prop · GP03157 · 2002-03-14 00:00:00 — 4.The term "observation aircraft" means an unarmed, fixed wing air- craft designated to make observation flights, registered by the relevant authorities of a State Party and equipped with agreed sensors. The term "unarmed" means that the observation aircraft used for the purposes of this Treaty is not equipped to carry and employ weapons. 5.The term "observation flight" means the flight of the observation aircraft conducted by an observing Party over the territory of an observed Party, as provided in the flight plan, from the point of entry or Open Skies airfield to the point of exit or Open Skies airfield. 6.The term "transit flight" means a flight of an observation aircraft or transport aircraft conducted by or on behalf of an observing Party over the territory of a third State Party en route to or from the territory of the observed Party. 7.The term "transport aircraft" means an aircraft other than an obser- vation aircraft that, on behalf of the observing Party, conducts flights to or from the territory of the observed Party exclusively for the purposes of this Treaty. 8.The term "territory" means the land, including , and internal and territorial waters, over which a State Party exercises sovereignty. 9.The term "passive quota" means the number of observation flights that each State Party is obliged to accept as an observed Party. 10.The term "quota" means the number of observation flights that each State Party has the right to conduct as an observing Party. 11.The term "maximum flight distance" means the maximum distance over the territory of the observed Party from the point at which the ob- servation flight may commence to the point at which that flight may ter- minate, as specified in to this Treaty. 12.The term "sensor" means equipment of a category specified in Ar- ticle IV, paragraph 1 that is installed on an observation aircraft for use during the conduct of observation flights. The term "ground resolution" means the minimum distance on the ground between two closely located objects distinguishable as separate objects. 14.The term "infra-red line-scanning device" means a sensor capable of receiving and visualizing thermal electro-magnetic radiation emitted in the invisible infra-red part of the optical spectrum by objects due to their temperature and in the absence of artificial illumination. 15.The term "observation period" means a specified period of time during an observation flight when a particular sensor installed on the ob- servation aircraft is operating. 16.The term "flight crew" means individuals from any State Party who may include, if the State Party so decides, interpreters and who perform duties associated with the operation or servicing of an observation air- craft or transport aircraft. 17.The term "pilot-in-command" means the pilot on board the obser- vation aircraft who is responsible for the operation of the observation aircraft, the execution of the flight plan, and the safety of the observation aircraft. 18.The term "flight monitor" means an individual who, on behalf of the observed Party, is on board an observation aircraft provided by the observing Party during the observation flight and who performs duties in accordance with to this Treaty. 19.The term "flight representative" means an individual who, on be- half of the observing Party, is on board an observation aircraft provided by the observed Party during an observation flight and who performs duties in accordance with to this Treaty. 20.The term "representative" means an individual who has been de- signated by the observing Party and who performs activities on behalf of the observing Party in accordance with during an observation flight on an observation aircraft designated by a State Party other than the observing Party or the observed Party. 21.The term "sensor operator" means an individual from any State Party who performs duties associated with the functioning, operation and maintenance of the sensors of an observation aircraft. 22.The term "inspector" means an individual from any State Party who conducts an inspection of sensors or observation aircraft of another State Party. 23.The term "escort" means an individual from any State Party who accompanies the inspectors of another State Party. 24.The term "mission plan" means a document, which is in a format established by the Open Skies Consultative Commission, presented by the observing Party that contains the route, profile, order of execution and support required to conduct the observation flight, which is to be agreed upon with the observed Party and which will form the basis for the elaboration of the flight plan. 25.The term "flight plan" means a document elaborated on the basis of the agreed mission plan in the format and with the content specified by the , hereinafter referred to as the , which is presented to the air traffic control authorities and on the basis of which the observation flight will be conducted. The term "mission report" means a document describing an obser- vation flight completed after its termination by the observing Party and signed by both the observing and observed Parties, which is in a format established by the Open Skies Consultative Commission. 27.The term "Open Skies airfield" means an airfield designated by the observed Party as a point where an observation flight may commence or terminate. 28.The term "point of entry" means a point designated by the observed Party for the arrival of personnel of the observing Party on the territory of the observed Party. 29.The term "point of exit" means a point designated by the observed Party for the departure of personnel of the observing Party from the terri- tory of the observed Party. 30.The term "refuelling airfield" means an airfield designated by the observed Party used for fuelling and servicing of observation aircraft and transport aircraft. 