All codes assigned to: Convention On The Law Of The Non-Navigational Uses Of International Watercourses
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Titl.1 Convention On The Law Of The Non-Navigational Uses Of International Watercourses TITL TITL
Src.1 Source: Unofficial Text SRC SRC
Pre.1 THE PARTIES TO THE PRESENT CONVENTION, DESC DESC
Pre.2 CONSCIOUS of the importance of international watercourses and the non-navigational uses thereof in many regions of the world,
Pre.3 HAVING IN MIND Article 13, paragraph 1(a), of the Charter of the United Nations, which provides that the General Assembly shall initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification, RELA RELA
Pre.4 CONSIDERING that successful codification and progressive development of rules of international law regarding non-navigational uses of international watercourses would assist in promoting and implementing the purposes and principles set forth in Articles 1 and 2 of the Charter of the United Nations, RELA RELA
Pre.5 TAKING INTO ACCOUNT the problems affecting many international watercourses resulting from, among other things, increasing demands and pollution,
Pre.6 EXPRESSING THE CONVICTION that a framework convention will ensure the utilization, development, conservation, management and protection of international watercourses and the promotion of the optimal and sustainable utilization thereof for present and future generations,
Pre.7 AFFIRMING the importance of international cooperation and good-neighbourliness in this field,
Pre.8 AWAREi of the special situation and needs of developing countries,
Pre.9 RECALLING the principles and recommendations adopted by the United Nations Conference on Environment and Development of 1992 in the Rio Declaration and Agenda 21, RELA RELA
Pre.10 RECALLING ALSO the existing bilateral and multilateral agreements regarding the non-navigational uses of international watercourses,
Pre.11 MINDFUL of the valuable contribution of international organizations, both governmental and non-governmental, to the codification and progressive development of international law in this field,
Pre.12 APPRECIATIVE of the work carried out by the International Law Commission on the law of the non-navigational uses of international watercourses, RELA RELA
Pre.13 BEARING IN MIND United Nations General Assembly resolution 49/52 of 9 December 1994, RELA RELA
Pre.14 HAVE AGREED AS FOLLOWS:
Part.1 PART I
Art.1 Article 1 SCOP SCOP
Art.1.1 1. The present Convention applies to uses of international watercourses and of their waters for purposes other than navigation and to measures of protection, preservation and management related to the uses of those watercourses and their waters.
Art.1.2 2. The uses of international watercourses for navigation is not within the scope of the present Convention except insofar as other uses affect navigation or are affected by navigation.
Art.2 Article 2 DEFN DEFN
Art.2.1x For the purposes of the present Convention:
Art.2.1x.a (a) "Watercourse" means a system of surface waters and groundwaters constituting by virtue of their physical relationship a unitary whole and normally flowing into a common terminus;
Art.2.1x.b (b) "International watercourse" means a watercourse, parts of which are situated in different States;
Art.2.1x.c (c) "Watercourse State" means a State Party to the present Convention in whose territory part of an international watercourse is situated, or a Party that is a regional economic integration organization, in the territory of one or more of whose Member States part of an international watercourse is situated;
Art.2.1x.d (d) "Regional economic integration organization" means an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized in accordance with its internal procedures, to sign, ratify, accept, approve or accede to it.
Art.3 Article 3 SUBS SUBS
Art.3.1 1. In the absence of an agreement to the contrary, nothing in the present Convention shall affect the rights or obligations of a watercourse State arising from agreements in force for it on the date on which it became a party to the present Convention. SOVR SOVR
Art.3.2 2. Notwithstanding the provisions of paragraph 1, parties to agreements referred to in paragraph 1 may, where necessary, consider harmonizing such agreements with the basic principles of the present Convention.
Art.3.3 3. Watercourse States may enter into one or more agreements, hereinafter referred to as "watercourse agreements", which apply and adjust the provisions of the present Convention to the characteristics and uses of a particular international watercourse or part thereof.
