prop · GP03157 · 2002-03-14 00:00:00 — 3.The observed Party shall have the right to prohibit the use of a parti- cular sensor during a deviation that brings the observation aircraft below the minimum height above ground level for operating that particular sen- sor, in accordance with the limitation on ground resolution specified in Article IV, paragraph 2. In the event that a deviation requires the obser- vation aircraft to alter its flight path by more than 50 kilometres from the flight path specified in the flight plan, the observed Party shall have the right to prohibit the use of all the sensors installed on the observation aircraft beyond that 50-kilometre limit. 4.The observing Party shall have the right to curtail an observation flight during its execution in the event of sensor malfunction. The pilot- in-command shall have the right to curtail an observation flight in the event of technical difficulties affecting the safety of the observation airc- raft. 5.In the event that a deviation from the flight plan permitted by para- graph 1 of this Section results in curtailment of the observation flight, or a curtailment occurs in accordance with paragraph 4 of this Section, an observation flight shall be counted against the quotas of both States Par- ties, unless the curtailment is due to: (A)sensor malfunction on an observation aircraft provided by the observed Party; (B)technical difficulties relating to the observation aircraft provided by the observed Party; (C)a emergency of a member of the flight crew of the ob- served Party or of flight monitors; or (D)air traffic control instructions related to circumstances brought about by force majeure. In such cases the observing Party shall have the right to decide whether to count it against the quotas of both States Parties. 6.The data collected by the sensors shall be retained by the observing Party only if the observation flight is counted against the quotas of both States Parties. 7.In the event that a deviation is made from the flight plan, the pilot- in-command shall take action in accordance with the published national flight regulations of the observed Party. Once the factors leading to the deviation have ceased to exist, the observation aircraft may, with the permission of the air traffic control authorities, continue the observation flight in accordance with the flight plan. The additional flight distance of the observation aircraft due to the deviation shall not count against the maximum flight distance. 8.Personnel of both States Parties on board the observation aircraft shall be immediately informed of all deviations from the flight plan. 9.Additional expenses resulting from provisions of this Article shall be reimbursed in accordance with , Section I, paragraph 9 to this Treaty. 1.In the event that an emergency situation arises, the pilot-in- command shall be guided by "Procedures for of the Air and ", Document No. 4444- RAC/501/12, as revised or amended, the national flight regulations of the observed Party, and the flight operation manual of the observation airc- raft. 2.Each observation aircraft declaring an emergency shall be accorded the full range of distress and navigational facilities of the observed Party in order to ensure the most expeditious recovery of the aircraft to the nea- rest suitable airfield. 3.In the event of an accident involving the observation airc- raft on the territory of the observed Party, search and rescue operations shall be conducted by the observed Party in accordance with its own re- gulations and procedures for such operations. 4.Investigation of an accident or incident involving an obser- vation aircraft shall be conducted by the observed Party, with the partici- pation of the observing Party, in accordance with the recommen- dations set forth in 13 to the Convention on ("Investigation of Accidents") as revised or amended and in accordance with the national regulations of the observed Party. 5.In the event that the observation aircraft is not registered with the observed Party, at the conclusion of the investigation all wreckage and debris of the observation aircraft and sensors, if found and recovered, shall be returned to the observing Party or to the Party to which the airc- raft belongs, if so requested. SENSOR OUTPUT FROM OBSERVATION FLIGHTS For the purposes of recording data collected by sensors during ob- servation flights, the following recording media shall be used: (A)in the case of optical panoramic and framing cameras, black and white photographic film; (B)in the case of video cameras, magnetic tape; (C)in the case of infra-red line-scanning devices, black and white photographic film or magnetic tape; and (D)in the case of sideways-looking synthetic aperture radar, magne- tic tape. The agreed format in which such data is to be recorded and exchanged on other recording media shall be decided within the Open Skies Consul- tative Commission during the period of provisional application of this Treaty. 2.Data collected by sensors during observation flights shall remain on board the observation aircraft until completion of the observation flight. The transmission of data collected by sensors from the observation air- craft during the observation flight is prohibited. 3.Each roll of photographic film and cassette or reel of magnetic tape used to collect data by a sensor during an observation flight shall be pla- ced in a container and sealed in the presence of the States Parties as soon as is practicable after it has been removed from the sensor. 