31.The term "alternate airfield" means an airfield specified in the flight plan to which an observation aircraft or transport aircraft may pro- ceed when it becomes inadvisable to land at the airfield of intended land- ing. 32.The term "hazardous airspace" means the prohibited areas, re- stricted areas and danger areas, defined on the basis of 2 to the Convention on , that are established in accor- dance with 15 to the Convention on in the interests of flight safety, public safety and environmental protec- tion and about which information is provided in accordance with provisions. 33.The term "prohibited area" means an airspace of defined dimen- sions, above the territory of a State Party, within which the flight of air- craft is prohibited. 34.The term "restricted area" means an airspace of defined dimen- sions, above the territory of a State Party, within which the flight of air- craft is restricted in accordance with specified conditions. 35.The term "danger area" means an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times. 1.Each State Party shall have the right to conduct observation flights in accordance with the provisions of this Treaty. 2.Each State Party shall be obliged to accept observation flights over its territory in accordance with the provisions of this Treaty. 3.Each State Party shall have the right to conduct a number of obser- vation flights over the territory of any other State Party equal to the num- ber of observation flights which that other State Party has the right to conduct over it. The total number of observation flights that each State Party is obli- ged to accept over its territory is the total passive quota for that State Par- The allocation of the total passive quota to the States Parties is set forth in , Section I to this Treaty. The number of observation flights that a State Party shall have the right to conduct each year over the territory of each of the other States Parties is the individual quota of that State Party with respect to that other State Party. The sum of the individual quotas is the total quota of that State Party. The total quota of a State Party shall not exceed its total passive quota. The first distribution of quotas is set forth in , Sec- tion II to this Treaty. 7.After entry into force of this Treaty, the distribution of quotas shall be subject to an annual review for the following calendar year within the framework of the Open Skies Consultative Commission. In the event that it is not possible during the annual review to arrive within three weeks at agreement on the distribution of quotas with respect to a particular State Party, the previous year's distribution of quo- tas with respect to that State Party shall remain unchanged. 8.Except as provided for by the provisions of Article VIII, each obser- vation flight conducted by a State Party shall be counted against the indi- vidual and total quotas of that State Party. 9.Notwithstanding the provisions of paragraphs 3 and 5 of this Section, a State Party to which an quota has been distributed may, by agreement with the State Party to be overflown, transfer a part or all of its total quota to other States Parties and shall promptly notify all other States Parties and the Open Skies Consultative Commission there- of. Paragraph 10 of this Section shall apply. 10.No State Party shall conduct more observation flights over the ter- ritory of another State Party than a number equal to 50 per cent, rounded up to the nearest whole number, of its own total quota, or of the total passive quota of that other State Party, whichever is less. 11.The maximum flight distances of observation flights over the terri- tories of the States Parties are set forth in , Section III to this Treaty. PROVISIONS FOR A GROUP OF STATES PARTIES (A) Without prejudice to their rights and obligations under this Trea- ty, two or more States Parties which hold quotas may form a group of States Parties at signature of this Treaty and thereafter. For a group of States Parties formed after signature of this Trea- ty, the provisions of this Section shall apply no earlier than six months after giving notice to all other States Parties, and subject to the provisions of paragraph 6 of this Section. (B)A group of States Parties shall co operate with regard to and passive quotas in accordance with the provisions of either paragraph 2 or 3 of this Section. (A) The members of a group of States Parties shall have the right to redistribute amongst themselves their quotas for the cur- rent year, while retaining their individual passive quotas. Notifi- cation of the redistribution shall be made immmediately to all third States Parties concerned. (B)An observation flight shall count as many observation flights against the individual and total quotas of the observing Party as observed Parties belonging to the group are overflown. It shall count one observation flight against the total passive qu- ota of each observed Party. (C)Each State Party in respect of which one or more members of a group of States Parties hold quotas shall have the right to conduct over the territory of any member of the group 50 per cent more observation flights, rounded up to the nearest whole number, than its individual quota in respect of that mem- ber of the group or to conduct two such overflights if it holds no quota in respect of that member of the group. (D)In the event that it exercises this right the State Party concerned shall reduce its quotas in respect of other members of the group in such a way that the total sum of observation flights it conducts over their territories shall not exceed the sum of the in- dividual quotas that the State Party holds in respect of all the members of the group in the current year. (E)The maximum flight distances of observation flights over the territories of each member of the group shall apply. In case of an observation flight conducted over several members, after comp- letion of the maximum flight distance for one