Art.3.4 4. Where a watercourse agreement is concluded between two or more watercourse States, it shall define the waters to which it applies. Such an agreement may be entered into with respect to an entire international watercourse or any part thereof or a particular project, programme or use except insofar as the agreement adversely affects, to a significant extent, the use by one or more other watercourse States of the waters of the watercourse, without their express consent.
Art.3.5 5. Where a watercourse State considers that adjustment and application of the provisions of the present Convention is required because of the characteristics and uses of a particular international watercourse, watercourse States shall consult with a view to negotiating in good faith for the purpose of concluding a watercourse agreement or agreements.
Art.3.6 6. Where some but not all watercourse States to a particular international watercourse are parties to an agreement, nothing in such agreement shall affect the rights or obligations under the present Convention of watercourse States that are not parties to such an agreement. SOVR SOVR
Art.4.1 1. Every watercourse State is entitled to participate in the negotiation of and to become a party to any watercourse agreement that applies to the entire international watercourse, as well as to participate in any relevant consultations.
Art.4.2 2. A watercourse State whose use of an international watercourse may be affected to a significant extent by the implementation of a proposed watercourse agreement that applies only to a part of the watercourse or to a particular project, programme or use is entitled to participate in consultations on such an agreement and, where appropriate, in the negotiation thereof in good faith with a view to becoming a party thereto, to the extent that its use is thereby affected.
Part.2 PART II
Art.5.1 1. Watercourse States shall in their respective territories utilize an international watercourse in an equitable and reasonable manner. In particular, an international watercourse shall be used and developed by watercourse States with a view to attaining optimal and sustainable utilization thereof and benefits there from, taking into account the interests of the watercourse States concerned, consistent with adequate protection of the watercourse.
Art.5.2 2. Watercourse States shall participate in the use, development and protection of an international watercourse in an equitable and reasonable manner. Such participation includes both the right to utilize the watercourse and the duty to cooperate in the protection and development thereof, as provided in the present Convention.
Art.6 Article 6 SUBS CONS IMPL
Art.6.1 1. Utilization of an international watercourse in an equitable and reasonable manner within the meaning of Article 5 requires taking into account all relevant factors and circumstances, including:
Art.6.1.a (a) Geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character;
Art.6.1.b (b) The social and economic needs of the watercourse States concerned;
Art.6.1.c (c) The population dependent on the watercourse in each watercourse State;
Art.6.1.d (d) The effects of the use or uses of the watercourses in one watercourse State on other watercourse States;
Art.6.1.e (e) Existing and potential uses of the watercourse;
Art.6.1.f (f) Conservation, protection, development and economy of use of the water resources of the watercourse and the costs of measures taken to that effect;
Art.6.1.g (g) The availability of alternatives, of comparable value, to a particular planned or existing use.
Art.6.2 2. In the application of Article 5 or paragraph 1 of this Article, watercourse States concerned shall, when the need arises, enter into consultations in a spirit of cooperation.
Art.6.3 3. The weight to be given to each factor is to be determined by its importance in comparison with that of other relevant factors. In determining what is a reasonable and equitable use, all relevant factors are to be considered together and a conclusion reached on the basis of the whole.
Art.7 Article 7 SUBS FINPR SUBS IMPL
Art.7.1 1. Watercourse States shall, in utilizing an international watercourse in their territories, take all appropriate measures to prevent the causing of significant harm to other watercourse States.
Art.7.2 2. Where significant harm nevertheless is caused to another watercourse State, the States whose use causes such harm shall, in the absence of agreement to such use, take all appropriate measures, having due regard for the provisions of Articles 5 and 6, in consultation with the affected State, to eliminate or mitigate such harm and, where appropriate, to discuss the question of compensation.
Art.8 Article 8 SUBS IMPL
Art.8.1 1. Watercourse States shall cooperate on the basis of sovereign equality, territorial integrity, mutual benefit and good faith in order to attain optimal utilization and adequate protection of an international watercourse.
Art.8.2 2. In determining the manner of such cooperation, watercourse States may consider the establishment of joint mechanisms or commissions, as deemed necessary by them, to facilitate cooperation on relevant measures and procedures in the light of experience gained through cooperation in existing joint mechanisms and commissions in various regions.
