Apostille in Europe: exemption, signature certification or just a sworn translation?
By Keran Chaussard, administrator of the Directory of Sworn Translators of France — updated on
Between EU countries, Regulation (EU) 2016/1191 abolishes the apostille and legalisation, but only for certain public documents: those establishing birth, death, name, marriage, divorce, registered partnership, parenthood, adoption, domicile, nationality or the absence of a criminal record. For these documents, a sworn translation is enough, where one is needed.
All other documents (diplomas, company documents, notarial deeds, powers of attorney, licences, passports…) still require an apostille, unless a specific agreement applies. And when a document bears a private signature, such as a translator's signature on a translation, that signature must first be certified at a town hall or by a notary before any apostille.
What the EU regulation on public documents provides
Since 16 February 2019, Regulation (EU) 2016/1191 has required the authorities of each Member State to accept as authentic, without an apostille or legalisation, certain public documents issued in another Member State. The exemption covers documents issued by a court, an administration, a notary or a consulate, and official certificates placed on private documents, but only where they establish one of the following facts:
- birth, being alive, death
- name and given name
- marriage, capacity to marry and marital status
- divorce, legal separation and annulment of marriage
- registered partnership
- parenthood and adoption
- domicile or residence
- nationality
- absence of a criminal record
- the right to vote or stand as a candidate in municipal and European elections
For several of these documents, multilingual standard forms can be attached to the document and often make a translation unnecessary. Where a translation is still needed, the regulation requires authorities to accept a certified translation made by a qualified person in any Member State: a French sworn translation of a covered document must therefore be accepted in Germany, Italy or Finland.
What the regulation does not cover
The exemption does not apply to documents that establish none of the facts above, even if they are issued by a public authority. This includes:
- diplomas and transcripts
- company documents: Kbis extract, articles of association, minutes
- notarial deeds not relating to civil status: sale, gift, power of attorney, will
- judgments other than divorce, legal separation or annulment
- driving licences, passports and identity cards
- private documents: contract, employer's certificate, bank statement, letter
All EU Member States are party to the Hague Convention: for these public documents, the apostille remains the rule in principle, unless a bilateral or multilateral agreement between France and the country concerned provides an exemption. The country-by-country table shows the applicable rule.
Apostille, signature certification or translation only: the decision table
| Type of document | Examples | Formality within the EU |
|---|---|---|
| Public document covered by Regulation 2016/1191 | Birth, marriage or death certificate, divorce judgment, certificate of nationality, criminal record extract | Neither apostille nor legalisation. Multilingual form, or a sworn translation if the authority cannot read the language. |
| Public document not covered | Diploma, Kbis extract, notarial deed of sale, civil or commercial judgment | Apostille, unless exempt under an agreement, then a sworn translation if needed. |
| Document bearing a private signature | Private power of attorney, certificate, contract, translation signed by a translator | Certification of the signature at a town hall or by a notary, then an apostille if the destination country requires one. |
The third row is the one most often overlooked. An apostille only certifies the signature of a public official: notary, court clerk, town hall officer. A private signature, including a translator's signature on a translation, must therefore first be authenticated through signature certification (légalisation de signature). It is then the signature of the town hall officer or notary that can be apostilled if necessary. For a document to be apostilled, every signature on it must have been authenticated.
A real case: translating a passport for Finland
A passport falls outside the scope of the EU regulation: it is not a civil status record. When a Finnish authority asked for a passport translation, the sworn translation alone was not enough: the authority required the expert translator's signature to be certified, so that it could check that the translation came from an authorised translator.
This case illustrates the rule: the EU exemption benefits civil status and similar documents, not every document. For a passport, a diploma or a commercial document intended for another EU country, always ask the receiving authority whether it requires certification of the translator's signature, or even an apostille.
The four-question method
- Does the document establish one of the facts covered by the regulation (birth, marriage, death, nationality, criminal record…)? If so, no apostille: go to question 4.
- Is it a public document (issued by an administration, a court, a notary)? If so, an apostille is required in principle, unless an agreement between France and the destination country applies.
- Does it bear a private signature, including a translator's? If so, have that signature certified first, then apostilled if the country requires it.
- Can the receiving authority read the language of the document? If not, attach a multilingual form where one exists, or a sworn translation.
If in doubt, the receiving authority's answer prevails: it sets its own requirements for documents outside the scope of the regulation. Ask it for written confirmation before starting.
Finding an expert translator who handles signature certification
When certification of the translator's signature is required, choose an expert who is willing to go to their local town hall to have it done, and say so when requesting a quote. The Directory of Sworn Translators of France lets you search for a court-appointed expert translator by language, département, region and court of appeal. For an urgent file or a rare language, use the express file submission service, stating the destination country and the formality required.
Frequently asked questions
- Do I need an apostille for a document sent to another EU country?
- Not for civil status records, divorce judgments, certificates of nationality or residence and criminal record extracts, which are exempt under Regulation (EU) 2016/1191. In principle yes for other public documents, such as diplomas, company documents or notarial deeds, unless a specific agreement applies.
- Does a French diploma need an apostille for Germany or Spain?
- Diplomas are not covered by the EU regulation. The formality depends on the agreements between France and the country concerned and on the requirements of the receiving institution: check the country-by-country table and ask the institution for confirmation.
- What is the difference between an apostille and signature certification?
- An apostille authenticates the signature of a public official on a public document for use abroad. Signature certification, carried out at a town hall or by a notary, authenticates the signature of a private individual or a professional, such as a translator, on a private document. The second is often a prerequisite for the first.
- Is a French sworn translation accepted in another EU country?
- For documents covered by Regulation 2016/1191, yes: authorities must accept a certified translation made in any Member State. For other documents, each authority sets its own requirements, which may include certification of the translator's signature.
- Does the European multilingual form replace a translation?
- Often, yes: attached to a birth, marriage or death certificate, it allows the authority to understand the document without a translation. The authority may still ask for a translation if the form is not sufficient to understand the document.
Sources
- Regulation (EU) 2016/1191 of 6 July 2016 on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union
- e-Justice Portal, "Public documents": country information and multilingual forms
- Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents
- Service-Public, "Legalisation of signature on a private document"
- Service-Public, "Legalisation or apostille of a public document issued by a French authority"
- Decree No. 2021-1205 of 17 September 2021, amended by Decree No. 2024-1200 of 23 December 2024, on legalisation and the apostille
