Verdrag inzake de sluikhandel over zee, ter uitvoering van artikel 17 van het Verdrag van de Verenigde Naties tegen de sluikhandel in verdovende middelen en psychotrope stoffen
Partijen en gegevens
Geldend
Geldend vanaf 01-05-2000
- Redactionele toelichting
De partijen en gegevens zijn afkomstig van de Verdragenbank (verdragenbank.overheid.nl).
- Bronpublicatie:
31-01-1995, Trb. 2010, 239 (uitgifte: 27-09-2010, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-05-2000
- Bronpublicatie inwerkingtreding:
25-05-2010, Trb. 2010, 165 (uitgifte: 25-05-2010, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Algemeen
Vervoersrecht / Zeevervoer
Bronnen
Trb. 2010, 165
Trb. 2010, 239
Trb. 2013, 54
Trb. 2016, 126
Partijen
Partij | Datum inwerkingtreding | Voorbehoud |
---|---|---|
Cyprus | 01-05-2000 | |
Duitsland | 01-05-2000 | |
Hongarije | 01-11-2002 | |
Ierland | 01-09-2007 | |
Kroatië | 01-01-2022 | |
Letland | 01-04-2004 | |
Litouwen | 01-03-2003 | |
het Koninkrijk der Nederlanden (het Europese en het Caribische deel van Nederland) | 01-07-2013 | |
Noorwegen | 01-05-2000 | |
Oekraïne | 01-10-2007 | |
Oostenrijk | 01-04-2001 | |
Roemenië | 01-12-2002 | |
Slovenië | 01-03-2001 | |
Slowakije | 01-01-2003 | |
Tsjechië | 01-05-2005 | |
Turkije | 01-06-2013 |
Voorbehouden, verklaringen en bezwaren
1 | Ratificatie door Cyprus onder de volgende verklaring: In accordance with Article 8, paragraph 2, of the Agreement, the Republic of Cyprus declares that when acting as an intervening State it may subject its intervention to the condition that persons having its nationality who are surrendered to the flag State under Article 15 and there convicted of a relevant offence, shall have the possibility to be transferred back to the Republic to serve the sentence imposed. In accordance with Article 19, paragraph 3, of the Agreement, the Republic of Cyprus reserves the right to require that requests, other communications and supporting documents sent to it be made in or accompanied by a translation into the English language which is one of the official languages of the Council of Europe. In accordance with Article 17, paragraph 1, of the Agreement, the designated authority in the Republic of Cyprus is the Drug Law Enforcement Unit at the Police Headquarters. Postal Address: Police Headquarters - Nicosia Tel. No. 357 2 808 204 / 357 2 808 258 Fax No.: 357 2 316 878 / 357 2 311 423. In accordance with Article 17, paragraph 2, of the Agreement, the designated central authority in the Republic of Cyprus is the Ministry of Justice and Public Order. Postal Address: Postal Address: Athalassa Ave 125 Nicosia 1461 Cyprus Tel. No. 00 357 2 80 59 28 / 80 59 11 Fax No. 00 357 2 51 83 28 / 51 83 49. . |
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2 | Ondertekening door Duitsland onder de volgende verklaring: The Federal Republic of Germany designates the Federal Criminal Police Office (Bundeskriminalamt) as the responsible authority in Germany pursuant to Article 17, paragraph 1, of the Agreement. The Federal Republic of Germany understands Articles 23 and 24 of the Agreement as meaning that data provided by a member State will be processed and used only for the purpose for which they have been transmitted. . |
3 | Ratificatie door Hongarije onder de volgende verklaring: In accordance with Article 3, paragraph 6, of the Agreement, the Republic of Hungary declares that it will not apply Article 3, paragraphs 2 and 3. In accordance with Article 19, paragraph 3, of the Agreement, the Republic of Hungary declares that if requests, other communications or supporting documents sent to it are not made in Hungarian or in one of the official languages of the Council of Europe, they shall be accompanied by a translation into either Hungarian, English or French. In accordance with Article 17, paragraph 1, of the Agreement, the Republic of Hungary designates as competent authority the Hungarian National Police Headquarters, International Law Enforcement Co-operation Centre. In accordance with Article 17, paragraph 2, of the Agreement, the Republic of Hungary designates the Office of the Prosecutor General as central authority. . |
4 | Ondertekening door Ierland onder de volgende verklaring: The Government of Ireland, in accordance with Article 19, paragraph 3, of the Agreement, hereby declares that Ireland reserves the right to require that requests, other communications and supporting documents sent to it be made in, or accompanied by a translation into, Irish or English. The Government of Ireland, in accordance with Article 34, paragraph 5, of the Agreement, hereby declares that it does not consider itself bound by Article 34, paragraph 4, of the Agreement. . |
