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�Simplifying the circulation of public documents �in the EU�

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�EUROPEAN COMMISSION

DG Justice and Consumers

Unit A1 – Civil Justice

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Why this Regulation?

    • Today, cross-border personal and professional relationships are a reality:
      • 16 million citizens reside in a MS other than their own
      • 13% of all marriages in the Union are international
      • But citizens face burdens when they present a public document in another Member State:
      • Authentication stamp: Apostille (1961 Hague Convention)
      • Certified translations
      • Certified copies
    • No structured administrative cooperation between MS to fight against false documents

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Why this Regulation?

  • Fragmented legal framework:

1) International conventions

    • 1961 Hague Apostille Convention
    • 1968 Council of Europe Convention on diplomatic and consular documents
    • CIEC (ICCS) Conventions on civil status

2) EU law:

    • 1987 Convention, only ratified by some MS
    • Brussels I Regulation, Brussels IIa Regulation, Maintenance, Successions, etc.

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Why this Regulation?

    • Result:
      • costs (€330 million/year) and red tape for citizens
      • legal uncertainty as apostille stamp is only abolished for some documents or only among some MS
      • no coordinated fraud prevention
      • right of free movement of citizens made difficult

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Legislative procedure

    • COM proposal adopted on 24 April 2013
    • EP first reading position: February 2014
    • Trilogues (COM, EP, Council): July to October 2015
    • EP's JURI Committee endorsed compromise text in November 2015
    • Council endorsed compromise text in December 2015
    • Adoption by Council and EP:6 July 2016

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���Scope: only MS documents���

    • The regulation is a horizontal instrument that complements other specific Union instruments
    • It will only apply to documents issued by a MS and not to documents issued by third countries (even if documents from third countries have already been accepted as authentic in one MS)
    • It will only apply between MS (taking precedence over agreements between them on identical matters)
    • It will not affect the relationship between MS and third countries (in particular the 1961 Hague Cv)

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���Scope: authenticity���

The Regulation:

    • concerns the authenticity of public documents presented in another MS
    • does not provide for the recognition of content or effects of public documents in another MS
    • does not harmonise national public documents (their content or security features) or substantive law (for example, marriage law)

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�Scope: categories of public documents covered

    • court documents, including judgments
    • administrative documents
    • notarial acts
    • official certificates (e.g. of document registration, authenticity of signature)
    • diplomatic and consular documents

=> Categories based on 1961 Hague Apostille Convention and 1987 Convention between MS

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Scope: matters covered

  • birth, life, death, name
  • marriage, capacity, status
  • divorce, legal separation, annulment
  • registered partnership, capacity, status
  • dissolution of registered partnership
  • parenthood, adoption
  • domicile/residence
  • nationality
  • absence of a criminal record
  • right to vote or stand in EP and municipal elections

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What does the Regulation do?

  • abolition of the apostille requirement for public documents and their certified copies
  • no parallel requirement of original document and its certified copy
  • acceptance of certified copies made in other MS
  • optional multilingual standard forms as translation aids attached to public document
  • when public document accompanied by a multilingual standard form, translation can only be required exceptionally
  • acceptance of certified translations made in other MS

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What does the Regulation do?

  • 11 multilingual standard forms: birth, life, death, marriage, capacity to marry, marital status, registered partnership, capacity to enter into a registered partnership, registered partnership status, domicile/residence, absence of a criminal record
  • forms contain standard entries and country-specific entries so as to mirror public document
  • template of form in 2 languages: issuing MS and receiving MS (plus multilingual glossary)
  • e-forms in European e-Justice Portal
  • fee: production cost of public document or of form, whichever is lower

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What does the Regulation do?

    • Better fraud prevention: principle of mutual trust but, if reasonable doubt on the authenticity of a document, structured administrative cooperation between MS (but no systematic checks!)
    • Possible doubt on: signature, capacity, stamp, forging
    • How? Through Internal Market Information system (IMI)
      • application developed by COM and MS to facilitate information exchanges
      • applied since 2008, covers other Union instruments

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What does the Regulation do?

    • Through IMI, MS authorities can:
    • check templates of public documents in IMI repository
    • submit a request for information to issuing MS (response within 5/10 days)
    • Central Authorities can assist in processing requests for information
    • If authenticity not confirmed, no obligation to process public document

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Information obligation

    • COM and MS must inform citizens of content of Regulation in personal dealings and through Internet

Review

    • 2 years after application: review of scope
    • legal status and representation of a company
    • educational diplomas
    • disabilities
    • 5 years after application: general review

Date of application

    • 2 ½ years after entry into force: 16 February 2019

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