prop · GP03157 · 2002-03-14 00:00:00 — 5.Each observation aircraft shall be capable of carrying the flight crew and the personnel specified in Article VI, Section III. CHOICE OF OBSERVATION AIRCRAFT, GENERAL PROVI- SIONS FOR THE CONDUCT OF OBSERVATION FLIGHTS, AND REQUIREMENTS FOR MISSION PLANNING CHOICE OF OBSERVATION AIRCRAFT AND GENE- THE CONDUCT OF OBSERVATION FLIGHTS 1.Observation flights shall be conducted using observation aircraft that have been designated by a State Party pursuant to Article V. Unless the observed Party exercises its right to provide an observation aircraft that it has itself designated, the observing Party shall have the right to provide the observation aircraft. In the event that the observing Party provides the observation aircraft, it shall have the right to provide an aircraft that it has itself designated or an aircraft designated by another State Party. In the event that the observed Party provides the observation aircraft, the observing Party shall have the right to be provided with an aircraft capable of achieving a minimum unrefuelled range, including the necessary fuel reserves, equivalent to one-half of the flight distance, as notified in accordance with paragraph 5, subparagraph (G) of this Sec- tion. 2.Each State Party shall have the right, pursuant to paragraph 1 of this Section, to use an observation aircraft designated by another State Party for observation flights. Arrangements for the use of such aircraft shall be worked out by the States Parties involved to allow for participation in the Open Skies regime. 3.States Parties having the right to conduct observation flights may co-ordinate their plans for conducting observation flights in accordance with to this Treaty. No State Party shall be obliged to accept more than one observation flight at any one time during the 96-hour pe- riod specified in paragraph 9 of this Section, unless that State Party has requested a demonstration flight pursuant to to this Treaty. In that case, the observed Party shall be obliged to accept an overlap for the observation flights of up to 24 hours. After having been notified of the results of the co-ordination of plans to conduct observation flights, each State Party over whose territory observation flights are to be conducted shall inform other States Parties, in accordance with the provisions of , whether it will exercise, with regard to each specific observa- tion flight, its right to provide its own observation aircraft. 4.No later than 90 days after signature of this Treaty, each State Party shall provide notification to all other States Parties: (A)of the standing diplomatic clearance number for Open Skies observation flights, flights of transport aircraft and transit flights; and (B)of which language or languages of the Open Skies Consultative Commission specified in , Section I, paragraph 7 to this Treaty shall be used by personnel for all activities associated with the conduct of observation flights over its territory, and for completing the mission plan and mission report, unless the lang- uage to be used is the one recommended in 10 to the Convention on , Volume II, para- 5.The observing Party shall notify the observed Party of its intention to conduct an observation flight, no less than 72 hours prior to the esti- mated time of arrival of the observing Party at the point of entry of the observed Party. States Parties providing such notifications shall make every effort to avoid using the minimum pre notification period over weekends. Such notification shall include: (A)the desired point of entry and, if applicable, Open Skies airfield where the observation flight shall commence; (B)the date and estimated time of arrival of the observing Party at the point of entry and the date and estimated time of departure for the flight from the point of entry to the Open Skies airfield, if applicable, indicating specific accommodation needs; (C)the location, specified in , Appendix 1, where the con- duct of the pre flight inspection is desired and the date and start time of such pre flight inspection in accordance with the provi- sions of ; (D)the mode of transport and, if applicable, type and model of the transport aircraft used to to the point of entry in the event that the observation aircraft used for the observation flight is provided by the observed Party; (E)the diplomatic clearance number for the observation flight or for the flight of the transport aircraft used to bring the personnel in and out of the territory of the observed Party to conduct an ob- servation flight; (F)the identification of the observation aircraft, as specified in ; (G)the approximate observation flight distance; and (H)the names of the personnel, their gender, date and place of birth, passport number and issuing State Party, and their function. 6.The observed Party that is notified in accordance with paragraph 5 of this Section shall acknowledge receipt of the notification within 24 hours. In the event that the observed Party exercises its right to provide the observation aircraft, the acknowledgement shall include the informa- tion about the observation aircraft specified in paragraph 5, subparagraph (F)of this Section. The observing Party shall be permitted to arrive at the point of entry at the estimated time of arrival as notified in accordance with paragraph 5 of this Section. The estimated time of departure for the flight from the point of entry to the Open Skies airfield where the obser- vation flight shall commence and the location, the date and the start time of the pre-flight inspection shall be subject to confirmation by the obser- ved Party. 7.Personnel of the observing Party may include personnel designated pursuant to Article XIII by other States Parties. 8.The observing Party, when notifying the observed Party in accor- dance with paragraph 5 of this Section, shall simultaneously notify all other States Parties of its intention to conduct the observation flight. 