5 | Ratificatie door Letland onder de volgende verklaring: Pursuant to Article 19, paragraph 3, of the Agreement, the Republic of Latvia reserves its right to require that the requests, other communications and supporting documents sent to it, be made in or accompanied by a translation into Latvian or English. Pursuant to Article 17, paragraph 3, of the Agreement, the Republic of Latvia declares that:
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6 | Ratificatie door Litouwen onder de volgende verklaring: In accordance with Article 8, paragraph 2 of the Agreement, the Republic of Lithuania declares that, when acting as an intervening State, it will subject its intervention to the condition that persons having its nationality, who are surrendered to the flag State under Article 15 of the Agreement and there convicted of a relevant offence, shall have the possibility to be transferred to the intervening State to serve the sentence imposed. In accordance with Article 17, paragraph 1 of the Agreement, the Republic of Lithuania declares that the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania shall be the authority, which shall be responsible for sending and answering request under Articles 6 and 7 of the Agreement: State Border Guard Service Ministry of the Interior of the Republic of Lithuania Savanoriu ave. 2 Vilnius LT-2009 Lithuania Phone (+370 5) 271 93 05 Fax (+370 5) 222 63 96 In accordance with Article 17, paragraph 2 of the Agreement, the Republic of Lithuania declares that the Office of the Prosecutor General of the Republic of Lithuania shall be the central authority, which shall be responsible for the notification of the exercise of preferential jurisdiction under Article 14 of the Agreement and for all other communications and notifications under this Agreement: Office of the Prosecutor General of the Republic of Lithuania Smetonos St. 4 Vilnius LT-2009 Lithuania Phone (+370 5) 266 24 03 Fax (+370 5) 266 23 17 In accordance with Article 19, paragraph 3 of the Agreement, the Republic of Lithuania declares that it shall reserve the right to require that requests, other communications and supporting documents sent to it be made in, or accompanied by a translation into the Lithuanian language or into one of the official languages of the Council of Europe or into such one of these languages as it shall indicate. In accordance with Article 34 paragraph 5 of the Agreement, the Republic of Lithuania declares that it shall not consider itself bound by paragraph 4 of Article 34 of the Agreement. . |
7 | Ratificatie door Noorwegen onder de volgende verklaring: In accordance with Article 17, paragraphs 1 and 2, of the Agreement, the competent authority in Norway will be The District Attorney's office in Oslo: Postal address: Postboks 8021 Dep. - N- 0030 OSLO - Norway Telephone and telefax numbers: Police criminal central (KRIPOS) open 24 hours a day for emergency notices: Phone number: + 47 22 07 77 00; Fax number: + 47 22 07 79 00. Office of the District Attorney in Oslo: Phone number: + 47 22 98 13 00; Fax number: + 47 22 98 13 31. |
8 | Ratificatie door Oekraïne onder de volgende verklaring: In accordance with Article 8, paragraph 2, of the Agreement, Ukraine declares that, when acting as an intervening State, it shall accomplish that sort of intervention under the stipulation that persons who are its citizens and were surrendered to the flag State under Article 15 of the Agreement and there convicted of a relevant offence, shall have the possibility to be transferred back to Ukraine to serve the sentence imposed. In accordance with Article 34, paragraph 3, of the Agreement, Ukraine declares that in respect of any dispute concerning the interpretation or application of this Agreement, it shall recognize the submission of the dispute to arbitration in accordance with the procedure set out in the Appendix to this Agreement as compulsory, without prior agreement, and subject to reciprocity. In accordance with Article 19, paragraph 3, of the Agreement, Ukraine declares that it shall reserve the right to require that requests, other communications and supporting documents sent to it be made in or accompanied by a translation into Ukrainian or into one of the official languages of the Council of Europe. In accordance with Article 34, paragraph 5, of the Agreement, Ukraine declares that it shall not undertake to implement the provisions of Article 34, paragraph 4, of the Agreement. In accordance with Article 17, paragraph 3, of the Agreement, Ukraine declares that:
. Oekraïne heeft op 16-10-2015 de volgende verklaring afgelegd: In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law. The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol. In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed. Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation. The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv. Oekraïne heeft op 19-04-2022 de volgende verklaring afgelegd: The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine. Oekraïne heeft op 07-12-2023 de volgende verklaring afgelegd: […] Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further clarif[ies] that international treaties mentioned therein are implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the relevant treaties as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine. The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is located at the link below: |
9 | Ratificatie door Oostenrijk onder de volgende verklaring: The Republic of Austria declares that it will not apply paragraphs 2 and 3 of Article 3 for the reason provided for in Article 3, paragraph 6. In accordance with Article 17 of the Agreement, the Republic of Austria designates as the competent authority the Federal Ministry for Transport, Innovation and Technology, Radetzkystrasse 2, A-1030 Vienna, Tel.: +431 / 71162 / 5700, Fax: +431 / 71162 / 5799. . |
10 | Ratificatie door Roemenië onder de volgende verklaring: In accordance with Article 8, paragraph 2, Romania declares that, when acting as an intervening State, it shall be able to subordinate its intervention to the fulfillment of the condition that persons of Romanian nationality who are surrendered to the flag State under Article 15 and are convicted for a relevant offence have the possibility to be transferred in Romania, in order to serve the sentence imposed. In accordance with Article 19, paragraph 3, Romania reserves its right to require that all the requests, other communications and supporting documents sent to it, be made in or translated into Romanian or English Romania understands the provisions of Article 23 and Article 24 of the Agreement as establishing for the State to which data are transmitted the obligation to use such data only for the purpose for which they have been transmitted. In accordance with Article 17, paragraph 1, Romania designates as the competent authority : the General Inspectorate of the Border Police (Str. Razoare nr. 2-4, sector 6, Bucuresti, Romania). In accordance with Article 17, paragraph 2, Romania designates as the competent authority : the General Prosecutor's Office to the Supreme Court of Justice (Bd. Libertatii nr. 14, sector 5, Bucuresti, Romania). . |
11 | Ratificatie door Slovenië onder de volgende verklaring: In accordance with Article 17, paragraph 1, of the Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the competent authority in the Republic of Slovenia is the General Police Directorate: Postal Address: Stefanova 2, SI - 1000 Ljubljana Telephone number: + 386 1 472 42 69 Telefax number:+ 386 1 472 49 12 Operative and Communications Centre at the General Police Directorate - open 24 hours a day for emergency notices: Telephone number: + 386 1 230 20 28 Telefax number: + 386 1 426 11 41 In accordance with Article 17, paragraph 2, of the Agreement, the central authority in the Republic of Slovenia is the Ministry of Justice: Postal Address: Zupanciceva 3; SI - 1000 Ljubljana Telephone number: + 386 1 478 52 11 Telefax number: + 386 1 251 02 00 . |
12 | Ratificatie door Slowakije onder de volgende verklaring: Pursuant to the provision of Article 34, paragraph 3, of the Agreement, the Slovak Republic declares that, in respect of any dispute concerning the interpretation or application of this Agreement, it recognises as compulsory, without prior agreement, and subject to reciprocity, the submission of the dispute to arbitration in accordance with the procedure set out in the Appendix to this Agreement. With reference to the provisions of Article 31, paragraph 1, of the Agreement, the Slovak Republic declares that it shall not apply Article 3, paragraphs 2 and 3. With reference to the provisions of Article 31, paragraph 1, of the Agreement, the Slovak Republic declares that it shall not apply Article 3, paragraphs 2 and 3. . |
13 | Ratificatie door Tsjechië onder de volgende verklaring: In compliance with Article 8, paragraph 2, of the Agreement, the Czech Republic declares that when acting as an intervening State, it may subject its intervention to the condition that persons having its nationality who are surrendered to the flag State under Article 15 and there convicted of a relevant offence, shall have the possibility to be transferred to the Czech Republic to serve the sentence imposed. The Czech Republic declares that for the reason referred to in Article 3, paragraph 6, of the Agreement, it shall not apply paragraphs 2 and 3 of this article. Pursuant to Article 19, paragraph 3, of the Agreement, the Czech Republic reserves the right to require that the requests, other communications and