Eurojust is pleased to provide a note on notifications to Eurojust of breaches of time limits in the execution of European Arrest Warrants (EAWs) pursuant to Article 17(7) (first sentence) of the Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant (FD EAW), on the basis of the experience of its National Desks in relation to the reporting of such breaches by national authorities.

The purpose of this note is to raise awareness of the services that Eurojust can provide at operational and strategic level further to the compliance by Member States of their obligation to inform Eurojust of breaches of time limits in the execution of EAWs and the reasons therefor pursuant to Article 17(7) (first sentence) of FD EAW.

Article 17(7) of FD EAW provides that “Where in exceptional circumstances a Member State cannot observe the time limits provided for in this article [decision to execute the EAW], it shall inform Eurojust giving the reasons for the delay. In addition, a Member State which has experienced repeated delays on the part of another Member State in the execution of EAWs shall inform the Council with a view to evaluating the implementation of this Framework Decision at Member State level.” [emphasis added]

The focus of this note lies on Article 17(7) (first sentence) of FD EAW, as it is this part of the provision that concerns the role of Eurojust, and aims at (i) presenting Eurojust’s role when informed of breaches of time limits in the execution of EAWs with a view to assisting in the reduction of the delays and contributing to the smooth operation of EAW proceedings, (ii) raising awareness in the Member States of their reporting obligation towards Eurojust, pursuant to Article 17(7) (first sentence) of FD EAW, and (iii) presenting the main issues identified at Eurojust concerning notifications of such breaches on the basis of its limited experience due to very reduced number of such notifications received thus far (see Annex).