EuUnthVO

Concept and Scope of Application of the EuUnthVO

Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016 to promote the free movement of citizens by simplifying the requirements for presenting certain public documents within the European Union, commonly abbreviated as ‘EuUnthVO’, is a legal act of the European Union. The aim of the EuUnthVO is to reduce bureaucratic burdens in the cross-border use of public documents between Member States and thus facilitate free movement within the European Union.

The Regulation entered into force on 16 February 2019 and applies directly in all EU Member States, unless exceptions apply. It concerns public documents issued by authorities of one Member State and to be presented in another Member State.

Background and Purpose

The EuUnthVO was created due to the need to reduce the complex formalities for the recognition and use of public documents in international legal transactions within the EU. Under previous practice, super-certification by means of an apostille or legalization was often required. With the EuUnthVO, this requirement is eliminated for certain categories of documents between EU countries.

The main objectives are:

• Reduction of bureaucracy within the EU
• Prevention of double-checking the authenticity of public documents
• Promotion of the exercise of free movement rights
• Improvement of the cross-border exchange of civil status data

Scope of Application of the Regulation

Material Scope

The EuUnthVO applies to public documents issued by authorities in an EU Member State that are to be presented in another Member State, provided they concern certain matters. The Regulation applies in particular to documents relating to the following areas:

• Birth
• Death
• Name
• Marriage, including capacity to marry and marital status
• Divorce, annulment or nullity of a marriage
• Registered partnership, its establishment, dissolution or annulment
• Parentage
• Adoption
• Residence or domicile
• Nationality
• No criminal record

Personal and Territorial Scope

The addressees of the EuUnthVO are the authorities of all EU Member States; it does not apply to third countries. The regulation has effects for EU citizens as well as for stateless persons and refugees, provided that they concern public documents of the mentioned categories.

Content and Provisions of the EuUnthVO

Abolition of Apostille and Legalization

A central element of the EuUnthVO is the abolition of any form of certification (legalization or apostille) for public documents that fall directly within its scope. The authorities of an EU Member State can no longer require certification or similar formalities when the document comes from an authority of another Member State and falls within the material scope of the Regulation.

Multilingual Standard Forms

To further facilitate matters, the EuUnthVO provides for the introduction of multilingual standard forms that serve as translation aids. These forms may be issued upon request together with the public document and thus reduce the need for a certified translation. They have been introduced for the most important types of documents (e.g. birth certificate, marriage certificate, death certificate). Their use is optional and cannot be made mandatory by the authorities.

Public Documents within the Meaning of the EuUnthVO

For the purposes of the EuUnthVO, public documents are documents issued by courts, administrative authorities, or notaries of a Member State. Official certifications such as registrations, confirmations of entries, or notarizations are also included.

Other important certificates such as driving licences, official identity documents, school or university certificates, and judgments (except those relating to civil status matters) are not covered by the Regulation.

Prevention of Fraud and False Documentation

The Regulation contains specific protective mechanisms against abuse. Authorities may, in cases of doubt, verify the authenticity of a submitted document through mutual administrative assistance via the Internal Market Information System (IMI).

No Mutual Recognition of Content

The EuUnthVO only provides for facilitations in the verification of the authenticity of a document, but not for the recognition of its content. Whether and to what extent an authority in the Member State in which the document is presented attaches legal effects to a foreign document remains governed by national law.

Procedure and Practical Implementation

Submission and Acceptance of Public Documents

Authorities may only require submission of the original or a certified copy, and, if applicable, a multilingual standard form for public documents that fall within the scope of the EuUnthVO. Super-legalization (legalization, apostille) or further proof of authenticity is inadmissible.

Translation Requirements

If a document is presented in a foreign language, the authority may require a translation, provided the document is not drawn up in an official language of the Member State where it is submitted or in a language accepted by the authority. The multilingual standard forms serve here as a reliable translation aid.

Verification of Documents (IMI)

In case of doubts about the authenticity of a document, authorities are permitted to initiate an administrative verification via the Internal Market Information System (IMI). In such cases, the authorities work closely together to prevent forgeries or misuse. Until the review is completed, the processing of the procedure can be suspended.

Relationship to Other Legal Instruments

Distinction from the Hague Apostille Convention

While the Hague Apostille Convention still applies to third countries, the EuUnthVO supersedes this Convention in the area of intra-Community legal transactions for the types of documents covered by the Regulation between Member States. Accordingly, only the EuUnthVO is exclusively and directly applicable.

No Impact on Substantive Legal Recognition

The EuUnthVO does not replace other Union or national provisions regarding the substantive effect or recognition of documents. It applies solely to formal aspects and simplifications concerning the proof of authenticity and issuance of public documents.