Art.9 Article 9
Art.9.1 1. Pursuant to Article 8, watercourse States shall on a regular basis exchange readily available data and information on the condition of the watercourse, in particular that of a hydrological, meteorological, hydrogeological and ecological nature and related to the water quality as well as related forecasts. INFO SCIR INFO SCIR
Art.9.2 2. If a watercourse State is requested by another watercourse State to provide data or information that is not readily available, it shall employ its best efforts to comply with the request but may condition its compliance upon payment by the requesting State of the reasonable costs of collecting and, where appropriate, processing such data or information. INFO SCIR INFO SCIR
Art.9.3 3. Watercourse States shall employ their best efforts to collect and, where appropriate, to process data and information in a manner which facilitates its utilization by the other watercourse States to which it is communicated. INFO SCIR SCIR
Art.10 Article 10 SUBS SUBS
Art.10.1 1. In the absence of agreement or custom to the contrary, no use of an international watercourse enjoys inherent priority over other uses.
Art.10.2 2. In the event of a conflict between uses of an international watercourse, it shall be resolved with reference to Articles 5 to 7, with special regard being given to the requirements of vital human needs.
Part.3 PART III
Art.11 Article 11 CONS
Art.11.1x Watercourse States shall exchange information and consult each other and, if necessary, negotiate on the possible effects of planned measures on the condition of an international watercourse. INFO INFO
Art.12 Article 12
Art.12.1x Before a watercourse State implements or permits the implementation of planned measures which may have a significant adverse effect upon other watercourse States, it shall provide those States with timely notification thereof. Such notification shall be accompanied by available technical data and information, including the results of any environmental impact assessment, in order to enable the notified States to evaluate the possible effects of the planned measures. INFO SCIR INFO SCIR
Art.13 Article 13 SUBS IMPL
Art.13.1x Unless otherwise agreed:
Art.13.1x.a (a) A watercourse State providing a notification under Article 12 shall allow the notified States a period of six months within which to study and evaluate the possible effects of the planned measures and to communicate the findings to it;
Art.13.1x.b (b) This period shall, at the request of a notified State for which the evaluation of the planned measures poses special difficulty, be extended for a period of six months.
Art.14.1x During the period referred to in Article 13, the notifying State:
Art.14.1x.a (a) Shall cooperate with the notified States by providing them, on request, with any additional data and information that is available and necessary for an accurate evaluation; and INFO SCIR INFO
Art.14.1x.b (b) Shall not implement or permit the implementation of the planned measures without the consent of the notified States.
Art.15.1x The notified States shall communicate their findings to the notifying State as early as possible within the period applicable pursuant to Article 13. If a notified State finds that implementation of the planned measures would be inconsistent with the provisions of Articles 5 or 7, it shall attach to its finding a documented explanation setting forth the reasons for the finding. INFO INFO
Art.16 Article 16 SUBS FINPR IMPL
Art.16.1 1. If, within the period applicable pursuant to Article 13, the notifying State receives no communication under Article 15, it may, subject to its obligations under Articles 5 and 7, proceed with the implementation of the planned measures, in accordance with the notification and any other data and information provided to the notified States.
Art.16.2 2. Any claim to compensation by a notified State which has failed to reply within the period applicable pursuant to Article 13 may be offset by the costs incurred by the notifying State for action undertaken after the expiration of the time for a reply which would not have been undertaken if the notified State had objected within that period.
Art.17 Article 17 SUBS DISP
Art.17.1 1. If a communication is made under Article 15 that implementation of the planned measures would be inconsistent with the provisions of Articles 5 or 7, the notifying State and the State making the communication shall enter into consultations and, if necessary, negotiations with a view to arriving at an equitable resolution of the situation.
Art.17.2 2. The consultations and negotiations shall be conducted on the basis that each State must in good faith pay reasonable regard to the rights and legitimate interests of the other State.
Art.17.3 3. During the course of the consultations and negotiations, the notifying State shall, if so requested by the notified State at the time it makes the communication, refrain from implementing or permitting the implementation of the planned measures for a period of six months unless otherwise agreed.
