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Big changes in the lives of all sworn translators in the Member States of the European Union
Thread poster: Teresa Borges

Teresa Borges
Portugal
Local time: 17:26
Member (2007)
English to Portuguese
+ ...
Jun 11, 2016

The day before yesterday, the European Parliament has adopted the regulation, proposed by the Commission, to cut costs and formalities for citizens who need to present a public document in another EU country.

http://europa.eu/rapid/press-release_IP-16-2092_en.htm
http://ec.europa.eu/justice/civil/judicial-cooperation/document-circulation/index_en.htm
http://ec.europa.eu/justice/civil/files/fact_sheet_public_docs_en.pdf


 

Michael Beijer  Identity Verified
United Kingdom
Local time: 17:26
Member (2009)
Dutch to English
+ ...
Hallelujah! Jun 11, 2016

Maybe this will mean less people asking me to translate diplomas and birth certificates from now on!

Michael


 

mariealpilles  Identity Verified
France
Local time: 18:26
Member (2014)
English to French
+ ...
sworn translations for the EU Jun 12, 2016

I do not think you understood right. First of all it is not going to be implemented before 2 years and then what is clear is that the apostille will not be required, i.e. delivered by the Ministry of Foreign Affairs, but sworn transltions will still be required.

 

writeaway  Identity Verified
French to English
+ ...
Re understanding Jun 12, 2016

mariealpilles wrote:

I do not think you understood right. First of all it is not going to be implemented before 2 years and then what is clear is that the apostille will not be required, i.e. delivered by the Ministry of Foreign Affairs, but sworn transltions will still be required.


"And what about translations? The Union country where the public document is presented cannot require a translation if the public document is in one of the official languages of the Union country or in another non-official language that the Union country can accept."
http://ec.europa.eu/justice/civil/judicial-cooperation/document-circulation/index_en.htm

I don't think a lot of translators are going to experience a hallelujah moment with this.


 

FarkasAndras
Local time: 18:26
English to Hungarian
+ ...
Well... Jun 12, 2016

I presume that most or all those documents will still be translated, just not at the customer's expense, but at the expense of the official body that requires the documents to be submitted.
Edit: I see that a "multilingual standard form" will be used for things like birth certificates so that translation is not needed. Not for diplomas though, I imagine.

[Edited at 2016-06-12 08:30 GMT]


 

Teresa Borges
Portugal
Local time: 17:26
Member (2007)
English to Portuguese
+ ...
TOPIC STARTER
On the same subject... Jun 12, 2016

This EC regulation (text will be available in the coming days) emerged from a Green Paper on “Less bureaucracy for citizens: promoting free movement of public documents and recognition of the effects of civil status records”, published on December 2010:

http://ec.europa.eu/justice/policies/civil/docs/com_2010_747_en.pdf


 

Michael Beijer  Identity Verified
United Kingdom
Local time: 17:26
Member (2009)
Dutch to English
+ ...
less birth certificates, driving licences and diplomas to translate = a good thing Jun 12, 2016

I take the following to mean that there will be less of those tedious birth certificates, driving licences and diplomas requiring translation under the new system, which, at least in my book, is a good thing:

"The regulation also abolishes the obligation for citizens to provide in all cases a certified copy and a certified translation of their public documents. Citizens can also use a multilingual standard form, available in all EU languages, to present as translation aid attached to their public document to avoid translation requirements;"

(http://europa.eu/rapid/press-release_IP-16-2092_en.htm )

*****************************
"And what about translations? The Union country where the public document is presented cannot require a translation if the public document is in one of the official languages of the Union country or in another non-official language that the Union country can accept."

In addition, the Regulation introduces multilingual standard forms. These forms are in all Union languages and can be used by citizens in another Union country as translation aids attached to their public document. In this way citizens can avoid translation requirements. If the public document presented is accompanied by a multilingual standard form as a translation aid, the receiving Union country can only require a translation of the document in exceptional circumstances. If such exceptional circumstances exist and the receiving Union country requires a certified translation, it must accept a certified translation made in another Union country.

The Regulation introduces multilingual standard forms as translation aids of public documents concerning birth, a person being alive, death, marriage (including capacity to marry and marital status), registered partnership (including capacity to enter into a registered partnership and registered partnership status), domicile and/or residence and absence of a criminal record.

(http://ec.europa.eu/justice/civil/judicial-cooperation/document-circulation/index_en.htm )

*****************************
"Timea, a Hungarian citizen, is planning to get married to Matthias, a Belgian citizen, in Hungary.

Under the current rules:
In order to get married in Hungary, Matthias needs to obtain from the Belgian authorities
an apostille stamp for his birth certificate showing that it is authentic. In addition,
Matthias must get a certified translation of his birth certificate. The procedure to obtain
the apostille is costly and takes time. Timea and Matthias must wait for the authentication
and translation of Matthias’ birth certificate before they can get married.