Significance and Outlook

The EuUnthVO represents an important step towards the further harmonization and reduction of bureaucracy in cross-border document transactions within the EU. It leads to significant simplifications for citizens and companies by eliminating previously required authentication procedures and enabling the use of multilingual forms. Future developments are likely to focus on expanding the material scope and further improving the technical networking of authorities.

Literature and Sources

• Regulation (EU) 2016/1191 of the European Parliament and of the Council of 6 July 2016
• Official explanations of the European Commission on application of the EuUnthVO
• Provisions concerning the Internal Market Information System (IMI)
• Hague Apostille Convention of 1961

This presentation provides a comprehensive overview of the EuUnthVO, its scope, the most important provisions, and its effects on intra-European legal transactions.

Frequently Asked Questions

What are the legislative objectives of the EU Regulation to prevent the use of products from forced labor (EuUnthVO)?

The primary goal of the EuUnthVO is to prohibit the import, provision, and export of products that are wholly or partly produced by forced labor within the European Union. Legally, the regulation requires both economic operators (manufacturers, importers, traders) and competent authorities to ban products from the European Union if there are sufficient indications of forced labor. This is intended to protect the internal market and ensure that fundamental rights under the EU Charter of Fundamental Rights as well as the EU’s international obligations in labor protection are respected. The EuUnthVO is part of broader efforts on corporate social responsibility and supply chain due diligence. It follows a risk-based approach, imposing specific obligations on both authorities and companies for monitoring, reporting, and remediation.

What legal obligations do companies have under the EuUnthVO?

Companies that place products on the market in the EU or intend to export them are legally required to ensure that no forced labor is used in their supply chain. They must establish appropriate due diligence measures, especially for goods transactions from high-risk areas. This includes, among other things, implementing internal control systems, reviewing and documenting suppliers with regard to the prohibition of forced labor, cooperating with relevant authorities in investigations, and, if necessary, taking remedial action. Legal violations may result in prohibition of placement or export of the affected products, their recall, and destruction or disposal. Fines and other sanctions are provided for in the national implementing provisions.

How is the enforcement and monitoring of the EuUnthVO carried out by the competent authorities?

Enforcement of the EuUnthVO is generally the responsibility of national authorities in the Member States that are specifically responsible for the control and supervision of production, distribution, and import companies. These authorities are supported by a central coordination office at EU level, with access to risk analysis data and cooperation mechanisms. In cases of suspected forced labor, investigations are initiated ex officio or on the basis of external information, with companies being required to cooperate fully. The authorities mainly check supply chains, export/import documents, employment contracts, and audit reports. In addition, where forced labor is proven, a trade ban may be imposed until the grievances are remedied.

What legal consequences can result from violations of the EuUnthVO?

Violations of the requirements of the EuUnthVO, especially the placing on the market, provision, or export of products from forced labor, are subject to severe sanctions. These range from removing products from the market, recalling and destroying the affected goods, to the public disclosure of the violation, as well as administrative fines and criminal penalties in accordance with relevant national law. Companies also face serious reputational damage and exclusion from public procurement procedures, where this has been implemented nationally. Repeated or intentional violations are sanctioned particularly strictly.

How does the EuUnthVO relate to other European supply chain and human rights regulations?

The EuUnthVO supplements existing regulations such as the EU Supply Chain Directive (Corporate Sustainability Due Diligence Directive, CSDDD) and the Regulation to Prevent Trade in Conflict Minerals by specifically focusing on the prohibition of production by means of forced labor. There is overlap regarding due diligence requirements and the obligation to disclose supply chain information. From a legal perspective, it constitutes a cross-sector special provision with priority in cases related to forced labor. In case of conflict, the stricter requirements of the EuUnthVO prevail. Companies must therefore establish a coherent compliance system that covers all relevant EU regulations.

What role do whistleblowers and complaint mechanisms play under the EuUnthVO?

The EuUnthVO explicitly provides that employees, NGOs, and other third parties can report violations to the authorities. Member States must provide effective and accessible complaint mechanisms and ensure the protection of whistleblowers. Such reports can trigger investigations and are subject to judicial review. Companies must ensure that such complaints are adequately addressed in their compliance processes and, if necessary, initiate independent internal investigations.

What possibilities exist to challenge official measures under the EuUnthVO?

Companies have the right to challenge official measures such as the prohibition of placement on the market, recall, or destruction orders before the competent administrative authorities and, where appropriate, courts. The decisions in question must be substantiated, and effective legal protection in accordance with the Charter of Fundamental Rights of the EU must be ensured. The matters in dispute may include questions of fact (e.g. proof of use of forced labor), as well as legal and procedural issues. Until a legally binding conclusion is reached, it may be possible, depending on national laws, to apply for suspensive effect.