Art.18.1 1. If a watercourse State has reasonable grounds to believe that another watercourse State is planning measures that may have a significant adverse effect upon it, the former State may request the latter to apply the provisions of Article 12. The request shall be accompanied by a documented explanation setting forth its grounds. INFO INFO
Art.18.2 2. In the event that the State planning the measures nevertheless finds that it is not under an obligation to provide a notification under Article 12, it shall so inform the other State, providing a documented explanation setting forth the reasons for such finding. If this finding does not satisfy the other State, the two States shall, at the request of that other State, promptly enter into consultations and negotiations in the manner indicated in paragraphs 1 and 2 of Article 17. INFO INFO
Art.18.3 3. During the course of the consultations and negotiations, the State planning the measures shall, if so requested by the other State at the time it requests the initiation of consultations and negotiations, refrain from implementing or permitting the implementation of those measures for a period of six months unless otherwise agreed.
Art.19.1 1. In the event that the implementation of planned measures is of the utmost urgency in order to protect public health, public safety or other equally important interests, the State planning the measures may, subject to Articles 5 and 7, immediately proceed to implementation, notwithstanding the provisions of Article 14 and paragraph 3 of Article 17.
Art.19.2 2. In such case, a formal declaration of the urgency of the measures shall be communicated without delay to the other watercourse States referred to in Article 12 together with the relevant data and information. INFO INFO
Art.19.3 3. The State planning the measures shall, at the request of any of the States referred to in paragraph 2, promptly enter into consultations and negotiations with it in the manner indicated in paragraphs 1 and 2 of Article 17.
Part.4 PART IV
Art.20.1x Watercourse States shall, individually and, where appropriate, jointly, protect and preserve the ecosystems of international watercourses.
Art.21 Article 21 DEFN SUBS SUBS DEFN
Art.21.1 1. For the purpose of this Article, "pollution of an international watercourse" means any detrimental alteration in the composition or quality of the waters of an international watercourse which results directly or indirectly from human conduct.
Art.21.2 2. Watercourse States shall, individually and, where appropriate, jointly, prevent, reduce and control the pollution of an international watercourse that may cause significant harm to other watercourse States or to their environment, including harm to human health or safety, to the use of the waters for any beneficial purpose or to the living resources of the watercourse. Watercourse States shall take steps to harmonize their policies in this connection.
Art.21.3 3. Watercourse States shall, at the request of any of them, consult with a view to arriving at mutually agreeable measures and methods to prevent, reduce and control pollution of an international watercourse, such as:
Art.21.3.a (a) Setting joint water quality objectives and criteria;
Art.21.3.b (b) Establishing techniques and practices to address pollution from point and non-point sources; SCIR SCIR
Art.21.3.c (c) Establishing lists of substances the introduction of which into the waters of an international watercourse is to be prohibited, limited, investigated or monitored.
Art.22.1x Watercourse States shall take all measures necessary to prevent the introduction of species, alien or new, into an international watercourse which may have effects detrimental to the ecosystem of the watercourse resulting in significant harm to other watercourse States.
Art.23.1x Watercourse States shall, individually and, where appropriate, in cooperation with other States, take all measures with respect to an international watercourse that are necessary to protect and preserve the marine environment, including estuaries, taking into account generally accepted international rules and standards.
Art.24 Article 24 SUBS DEFN CONS DEFN
Art.24.1 1. Watercourse States shall, at the request of any of them, enter into consultations concerning the management of an international watercourse, which may include the establishment of a joint management mechanism.
Art.24.2 2. For the purposes of this Article, "management" refers, in particular, to:
Art.24.2.a (a) Planning the sustainable development of an international watercourse and providing for the implementation of any plans adopted; and
Art.24.2.b (b) Otherwise promoting the rational and optimal utilization, protection and control of the watercourse.
Art.25 Article 25 SUBS DEFN IMPL DEFN
Art.25.1 1. Watercourse States shall cooperate, where appropriate, to respond to needs or opportunities for regulation of the flow of the waters of an international watercourse.