Under the new rules:
Matthias will no longer need to obtain an apostille stamp for his birth certificate. The
Hungarian authorities will consider his birth certificate as authentic. Nor will he need to
have his birth certificate translated by a sworn translator. He will be able to request a
multilingual standard form that he will attach to his birth certificate as a translation aid.
Getting married in Hungary will be easier and cheaper."

(http://ec.europa.eu/justice/civil/files/fact_sheet_public_docs_en.pdf )

Michael


 

Teresa Borges
Portugal
Local time: 17:26
Member (2007)
English to Portuguese
+ ...
TOPIC STARTER
For me... Jun 12, 2016

Michael J.W. Beijer wrote:

I take the following to mean that there will be less of those tedious birth certificates, driving licences and diplomas requiring translation under the new system, which, at least in my book, is a good thing:

"The regulation also abolishes the obligation for citizens to provide in all cases a certified copy and a certified translation of their public documents. Citizens can also use a multilingual standard form, available in all EU languages, to present as translation aid attached to their public document to avoid translation requirements;"

(http://europa.eu/rapid/press-release_IP-16-2092_en.htm )

*****************************
"And what about translations? The Union country where the public document is presented cannot require a translation if the public document is in one of the official languages of the Union country or in another non-official language that the Union country can accept."

In addition, the Regulation introduces multilingual standard forms. These forms are in all Union languages and can be used by citizens in another Union country as translation aids attached to their public document. In this way citizens can avoid translation requirements. If the public document presented is accompanied by a multilingual standard form as a translation aid, the receiving Union country can only require a translation of the document in exceptional circumstances. If such exceptional circumstances exist and the receiving Union country requires a certified translation, it must accept a certified translation made in another Union country.

The Regulation introduces multilingual standard forms as translation aids of public documents concerning birth, a person being alive, death, marriage (including capacity to marry and marital status), registered partnership (including capacity to enter into a registered partnership and registered partnership status), domicile and/or residence and absence of a criminal record.

(http://ec.europa.eu/justice/civil/judicial-cooperation/document-circulation/index_en.htm )

*****************************
"Timea, a Hungarian citizen, is planning to get married to Matthias, a Belgian citizen, in Hungary.

Under the current rules:
In order to get married in Hungary, Matthias needs to obtain from the Belgian authorities
an apostille stamp for his birth certificate showing that it is authentic. In addition,
Matthias must get a certified translation of his birth certificate. The procedure to obtain
the apostille is costly and takes time. Timea and Matthias must wait for the authentication
and translation of Matthias’ birth certificate before they can get married.

Under the new rules:
Matthias will no longer need to obtain an apostille stamp for his birth certificate. The
Hungarian authorities will consider his birth certificate as authentic. Nor will he need to
have his birth certificate translated by a sworn translator. He will be able to request a
multilingual standard form that he will attach to his birth certificate as a translation aid.
Getting married in Hungary will be easier and cheaper."

(http://ec.europa.eu/justice/civil/files/fact_sheet_public_docs_en.pdf )

Michael


... it’s a logical step forward in the implementation of the principle of the free movement of persons and workers. As a European citizen is entitled to live and work in another EU State Member reducing the red tape that currently proliferates and all the costs associated should be a must…

Teresa


 

José Henrique Lamensdorf  Identity Verified
Brazil
Local time: 13:26
English to Portuguese
+ ...
Things seen from outside the EU Jun 12, 2016

I am a sworn translator in Brazil, where this activity is regulated by ancient law (1943, unamended fo far), such work being done at statutory rates (statewide, updated now and then, of course).

A few facts to mention:
  • The documents listed on the first link mentioned by Teresa are deemed "simple" in Brazil, so the statutory rate applicable to them is ~30% lower.
  • For almost a decade now, I've seen British passports having all field labels numbered, and three pages there are crammed with the corresponding translations into some 30 languages. One of them - the 11th if I recall correctly - is (European*) Portuguese, which is legally the same language official in Brazil. Yet authorities here demand a sworn translation, because they don't want officers to rummage those lists in search for what could be accepted.
  • I've seen a number of multilingual civil records certificates, and all those languages are such a mess, that a translator must assist any records clerk to find whatever is pertinent to one specific language.

    Therefore I fail to see a sustainable solution here.

    I'd see sustainability if all member countries adopted a standard form for all civil records certificates (plus driver licenses, etc.), issued them in their official language with a standard numbering for all fields, and made available on the www equally field-numbered translations, into each of the official languages, one at a time. I mean, a birth certificate issued in Germany would be all in DE, all field labels numbered. One could download their translations, say, into FR (only), print it, and attach that page to the document to use it in a FR-speaking country.