9.The period from the estimated time of arrival at the point of entry until completion of the observation flight shall not exceed 96 hours, un- less otherwise agreed. In the event that the observed Party requests a de- monstration flight pursuant to to the Treaty, it shall extend the 96-hour period pursuant to , Section III, paragraph 4, if additio- nal time is required by the observing Party for the unrestricted execution of the mission plan. 10.Upon arrival of the observation aircraft at the point of entry, the observed Party shall inspect the covers for sensor apertures or other devi- ces that inhibit the operation of sensors to confirm that they are in their proper position pursuant to , unless otherwise agreed by all Sta- tes Parties involved. 11.In the event that the observation aircraft is provided by the obser- ving Party, upon the arrival of the observation aircraft at the point of entry or at the Open Skies airfield where the observation flight commen- ces, the observed Party shall have the right to carry out the pre-flight in- spection pursuant to , Section I. In the event that, in accordance with paragraph 1 of this Section, an observation aircraft is provided by the observed Party, the observing Party shall have the right to carry out the pre-flight inspection of sensors pursuant to , Section II. Un- less otherwise agreed, such inspections shall terminate no less than four hours prior to the scheduled commencement of the observation flight set forth in the flight plan. 12.The observing Party shall ensure that its flight crew includes at least one individual who has the necessary linguistic ability to communi- cate freely with the personnel of the observed Party and its air traffic control authorities in the language or languages notified by the observed Party in accordance with paragraph 4 of this Section. 13.The observed Party shall provide the flight crew, upon its arrival at the point of entry or at the Open Skies airfield where the observation flight commences, with the most recent weather forecast and air naviga- tion information and information on flight safety, including Notices to Airmen. Updates of such information shall be provided as requested. In- strument procedures, and information about alternate airfields along the flight route, shall be provided upon approval of the mission plan in ac- cordance with the requirements of Section II of this Article. 14.While conducting observation flights pursuant to this Treaty, all observation aircraft shall be operated in accordance with the provisions of this Treaty and in accordance with the approved flight plan. Without prejudice to the provisions of Section II, paragraph 2 of this Article, ob- servation flights shall also be conducted in compliance with: (A)published standards and recommended practices; and (B)published national air traffic control rules, procedures and guidelines on flight safety of the State Party whose territory is being overflown. 15.Observation flights shall take priority over any regular air traffic. The observed Party shall ensure that its air traffic control authorities faci- litate the conduct of observation flights in accordance with this Treaty. 16.On board the aircraft the pilot-in-command shall be the sole autho- rity for the safe conduct of the flight and shall be responsible for the exe- cution of the flight plan. 17.The observed Party shall provide: (A)a calibration target suitable for confirming the capability of sen- sors in accordance with the procedures set forth in , Section III to this Treaty, to be overflown during the demonstra- tion flight or the observation flight upon the request of either Party, for each sensor that is to be used during the observation The calibration target shall be located in the vicinity of the airfield at which the pre-flight inspection is conducted pur- suant to to this Treaty; (B)customary commercial aircraft fuelling and servicing for the ob- servation aircraft or transport aircraft at the point of entry, at the Open Skies airfield, at any refuelling airfield, and at the point of exit specified in the flight plan, according to the specifications that are published about the designated airfield; (C)meals and the use of accommodation for the personnel of the observing Party; and (D)upon the request of the observing Party, further services, as may be agreed upon between the observing and observed Parties, to facilitate the conduct of the observation flight. 18.All costs involved in the conduct of the observation flight, inclu- ding the costs of the recording media and the processing of the data col- lected by sensors, shall be reimbursed in accordance with , Sec- tion I, paragraph 9 to this Treaty. 19.Prior to the departure of the observation aircraft from the point of exit, the observed Party shall confirm that the covers for sensor apertures or other devices that inhibit the operation of sensors are in their proper position pursuant to to this Treaty. 20.Unless otherwise agreed, the observing Party shall depart from the point of exit no later than 24 hours following completion of the observa- tion flight, unless weather conditions or the airworthiness of the observa- tion aircraft or transport aircraft do not permit, in which case the flight shall commence as soon as practicable. 21.The observing Party shall compile a mission report of the observa- tion flight using the appropriate format developed by the Open Skies Consultative Commission. The mission report shall contain pertinent data on the date and time of the observation flight, its route and profile, weather conditions, time and location of each observation period for each sensor, the approximate amount of data collected by sensors, and the re- sult of inspection of covers for sensor apertures or other devices that in- hibit the operation of sensors in accordance with Article VII and . The mission report shall be signed by the observing and observed Par- ties at the point of exit and shall be provided by the observing Party to all other States Parties within seven days after departure of the observing Party from the point of exit. REQUIREMENTS FOR MISSION PLANNING 1.Unless otherwise agreed, the observing Party shall, after arrival at the Open Skies airfield, submit to the observed Party a mission plan for the proposed observation flight that meets the requirements of paragraphs 2 and 4 of this Section. 