prop · GP03157 · 2002-03-14 00:00:00 — If the observing Party is unable to demonstrate that the observation aircraft, its sensors and associated equipment correspond to those certifi- ed in accordance with the provisions of to the Treaty and that there are no items of equipment on board the observation aircraft other than those permitted by Article IV of the Treaty, and if the observing and observed Parties do not agree otherwise, the observed Party shall have the right to prohibit the observation flight pursuant to Article VIII of the Treaty. If the observation flight is prohibited, the observation aircraft shall promptly depart from the territory of the observed Party and no ob- servation flight shall be recorded against the quota of either State Party. 10.Upon completion of the pre-flight inspection of the observation aircraft and its sensors, the observed and observing Parties shall prepare a pre-flight inspection report which shall state that: (A) the observation aircraft, its sensors and associated equipment cor- respond to those certified in accordance with the provisions of to the Treaty; and (B) there are no items of equipment on board the observation aircraft other than those permitted by Article IV of the Treaty. Signature of the pre-flight inspection report by the observed Party shall signify its agreement for the observing Party to use that observation aircraft to conduct an observation flight over the territory of the observed PRE FLIGHT INSPECTION OF SENSORS OF THE 1.The purpose of the pre-flight inspection of the sensors on an obser- vation aircraft provided by the observed Party is to confirm that the sen- sors and associated equipment correspond to those certified in accordan- ce with the provisions of to the Treaty. The observing Party shall have the right to conduct a pre-flight inspection of the sensors and associated equipment installed on an observation aircraft provided by the observed Party to confirm that its sensors and associated equipment cor- respond to those certified in accordance with the provisions of to the Treaty. 2.Upon arrival of the inspectors of the observing Party at the location of the pre-flight inspection, the observing Party shall: (A) provide a list of the inspectors, the number of whom shall not ex- ceed five persons, unless otherwise agreed, including the general func- tion of each inspector; (B) provide a list of the items of equipment that the inspectors intend to use during the pre-flight inspection; and (C) inform the observed Party of its plan for the pre-flight inspection of the sensors and associated equipment on board the observation air- craft. 3.Prior to the commencement of the pre-flight inspection, a designated individual from the observed Party shall: (A) brief the observing Party on the inventory procedures that shall be followed to confirm that each item of equipment brought on board the observation aircraft by the inspectors has been removed from the obser- vation aircraft upon conclusion of the pre-flight inspection; (B) together with the inspectors, conduct an examination and inventory of each item of equipment to be used during the pre-flight inspection; and (C) brief the inspectors on all necessary safety precautions that they must observe during the pre-flight inspection of the sensors and associa- ted equipment installed on the observation aircraft. 4.The pre-flight inspection shall not begin until the completion of the formal arrival procedures and shall take no longer than eight hours. 5.The observed Party shall have the right to provide its own escorts to accompany the inspectors throughout the pre-flight inspection of the sen- sors and associated equipment on board the observation aircraft to con- firm that the inspection is conducted in accordance with the provisions of The observed Party shall facilitate the inspection of the sen- sors and associated equipment on board the observation aircraft by the inspectors in accordance with the procedures specified in , Sec- tion II, paragraph 7 to the Treaty. 6.In conducting the pre-flight inspection, the inspectors shall have the right of access to the sensors and associated equipment on board the ob- servation aircraft in the same as provided for in , Sec- tion II, paragraph 10 and shall comply with the provisions of , Section II, paragraphs 11 and 12 to the Treaty. 7.Upon completion of the pre-flight inspection, the inspectors shall leave the observation aircraft and the observed Party shall have the right to use its own inventory procedures to confirm that all items of equip- ment have been removed from the observation aircraft. If the observing Party is unable to demonstrate this to the satisfaction of the observed Par- ty, the observed Party shall have the right to prohibit the observation flight in accordance with Article VIII of the Treaty, and no observation flight shall be recorded against the quota of either State Party. 8.The inspectors shall immediately inform the observed Party if they establish that any of the sensors or associated equipment on board the observation aircraft do not correspond to those certified in accordance with the provisions of to the Treaty. If the observed Party is unable to demonstrate that the sensors or associated equipment on board the observation aircraft correspond to those certified in accordance with to the Treaty, the observing Party shall have the right to: (A)agree to use an alternative package of sensor types or capabili- ties proposed by the observed Party; (B)proceed according to the original mission plan; (C)accept a delay in the commencement of the observation flight to permit the observed Party to rectify the problem determined to exist by the observing Party pursuant to this paragraph. In the event that the problem is resolved to the satisfaction of the observing Party, the flight shall proceed according to the mis- sion plan, revised as necessary due to any delay. In the event that the problem is not rectified to the satisfaction of the obser- ving Party, the observing Party shall depart the territory of the observed Party; or (D)cancel the observation flight, and immediately depart the terri- tory of the observed Party. 