member all sen- sors shall be switched off until the observation aircraft reaches the point over the territory of the next member of the group of States Parties where the observation flight is planned to begin. For such follow on observation flight the maximum flight di- stance related to the Open Skies airfield nearest to this point shall apply. (A) A group of States Parties shall, at its request, be entitled to a common total passive quota which shall be allocated to it and common individual and total quotas shall be distributed in respect of it. (B)In this case, the total passive quota is the total number of obser- vation flights that the group of States Parties is obliged to accept each year. The total quota is the sum of the number of ob- servation flights that the group of States Parties has the right to conduct each year. Its total quota shall not exceed the to- tal passive quota. (C)An observation flight resulting from the total quota of the group of States Parties shall be carried out on behalf of the group. (D)Observation flights that a group of States Parties is obliged to accept may be conducted over the territory of one or more of its members. (E) The maximum flight distances of each group of States Parties shall be specified pursuant to , Section III and Open Skies airfields shall be designated pursuant to to this 4.In accordance with the general principles set out in Article X, para- graph 3, any third State Party that considers its rights under the provi- sions of Section I, paragraph 3 of this Article to be unduly restricted by the operation of a group of States Parties may raise this problem before the Open Skies Consultative Commission. 5.The group of States Parties shall ensure that procedures are establi- shed allowing for the conduct of observation flights over the territories of its members during one single mission, including refuelling if necessary. In the case of a group of States Parties established pursuant to paragraph 3 of this Section, such observation flights shall not exceed the maximum flight distance applicable to the Open Skies airfields at which the obser- vation flights commence. 6.No earlier than six months after notification of the decision has been provided to all other States Parties: (A)a group of States Parties established pursuant to the provisions of paragraph 2 of this Section may be transformed into a group of States Parties pursuant to the provisions of paragraph 3 of this Section; (B)a group of States Parties established pursuant to the provisions of paragraph 3 of this Section may be transformed into a group of States Parties pursuant to the provisions of paragraph 2 of this Section; (C)a State Party may withdraw from a group of States Parties; or (D)a group of States Parties may admit further States Parties which hold quotas. 7.Following entry into force of this Treaty, changes in the allocation or distribution of quotas resulting from the of or an admis- sion to or a withdrawal from a group of States Parties according to para- graph 3 of this Section shall become effective on 1 January following the first annual review within the Open Skies Consultative Commission occurring after the six-month notification period. When necessary, new Open Skies airfields shall be designated and maximum flight distances established accordingly. Except as otherwise provided for in paragraph 3 of this Article, ob- servation aircraft shall be equipped with sensors only from amongst the following categories: (A)optical panoramic and framing cameras; (B)video cameras with real-time display; (C)infra-red line-scanning devices; and (D)sideways-looking synthetic aperture radar. A State Party may use, for the purposes of conducting observation flights, any of the sensors specified in paragraph 1 above, provided that such sensors are commercially available to all States Parties, subject to the following performance limits: (A)in the case of optical panoramic and framing cameras, a ground resolution of no better than 30 centimetres at the minimum height above ground level determined in accordance with the provisions of , Appendix 1, obtained from no more than one panoramic camera, one vertically mounted framing camera and two obliquely mounted framing cameras, one on each side of the aircraft, providing coverage, which need not be continuous, of the ground up to 50 kilometres of each side of the flight path of the aircraft; (B)in the case of video cameras, a ground resolution of no better than 30 centimetres determined in accordance with the provi- sions of , Appendix 1; (C)in the case of infra-red line-scanning devices, a ground resolu- tion of no better than 50 centimetres at the minimum height above ground level determined in accordance with the provi- sions of , Appendix 1, obtained from a single device; and (D)in the case of sideways-looking synthetic aperture radar, a ground resolution of no better than three metres calculated by the impulse response method, which, using the object separation method, corresponds to the ability to distinguish on a radar ima- ge two corner reflectors, the distance between the centres of which is no less than five metres, over a swath width of no more than 25 kilometres, obtained from a single radar unit capable of looking from either side of the aircraft, but not both simultaneo- usly. 3.The introduction of additional categories and improvements to the capabilities of existing categories of sensors provided for in this Article shall be addressed by the Open Skies Consultative Commission pursuant to Article X of this Treaty. 4.All sensors shall be provided with aperture covers or other devices which inhibit the operation of sensors so as to prevent collection of data during transit flights or flights to points of entry or from points of exit over the territory of the observed Party. Such covers or such other devi- ces shall be removable or operable only from outside the observation aircraft. 