4.Data collected by sensors during observation flights shall be made available to States Parties in accordance with the provisions of this Artic- le and shall be used exclusively for the attainment of the purposes of this Treaty. In the event that, on the basis of data provided pursuant to , Section I to this Treaty, a data recording medium to be used by a State Party during an observation flight is incompatible with the equipment of another State Party for handling that data recording medium, the States Parties involved shall establish procedures to ensure that all data collec- ted during observation flights can be handled, in terms of processing, duplication and storage, by them. OUTPUT FROM SENSORS THAT USE PHOTO- 1.In the event that output from duplicate optical cameras is to be ex- changed, the cameras, film and film processing shall be of an identical type. 2.Provided that the data collected by a single optical camera is subject to exchange, the States Parties shall consider, within the Open Skies Consultative Commission during the period of provisional application of this Treaty, the issue of whether the responsibility for the development of the original film negative shall be borne by the observing Party or by the State Party providing the observation aircraft. The State Party developing the original film negative shall be responsible for the quality of proces- sing the original negative film and producing the duplicate positive or negative. In the event that States Parties agree that the film used during the observation flight conducted on an observation aircraft provided by the observed Party shall be processed by the observing Party, the obser- ved Party shall bear no responsibility for the quality of the processing of the original negative film. 3.All the film used during the observation flight shall be developed: (A)in the event that the original film negative is developed at a film processing facility arranged for by the observed Party, no later than three days, unless otherwise agreed, after the arrival of the observation aircraft at the point of exit; or (B)in the event that the original film negative is developed at a film processing facility arranged for by the observing Party, no later than ten days after the departure of the observation aircraft from the territory of the observed Party. 4.The State Party that is developing the original film negative shall be obliged to accept at the film processing facility up to two officials from the other State Party to monitor the unsealing of the film cassette or con- tainer and each step in the storage, processing, duplication and handling of the original film negative, in accordance with the provisions of , Section II to this Treaty. The State Party monitoring the film proces- sing and duplication shall have the right to designate such officials from among its nationals present on the territory on which the film processing facility arranged for by the other State Party is located, provided that such individuals are on the list of designated personnel in accordance with Article XIII, Section I of this Treaty. The State Party developing the film shall assist the officials of the other State Party in their functions provided for in this paragraph to the maximum extent possible. 5.Upon completion of an observation flight, the State Party that is to develop the original film negative shall attach a 21-step sensitometric test strip of the same film type used during the observation flight or shall ex- pose a 21-step optical wedge onto the leader or trailer of each roll of ori- ginal film negative used during the observation flight. After the original film negative has been processed and duplicate film negative or positive has been produced, the States Parties shall assess the image quality of the 21-step sensitometric test strips or images of the 21-step optical wedge against the characteristics provided for that type of original film negative or duplicate film negative or positive in accordance with the provisions of , Section I to this Treaty. 6.In the event that only one original film negative is developed: (A)the observing Party shall have the right to retain or receive the original film negative; and (B)the observed Party shall have the right to select and receive a complete first generation duplicate or part thereof, either positi- ve or negative, of the original film negative. Unless otherwise agreed, such duplicate shall be: (1)of the same format and film size as the original film negati- (2)produced immediately after development of the original film negative; and (3)provided to the officials of the observed Party immediately after the duplicate has been produced. 7.In the event that two original film negatives are developed: (A)if the observation aircraft is provided by the observing Party, the observed Party shall have the right, at the completion of the ob- servation flight, to select either of the two original film negati- ves, and the original film negative not selected shall be retained by the observing Party; or (B)if the observation aircraft is provided by the observed Party, the observing Party shall have the right to select either of the origi- nal film negatives, and the original film negative not selected shall be retained by the observed Party. OUTPUT FROM SENSORS THAT USE OTHER RE- CORDING MEDIA 1.The State Party that provides the observation aircraft shall record at least one original set of data collected by sensors using other recording media. 2.In the event that only one original set is made: (A)if the observation aircraft is provided by the observing Party, the observing Party shall have the right to retain the original set and the observed Party shall have the right to receive a first genera- tion duplicate copy; or (B)if the observation aircraft is provided by the observed Party, the observing Party shall have the right to receive the original set and the observed Party shall have the right to receive a first ge- neration duplicate copy. 3.In the event that two original sets are made: (A)if the observation aircraft is provided by the observing Party, the observed Party shall have the right, at the completion of the ob- servation flight, to select either of the two sets of recording me- dia, and the set not selected shall be retained by the observing Party; or (B)if the observation aircraft is provided by the observed Party, the observing Party shall have the right to select either of the two sets of recording media, and the set not selected shall be retained by the observed Party. 