9.If the observing Party leaves the territory of the observed Party not having conducted an observation flight, as provided for in paragraph 8, subparagraphs (C) and (D) of this Section, no observation flight shall be counted against the quota of either State Party. 10.Upon completion of the pre-flight inspection of the sensors and as- sociated equipment installed on the observation aircraft, the observed Party and the observing Party shall prepare a pre flight inspection report that shall state that the sensors correspond to those certified in accordan- ce with the provisions of to the Treaty. Signature of the pre- flight inspection report by the observing Party shall signify its agreement to use that observation aircraft to conduct an observation flight over the territory of the observed Party. In the event that the aircraft is provided by the observing Party, at the request of the observed Party, the observing Party shall, following the pre-flight inspection, conduct a demonstration flight to allow the inspec- tors to observe the functioning of the sensors that are to be used during the observation flight and to collect sufficient data to allow them to con- firm that the capability of those sensors is in accordance with the provi- sions of Article IV, paragraph 8 of the Treaty. 2.In the event that the aircraft is provided by the observed Party, at the request of the observing Party, the observed Party shall, following the pre-flight inspection, conduct a demonstration flight to allow the inspec- tors to observe the functioning of the sensors that are to be used during the observation flight and to collect sufficient data to allow them to con- firm that the capability of those sensors is in accordance with the provi- sions of Article IV, paragraph 9 of the Treaty. 3.In the event that either the observed or observing Party exercises its right to request a demonstration flight: (A)the demonstration flight shall be performed in accordance with the requirements of , Section III; (B)the demonstration flight shall last for no more than two hours; (C)the observed Party shall provide calibration targets in accor- dance with the specifications in Appendix 1 to to the Treaty in the vicinity of the airfield at which the pre-flight in- spection is to be conducted; (D)any delay in carrying out a request for a demonstration flight caused by weather conditions or problems with the aircraft or sensors of the observed Party shall not count against the time allocated for such flights, unless otherwise agreed; (E)the observed Party shall process the data collected by sensors at a facility in the vicinity of the airfield at which the pre flight inspection is to be conducted, in the presence of personnel of the observing Party, in accordance with the provi- sions of Article IX, Sections II and III of the Treaty; and (F)the cost of the demonstration flight, including the provision of data recording media and the processing of data, shall be dis- tributed in accordance with the provisions of , Section I, paragraph 9 to the Treaty. 4.In the event that the observed Party exercises its right to request a demonstration flight, the observing Party shall have the right to add a period of up to 24 hours to the 96 hours allowed for the conduct of the observation flight, pursuant to Article VI, Section I, paragraph 9. This shall not affect the right of other States Parties to conduct observation flights after the original period of 96 hours as provided for in Article VI, Section I, paragraph 3 of the Treaty. 5.In the event that the observing Party exercises its right to request a demonstration flight, this shall be accomplished within the period of 96 hours allowed for the conduct of the observation flight, pursuant to Artic- le VI, Section I, paragraph 9 of the Treaty. 6.In the event that the observed Party is not satisfied that the capabili- ty of any sensor installed on the observation aircraft provided by the ob- serving Party is in accordance with the provisions of Article IV, para- graph 8 of the Treaty, the observed Party shall have the right to: (A)in the case of a sensor for which ground resolution is dependent upon height above ground level, propose an alternative mini- mum height above ground level at which that sensor shall be permitted to be operated during the observation flight; (B)in the case of sensors for which ground resolution is not depen- dent upon height above ground level, prohibit the operation of that sensor during the observation flight; or (C)prohibit the observation flight pursuant to the provisions of Ar- ticle VIII of the Treaty. 7.In the event that the observing Party is not satisfied that the capabi- lity of any sensor installed on the observation aircraft provided by the observed Party is in accordance with the provisions of Article IV, para- graph 9 of the Treaty, the observing Party shall have the right to: (A)agree to use an alternative package of sensor types or capabili- ties proposed by the observed Party; (B)in the case of a sensor for which ground resolution is depen- dent upon height above ground level, propose an alternative minimum height above ground level at which that sensor shall be permitted to be operated during the observation flight; (C)in the case of sensors for which ground resolution is not de- pendent upon height above ground level, conduct the observa- tion flight as planned, and the cost of the data recording media for that sensor shall be borne by the observed Party; (D)accept a delay in the commencement of the observation flight to permit the observed Party to rectify the problem determined to exist by the observing Party. In the event that the problem is resolved to the satisfaction of the observing Party, the flight shall proceed according to the mission plan, revised as necessa- ry due to any delay. In the event that the problem is not rectifi- ed to the satisfaction of the observing Party, the observing Par- ty shall depart the territory of the observed Party; or (E)cancel the observation flight pursuant to Article VIII of the Treaty, and immediately depart the territory of the observed Party. 