prop · GP03157 · 2002-03-14 00:00:00 — shall be subject to ratification by each State Party in accordance with its constitutional procedures. Instruments of ratification and instruments of accession shall be deposited with the Government of or the Government of the Republic of or both, hereby designated the Depositaries. shall be registered by the Depo- sitaries pursuant to Article 102 of the Charter of the United Nations. shall enter into force 60 days after the deposit of 20 in- struments of ratification, including those of the Depositaries, and of Sta- tes Parties whose individual allocation of passive quotas as set forth in is eight or more. 3.This Treaty shall be open for signature by Armenia, , , , , , , and and shall be subject to ratification by them. of these Sta- tes which do not sign this Treaty before it enters into force in accordance with the provisions of paragraph 2 of this Article may accede to it at any time by depositing an instrument of accession with one of the Depositari- es. 4.For six months after entry into force of this Treaty, any other State participating in the Conference on Security and Co operation in Europe may apply for accession by submitting a written request to one of the Depositaries. The Depositary receiving such a request shall circulate it promptly to all States Parties. The States applying for accession to this Treaty may also, if they so wish, request an allocation of a passive quota and the level of this quota. The matter shall be considered at the next regular meeting of the Open Skies Consultative Commission and decided in due course. 5.Following six months after entry into force of this Treaty, the Open Skies Consultative Commission may consider the accession to this Trea- ty of any State which, in the judgement of the Commission, is able and willing to contribute to the objectives of this Treaty. 6.For any State which has not deposited an instrument of ratification by the time of entry into force, but which subsequently ratifies or accedes to this Treaty, this Treaty shall enter into force 60 days after the date of deposit of its instrument of ratification or accession. 7.The Depositaries shall promptly inform all States Parties of: (A)the date of deposit of each instrument of ratification and the date of entry into force of this Treaty; (B)the date of an application for accession, the name of the reques- ting State and the result of the procedure; (C)the date of deposit of each instrument of accession and the date of entry into force of this Treaty for each State that subsequently accedes to it; (D)the convening of a conference pursuant to Articles XV and XVI; (E)any withdrawal in accordance with Article XV and its effective date; (F)the date of entry into force of any amendments to this Treaty; and (G)any other matters of which the Depositaries are required by this Treaty to inform the States Parties. PROVISIONAL APPLICATION AND PHASING OF IMPLEMENTATION OF THE TREATY In order to facilitate the implementation of this Treaty, certain of its pro- visions shall be provisionally applied and others shall be implemented in phases. SECTION I. PROVISIONAL APPLICATION 1.Without detriment to Article XVII, the signatory States shall provi- sionally apply the following provisions of this Treaty: (A)Article VI, Section I, paragraph 4; (B)Article X, paragraphs 1, 2, 3, 6 and 7; (C)Article XI; (D)Article XIII, Section I, paragraphs 1 and 2; (E)Article XIV; and (F), Section I. 2.This provisional application shall be effective for a period of 12 months from the date when this Treaty is opened for signature. In the event that this Treaty does not enter into force before the period of provi- sional application expires, that period may be extended if all the signato- ry States so decide. The period of provisional application shall in any event terminate when this Treaty enters into force. However, the States Parties may then decide to extend the period of provisional application in respect of signatory States that have not ratified this Treaty. 1.After entry into force, this Treaty shall be implemented in phases in accordance with the provisions set forth in this Section. The provisions of paragraphs 2 to 6 of this Section shall apply during the period from entry into force of this Treaty until of the third year follo- wing the year during which entry into force takes place. 2.Notwithstanding the provisions of Article IV, paragraph 1, no State Party shall during the period specified in paragraph 1 above use an infra- red line-scanning device if one is installed on an observation aircraft, unless otherwise agreed between the observing and observed Parties. Such sensors shall not be subject to certification in accordance with An- nex D. If it is difficult to remove such sensor from the observation air- craft, then it shall have covers or other devices that inhibit its operation in accordance with the provisions of Article IV, paragraph 4 during the conduct of observation flights. 3.Notwithstanding the provisions of Article IV, paragraph 9, no State Party shall, during the period specified in paragraph 1 of this Section, be obliged to provide an observation aircraft equipped with sensors from each sensor category, at the maximum capability and in the numbers spe- cified in Article IV, paragraph 2, provided that the observation aircraft is equipped with: (A)a single optical panoramic camera; or (B) not less than a pair of optical framing cameras. Notwithstanding the provisions of , Section II, paragraph 2, subparagraph (A) to this Treaty, data recording media shall be annotated with data in accordance with existing practice of States Parties during the period specified in paragraph 1 of this Section. 5.Notwithstanding the provisions of Article VI, Section I, paragraph 1, no State Party during the period specified in paragraph 1 of this Section shall have the right to be provided with an aircraft capable of achieving any specified unrefuelled range. 