e. Obligations for the State of nationality After the notification, competent authorities of the State of nationality should assess whether
it is appropriate to issue an EAW/EU-IC/NO arrest warrant relating to the same offences as
those of which the person concerned is accused in the extradition request, in so far as they
have jurisdiction, pursuant to their national law, to prosecute that person for offences
committed outside national territory.
2.1.3. Time limit to respond to a notification The requested State should set a reasonable time limit for the State(s) of nationality to submit
a reply. The requested State has a margin of appreciation when determining a reasonable time
limit, in particular taking into consideration whether a requested person is in custody based
on the extradition procedure and the complexity of the case
56
.
The imposed time limit should be indicated in the certificate (c.f. Annex 3 - template ).
If necessary, the focal point or the issuing judicial authority
57
of the State(s) of nationality
could request an extension of the time limit (c.f. Annex 5 - template ). The focal point or the
authority dealing with the extradition request in the requested State should decide upon the
extension (c.f. Annex 6 - template ).
2.1.4. Refusal of an extradition request Only in cases, where a judicial authority of a State of nationality issues an EAW/ EU- IC/NO arrest warrant related to the same offence(s) 58
or acts and informs the requested
State accordingly, the requested State should refuse the extradition and surrender the person
to the State of nationality (c.f. Annex 7 – template ).
2.1.5. Resumption of the extradition proceedings In the absence of a reply within the imposed time limit from authorities of the State(s) of
nationality or in the case of a negative reply within the time limit, the authorities of the
requested State may, where appropriate, carry out the extradition without being obliged to
wait for the State of nationality to reply and/or adopt a formal decision waiving the right to
issue an EAW/ EU-IC/NO arrest warrant in respect of that person
59
(c.f. Annex 7 – template ).
56
Judgment of the Court of Justice of 17 December 2020, Generalstaatsanwaltschaft Berlin (Extradition towards Ukraine), C-398/19, ECLI:EU:C:2020:1032, paragraph 55.
57
As designated under Article 6(1) of the Framework Decision on EAW or under Article 9(1) of the Agreement
between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender
procedure between the Member States of the European Union and Iceland and Norway.
58
Judgment of the Court of Justice of 10 April 2018, Pisciotti, C-191/16, ECLI:EU:C:2018:222, paragraph 54.
59
Judgment of the Court of Justice of 17 December 2020, Generalstaatsanwaltschaft Berlin (Extradition towards Ukraine), C-398/19, ECLI:EU:C:2020:1032, paragraphs 53 and 54.
