraltar, pursuant to an arrest warrant or European arrest warrant; consent must be given before the competent judicial authorities of the issuing Member State or the United Kingdom, in respect of Gibraltar, if it is the issuing actor and be recorded in accordance with the domestic law of that Member State or of the United Kingdom, in respect of Gibraltar; it must be drawn up in such a way as to make clear that the person concerned has given it voluntarily and in full awareness of the consequences; to that end, the requested person shall have the right to a lawyer; and
(c) the requested person is not subject to the speciality rule, in accordance with points (a), (e), (f) or (g) of Article 144(3).
4. The executing judicial authority shall consent to the surrender to another Member State or to the United Kingdom, in respect of Gibraltar, in accordance with the following rules:
(a) the request for consent shall be submitted in accordance with Article 126, accompanied by the information set out in Article 125(1) and a translation as referred to in Article 125(2);
(b) consent shall be given where the offence for which it is requested is itself subject to surrender in accordance with the provisions of this Agreement;
(c) the decision shall be taken no later than 30 days after receipt of the request; and
(d) consent shall be refused on the grounds referred to in Article 119 and otherwise may be refused only on the grounds referred to in Article 120, Article 121(2) and Article 122(2).
5. For the situations referred to in Article 123, the competent authorities of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor must give the guarantees provided for therein.
6. Notwithstanding paragraphs 1 and 2, a person who has been surrendered pursuant to an arrest warrant shall not be extradited to a third country or surrendered to the United Kingdom without the consent of the competent authority of the Member State which surrendered the person or of the United Kingdom, in respect of Gibraltar, if it surrendered the person. Such consent shall be given in accordance with the Conventions by which that Member State or the United Kingdom, in respect of Gibraltar, as the case may be, is bound, as well as with the domestic law of that Member State or of the United Kingdom, in respect of Gibraltar.
Article 146. Handing Over of Property
1. At the request of the issuing judicial authority or on its own initiative, the executing judicial authority shall, 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, seize and hand over property which:
(a) may be required as evidence; or
(b) has been acquired by the requested person as a result of the offence.
2. The property referred to in paragraph 1 shall be handed over even if the arrest warrant cannot be carried out owing to the death or escape of the requested person.
3. If the property referred to in paragraph 1 is liable to seizure or confiscation in the executing Member State or in Gibraltar if the United Kingdom, in respect of Gibraltar, is the executing actor, the authorities of that Member State or of the United Kingdom, in respect of Gibraltar, may, if the property is needed in connection with pending criminal proceedings, temporarily retain it or hand it over to the United Kingdom, in respect of Gibraltar, if it is the issuing actor or to the issuing Member State on condition that it is returned.
4. Any rights which the authorities of the executing Member State or of the United Kingdom, in respect of Gibraltar, if it is the executing actor or third parties may have acquired in the property referred to in paragraph 1 shall be preserved. Where such rights exist the competent authority of the United Kingdom, in respect of Gibraltar, if it is the issuing actor or of the issuing Member State shall return the property without charge to the executing Member State or to Gibraltar if the United Kingdom, in respect of Gibraltar, is the executing actor as soon as the criminal proceedings have been terminated.
Article 147. Expenses
1. Expenses incurred in the executing Member State or in Gibraltar where the United Kingdom, in respect of Gibraltar, is the executing actor for the execution of an arrest warrant shall be borne by the authorities of the executing Member State or the United Kingdom, in respect of Gibraltar, when it is the executing actor.
2. All other expenses shall be borne by the authorities of the issuing Member State or of the United Kingdom, in respect of Gibraltar, if it is the issuing actor.
Article 148. Relation to other Legal Instruments
1. Without prejudice to their application in relations between Member States or the United Kingdom, in respect of Gibraltar, on the one side, and third countries, on the other side, this Chapter, from the date of entry into force of this Agreement, replaces the corresponding provisions of the following conventions applicable in the field of extradition in relations between the United Kingdom, in respect of Gibraltar, on the one side, and Member States, on the other side:
(a) the European Convention on Extradition, done at Paris on 13 December 1957, and its additional protocols; and
(b) the European Convention on the Suppression of Terrorism, as far as extradition is concerned.
2. Where the Conventions referred to in paragraph 1 apply to the territories of Member States or to territories for whose external relations a Member State is responsible to which this Chapter does not apply, those Conventions continue to govern the relations existing between those territories and the United Kingdom, in respect of Gibraltar.
Article 149. Review of Notifications
When carrying out a joint review of this Agreement in accordance with Article 330, the Parties shall consider the need to maintain the notifications made under Article 118(4), Article 121(2) and Article 122(2). If the notifications referred to in Article 122(2) are not renewed, they shall expire at the later of the dates of four years after the date of entry into force of this Agreement or completion of the joint review of this Agreement in accordance with Article 330. Notifications as referred to in Article 122(2) may only be renewed or newly made during the three months prior to the fourth anniversary of the entry into force of this Agreement and, subsequently, every five years thereafter, provided that the conditions set out in Article 122(2) are met at that time.
Article 150. Ongoing Arrest Warrants In Case of Disapplication
Notwithstanding Articles, 66, 67 and 334, the provisions of this Chapter apply in respect of arrest warrants where the requested person was arrested before the disapplication of this Chapter for the purposes of the execution of an arrest warrant, irrespective of the decision of the executing judicial authority as to whether the requested person is to remain in detention or be provisionally released.