supporting documents sent to it, be made in the Czech language or in the English language or that they be accompanied into one of these two languages. Pursuant to Article 17, paragraph 3, of the Agreement, the Czech Republic declares that the authority competent for drawing and responding to requests under Articles 6 and 7 of the Agreement shall be: Policie Ceské republiky, národní protidrogová centrála sluzby kriminální policie a vysetrování (Czech Republic Police National Drug Headquarters of the Criminal Police and Investigation Service) Policejní prezidium Ceské republiky (Czech Republic Police Presidium) POB 62/NPC 17089 Praha 7 Tel. + 420 974836532 + 420 974836514 Cell phone: + 420 603191373 Fax: + 420 974836519 e-mail: npdc@mvcr.cz The Czech Republic communicates, pursuant to Article 17, paragraph 3, of the Agreement, that the authority competent for the notification of the exercise of preferential jurisdiction, under Article 14 of the Agreement, and for all other notifications or communications under the Agreement shall be: Ministerstvo spravedlnosti Ceské republiky mezinárodní odbor oddelení mezinárodních smluv a právní pomoci trestní (Ministry of Justice of the Czech Republic) Vysehradrská 16 12810 Praha 2 Tel. + 420 221997925 Fax: + 420 221997919 e-mail: om@msp.justice.cz . |
14 | Ratificatie door het Koninkrijk der Nederlanden onder de volgende verklaring: In accordance with article 19, paragraph 3, of the Agreement, the Kingdom of the Netherlands declares that any requests, other communications and supporting documents sent to the European part of the Netherlands, must be made in Dutch, English, French or German or be accompanied by a translation into one of those languages, and that any requests, other communications and supporting documents sent to the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba) must be made in Dutch, English or Spanish or be accompanied by a translation into one of those languages. In accordance with article 8, paragraph 2, of the Agreement, the Kingdom of the Netherlands declares, with respect to the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), that when acting as an intervening State, the Netherlands will subject its intervention to the condition that persons having Dutch nationality who are surrendered to the flag State and there convicted of a relevant offence, will be transferred to the Netherlands after conviction to serve the sentence imposed. In accordance with article 17, paragraph 3, of the Agreement, the Kingdom of the Netherlands designates the following authorities for the execution of articles 6 and 7 of the Agreement: For the European part of the Netherlands: The public prosecutor (officier van justitie) at the National Public Prosecutors' Office (Landelijk Parket van het Openbaar Ministerie) Landelijk Parket Openbaar Ministerie Postbus 395 3000 AJ Rotterdam The Netherlands For the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba): Bonaire, St Eustatius and Saba Public Prosecution Service, office at the Court of First Instance (Openbaar Ministerie BES – parket in eerste aanleg) Postbus 214 Bonaire Caribbean Netherlands In accordance with article 17, paragraph 3, of the Agreement, with respect to the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), the Kingdom of the Netherlands designates the following central authority for the execution of article 14 of the Agreement: International Legal Assistance (Criminal Matters) Division (Afdeling Internationale Rechtshulp in Strafzaken) Ministry of Security and Justice Postbus 20301 2500 EH ’s-Gravenhage The Netherlands In accordance with article 34, paragraph 3, of the Agreement, with respect to the European part of the Netherlands and the Caribbean part of the Netherlands, the Kingdom of the Netherlands declares that in any dispute it considers itself bound by the procedure described in the Appendix to this Agreement. Het Koninkrijk der Nederlanden heeft op 31-03-2016 de volgende autoriteit aangewezen: Up-dating competent authorities (Articles 14 and 17): Ministry of Security and Justice International Affairs and Mutual Legal Assistance in Criminal Matters Postbox 20301 2500 EH The Hague The Netherlands Tel: + 31 70 370 7314 Fax: + 31 70 370 7945 E-mail: airs@minvenj.nl Inwerkingtreding voor Curaçao vanaf 01-12-2016. Het Koninkrijk der Nederlanden heeft op 04-08-2016 de volgende verklaring afgelegd: Reservation: In accordance with Article 19, paragraph 3, of the Agreement, the Kingdom of the Netherlands declares that any requests, other communications and supporting documents sent to Curaçao, must be made in Dutch, English or Spanish or be accompanied by a translation into one of those languages. Declarations: In accordance with Article 29 of the Agreement, the Kingdom of the