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From 2 to 12 February 2009, a Special Commission met in The Hague to review the practical operation of the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention), as well as of three other Hague Conventions (Service, Evidence and Access to Justice Conventions). The Special Commission (SC) was attended by 203 experts from 64 States and Organisations representing Members of the Hague Conference on Private International Law, States Party to one or more of the Conventions under review, non-Contracting States that are actively exploring the possibility of joining at least one of the Conventions under review, and observers, as well as from the Permanent Bureau. The SC unanimously approved 100 Conclusions & Recommendations (C&R) relating to the four Conventions under review (the full text of the C&R is available on the Hague Conference website – click here). The C&R relating to the e-APP in particular (C&R Nos 96 to 98) read as follows:
Electronic Apostille Pilot Program (e-APP)
- The SC welcomes the continuing development of the e-APP, initiated by the Hague Conference and the National Notary Association of the United States of America, and notes with great satisfaction its entry into practical use in various jurisdictions (Belgium, Bulgaria, Colombia, Spain, Kansas, Rhode Island), in particular Spain where the e-Apostille component of the e-APP has been fully implemented (issuance of e-Apostilles for public documents executed in electronic form). The SC further notes with satisfaction that several States are actively pursuing implementation of one or both components of the Pilot Program. The SC invites States Parties who have not yet done so to consider implementation.
- The SC invites the Permanent Bureau to further develop and promote the e-APP, including facilitating the exchange of technical and legal information among States Parties and Members of the Hague Conference.
- The SC recognises that the implementation of the e-Apostille component of the e APP presents questions that are not raised by traditional paper Apostilles and encourages States Parties, Members of the Hague Conference and the Permanent Bureau to continue considering these questions through the exchange of technical and legal information.
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