    Again the UK (being a sworn translator licensed for English, it's most of what I see from Europe) usually provides civil record certificates in the form of certified copies of the - often handwritten - original record. This could be rather troublesome to change.

    ---------------------------------------------------------
    *Only mishap here is that the word the Brits use in PT-PT for "surname" ("apelido") means "nickname" in PT-BR, which could cause some confusion.

    "Apellido" is also the word for "surname" in Spanish. So a story is told - I have no idea on whether it's true - about the famous Brazilian entrepreneur and TV host Silvio Santos when he first went to Uruguay.

    "Silvio Santos" is his artistic name, the actual one being "Senor Abavanel".

    "Señor Abravanel" in Spanish is equivalent to "Mr. Abravanel".

    So the Uruguayan immigration officer saw it on his documents, and asked:
    "¿Señor Abravanel, cual es su apellido?"
    ("Mr. Abravanel, what is your surname?")

    However in PT-BR this is understood as "what is your nickname?" ... to which he answered "Silvio Santos".

    So records would probably show that a Brazilian named "Abravanel Silvio Santos" entered the Uruguayan territory on that date. Of course, no citizenship records were issued based on that, but it could be the case in the EU.

    Again, I don't know whether this story is true, however it is 100% possible.
    Like the Italians say, Se non è vero, è ben trovato.!

     

  • Sorana_M.
    Romania
    Local time: 19:26
    English to Romanian
    + ...
    :( Jun 14, 2016

    Michael J.W. Beijer wrote:

    Maybe this will mean less people asking me to translate diplomas and birth certificates from now on!

    Michael


    Those were among my favorite translations...icon_frown.gif


     

    Sorana_M.
    Romania
    Local time: 19:26
    English to Romanian
    + ...
    What about tuition proof? Jun 14, 2016

    Does it say anything about tuition papers - certificates, diplomas, transcripts and so on?

     

    Teresa Borges
    Portugal
    Local time: 17:26
    Member (2007)
    English to Portuguese
    + ...
    TOPIC STARTER
    Please follow the links below for additional information on this issue Jun 14, 2016

    Sorana_M. wrote:

    Does it say anything about tuition papers - certificates, diplomas, transcripts and so on?


    I also found one of those links in Romanian:
    http://europa.eu/rapid/press-release_IP-16-2092_ro.htm


     

    Michael Beijer  Identity Verified
    United Kingdom
    Local time: 17:26
    Member (2009)
    Dutch to English
    + ...
    Slator.com also just covered the story here: Jun 17, 2016

    https://slator.com/demand-drivers/european-commission-just-killed-eur-100m-translation-market/

    Discuss.


     

    Huw Watkins  Identity Verified
    United Kingdom
    Local time: 17:26
    Member (2005)
    Italian to English
    + ...
    Just to be clear Jun 18, 2016

    It says this:

    "The Regulation covers public documents such as certificates, notarial acts, judgments and consular documents in certain areas. The areas covered are the following: birth; a person being alive; death; name; marriage, including capacity to marry and marital status; divorce, legal separation or marriage annulment; registered partnership, including capacity to enter into a registered partnership and registered partnership status; dissolution of a registered partnership, legal separation or annulment of a registered partnership; parenthood; adoption; domicile and/or residence; nationality; absence of a criminal record and the right to vote and stand as a candidate in municipal elections and elections to the European Parliament."

    For me, I nerver translate those certificates anyway as they are a real pain and very unlucrative. Judgements etc are a different matter. It really doesn't cover a huge volume of work though, lets be honest.

    In fact, cutting the red tape in these matters is a positive thing I'd say.

    It also uses the term 'can't require' - which doesn't exclude the translation if the body/person in question would like to haver them translated in order to understand them. Countries will likely develop their own internal policies on this based on preference. The difference being that the body foots the cost not the individual.

    Addendum.

    I just saw this:

    " a so-called multilingual standard form will be made available in all EU languages, which can be presented as a “translation aid attached to their public document to avoid translation requirements,” according to the Commission.""

    I think that's a very sensible move personally. Looks like certificates aren't going to be translated any more. Not a biggie in my eyes.



    [Edited at 2016-06-18 17:25 GMT]


     

    Teresa Borges
    Portugal
    Local time: 17:26
    Member (2007)
    English to Portuguese
    + ...
    TOPIC STARTER
    I've just found the text of the regulation Jun 18, 2016

    http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52013PC0228

    It should be noted that EU Regulations are legal acts that are directly applicable in all Member States the day after their publication in the Official Journal of the European Union. Unlike an EU Directive, an EU Regulation does not need to be implemented into national law, but is the law throughout the EU from the day of its publication. EU Regulations are thus instruments for achieving swift and uniform solutions in the interests of the EU’s Single Market, legal certainty and concrete consumer benefits.


     
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