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Decision of 11 December 2008 laying down rules on the quality and integrity of sworn interpreters and translators (Decree-certified interpreters and translators)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Justice of 15 July 2008, No 5554808/08/6;
Having regard to the Articles 2, 4th and Fifth paragraph , 3 , 4, fifth paragraph , 8, 4th Member , 16, 4th paragraph, of the Law swearing-in interpreters and translators ;
The Council of State heard (opinion delivered on 20 August 2008, no. W03.08.0302/II);
Having regard to the further report of the Secretary of State for Justice of 4 December 2008, No 5576160;
Have found good and understand:
For the purpose of this Decision:
a. Law: The Sworn Interpreters and Translators Law ;
b. Commission: The Committee of the Interpreters and Translators referred to in the Article 2 ;
c. Complaints Commission: the Complaints Commission, referred to in Article 16, second paragraph, of the Act .
1 There is a commission sworn interpreters and translators.
The Commission shall be responsible for the following tasks:
a. advising on the appointment of independent experts as intended Article 8, second paragraph ;
b. advising on training courses as intended Article 11 (b) ;
c. advising on the competencies, mentioned in Article 3 of the Act .
3 The committee shall be composed of a maximum of five members, including the Chairman.
1 Our Minister appoints the President and the other members of the committee for a period of four years.
2 A member may be reappointed for a period of not more than four years.
3 Our Minister may, at his written request, give a member of the Minister's resignation.
4 Our Minister may dismiss a member in the event of sickness or for serious reasons such as incapacity for the function or incompatibility of functions and interests.
5 Of a vacancy and of decisions on appointment, reappointment or dismissal shall be communicated in the Official Gazette.
1 The members of the committee receive vacancy funds based on the Decision on vacancy 1988 and the provisions based on it based on the Ministry of Justice.
2 Members receive compensation for travel and subsistence expenses according to the Travel decision domestic .
The application for registration in the register shall be made using a form made available for that purpose.
1 In addition to the completed and signed form, the application for registration or renewal shall, in each case, provide the following documents:
a. the Statement of Conduct, mentioned in Article 4, second paragraph, of the Act ;
b. the certificate, mentioned in Article 8, first paragraph, part a ;
c. A copy of a valid identity document;
d. A well-looking passport photo; and
e. a document indicating that, where relevant, the applicant is entitled to reside and work in the Netherlands.
2 Instead of the original of the certificate provided for in Article 8, first paragraph, part a or b , a certified copy may also be submitted.
1 For the examination of the application for registration in the register, the applicant shall be liable for an amount of € 125.
2 For the examination of the application for renewal of the registration in the register, the applicant shall be liable for an amount of € 75.
3 If an applicant submits an application for registration or extension for both interpreter and translator or for more than one source or target language, only once the relevant amount is due.
4 The cases where exemption from the first and second paragraphs may be granted by ministerial arrangement may be laid down.
1 An interpreter or translator shall be entered in the register if he satisfies one or more of the following requirements:
(a) he has one or more of the following attestations showing that he has passed the examination to conclude an interpreter or a translator as intended for the purpose of the examination; Law on higher education and scientific research :
1 °. a certificate showing that the right has been obtained to conduct the title of baccalaureus;
2 °. a certificate showing that the degree Bachelor has been granted; or
3 °. a certificate showing that the degree Master has been granted;
b. He may otherwise demonstrate compliance with the legal competencies.
2 Our Minister is able to designate independent experts who will be able to reduce language and culture tests that will enable interpreters and translators to demonstrate that they have the relevant legal competences.
3 An interpreter or translator on whom the transitional Article 37 of the Act the register shall be entered in the register.
1 At the request of an interpreter or translator, for the purpose of his security, certain particulars shall be taken from the register or from the list provided for: Article 2, third paragraph, of the Act , not made public.
2 In the case of ministerial arrangements, detailed rules may be laid down concerning the first paragraph.
1 At the time of registration in the register, an interpreter or translator shall be given at least the following information:
-the name,
-the first name or forenames,
-the contact details,
-the indication of whether the person concerned is an interpreter or a translator;
-the sex,
-the date of birth;
-nationality; and
-the source and target language, or the source and target languages.
2 If an interpreter or translator proves in writing of any other specific competence, such competence may be entered in the register at the request of his/her application.
The registration of a sworn interpreter or translator shall be renewed if written evidence has been provided:
a. that he has performed at least ten professional assignments as a sworn interpreter or translator; and
b. that he has maintained his professional competence through a training course designated by Our Minister.
A ministerial arrangement may specify the cases in which a tender may be renewed, although it is not fulfilled Article 11 .
Our Minister may provide training as intended Article 11 (b) , designating, if at least the following criteria are met:
a. The training is aimed at increasing the quality of professional and professional practice in the field of trade and the quality of service provided by the sworn interpreter or translator; and
b. Training is given by teachers with practical experience.
1 In the case of a request for the designation of an education, Article 11 (b) , at least the names of the teachers and their experience shall be provided and the study material shall be submitted.
2 Our Minister shall decide within two months of receipt of a request for appointment of an education.
1 The Complaints Commission, referred to in Article 16, second paragraph, of the Act , shall consist of at least three members and a maximum of eight members, including at least the Chairperson or Deputy Chairperson.
2 Members may be appointed as alternate members.
3 The Articles 3 and 4 shall apply mutatis mutandis to the Complaints Committee.
1 The President and the Deputy Chairman shall be a lawyer.
2 The members referred to in paragraph 1 shall not work as an interpreter or a translator, or work in an organisation of interpreters or translators, or in an undertaking which employs interpreters or translators, or is not employed by the Ministry of Justice.
1 The Complaints Committee handles a complaint against a sworn interpreter in a room, at least from the Chair or a Deputy Chair, a member who is not an interpreter or translator, and a member who is sworn interpreter.
2 The Complaints Commission handles a complaint against a sworn translator in a room, at least from the Chair or a Deputy Chair, a member who is not an interpreter or a translator, and a member who is sworn translator.
The Complaints Committee shall draw up a regulation governing its operation.
1 The Complaints Committee shall draw up an annual public report indicating at least the number and nature of the complaints it has dealt with.
2 The Complaints Commission shall send the report to our Minister for 1 April of the following calendar year.
The Articles 1 to 41 of the Act and this Decision shall enter into force with effect from 1 January 2009.
This decision is referred to as: Decision sworn interpreters and translators.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 11 December 2008
Beatrix
The Secretary of State for Justice,
N. Albayrak
Issued the 22nd of December 2008The Minister of Justice,
E. M. H. Hirsch Ballin