6.During the period specified in paragraph 1 of this Section, the distri- bution of quotas shall be established in accordance with the provi- sions of , Section II, paragraph 2 to this Treaty. 7.Further phasing in respect of the introduction of additional categori- es of sensors or improvements to the capabilities of existing categories of sensors shall be addressed by the Open Skies Consultative Commission in accordance with the provisions of Article IV, paragraph 3 concerning such introduction or improvement. The originals of this Treaty, of which the English, French, German, Itali- an, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the Depositaries. Duly certified copies of this Treaty shall be transmitted by the Depositaries to all the States Parties. QUOTAS AND MAXIMUM FLIGHT DISTANCES SECTION I. ALLOCATION OF PASSIVE QUOTAS The allocation of individual passive quotas is set forth as follows and shall be effective only for those States Parties having ratified the Treaty: For the Federal Republic of For the Republic of and the Russian Federation group of States Parties For the Republic of For the Kingdom of For the Kingdom of For the French Republic For the of and Northern For the Hellenic Republic For the Republic of For the Republic of For the Italian Republic For the Kingdom of For the Republic of For the Portuguese Republic For the Czech and Slovak Federal Republic For the Republic of In the event that an additional State ratifies or accedes to the Treaty in accordance with the provisions of Article XVII and Article X, para- graph 4, subparagraph (C), and taking into account Article X, paragraph 4, subparagraph (D), an allocation of passive quotas to such a State shall be considered during the regular session of the Open Skies Consultative Commission following the date of deposit of its instrument of ratification or accession. FIRST DISTRIBUTION OF QUOTAS FOR The first distribution of quotas pursuant to Article III, Section I, paragraph 6 of the Treaty shall be such that each State Party shall be obliged to accept over its territory a number of observation flights no greater than 75 per cent, rounded down to the nearest whole number, of the individual passive quota allocated as set forth in Section I, paragraph 1 of this . On this basis, and for those States Parties which have conducted negotiations in the framework of the in , the first distribution in respect of each other shall be valid from the date of entry into force of the Treaty until follo- wing the year during which the Treaty has entered into force and shall be effective only for those States Parties having ratified the Treaty. This first distribution is set forth as follows: The Federal Republic of have the right to conduct three observation flights over the territory of the Republic of and group of States Parties, and one observation flight over the territory of ; The of have the right to conduct eight ob- servation flights over the territory of the Republic of and group of States Parties, and one observation flight, shared with , over the territory of ; The Republic of and group of States Parties shall have the right to conduct two observation flights over the territory of , as referred to in Article XIV of the Treaty, two ob- servation flights over the territory of , two observation flights over the territory of the Kingdom of , three observation flights over the territory of the French Republic, three observation flights over the territory of the Federal Republic of , one observation flight over the territory of the Hellenic Republic, two observation flights over the territory of the Italian Republic, two observation flights over the terri- tory of the Kingdom of , two observation flights over the territo- ry of the Republic of , three observation flights over the territory of the of and Northern , and four observation flights over the territory of the of ; The Kingdom of , the Grand Duchy of and the Kingdom of the , referred to as the , shall have the right to conduct one observation flight over the territory of the Republic of and group of States Parties, and one observation flight over the territory of the Republic of ; The Republic of have the right to conduct one observa- tion flight over the territory of the Hellenic Republic, one observation flight over the territory of the Italian Republic, and one observation flight over the territory of the Republic of ; have the right to conduct two observation flights over the territory of the Republic of and group of States Parties, one observation flight over the territory of the Czech and Slovak Federal Republic, one observation flight over the territory of the Republic of , and one observation flight, shared with the of , over the territory of ; The Kingdom of have the right to conduct one observa- tion flight over the territory of the Republic of and group of States Parties, and one observation flight over the territory of the Republic of ; The Kingdom of have the right to conduct one observation flight over the territory of the Czech and Slovak Federal Republic; The French Republic shall have the right to conduct three observation flights over the territory of the Republic of and the Russian Fe- deration group of States Parties, and one observation flight over the terri- tory of ; The of and Northern have the right to conduct three observation flights over the territory of the Re- public of and group of States Parties, and one observation flight over the territory of ; The Hellenic Republic shall have the right to conduct one observation flight over the territory of the Republic of , and one observation flight over the territory of ; The Republic of have the right to conduct one observa- tion flight over the territory of , and one observation flight over the territory of ; The Italian Republic shall have the right to conduct two observation flights over the territory of the Republic of and the Russian Fe- deration group of States Parties, one