4.In the event that the observation aircraft is provided by the obser- ving Party, the observed Party shall have the right to receive the data col- lected by a sideways-looking synthetic aperture radar in the form of either initial phase information or a radar image, at its choice. 5.In the event that the observation aircraft is provided by the observed Party, the observing Party shall have the right to receive the data collec- ted by a sideways-looking synthetic aperture radar in the form of either initial phase information or a radar image, at its choice. ACCESS TO SENSOR OUTPUT Each State Party shall have the right to request and receive from the ob- serving Party copies of data collected by sensors during an observation flight. Such copies shall be in the form of first generation duplicates pro- duced from the original data collected by sensors during an observation flight. The State Party requesting copies shall also notify the observed Party. A request for duplicates of data shall include the following infor- mation: (A)the observing Party; (B)the observed Party; (C)the date of the observation flight; (D)the sensor by which the data was collected; (E)the portion or portions of the observation period during which the data was collected; and (F)the type and format of duplicate recording medium, either nega- tive or positive film, or magnetic tape. OPEN SKIES CONSULTATIVE COMMISSION 1.In order to promote the objectives and facilitate the implementation of the provisions of this Treaty, the States Parties hereby establish an Open Skies Consultative Commission. 2.The Open Skies Consultative Commission shall take decisions or make recommendations by consensus. Consensus shall be understood to mean the absence of any objection by any State Party to the taking of a decision or the making of a recommendation. 3.Each State Party shall have the right to raise before the Open Skies Consultative Commission, and have placed on its agenda, any issue rela- ting to this Treaty, including any issue related to the case when the ob- served Party provides an observation aircraft. 4.Within the framework of the Open Skies Consultative Commission the States Parties to this Treaty shall: (A)consider questions relating to compliance with the provisions of this Treaty; (B)seek to resolve ambiguities and differences of interpretation that may become apparent in the way this Treaty is implemented; (C)consider and take decisions on applications for accession to this Treaty; and (D)agree as to those technical and administrative measures, pur- suant to the provisions of this Treaty, deemed necessary follo- wing the accession to this Treaty by other States. 5.The Open Skies Consultative Commission may propose amend- ments to this Treaty for consideration and approval in accordance with Article XVI. Skies Consultative Commission may also agree on improvements to the viability and effectiveness of this Treaty, consis- tent with its provisions. Improvements relating only to modification of the annual distribution of quotas pursuant to Article III and , to updates and additions to the categories or capabilities of sensors pursuant to Article IV, to revision of the share of costs pursuant to , Section I, paragraph 9, to arrangements for the sharing and availability of data pursuant to Article IX, Sections III and IV and to the handling of mission reports pursuant to Article VI, Section I, paragraph 21, as well as to minor matters of an administrative or technical nature, shall be agreed upon within the Open Skies Consultative Commission and shall not be deemed to be amendments to this Treaty. 6.The Open Skies Consultative Commission shall request the use of the facilities and administrative support of on Security and Co-operation in Europe, or other exis- ting facilities in , unless it decides otherwise. 7.Provisions for the operation of the Open Skies Consultative Com- mission are set forth in to this Treaty. The States Parties shall transmit notifications and reports required by this Treaty in written form. The States Parties shall transmit such notifica- tions and reports through diplomatic channels or, at their choice, through other official channels, such as the communications network of the Con- on Security and Co-operation in Europe. A State Party shall, in accordance with international law and practice, be liable to pay compensation for damage to other States Parties, or to their natural or juridical persons or their property, caused by it in the course of the implementation of this Treaty. DESIGNATION OF PERSONNEL AND PRIVILEGES AND SECTION I. DESIGNATION OF PERSONNEL 1.Each State Party shall, at the same time that it deposits its instru- ment of ratification to either of the Depositaries, provide to all other Sta- tes Parties, for their review, a list of designated personnel who will carry out all duties relating to the conduct of observation flights for that State Party, including monitoring the processing of the sensor output. No such list of designated personnel shall include more than 400 individuals at any time. It shall contain the name, gender, date of birth, place of birth, passport number, and function for each individual included. Each State Party shall have the right to amend its list of designated personnel until 30 days after entry into force of this Treaty and once every six months thereafter. 2.In the event that any individual included on the original or any amended list is unacceptable to a State Party reviewing the list, that State Party shall, no later than 30 days after receipt of each list, notify the State Party providing that list that such individual shall not be accepted with respect to the objecting State Party. Individuals not declared unacceptab- le within that 30 day period shall be deemed accepted. In the event that a State Party subsequently determines that an individual is unacceptable, that State Party shall so notify the State Party that designated such indi- vidual. Individuals who are declared unacceptable shall be removed from the list previously submitted to the objecting State Party. 