Art.25.2 2. Unless otherwise agreed, watercourse States shall participate on an equitable basis in the construction and maintenance or defrayal of the costs of such regulation works as they may have agreed to undertake.
Art.25.3 3. For the purposes of this Article, "regulation" means the use of hydraulic works or any other continuing measure to alter, vary or otherwise control the flow of the waters of an international watercourse.
Art.26.1 1. Watercourse States shall, within their respective territories, employ their best efforts to maintain and protect installations, facilities and other works related to an international watercourse.
Art.26.2 2. Watercourse States shall, at the request of any of them which has reasonable grounds to believe that it may suffer significant adverse effects, enter into consultations with regard to:
Art.26.2.a (a) The safe operation and maintenance of installations, facilities or other works related to an international watercourse; and
Art.26.2.b (b) The protection of installations, facilities or other works from wilful or negligent acts or the forces of nature.
Part.5 PART V
Art.27.1x Watercourse States shall, individually and, where appropriate, jointly, take all appropriate measures to prevent or mitigate conditions related to an international watercourse that may be harmful to other watercourse States, whether resulting from natural causes or human conduct, such as flood or ice conditions, water-borne diseases, siltation, erosion, salt-water intrusion, drought or desertification.
Art.28 Article 28 DEFN SUBS IMPL DEFN
Art.28.1 1. For the purposes of this Article, "emergency" means a situation that causes, or poses an imminent threat of causing, serious harm to watercourse States or other States and that results suddenly from natural causes, such as floods, the breaking up of ice, landslides or earthquakes, or from human conduct, such as industrial accidents.
Art.28.2 2. A watercourse State shall, without delay and by the most expeditious means available, notify other potentially affected States and competent international organizations of any emergency originating within its territory. INFO INFO
Art.28.3 3. A watercourse State within whose territory an emergency originates shall, in cooperation with potentially affected States and, where appropriate, competent international organizations, immediately take all practicable measures necessitated by the circumstances to prevent, mitigate and eliminate harmful effects of the emergency.
Art.28.4 4. When necessary, watercourse States shall jointly develop contingency plans for responding to emergencies, in cooperation, where appropriate, with other potentially affected States and competent international organizations.
Part.6 PART VI
Art.29.1x International watercourses and related installations, facilities and other works shall enjoy the protection accorded by the principles and rules of international law applicable in international and non-international armed conflict and shall not be used in violation of those principles and rules.
Art.30.1x In cases where there are serious obstacles to direct contacts between watercourse States, the States concerned shall fulfil their obligations of cooperation provided for in the present Convention, including exchange of data and information, notification, communication, consultations and negotiations, through any indirect procedure accepted by them. INFO SCIR INFO
Art.31.1x Nothing in the present Convention obliges a watercourse State to provide data or information vital to its national defence or security. Nevertheless, that State shall cooperate in good faith with the other watercourse States with a view to providing as much information as possible under the circumstances. SOVR SCIR INFO SOVR INFO
Art.32.1x Unless the watercourse States concerned have agreed otherwise for the protection of the interests of persons, natural or juridical, who have suffered or are under a serious threat of suffering significant transboundary harm as a result of activities related to an international watercourse, a watercourse State shall not discriminate on the basis of nationality or residence or place where the injury occurred, in granting to such persons, in accordance with its legal system, access to judicial or other procedures, or a right to claim compensation or other relief in respect of significant harm caused by such activities carried on in its territory.
Art.33 Article 33 DISP SBS SBF FINAD DISP SBS SBF FINAD
Art.33.1 1. In the event of a dispute between two or more Parties concerning the interpretation or application of the present Convention, the Parties concerned shall, in the absence of an applicable agreement between them, seek a settlement of the dispute by peaceful means in accordance with the following provisions.
Art.33.2 2. If the Parties concerned cannot reach agreement by negotiation requested by one of them, they may jointly seek the good offices of, or request mediation or conciliation by, a third party, or make use, as appropriate, of any joint watercourse institutions that may have been established by them or agree to submit the dispute to arbitration or to the International Court of Justice. RELA RELA
Art.33.3 3. Subject to the operation of paragraph 10, if after six months from the time of the request for negotiations referred to in paragraph 2, the Parties concerned have not been able to settle their dispute through negotiation or any other means referred to in paragraph 2, the dispute shall be submitted, at the request of any of the parties to the dispute, to impartial fact-finding in accordance with paragraphs 4 to 9, unless the Parties otherwise agree.