observation flight over the territory of the Republic of , and one observation flight, shared with the Republic of , over the territory of ; The Kingdom of have the right to conduct two observa- tion flights over the territory of the Republic of and group of States Parties and one observation flight over the territory of the Republic of ; The Republic of have the right to conduct one observation flight over the territory of the Federal Republic of , one obser- vation flight over the territory of the Republic of and the Russian Federation group of States Parties, and one observation flight over the shall have the right to conduct one observation flight over the territory of the Republic of , one observation flight over the territory of the Hellenic Republic, one observation flight over the territory of the Republic of , and one observation flight over the The Czech and Slovak Federal Republic shall have the right to conduct one observation flight over the territory of the Federal Republic of Ger- many, and one observation flight over the territory of ; The Republic of have the right to conduct two observa- tion flights over the territory of the Republic of and the Russian Federation group of States Parties, one observation flight over the territo- ry of the Republic of and two observation flights, one of which is shared with the Italian Republic, over the territory of ; have the right to conduct one observation flight over the territory of the Czech and Slovak Federal Republic, one observation flight over the territory of the Republic of , one observation flight over the territory of the Republic of , one observation flight over the territory of , and two observation flights over the terri- tory of the Republic of . 2.Following this first distribution and until the date of full implemen- tation of the Treaty specified in Article XVIII to that effect for the use of quotas, annual distributions shall be based on the 75 per cent rule established in paragraph 1 of this Section in relation to the allocation of individual passive quotas. 3.From the date of full implementation of the Treaty each State Party shall accept during subsequent distributions of quotas over its ter- ritory, if so requested, a number of observation flights up to the full amount of its individual passive quota. Whenever possible or requested and unless otherwise agreed, those distributions shall be based on a pro- portionate increase of the quotas distributed in the first distribu- tion. 4.In the event that an additional State ratifies or accedes to the Treaty in accordance with the provisions of Article XVII, the distribution of quotas to such State shall be considered during the regular session of the Open Skies Consultative Commission following the date of the deposit of its instrument of ratification or accession, subject to the follo- wing provisions: (A)the ratifying or acceding State shall have the right to request ob- servation flights over the territories of States Parties within the passive quota allocated to that State in accordance with the pro- visions of Section I, paragraph 3 of this , and within the passive quotas of the States Parties requested for observation flights, unless otherwise agreed by the States Parties involved; and (B)all States Parties shall have at the same time the right to request observation flights over the territory of that signing or acceding State within their quotas and within the passive quota allocated to that State. MAXIMUM FLIGHT DISTANCES OF OBSERVA- The maximum flight distances of observation flights over the territories of observed Parties commencing from each Open Skies airfield are as The Federal Republic of The Republic of and group of States Par- ties NICE-COTE D'AZUR The of and Northern with CRETE, , The Czech and Slovak Federal Republic SECTION I. TECHNICAL INFORMATION 1.Pursuant to Article IV, paragraph 10, each State Party shall inform all other States Parties of the applicable technical information listed in this Section on each sensor installed on the observation aircraft designa- ted by that State Party pursuant to Article V of the Treaty. 2.The following technical information shall be provided for optical panoramic and framing cameras: (A)type and model; (B)field of view along and across the flight path, or scan , in degrees; (C)frame size, in millimetres by millimetres; (D)exposure times, in seconds; (E)types and colours of optical filters used and their filter factor; (F)for each lens: (1)name; (2)focal length, in millimetres; (3)maximum relative aperture of the lens; (4)resolving power at a contrast ratio of 1000 to 1 or the equiva- lent modulation of 1.0, at the maximum relative aperture, in li- nes per millimetre; (G)minimum and maximum photographic time intervals, in se- conds, or cycle rates, in frames per second, if applicable; (H)maximum velocity over height ratio, if applicable; (I)for optical framing cameras, the maximum angle measured from the horizontal, or the minimum angle measured from the verti- cal, in degrees; and (J)maximum altitude for operation in metres, if applicable. 3.The following technical information shall be provided for video ca- meras: (A)type and model; (B)field of view, along and across the flight path, in degrees; (C)for the lens: (1)focal length, in millimetres; (2)maximum relative aperture; (3)resolving power at a contrast ratio of 1000 to 1 or the equiva- lent modulation of 1.0, at the maximum relative aperture, in li- nes per millimetre; (D)detector element size, in micrometres, or equivalent information on the tube; (E)number of detector elements; (F)system light sensitivity, in lux or watts per square centimetre; and (G)spectral bandwidth, in nanometres. 