2.The mission plan may provide for an observation flight that allows for the observation of any point on the entire territory of the observed Party, including areas designated by the observed Party as hazardous airspace in the source specified in . The flight path of an observa- tion aircraft shall not be closer than, but shall be allowed up to, ten kilo- metres from the border with an adjacent State that is not a State Party. 3.The mission plan may provide that the Open Skies airfield where the observation flight terminates, as well as the point of exit, may be diffe- rent from the Open Skies airfield where the observation flight commen- ces or the point of entry. The mission plan shall specify, if applicable, the commencement time of the observation flight, the desired time and place of planned refuelling stops or rest periods, and the time of continuation of the observation flight after a refuelling stop or rest period within the 96-hour period specified in Section I, paragraph 9 of this Article. 4.The mission plan shall include all information necessary to file the flight plan and shall provide that: (A)the observation flight does not exceed the relevant maximum flight distance as set forth in , Section I; (B)the route and profile of the observation flight satisfies observa- tion flight safety conditions in conformity with standards and recommended practices, taking into account existing diffe- rences in national flight rules, without prejudice to the provi- sions of paragraph 2 of this Section; (C)the mission plan takes into account information on hazardous airspace, as provided in accordance with ; (D)the height above ground level of the observation aircraft does not permit the observing Party to exceed the limitation on ground resolution for each sensor, as set forth in Article IV, pa- ragraph 2; (E)the estimated time of commencement of the observation flight shall be no less than 24 hours after the submission of the mis- sion plan, unless otherwise agreed; (F)the observation aircraft flies a direct route between the co- ordinates or navigation fixes designated in the mission plan in the declared sequence; and (G)the flight path does not intersect at the same point more than once, unless otherwise agreed, and the observation aircraft does not circle around a single point, unless otherwise agreed. The provisions of this subparagraph do not apply for the purposes of taking off, flying over calibration targets, or landing by the ob- servation aircraft. 5.In the event that the mission plan filed by the observing Party prov- ides for flights through hazardous airspace, the observed Party shall: (A)specify the hazard to the observation aircraft; (B)facilitate the conduct of the observation flight by co-ordination or suppression of the activity specified pursuant to subparagraph (A) of this paragraph; or (C)propose an alternative flight altitude, route, or time. 6.No later than four hours after submission of the mission plan, the observed Party shall accept the mission plan or propose changes to it in accordance with Article VIII, Section I, paragraph 4 and paragraph 5 of this Section. Such changes shall not preclude observation of any point on the entire territory of the observed Party, including areas designated by the observed Party as hazardous airspace in the source specified in An- nex I to this Treaty. Upon agreement, the mission plan shall be signed by the observing and observed Parties. In the event that the Parties do not reach agreement on the mission plan within eight hours of the submission of the original mission plan, the observing Party shall have the right to decline to conduct the observation flight in accordance with the provi- sions of Article VIII of this Treaty. 7.If the planned route of the observation flight approaches the border of other States Parties or other States, the observed Party may notify that State or those States of the estimated route, date and time of the observa- tion flight. 8.On the basis of the agreed mission plan the State Party providing the observation aircraft shall, in co-ordination with the other State Party, file the flight plan immediately, which shall have the content specified in 2 to the Convention on and shall be in the format specified by Document No. 4444-RAC/501/12, "Ru- les of the Air and ", as revised or amended. 1.In the event that the observation aircraft is provided by the obser- ving Party, the observed Party shall have the right to have on board the observation aircraft two flight monitors and one interpreter, in addition to one flight monitor for each sensor control station on board the observa- tion aircraft, unless otherwise agreed. Flight monitors and interpreters shall have the rights and obligations specified in to this Treaty. 2.Notwithstanding paragraph 1 of this Section, in the event that an ob- serving Party uses an observation aircraft which has a maximum take-off gross weight of no more than 35,000 kilograms for an observation flight distance of no more than 1,500 kilometres as notified in accordance with Section I, paragraph 5, subparagraph (G) of this Article, it shall be obli- ged to accept only two flight monitors and one interpreter on board the observation aircraft, unless otherwise agreed. 