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7 DE SETEMBRO DE 2021

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a when the sentencing State so authorises: a request for authorisation shall be submitted, accompanied

by all relevant documents and a legal record of any statement made by the convicted person; authorisation shall

be given when the offence for which it is requested would itself be subject to extradition under the law of the

sentencing State or when extradition would be excluded only by reason of the amount of punishment. The

decision shall be taken as soon as possible and no later than 90 days after receipt of the request for consent.

Where it is not possible for the sentencing State to comply with the period provided for in this paragraph, it shall

inform the administering State, providing the reasons for the delay and the estimated time needed for the decision

to be taken;

b when the sentenced person, having had an opportunity to leave the territory of the administering State,

has not done so within 30 days of his or her final discharge, or if he or she has returned to that territory after

leaving it.»

Final provisions

Article 3 – Signature and ratification

1. This Protocol shall be open for signature by the Parties to the Additional Protocol. It shall be subject to

ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with

the Secretary General of the Council of Europe.

2. After the opening for signature of this Protocol and before its entry into force, a Party to the Convention

may not ratify, accept, approve or accede to the Additional Protocol unless it has simultaneously ratified, accepted

or approved this Protocol.

Article 4 – Entry into force

This Protocol shall enter into force on the first day of the month following the expiration of a period of three

months after the date on which all Parties to the Additional Protocol have expressed their consent to be bound

by this Protocol, in accordance with the provisions of Article 3.

Article 5 – Provisional application

Pending the entry into force of this Protocol according to the conditions set under Article 4, a Party to the

Additional Protocol may at the time of ratification, acceptance or approval of this Protocol or at any later moment,

declare that it will apply the provisions of this Protocol on a provisional basis. In such cases, the provisions of this

Protocol shall apply only with respect to the other Parties which have made a declaration to the same effect.

Such a declaration shall take effect on the first day of the second month following the date of its receipt by the

Secretary General of the Council of Europe.

Article 6 – Term of provisional application

This Protocol shall cease to be applied on a provisional basis from the date of its entry into force.

Article 7 – Notifications

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any

Signatory, any Party and any other State which has been invited to accede to the Convention of:

a any signature;

b the deposit of any instrument of ratification, acceptance or approval;

c the date of entry into force of this Protocol in accordance with Article 4;

e any other act, notification or communication relating to this Protocol.

In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.