An early assessment of the strategic implications of EU Regulation 2016/1191 on public document translation and languages of limited diffusion: the instructive case of Greece Fotis Fotopoulos President of the Board, Panhellenic Association of Translators (PEM) 5-6/10/2018 XV Scientific Conference, Belgrade
Terms explained › Apostille (Hague Convention Sworn or State-authorised › translator : officially approved 1961): verifies authenticity by the State to exclusively of signature, not content. provide certified (or sworn before a court) translations. › Legalisation : verification of Public documents : emanating › legal validity in the issuing from courts; tribunals; public country (usually more prosecutors; notaries public; complicated than Apostille). public administrations; diplomatic or consular agents. Also, official certificates on private documents. An early assessment of the strategic implications 2 of EU Regulation 2016/1191
Key changes 2016/1191 › Apostille / Legalisation / Certified Covers around 20 items : › copies… cannot be required for public birth , being alive , death , name, documents issued by EU Member marriage , capacity to marry, marital States for other EU-MS. status , divorce, legal separation, › marriage annulment, registered Translation: eliminated if partnership , parenthood, adoption, possible. domicile / residence / nationality, › Multilingual Standard Form absence of criminal record , (MSF): attached to original. documents required to vote or stand › Application: started in Feb 18. in Eur Parl or municipal elections for › non-nationals, certified copies of Does not affect national law or the originals. recognition of legal effects in other EU member states. › Takes precedence over any overlapping agreements. An early assessment of the strategic implications 3 of EU Regulation 2016/1191
› Cyprus’s Multilingual Form for birth (page 4). › Eliminate translation of the original as far as possible. › For a citizen it means you don’t have to pay for the translation of the original. But you may have to pay a (small) fee. › The receiving Authority decides if a translation is still needed. › If in reasonable doubt , EUMS assist each other via a special An early assessment of the strategic implications 4 admin portal (IMI). of EU Regulation 2016/1191
Translation & Language related Each EU Member State can expressly accept languages other › than its official ones. It can also allow its authorities to accept further EU languages. Like Norway (EFTA) accepts documents in English. › A certified translation carried out by a person qualified to do › so under the law of a Member State shall be accepted in all of the EU. An (unqualified) Greek lawyer’s translations are now › acceptable in Slovenia. A (part-time) Romanian sworn translator’s product is now › acceptable in Spain. An early assessment of the strategic implications 5 of EU Regulation 2016/1191
And now, the TRUTH The case of Greece: how a chaotic and unfair › Languages of limited diffusion may start losing further › system can survive and thrive thanks to the EU. ground, as national bureaucracies gradually accept more Lawyers allowed to translate any document from › untranslated originals. any language. They also certify copies. How does Norway compensate? › They self-declare working languages to Sworn Translation was the clearest signalled and best › › regulated T&I sector, even protected in a few countries. their Bar Association. But the rules vary enormously from country to country. No due diligence on competencies, › From None (UK), to virtually none (Greece), to › knowledge, skills, quality, process. highly complex structures within the same The Greek Lawyers Code explicitly allows › country (Germany, Spain). them to translate in the reverse direction. Very little cross-border recognition of Sworn › Translators. Courts compile a list of approved interpreters › and translators each year, locally. EU solution Let’s accept every country’s own rules (or lack of) overnight, Part-timers and secondary-education › whilst reducing the volume of available work. graduates with limited linguistic skills are accepted on a par with professionals. Instead of ONE COMMON STATUS for No checks or assessments beforehand. public document translation across the EU, › Very low wages. now ANY STATUS is good enough. All Greece needs to do – and will likely do – is › Any provider who ever managed to gain access to a register merge Bar Association and Courts registers into somewhere, is now rewarded. one. Then email it to the European Commission. This weakens national rules where they are strong, in favour of That will be the new competition for all of us. member states with fewer, loose, disorganised frameworks. An early assessment of the strategic implications 6 of EU Regulation 2016/1191
Impact for Translators & Associations › › Increases pressure on our Reduces Sworn Translation revenues Associations 2-3 million pages of these public › documents (estimate) 100- Status signal eroded pressing need to › compensate with tangible offerings and 150mEUR of translation revenue assist the transition of members. 25/59 of FIT Europe associations › Increases competition between us. › are definitely affected, with Specialist associations hit hardest. › another 12 possible. Generalist associations will become safer havens. Do we have the management, 103 prof. associations existed in › leadership, structures and mutual support Europe in 2012 – more now. needed to cope? › More translators drop out Larger, more assertive associations will in › turn expect a stronger status signal from Turn Part-time, or change jobs. › their affiliation with FIT Europe and FIT. High production from Universities › Practical suggestions at the end. › + Shorter stay major headache › View the Regulation as ‘outsourcing’ › Expansion of the Regulation in the next Lessons to learn from the UK include › 5-10 yrs fragmentation into more associations with a Targets: legal status and › narrower, more directly demanding focus. representation of companies; formal qualifications; disability. An early assessment of the strategic implications 7 of EU Regulation 2016/1191
Impact for countries & citizens › Short term: not much to see. Long term: › Resistance to change. Inertia. The Sworn Translation market won’t › › disappear. There are more factors at Client loyalty will hold out for a › play in opting for paid translation. while. Germany, Spain, Italy and France › the main receiving countries in the › Medium term: EU. Disruption . May save time (debatable). › Associations may lobby for new › Will reduce Apostille fraud. › national barriers and might well be The more complex the document, › heard – a new nationalism. the more risk a MSF transfers to Eg. a Protected Title would bring: › citizens and businesses. Tighter regulation, 2005/36/EC › Inaccuracies can take long to › Higher profit margins for some › detect who’s to blame? translators (but less revenue) ‘Hard’ Brexit will ease the pressure, › More value attached to › as the need for >EN will continue. University qualifications Case law developing. › An early assessment of the strategic implications 8 of EU Regulation 2016/1191
Why are they doing this? (Really) › Too low in the service pecking order. Translation viewed as a Cost Centre and › a Barrier. Those who advise the EU see › Translation as an operational Not as an investment. › service (Cleaning, Security), Not as a safeguard of cross-border › not as Knowledge-Intensive . mobility but as a hindrance. Not considered an integral part of › Despite an EU sectoral analysis › the manufacturing value chain. showing that Translation costs much less than legal format and Not considered to have an impact › on the wider economy. other barriers to cross-border provision of services. We have not hammered home the point that Translation prevents key risks and is a Core Value-Adding Service. ( Not all Translation is equally value-adding. ) An early assessment of the strategic implications 9 of EU Regulation 2016/1191
What we can do › Individuals › The Federation Come in from the cold. › Accept that Regulation 1191 is a › Focus on adding value to clients at › game changer. the micro-level. Emphasise value. Prepare for associations that › demand stronger status signalling › Specialist associations of Sworn Tr. from their affiliation with FIT and Band together in urgency. › FIT Europe. Run a Europe-wide ad campaign. › Strengthen status signalling with: › Focus on safeguarding clients from › A database of public document risks › risks (see example). resulting from the Regulation’s ‘ANY › STATUS WILL DO’ philosophy. Generalist associations Our own CPD accreditation system. › Prepare for enlargement. › Management and leadership › Train in managing, leading, › competences to develop capacity in organising, being effective. associations. Care more for new graduates. › Lobby and protest harder. › Arrange liability insurance cover. › An early assessment of the strategic implications 10 Learn from good practice (eg ITIA). › of EU Regulation 2016/1191
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