5.Equipment that is capable of annotating data collected by sensors in accordance with , Section II shall be allowed on observation aircraft. The State Party providing the observation aircraft for an observation flight shall annotate the data collected by sensors with the information provided for in , Section II to this Treaty. 6.Equipment that is capable of displaying data collected by sensors in real-time shall be allowed on observation aircraft for the purposes of mo- nitoring the functioning and operation of the sensors during the conduct of an observation flight. 7.Except as required for the operation of the agreed sensors, or as re- quired for the operation of the observation aircraft, or as provided for in paragraphs 5 and 6 of this Article, the collection, processing, retransmis- sion or recording of electronic signals from electro-magnetic waves are prohibited on board the observation aircraft and equipment for such ope- rations shall not be on that observation aircraft. 8.In the event that the observation aircraft is provided by the obser- ving Party, the observing Party shall have the right to use an observation aircraft equipped with sensors in each sensor category that do not exceed the capability specified in paragraph 2 of this Article. 9.In the event that the observation aircraft used for an observation flight is provided by the observed Party, the observed Party shall be obli- ged to provide an observation aircraft equipped with sensors from each sensor category specified in paragraph 1 of this Article, at the maximum capability and in the numbers specified in paragraph 2 of this Article, subject to the provisions of Article XVIII, Section II, unless otherwise agreed by the observing and observed Parties. The package and configu- ration of such sensors shall be installed in such a way so as to provide coverage of the ground provided for in paragraph 2 of this Article. In the event that the observation aircraft is provided by the observed Party, the latter shall provide a sideways-looking synthetic aperture radar with a ground resolution of no worse than six metres, determined by the object separation method. 10.When designating an aircraft as an observation aircraft pursuant to Article V of this Treaty, each State Party shall inform all other States Parties of the technical information on each sensor installed on such airc- raft as provided for in to this Treaty. 11.Each State Party shall have the right to take part in the certification of sensors installed on observation aircraft in accordance with the provi- sions of . No observation aircraft of a given type shall be used for observation flights until such type of observation aircraft and its sen- sors has been certified in accordance with the provisions of to this Treaty. 12.A State Party designating an aircraft as an observation aircraft shall, upon 90-day prior notice to all other States Parties and subject to the provisions of to this Treaty, have the right to remove, repla- ce or add sensors, or amend the technical information it has provided in accordance with the provisions of paragraph 10 of this Article and to this Treaty. Replacement and additional sensors shall be subject to certification in accordance with the provisions of to this Treaty prior to their use during an observation flight. 13.In the event that a State Party or group of States Parties, based on experience with using a particular observation aircraft, considers that any sensor or its associated equipment installed on an aircraft does not cor- respond to those certified in accordance with the provisions of , the interested States Parties shall notify all other States Parties of their concern. The State Party that designated the aircraft shall: (A)take the steps necessary to ensure that the sensor and its associa- ted equipment installed on the observation aircraft correspond to those certified in accordance with the provisions of , including, as necessary, repair, adjustment or replacement of the particular sensor or its associated equipment; and (B) at the request of an interested State Party, by means of a demon- stration flight set up in connection with the next time that the aforementioned observation aircraft is used, in accordance with the provisions of , demonstrate that the sensor and its associated equipment installed on the observation aircraft cor- respond to those certified in accordance with the provisions of Other States Parties that express concern regarding a sensor and its associated equipment installed on an observation aircraft shall have the right to send personnel to participate in such a demonstration flight. In the event that, after the steps referred to in paragraph 13 of this Article have been taken, the States Parties remain concerned as to whether a sensor or its associated equipment installed on an observation aircraft correspond to those certified in accordance with the provisions of , the issue may be referred to the Open Skies Consultative 1.Each State Party shall have the right to designate as observation aircraft one or more types or models of aircraft registered by the relevant authorities of a State Party. 2.Each State Party shall have the right to designate types or models of aircraft as observation aircraft or add new types or models of aircraft to those designated earlier by it, provided that it notifies all other States Parties 30 days in advance thereof. The notification of the designation of aircraft of a type or model shall contain the information specified in to this Treaty. 3.Each State Party shall have the right to delete types or models of aircraft designated earlier by it, provided that it notifies all other States Parties 90 days in advance thereof. 4.Only one exemplar of a particular type and model of aircraft with an identical set of associated sensors shall be required to be offered for cer- tification in accordance with the provisions of to this Treaty.