Art.33.4 4. A Fact-finding Commission shall be established, composed of one member nominated by each Party concerned and in addition a member not having the nationality of any of the Parties concerned chosen by the nominated members who shall serve as Chairman.
Art.33.5 5. If the members nominated by the Parties are unable to agree on a Chairman within three months of the request for the establishment of the Commission, any Party concerned may request the Secretary-General of the United Nations to appoint the Chairman who shall not have the nationality of any of the parties to the dispute or of any riparian State of the watercourse concerned. If one of the Parties fails to nominate a member within three months of the initial request pursuant to paragraph 3, any other Party concerned may request the Secretary-General of the United Nations to appoint a person who shall not have the nationality of any of the parties to the dispute or of any riparian State of the watercourse concerned. The person so appointed shall constitute a single-member Commission. RELA RELA
Art.33.6 6. The Commission shall determine its own procedure. RELA
Art.33.7 7. The Parties concerned have the obligation to provide the Commission with such information as it may require and, on request, to permit the Commission to have access to their respective territory and to inspect any facilities, plant, equipment, construction or natural feature relevant for the purpose of its inquiry. RELA INFO
Art.33.8 8. The Commission shall adopt its report by a majority vote, unless it is a single-member Commission, and shall submit that report to the Parties concerned setting forth its findings and the reasons therefore and such recommendations as it deems appropriate for an equitable solution of the dispute, which the Parties concerned shall consider in good faith. RELA
Art.33.9 9. The expenses of the Commission shall be borne equally by the Parties concerned. RELA
Art.33.10 10. When ratifying, accepting, approving or acceding to the present Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute not resolved in accordance with paragraph 2, it recognizes as compulsory ipso facto and without special agreement in relation to any Party accepting the same obligation:
Art.33.10.a (a) Submission of the dispute to the International Court of Justice; and/or RELA RELA
Art.33.10.b (b) Arbitration by an arbitral tribunal established and operating, unless the parties to the dispute otherwise agreed, in accordance with the procedure laid down in the Annex to the present Convention. ATTACH ATTACH
Art.33 A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with subparagraph (b).
Part.7 PART VII
Art.34 Article 34 MEMB MEMB
Art.34.1x The present Convention shall be open for signature by all States and by regional economic integration organizations from 21 May 1997 until 20 May 2000 at United Nations Headquarters in New York. RELA
Art.35 Article 35 MEMB DEPO MEMB DEPO
Art.35.1 1. The present Convention is subject to ratification, acceptance, approval or accession by States and by regional economic integration organizations. The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations. RELA RELA
Art.35.2 2. Any regional economic integration organization which becomes a Party to this Convention without any of its member States being a Party shall be bound by all the obligations under the Convention. In the case of such organizations, one or more of whose member States is a Party to this Convention, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under the Convention. In such cases, the organization and the member States shall not be entitled to exercise rights under the Convention concurrently.
Art.35.3 3. In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by the Convention. These organizations shall also inform the Secretary-General of the United Nations of any substantial modification in the extent of their competence. RELA RELA
Art.36 Article 36 EIF EIF DEPO
Art.36.1 1. The present Convention shall enter into force on the ninetieth day following the date of deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations. RELA RELA
Art.36.2 2. For each State or regional economic integration organization that ratifies, accepts or approves the Convention or accedes thereto after the deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession.
Art.36.3 3. For the purposes of paragraphs 1 and 2, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States.
Art.37 Article 37 TEXT DEPO TEXT DEPO
Art.37.1x The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. RELA RELA
Conc.1 IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized thereto, have signed this Convention. CONC CONC
Conc.2 DONE at New York, this 21st day of May one thousand nine hundred and ninety-seven.
Conc.3 [Signatures not reproduced here.]