4.The following technical information shall be provided for infrared line-scanning devices: (A)type and model; (B) field of view or scan , in degrees; (C) minimum instantaneous field of view, along and across the flight path, in milliradians; (D)spectral bandwidth, in micrometres; (E)minimum resolvable temperature difference, in degrees ; (F)temperature of detector during operation, in degrees ; (G)time required from switch-on for the system to start up and cool down to its normal operating temperature, in minutes; (H)maximum operating time, if applicable; (I)maximum velocity over height ratio; and (J)maximum altitude for operation in metres, if applicable. 5.The following technical information shall be provided for sideways- looking synthetic aperture radar: (A)type and model; (B)radar frequency bands, and specific operating frequency, in me- gahertz; (C)polarisations; (D)number of radar pulses, per metre or second; (E)near range angular limit of operation, in degrees from vertical; (F)swath width, in kilometres; (G)ground resolution in range and azimuth, in the slant plane, in metres; (H)maximum altitude for operation in metres, if applicable; and (I)transmitter output power, in watts. 6.The following technical information shall be provided for sensors that record data on photographic film: (A)the types of film that may be used with each sensor; (B)width of film, in millimetres; (C)film resolution at a contrast ratio of 1000 to 1 or the equivalent modulation of 1.0, in lines per millimetre; and (D)capacity of magazine for each type of film, in metres. 7.The following technical information shall be provided for sensors that record data on other recording media: (A)type and model of the data recording equipment; (B)type and format of data recording media; (C)bandwidth, in hertz, if applicable; (D)data recording rate, in megabits per second, if applicable; (E)capacity of recording media, in minutes or megabits; and (F)format for storage of data collected by sensors and data annota- tion. The following items of information shall be annotated on data col- lected by sensors during an observation period on the leader of each roll of the original film negative or at the beginning of each other recording medium in accordance with the provisions of Appendix 1 to this : (A)observation flight reference number; (B)date of observation flight; (C)sensor description; (D)sensor configuration; and (E)focal length, if applicable. 2.The following items of information shall be recorded manually or electronically from the navigation and avionics systems of the observa- tion aircraft and annotated on data collected by sensors during an obser- vation period in a that does not obscure detail, in accordance with the provisions of Appendix 1 to this : (A)for optical cameras: (1)at the start of the observation period and at any intermediate location during the observation period where there is a signifi- cant change of height above ground level, heading or ground- speed, and at intervals to be determined by the Open Skies Con- sultative Commission within the period of provisional applica- tion: (a) height above ground level; (b) location; (c) true heading; and (d) scan angle; (2)on every frame of photographic film: (a)frame number; (b)time; and (c)roll angle; (B)for video cameras and infra-red line-scanning devices, at the start of the observation period and at any intermediate location during the observation period where there is a significant change of height above ground level, heading or groundspeed, and at in- tervals to be determined by the Open Skies Consultative Com- mission within the period of provisional application: (1) date and time; (2) height above ground level; (3) location; (4) true heading; and (5) scan angle; (C)for sideways-looking synthetic aperture radar: (1) at the start of the observation period and at any intermediate location during the observation period where there is a signifi- cant change of height above ground level, heading or ground- speed, and at intervals to be determined by the Open Skies Con- sultative Commission within the period of provisional applica- tion: (a)date and time; (b)height above ground level; (c)location; (d)true heading; (e)look down angle to the nearest point of the swath width; (f)swath width; and (g)polarisations; (2) each time they are measured in order to ensure correct pro- cessing of the image: (a)groundspeed; (b)drift; (c)pitch angle; and (d) roll angle. For copies of single frames or strips of imagery produced from the original film negative or other recording media, the items of information listed in paragraphs 1 and 2 of this Section shall be annotated on each States Parties shall have the right to annotate data collected during an observation flight using either alphanumeric values, or codes to be agreed by the Open Skies Consultative Commission during the period of ANNOTATION OF DATA COLLECTED DURING AN 1.The reference number of the observation flight shall be indicated by a single group of six alphanumeric characters in accordance with the following convention: (A)the letters ""; (B)the last digit of the calendar year for which the individual quota applies; and (C)a three-digit number to represent each individual observation flight comprising the quota distributed during the annual review within the framework of the Open Skies Consultative Commission for a calendar year to a State Party over the territo- ry of another State Party. 2.The sensor description shall be indicated by a single block of up to six alphanumeric characters comprising two groups in accordance with the following convention: (A)a group of up to four characters to represent the category of the sensor in accordance with the following convention: (1)"OP" - optical panoramic camera; (2)"OF" - optical framing camera; (3)"TV" - video camera; (4)"IRLS" - infra-red line-scanning device; or (5)"" sideways-looking synthetic aperture radar; (B)a group of two characters to represent the type of the recording medium in accordance with the following convention: (1)"BI" - black and white, iso-panchromatic; (2)"BM" - black and white, monochromatic; (3)"BP" - black and white, panchromatic; (4)"BR" - black and white, reversal;