8.In the event that the observation flight is prohibited or cancelled by the State Party requesting the demonstration flight, no observation flight shall be counted against the quota of either State Party, and the State Par- ty requesting the demonstration flight shall convey the matter to the Open Skies Consultative Commission. FLIGHT MONITORS, FLIGHT REPRESENTATIVES, AND RE- FLIGHT MONITORS AND FLIGHT REPRESENTATI- 1.The provisions set forth in this apply to personnel de- signated in accordance with Article XIII. Each State Party shall have the right to have at any one time the number of flight monitors and flight representatives on board the observation aircraft as set forth in Article VI, Section III. The provisions of that Section shall govern their activities with respect to the organization and conduct of observation flights. Each State Party shall facilitate the activities of the flight monitors and flight representatives pursuant to this . 2.The observed Party shall appoint one of the flight monitors as chief flight monitor. The chief flight monitor shall be a national of the obser- ved Party. The observing Party shall appoint one of the flight representa- tives as chief flight representative. The chief flight representative shall be a national of the observing Party. 3.In preparing for the observation flight, flight monitors and flight re- presentatives shall have the right: (A)to acquaint themselves with the technical literature relating to the functioning and operation of the sensors and the flight ope- ration manual of the observation aircraft; and (B)to acquaint themselves with the equipment of the observation aircraft relating to the control of the flight regime and the func- tioning and operation of the sensors installed on the observa- tion aircraft. 4.Flight monitors and flight representatives shall have the right: (A)to remain on board the observation aircraft throughout the ob- servation flight, including any stops for refuelling or emergen- cies; (B)to bring on board the observation aircraft and use maps, flight charts, publications, and operations manuals; (C)to move unencumbered about the observation aircraft, inclu- ding the flight deck, during the observation flight, except for flight safety reasons. In exercising their rights, the flight moni- tors or flight representatives shall not interfere with the activi- ties of the flight crew; (D)to monitor compliance with the flight plan and to observe the flight regime of the observation aircraft and the functioning and operation of the sensors; (E)to listen to internal and external radio communications on board the aircraft and to make internal radio communications; and (F)to record the parameters of the flight regime and the functio- ning and operation of the sensors on maps, charts, and note- In addition to those rights specified in paragraph 4 of this Section, the chief flight monitor shall have the right: (A)to consult the flight crew regarding compliance with national flight rules and the provisions of the Treaty; (B)to observe the activities of the flight crew, including activities on the flight deck, during the observation flight, as well as to monitor the functioning and operation of the flight and naviga- tion instruments of the observation aircraft; (C)to provide recommendations to the flight crew regarding comp- liance with the flight plan; (D)to ask the flight crew, without interfering with their activities, for information on the flight regime; and (E)to communicate with air traffic control authorities, as appropri- ate, and to help relay and interpret communications from air traffic control authorities to flight crew and from the flight crew to the air traffic control authorities about the conduct of the observation flight; for this purpose, the chief flight monitor shall be permitted to make external radio communications using the radio equipment of the observation aircraft. 6.In the event that the chief flight monitor believes that the observa- tion aircraft is deviating from its flight plan, the chief flight monitor shall advise the flight crew and may inform the air traffic control authorities of any deviations of the observation aircraft from the flight plan that the chief flight monitor believes could threaten flight safety. 7.In addition to the rights specified in paragraph 5 of this Section, the chief flight representative shall have: (A)the rights as described in paragraph 5, subparagraphs (A), (B) and (D) of this Section with regard to the flight crew; and (B)the right, in case of deviation from the flight plan, to receive an explanation from the flight crew as to the reasons for such a deviation. 8.Flight representatives shall have the right to direct the operation of the sensors during the observation flight. In addition, upon notification to the observed Party prior to the commencement of the observation flight, flight representatives shall have the right to operate the sensors during the observation flight. In the event that the flight representatives exercise their right to operate the sensors pursuant to this paragraph, the observed Party shall not be responsible for any failure or inadequacy in the quality of the data collected by the sensors due to the operation of the sensors by the flight representatives. 1.An observing Party using an observation aircraft designated by a third State Party shall have the right to have at any one time the number of representatives on board the observation aircraft set forth in Article VI, Section III of the Treaty. 