Section 5: Surrender procedures resulting from agreements concluded by the European Union with other States.

In the absence of any stipulation to the contrary in the agreement concerned, this Chapter shall apply to requests for surrender between France and a State which is not a member of the European Union as soon as an agreement concluded by the European Union with that State and establishing a mechanism for surrender on the basis of an arrest warrant enters into force. For the purposes of this section,…

The surrender of a person who is a French national or who was a French national at the time of the acts covered by the arrest warrant issued by a State that is not a member of the European Union shall be refused.

The transit of a person who has French nationality or who had this nationality at the time of the acts covered by the arrest warrant issued by a State that is not a member of the European Union shall be refused. The last two paragraphs of Article 695-47 do not apply to surrender procedures resulting from agreements concluded by the European Union with other States.

The second to last paragraphs of Article 695-23 shall not apply to the surrender procedures mentioned in this section. By way of derogation from the first paragraph of the same Article 695-23, the surrender of a person shall be carried out without verification of the dual criminality of the acts complained of when the acts in question are, under the law of the non-EU Member State, punishable by a custodial…

For the implementation of 2° of Article 695-24 in the context of the surrender procedures provided for in this section, the execution of the arrest warrant may be refused if the person sought for the execution of a custodial sentence or a custodial security measure is not of French nationality but has been lawfully residing uninterruptedly for at least five years on national territory and the Public Prosecutor undertakes to…

Surrender shall not be granted to a State that is not a member of the European Union if the offence for which surrender is requested is of a political nature, unless it is an offence referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism, signed in Strasbourg on 27 January 1977, the offence of conspiracy to commit such offences, or the offences referred…

For the application of Article 695-46, in the context of the surrender procedures provided for in this section, consent shall be refused to a State that is not a member of the European Union if the offence in respect of which it is requested is of a political nature, unless it concerns an offence referred to in Articles 1 and 2 of the European Convention on the Suppression of Terrorism,…