contents table
European Arrest Warrant (EAW)
Article 2

Article 2 — Scope of the European arrest warrant

  1. A European arrest warrant may be issued for acts punishable by the law of the issuing Member State by a custodial sentence or a detention order for a maximum period of at least 12 months or, where a sentence has been passed or a detention order has been made, for sentences of at least four months.
  2. The following offences, if they are punishable in the issuing Member State by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined by the law of the issuing Member State, shall, under the terms of this Framework Decision and without verification of the double criminality of the act, give rise to surrender pursuant to a European arrest warrant:
    • participation in a criminal organisation,
    • terrorism,
    • trafficking in human beings,
    • sexual exploitation of children and child pornography,
    • illicit trafficking in narcotic drugs and psychotropic substances,
    • illicit trafficking in weapons, munitions and explosives,
    • corruption,
    • fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests,
    • laundering of the proceeds of crime,
    • counterfeiting currency, including of the euro,
    • computer-related crime,
    • environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties,
    • facilitation of unauthorised entry and residence,
    • murder, grievous bodily injury,
    • illicit trade in human organs and tissue,
    • kidnapping, illegal restraint and hostage-taking,
    • racism and xenophobia,
    • organised or armed robbery,
    • illicit trafficking in cultural goods, including antiques and works of art,
    • swindling,
    • racketeering and extortion,
    • counterfeiting and piracy of products,
    • forgery of administrative documents and trafficking therein,
    • forgery of means of payment,
    • illicit trafficking in hormonal substances and other growth promoters,
    • illicit trafficking in nuclear or radioactive materials,
    • trafficking in stolen vehicles,
    • rape,
    • arson,
    • crimes within the jurisdiction of the International Criminal Court,
    • unlawful seizure of aircraft/ships,
    • sabotage.
  3. The Council may decide at any time, acting unanimously after consultation of the European Parliament under the conditions laid down in Article 39(1) of the Treaty on European Union (TEU), to add other categories of offence to the list contained in paragraph 2. The Council shall examine, in the light of the report submitted by the Commission pursuant to Article 34(3), whether the list should be extended or amended.
  4. For offences other than those covered by paragraph 2, surrender may be subject to the condition that the acts for which the European arrest warrant has been issued constitute an offence under the law of the executing Member State, whatever the constituent elements or however it is described.