2.The observing Party shall appoint one of its representatives as chief representative. The chief representative shall have the rights of the chief flight representative as specified in Section I of this . the chief representative shall: (A)advise the pilot-in-command regarding compliance with the provisions of the Treaty; (B)have the right to monitor compliance by the observed Party with the provisions of the Treaty; and (C)have the right, in case of deviations from the flight plan, to re- ceive an explanation from the pilot-in-command as to the rea- sons for such a deviation. 3.Representatives shall have the rights of flight representatives as spe- cified in Section I of this . CO-ORDINATION OF PLANNED OBSERVATION FLIGHTS 1.In order to avoid potential time conflict regarding the conduct of ob- servation flights over the same State Party, each State Party having the right to conduct observation flights following the annual distribution of quotas may notify all other States Parties, no later than 1 Novem- ber of each year, of its plans to utilize all or part of its quota during the following year. The notification shall indicate the number of observa- tion flights that the notifying State Party plans to conduct over the territo- ry of other States Parties during each quarter of that year. 2.In no case shall the total number of observation flights planned and notified in accordance with paragraph 1 of this over the territory of any one State Party during a given quarter exceed 16. Except as provi- ded for in Article VI, Section I, paragraph 3, no State Party shall be obli- ged to accept more than one observation flight at any time during the period specified in Article VI, Section I, paragraph 9 of the Treaty. 3.States Parties that have notified, in accordance with paragraph 1 of this , their plans to utilize one or more quotas for observa- tion flights over the territory of the same State Party during a given quar- ter or quarters shall hold consultations, if necessary, to avoid any conflict in their planned observation flights. In the event that agreement on avoi- dance of conflict cannot be reached through consultation among the Sta- tes Parties involved, the issue shall be resolved by the drawing of lots by such States Parties. The first of those consultations, regarding observa- tion flights in the quarter beginning 1 January of the following year, shall begin promptly following receipt of the notification provided for in para- graph 1 of this . Subsequent consultations among the States Parties involved shall be conducted between 1 February and 15 February for the quarter beginning ; between 1 and 15 for the quarter beginning 1 ; and between 1 and 15 for the quarter beginning 1 October. The States Parties involved shall notify the resul- ting sequence of observation flights established in these consultations to all States Parties no later than , 15 February, 15 and 15 , respectively. 4.No later than seven days after the notification of the sequence of ob- servation flights established pursuant to paragraph 3 of this , each State Party shall notify all States Parties planning to conduct observation flights over its territory during that quarter of each flight for which it in- tends to exercise the right to provide its own observation aircraft. Each State Party that has not provided a notification pursuant to pa- ragraph 1 of this or has not notified its plans to utilize all of its quotas, or has not conducted an observation flight during the quar- ter for which it had notified such planned flight, shall have the right to utilize such remaining quotas, provided that such observation flights have been accommodated within the existing agreement reached pursuant to paragraph 3 of this . INFORMATION ON AIRSPACE AND FLIGHTS IN HAZARDOUS 1.No earlier than 90 days after entry into force of the Treaty, at the re- quest of any other State Party, a State Party shall provide, no later than 30 days after the receipt of such a request, the following information in accordance with provisions: (A)its airspace structure, as published in the Aeronautical Informa- tion Publication (AIP) series; (B)detailed information on all hazardous airspace; and (C)airfield information and arrival and departure procedures for each of its: (1)points of entry and points of exit; (2)Open Skies airfields; and (3)alternate airfields and refuelling airfields for its points of entry, points of exit, and Open Skies airfields. 2.Each State Party shall promptly notify States Parties that have re- quested information in accordance with the provisions of paragraph 1 of this of any changes to the information provided in accordance with paragraph 1 of this . Notwithstanding the provisions of this paragraph, Notices to Airmen (NOTAMs) need not be provided. 3.No later than 90 days after entry into force of the Treaty, each State Party shall notify all other States Parties of the source of the information to be provided in accordance with paragraph 1 of this . 1.Observation flights conducted under the provisions of the Treaty providing for the observation of the entire territory of States Parties shall not prejudice the Convention of 20 1936. 2.The routing and notification of transit flights of aircraft for the pur- pose of the Treaty falling within the scope of Article 23 of the Convention shall be governed by the provisions of that Article. INFORMATION ON FILM PROCESSORS, DUPLICATORS AND PHOTOGRAPHIC FILMS, AND PROCEDURES FOR MONITO- RING THE PROCESSING OF PHOTOGRAPHIC FILM INFORMATION ON FILM PROCESSORS, DUPLICA- 1.Pursuant to , Section II, paragraph 3, subparagraph (A) (3) to the Treaty, each State Party, when notifying other States Parties of film processors or duplicators that it intends to use to develop original film negatives or produce duplicate film positives or negatives, shall provide the following manufacturer's information: (A)the processor or duplicator name; (B)the maximum and minimum width and length, if applicable, of film which may be processed or duplicated;