Netherlands accepts the Agreement for Curaçao. In accordance with Article 8, paragraph 2, of the Agreement, the Kingdom of the Netherlands declares, with respect to Curaçao, that when acting as an intervening State, the Kingdom of the Netherlands will subject its intervention to the condition that persons having Dutch nationality who are surrendered to the flag State and there convicted of a relevant offence, will be transferred to Curaçao after conviction to serve the sentence imposed. In accordance with Article 17, paragraph 3, of the Agreement, the Kingdom of the Netherlands designates the following authorities for the execution of Articles 6 and 7 of the Agreement: For Curaçao: Parket in Eerste Aanleg, Curaçao (Office at the Court of First Instance, Curaçao) Hendrikplein z/n Willemstad, Curaçao Telephone: +5999 4342100 Fax: +5999 4611888 Email: parket.curacao@OMCarib.org In accordance with Article 17, paragraph 3, of the Agreement, with respect to Curaçao, the Kingdom of the Netherlands designates the following central authority for the execution of Article 14 of the Agreement: Ministry of Justice Wilhelminaplein z/n Willemstad, Curaçao In accordance with Article 34, paragraph 3, of the Agreement, with respect to Curaçao, the Kingdom of the Netherlands declares that in any dispute it considers itself bound by the procedure described in the Appendix to this Agreement. |
15 | Ratificatie door Turkije onder de volgende verklaring: In accordance with Article 8, paragraph 2, of the Agreement, the Republic of Turkey declares that when acting as an intervening State, it may subject its intervention to the condition that persons having its nationality who are surrendered to the flag State under Article 15 of the Agreement and are convicted of a relevant offence, shall have the possibility to be transferred to the Republic of Turkey to serve the sentence imposed. In accordance with Article 17, paragraphs 1 and 2, of the Agreement, the Republic of Turkey declares that the relevant authorities in Turkey are the Coast Guard Command of the Ministry of Interior and the Ministry of Justice respectively. In accordance with Article 19, paragraph 3, of the Agreement, the Republic of Turkey reserves the right to require that requests, other communications and supporting documents sent to it, be made in or accompanied by a translation into Turkish, English or French. In accordance with Article 34, paragraph 5, of the Agreement, the Republic of Turkey declares that it shall not consider itself bound by paragraph 4 of Article 34 of the Agreement. |
16 | Tsjechië heeft op 07-02-2014 de volgende verklaring afgelegd: Supreme Public Prosecutor's Office (Nejvyssi státní zastupitelství) Jezuitská 4 660 55 Brno Czech Republic |
17 | Ratificatie door Kroatië onder de volgende verklaring: The Republic of Croatia understands the provision of Article 6 of the Agreement in such a way that the flag State will evaluate and approve individually each action from the received request by which the intervening States requests authorisation to stop and board the vessel in waters beyond the territorial sea of any Party and to take some or all of the other actions specified in the Agreement. In accordance with Article 8, paragraph 2, of the Agreement, the Republic of Croatia declares that, when acting as an intervening State, it subjects its intervention to the condition that persons having its nationality, who are surrendered to the flag State under Article 15 and there convicted of a relevant offence, shall have the possibility to be transferred to the intervening State to serve the sentence imposed. In accordance with Article 17, paragraph 1, of the Agreement, the Republic of Croatia designates the Ministry of the Interior of the Republic of Croatia, the General Police Directorate as the authority responsible for sending and answering requests under Articles 6 and 7 of the Agreement. In accordance with Article 17, paragraph 2, of the Agreement, the Republic of Croatia designates the Ministry of Justice and Administration of the Republic of Croatia as the central authority responsible for the notifications on the exercise of preferential jurisdiction under Article 14 of the Agreement and for all other communications or notifications under the Agreement. The Republic of Croatia understands the provisions of Article 23 and 24 in such a way that the data exchanged between States Parties under the Agreement may be used solely for the purpose for which it was provided. In accordance with Article 19, paragraph 3, of the Agreement, the Republic of Croatia reserves the right that requests, other communications and supporting documents sent to it under the Agreement, be made in or accompanied by a translation into Croatian or English language. |