3.In the event that the observation aircraft is provided by the observed Party, the observed Party shall permit the personnel of the observing Par- ty to to the point of entry of the observed Party in the most expedi- tious . The personnel of the observing Party may elect to to the point of entry using ground, sea, or air transportation, including transportation by an aircraft owned by any State Party. Procedures regar- ding such are set forth in to this Treaty. 4.In the event that the observation aircraft is provided by the observed Party, the observing Party shall have the right to have on board the ob- servation aircraft two flight representatives and one interpreter, in addi- tion to one flight representative for each sensor control station on the aircraft, unless otherwise agreed. Flight representatives and interpreters shall have the rights and obligations set forth in to this Treaty. 5.In the event that the observing State Party provides an observation aircraft designated by a State Party other than the observing or observed Party, the observing Party shall have the right to have on board the ob- servation aircraft two representatives and one interpreter, in addition to one representative for each sensor control station on the aircraft, unless In this case, the provisions on flight monitors set forth in paragraph 1 of this Section shall also apply. preters shall have the rights and obligations set forth in to this 1.Transit flights conducted by an observing Party to and from the ter- ritory of an observed Party for the purposes of this Treaty shall originate on the territory of the observing Party or of another State Party. 2.Each State Party shall accept transit flights. Such transit flights shall be conducted along internationally recognized rou- tes, unless otherwise agreed by the States Parties involved, and in accor- dance with the instructions of the national air traffic control authorities of each State Party whose airspace is transited. The observing Party shall notify each State Party whose airspace is to be transited at the same time that it notifies the observed Party in accordance with Article VI. 3.The operation of sensors on an observation aircraft during transit flights is prohibited. In the event that, during the transit flight, the obser- vation aircraft lands on the territory of a State Party, that State Party shall, upon landing and prior to departure, inspect the covers of sensor apertures or other devices that inhibit the operation of sensors to confirm that they are in their proper position. PROHIBITIONS, DEVIATIONS FROM FLIGHT PLANS AND SECTION I. PROHIBITION OF OBSERVATION FLIGHTS AND CHANGES TO MISSION PLANS 1.The observed Party shall have the right to prohibit an observation flight that is not in compliance with the provisions of this Treaty. 2.The observed Party shall have the right to prohibit an observation flight prior to its commencement in the event that the observing Party fails to arrive at the point of entry within 24 hours after the estimated time of arrival specified in the notification provided in accordance with Article VI, Section I, paragraph 5, unless otherwise agreed between the States Parties involved. 3.In the event that an observed State Party prohibits an observation flight pursuant to this Article or , it shall immediately state the facts for the prohibition in the mission plan. Within seven days the ob- served Party shall provide to all States Parties, through diplomatic chan- nels, a written explanation for this prohibition in the mission report pro- vided pursuant to Article VI, Section I, paragraph 21. flight that has been prohibited shall not be counted against the quota of either State Party. 4.The observed Party shall have the right to propose changes to the mission plan as a result of any of the following circumstances: (A)the weather conditions affect flight safety; (B)the status of the Open Skies airfield to be used, alternate air- fields, or refuelling airfields prevents their use; or (C)the mission plan is inconsistent with Article VI, Section II, pa- ragraphs 2 and 4. 5.In the event that the observing Party disagrees with the proposed changes to the mission plan, it shall have the right to submit alternatives to the proposed changes. In the event that agreement on a mission plan is not reached within eight hours of the submission of the original mission plan, and if the observing Party considers the changes to the mission plan to be prejudicial to its rights under this Treaty with respect to the conduct of the observation flight, the observing Party shall have the right to dec- line to conduct the observation flight, which shall not be recorded against the quota of either State Party. 6.In the event that an observing Party declines to conduct an observa- tion flight pursuant to this Article or , it shall immediately prov- ide an explanation of its decision in the mission plan prior to the departu- re of the observing Party. Within seven days after departure of the obser- ving Party, the observing Party shall provide to all other States Parties, through diplomatic channels, a written explanation for this decision in the mission report provided pursuant to Article VI, Section I, paragraph 21. DEVIATIONS FROM THE FLIGHT PLAN 1.Deviations from the flight plan shall be permitted during the obser- vation flight if necessitated by: (A)weather conditions affecting flight safety; (B)technical difficulties relating to the observation aircraft; (C)a emergency of any person on board; or (D)air traffic control instructions related to circumstances brought about by force majeure. 2.In addition, if weather conditions prevent effective use of optical sensors and infra-red line-scanning devices, deviations shall be permit- ted, provided that: (A)flight safety requirements are met; (B)in cases where national rules so require, permission is granted by air traffic control authorities; and (C)the performance of the sensors does not exceed the capabilities specified in Article IV, paragraph 2, unless otherwise agreed.