3.The observed Party shall provide visas and any other documents as required to ensure that each accepted individual may enter and remain on the territory of that State Party for the purpose of carrying out duties rela- ting to the conduct of observation flights, including monitoring the pro- cessing of the sensor output. Such visas and any other necessary docu- ments shall be provided either: (A)no later than 30 days after the individual is deemed to be accep- ted, in which case the visa shall be valid for a period of no less than 24 months; or (B)no later than one hour after the arrival of the individual at the point of entry, in which case the visa shall be valid for the dura- tion of that individual's duties; or (C)at any other time, by mutual agreement of the States Parties in- volved. In order to exercise their functions effectively, for the purpose of implementing this Treaty and not for their personal benefit, personnel designated in accordance with the provisions of Section I, paragraph 1 of this Article shall be accorded the privileges and immunities enjoyed by diplomatic agents pursuant to Article 29; Article 30, paragraph 2; Article 31, paragraphs 1, 2 and 3; and Articles 34 and 35 of the Conven- tion on Diplomatic Relations of , hereinafter referred to as In addition, designated personnel shall be accor- ded the privileges enjoyed by diplomatic agents pursuant to Article 36, paragraph 1, subparagraph (b) of the Convention, except in rela- tion to articles, the import or export of which is prohibited by law or con- trolled by quarantine regulations. 2.Such privileges and immunities shall be accorded to designated per- sonnel for the entire period between arrival on and departure from the territory of the observed Party, and thereafter with respect to acts previo- usly performed in the exercise of their official functions. Such personnel shall also, when transiting the territory of other States Parties, be accor- ded the privileges and immunities enjoyed by diplomatic agents pursuant to Article 40, paragraph 1 of the Convention. 3.The immunity from jurisdiction may be waived by the observing Party in those cases when it would impede the course of and can be waived without prejudice to this Treaty. The immunity of personnel who are not nationals of the observing Party may be waived only by the States Parties of which such personnel are nationals. Waiver must always be express. 4.Without prejudice to their privileges and immunities or the rights of the observing Party set forth in this Treaty, it is the duty of designated personnel to respect the laws and regulations of the observed Party. 5.The transportation means of the personnel shall be accorded the same immunities from search, requisition, attachment or execution as those of a diplomatic mission pursuant to Article 22, paragraph 3 of the Convention, except as otherwise provided for in this Treaty. 1.Solely for the purposes of Articles II to IX and Article XI, and of Annexes A to I and to this Treaty, the Kingdom of , the Grand Duchy of , and the Kingdom of the be deemed a single State Party, hereinafter referred to as the Bene- lux. 2.Without prejudice to the provisions of Article XV, the above- mentioned States Parties may terminate this arrangement by notifying all other States Parties thereof. This arrangement shall be deemed to be ter- minated on the next following the 60-day period after such notification. 1.This Treaty shall be of unlimited duration. 2.A State Party shall have the right to withdraw from this Treaty. A State Party intending to withdraw shall provide notice of its decision to withdraw to either Depositary at least six months in advance of the date of its intended withdrawal and to all other States Parties. The Depositari- es shall promptly inform all other States Parties of such notice. 3.In the event that a State Party provides notice of its decision to withdraw from this Treaty in accordance with paragraph 2 of this Article, the Depositaries shall convene a conference of the States Parties no less than 30 days and no more than 60 days after they have received such no- tice, in order to consider the effect of the withdrawal on this Treaty. AMENDMENTS AND PERIODIC REVIEW 1.Each State Party shall have the right to propose amendments to this Treaty. The text of each proposed amendment shall be submitted to either Depositary, which shall circulate it to all States Parties for conside- ration. If so requested by no less than three States Parties within a period of 90 days after circulation of the proposed amendment, the Depositaries shall convene a conference of the States Parties to consider the proposed amendment. Such a conference shall open no earlier than 30 days and no later than 60 days after receipt of the third of such requests. 2.An amendment to this Treaty shall be subject to the approval of all States Parties, either by providing notification, in writing, of their appro- val to a Depositary within a period of 90 days after circulation of the proposed amendment, or by expressing their approval at a conference convened in accordance with paragraph 1 of this Article. An amendment so approved shall be subject to ratification in accordance with the provi- sions of Article XVII, paragraph 1, and shall enter into force 60 days after the deposit of instruments of ratification by the States Parties. 3.Unless requested to do so earlier by no less than three States Parties, the Depositaries shall convene a conference of the States Parties to revi- ew the implementation of this Treaty three years after entry into force of this Treaty and at five-year intervals thereafter. DEPOSITARIES, ENTRY INTO FORCE AND ACCESSION