Article 151. Application to Existing European Arrest Warrants
This Chapter shall apply in respect of European arrest warrants issued in accordance with Council Framework Decision 2002/584/JHA (1) by the competent authorities of a Member State or the United Kingdom, in respect of Gibraltar, before 31 December 2020 where the requested person has not been arrested for the purpose of its execution by the date of entry into force of this Agreement.
Chapter 5. MUTUAL ASSISTANCE
Article 152. Objective
1. The objective of this Chapter is to supplement the provisions, and facilitate the application between Member States, on the one side, and the United Kingdom, in respect of Gibraltar, on the other side, of:
(a) the European Convention on Mutual Assistance in Criminal Matters, done at Strasbourg on 20 April 1959 (the "European Mutual Assistance Convention");
(b) the Additional Protocol to the European Mutual Assistance Convention, done at Strasbourg on 17 March 1978;
(c) the Second Additional Protocol to the European Mutual Assistance Convention, done at Strasbourg on 8 November 2001; and
(d) the Third Additional Protocol to the European Mutual Assistance Convention, done at Valletta on 19 September 2025.
2. This Chapter is without prejudice to the provisions of Chapter 3 of this Title, which takes precedence over this Chapter.
Article 153. Definition of Competent Authority
For the purposes of this Chapter, "competent authority" means any authority of a Member State or of the United Kingdom, in respect of Gibraltar, which is competent to send or receive requests for mutual assistance in accordance with the provisions of the European Mutual Assistance Convention and its Protocols and, where applicable, as defined by Member States or the United Kingdom, in respect of Gibraltar, in their respective declarations addressed to the Secretary General of the Council of Europe. "Competent authority" also includes the Union bodies notified in accordance with Article 68; with regard to such Union bodies, the provisions of this Chapter apply accordingly.
Article 154. Form for a Request for Mutual Assistance
1. Requests for mutual assistance shall be made using the standard form set out in Annex 15.
2. The Specialised Committee on the Circulation of Persons may amend the form in Annex 15 as may be necessary.
3. The Specialised Committee on the Circulation of Persons shall adopt any modifications to the form in Annex 15 as may be necessary to reflect changes made to the form for requests for mutual assistance between the United Kingdom and the Member States under the Trade and Cooperation Agreement.
4. The Specialised Committee on the Circulation of Persons may also undertake to establish a standard form for notifications such as those referred to in paragraph 2 of Article 3 of the Third Additional Protocol to the European Mutual Assistance Convention. The Specialised Committee on the Circulation of Persons may amend such standard form for notifications as may be necessary.
Article 155. Conditions for a Request for Mutual Assistance
1. The competent authority of the requesting Member State or of the United Kingdom, in respect of Gibraltar, if it is the requesting actor, may only make a request for mutual assistance if it is satisfied that the following conditions are met:
(a) the request is necessary and proportionate for the purpose of the proceedings, taking into account the rights of the suspected or accused person; and
(b) the investigative measure or investigative measures indicated in the request could have been ordered under the same conditions in a similar domestic case.
2. The requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, may consult the requesting Member State or the United Kingdom, in respect of Gibraltar, if it made the request, if the competent authority of the requested Member State or the United Kingdom, in respect of Gibraltar, if it is the requested actor, is of the view that the conditions in paragraph 1 are not met. After the consultation, the competent authority of the requesting Member State or of the United Kingdom, in respect of Gibraltar, if it made the request, may decide to withdraw the request for mutual assistance.
Article 156. Recourse to a Different Type of Investigative Measure
1. Wherever possible, the competent authority of the requested Member State or of the United Kingdom, in respect of Gibraltar, if it is the requested actor, shall consider recourse to an investigative measure other than the measure indicated in the request for mutual assistance if:
(a) the investigative measure indicated in the request does not exist under the law of the requested Member State or of the United Kingdom, in respect of Gibraltar, if it is the requested actor; or
(b) the investigative measure indicated in the request would not be available in a similar domestic case.
2. Without prejudice to the grounds for refusal available under the European Mutual Assistance Convention and its Protocols and under Article 158, paragraph 1 of this Article does not apply to the following investigative measures, which shall always be available under the law of the requested Member State or of the United Kingdom, in respect of Gibraltar, if it is the requested actor:
(a) the obtaining of information contained in databases held by police or judicial authorities that is accessible by the competent authority of the requested Member State or of the United Kingdom, in respect of Gibraltar, if it is the requested actor, in the framework of criminal proceedings;
(b) the hearing of a witness, expert, victim, suspected or accused person or third party in the requested Member State or in Gibraltar, if the United Kingdom, in respect of Gibraltar, is the requested actor;
(c) any non-coercive investigative measure as defined under the law of the requested Member State or of the United Kingdom, in respect of Gibraltar, if it is the requested actor; and
(d) the identification of persons holding a subscription to a specified phone number or IP address.
3. The competent authority of the requested Member State or of the United Kingdom, in respect of Gibraltar, if it is the requested actor, may also have recourse to an investigative measure other than the measure indicated in the request for mutual assistance if the investigative measure selected by the competent authority of the requested Member State or of the United Kingdom, in respect of Gibraltar, if it is the requested actor, would achieve the same result by less intrusive means than the investigative measure indicated in the request.