Regulation 2016/1191 - Promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the EU - Main contents
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official title
Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2016/1191 |
| Original proposal | COM(2013)228  |
| CELEX number i | 32016R1191 |
| Document | 06-07-2016; Date of signature |
|---|---|
| Publication in Official Journal | 26-07-2016; OJ L 200 p. 1-136 |
| Signature | 06-07-2016 |
| Effect | 15-08-2016; Entry into force Date pub. +20 See Art 27.1 16-02-2017; Application Partial application See Art 27.2 PT (a) 16-02-2018; Application Partial application See Art 27.2 PT (b) 16-08-2018; Application Partial application See Art 27.2 PT (c) 16-02-2019; Application See Art 27.2 |
| Deadline | 16-02-2021; Review See Art 26.2 16-02-2024; Review See Art 26.1 |
| End of validity | 31-12-9999 |
26.7.2016 |
EN |
Official Journal of the European Union |
L 200/1 |
REGULATION (EU) 2016/1191 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 July 2016
on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 21(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The Union has set the objective of maintaining and developing an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured. In order to ensure the free circulation of public documents within the Union and, thereby, promote the free movement of Union citizens, the Union should adopt concrete measures to simplify the existing administrative requirements relating to the presentation in a Member State of certain public documents issued by the authorities of another Member State. |
(2) |
All Member States are contracting parties to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the ‘Apostille Convention’), which introduced a system for the simplified circulation of public documents issued by Contracting States to that Convention. |
(3) |
In accordance with the principle of mutual trust and in order to promote the free movement of persons within the Union, this Regulation should set out a system for further simplification of administrative formalities for the circulation of certain public documents and their certified copies where those public documents and the certified copies thereof are issued by a Member State authority for presentation in another Member State. |
(4) |
The system set out in this Regulation should be without prejudice to persons being able to continue to benefit, if they so wish, from other systems which exempt public documents from legalisation or similar formality and which are applicable between Member States. In particular, this Regulation should be regarded as a separate and autonomous instrument from the Apostille Convention. |
(5) |
Coexistence between the system set out in this Regulation and other systems applicable between Member States should be safeguarded. As regards the Apostille Convention, while it should not be possible for Member States' authorities to require an apostille when a person presents to them a public document covered by this Regulation and issued in another Member State, this Regulation should not prevent Member States from issuing an apostille where a person chooses to request it. Moreover, this Regulation should not prevent a person from continuing to use in one Member State an apostille issued in another. Accordingly, the Apostille Convention could still be used, at a person's request, in relations between Member States. Where a person requests an apostille on a public document covered by this Regulation, the issuing national authorities should use appropriate means to inform that person that under the system set out in this Regulation an apostille is no longer necessary if that person intends to present the document in another Member State. In any case, Member States should make that information available through any appropriate means. |
(6) |
This Regulation should cover public documents issued by the authorities of a Member State, in accordance with its national law, and the primary purpose of which is to... |
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