| N 63-59-07 | |||
| W 022-36-20 | |||
| Entry / Exit fixes | |||
| To be determined | |||
| Refuelling airfields | |||
| Calibration targets |
State Party: The Republic of Italy
| Site | Location | Inspection of aircraft/ Sensors | |
| Points of entry / Exit | |||
| Milano-Malpensa | N 45-38-00 | Yes | |
| E 008-44-00 | |||
| Palermo-Punta | N 38-10-40 | Yes | |
| Raisi | E 013-05-20 | ||
| Open Skies airfields | |||
| Milano-Malpensa | N 45-38-00 | Yes | |
| E 008-44-00 | |||
| Palermo-Punta | N 38-10-40 | Yes | |
| Raisi | E 013-05-20 | ||
| Entry / Exit fixes | |||
| To be determined | |||
| Refuelling airfields | |||
| The above-mentioned Open Skies airfields | |||
| Calibration targets |
State Party: The Kingdom of Norway
| Site | Location | Inspection of aircraft/ Sensors | |
| Point of entry / Exit | |||
| Oslo-Gardermoen | N 60-12-10 | Yes | |
| (ENGM) | E 011-05-08 | ||
| Open Skies airfields | |||
| Oslo-Gardermoen | N 60-12-10 | Yes | |
| (ENGM) | E 011-05-08 | ||
| Tromsoe-Langnes | N 69-40-53 | No | |
| (ENTC) | E 018-55-10 | ||
| Entry / Exit fixes | |||
| To be determined | |||
| Refuelling airfields | |||
| Trondheim-Vaernes | N 63-27-29 | ||
| (ENVA) | E 010-55-33 | ||
| Calibration targets |
State Party: The Republic of Poland
| Site | Location | Inspection of aircraft/ Sensors | |
| Point of entry / Exit | |||
| Warszawa-Okecie | N 52-13-10 | Yes | |
| E 021-01-10 | |||
| Open Skies airfield | |||
| Warszawa-Okecie | N 52-13-10 | Yes | |
| E 021-01-10 | |||
| Entry / Exit fixes | |||
| To be determined | |||
| Refuelling airfields | |||
| Calibration targets |
State Party: The Portuguese Republic
| Site | Location | Inspection of aircraft/ Sensors | |
| Point of entry / Exit | |||
| Lisboa | N 38-46-22 | Yes | |
| International | W 009-07-58 | ||
| Open Skies airfields | |||
| Sta. Maria | N 36-58-22 | No | |
| W 025-10-17 | |||
| Porto Santo | N 33-04-01 | No | |
| W 016-20-44 | |||
| Entry /Exit fixes | |||
| To be determined | |||
| Refuelling airfields | |||
| Lisboa | N 38-46-22 | ||
| International | W 009-07-58 | ||
| Sta. Maria | N 36-58-22 | ||
| International | W 025-10-17 | ||
| Porto Santo | N 33-04-01 | ||
| W 016-20-44 | |||
| Calibration targets | |||
| Lisboa International | To be determined |
State Party: Romania
| Site | Location | Inspection of aircraft/ Sensors | |
| Points of entry / Exit | |||
| Bucharest-Otopeni | N 44-34-30 | Yes | |
| International Airport | E 026-05-10 | ||
| Timisoara | N 45-48-37 | Yes | |
| Airport | E 021-20-22 | ||
| Open Skies airfields | |||
| Bucharest-Otopeni | N 44-34-30 | Yes | |
| International Airport | E 026-05-10 | ||
| Timisoara | N 45-48-37 | Yes | |
| Airport | E 021-20-22 | ||
| Bacau Airport | N 46-31-19 | No | |
| E 026-54-41 | |||
| Entry / Exit fixes | |||
| To be determined | |||
| Refuelling airfields | |||
| Bucharest-Otopeni | N 44-34-30 | ||
| International Airport | E 026-05-10 | ||
| Timisoara | N 45-48-37 | ||
| Airport | E 021-20-22 | ||
| Calibration targets | |||
| Urlati | N 45-55-45 | ||
| E 026-05-11 | |||
| Dunavat | N 45-02-10 | ||
| Nord Murighiol | E 029-13-20 |
State Party: The Czech and Slovak Federal Republic
| Site | Location | Inspection of aircraft/ Sensors | |
| Point of entry / Exit | |||
| Praha | N 50-06-10 | Yes | |
| International | E 014-15-40 | ||
| Open Skies airfields | |||
| Praha | N 50-06-10 | Yes | |
| International | E 014-15-40 | ||
| Bratislava | N 49-10-10 | No | |
| International | E 017-12-50 | ||
| Kosice | N 48-40-10 | No | |
| International | E 021-14-40 | ||
| Entry / Exit fixes | |||
| To be determined | |||
| Refuelling airfields | |||
| Bratislava | N 49-10-10 | ||
| International | E 017-12-50 | ||
| Kosice | N 48-40-10 | ||
| International | E 021-14-40 | ||
| Calibration targets | |||
| Praha International | To be determined |
State Party: The Republic of Turkey
| Site | Location | Inspection of aircraft/ Sensors | |
| Points of entry / Exit | |||
| Eskisehir | N 39-47-00 | Yes | |
| E 030-35-00 | |||
| Diyarbakir | N 30-50-00 | Yes | |
| E 040-05-00 | |||
| Open Skies airfields | |||
| Eskisehir | N 39-47-00 | Yes | |
| E 030-35-00 | |||
| Diyarbakir | N 30-50-00 | Yes | |
| E 040-05-00 | |||
| Entry /Exit fixes | |||
| To be determined | |||
| Refuelling airfields | |||
| To be determined | |||
| Calibration targets | |||
| To be determined | |||
| Eskisehir | To be determined | ||
| Diyarbakir | To be determined |
State Party: Ukraine
| Site | Location | Inspection of aircraft/ Sensors | |
| Point of entry / Exit | |||
| Borispol/Kiev | N 50-20-07 | Yes | |
| E 030-53-07 | |||
| Open Skies airfield | |||
| Borispol/Kiev | N 50-20-07 | Yes | |
| E 030-53-07 | |||
| Entry / Exit fixes | |||
| To be determined | |||
| Refuelling airfields | |||
| Lvov | N 49-48-07 | ||
| E 023-57-03 | |||
| Odessa | N 46-25-06 | ||
| E 030-40-07 | |||
| Calibration targets |
1. The purpose of the pre-flight inspection of observation aircraft and sensors provided by the observing Party is to confirm that the observation aircraft, its sensors and associated equipment correspond to those certified in accordance with the provisions of Annex D to the Treaty. The observed Party shall have the right to conduct a pre-flight inspection of an observation aircraft and its sensors provided by the observing Party to confirm that:
(A) the observation aircraft, its sensors and associated equipment including, where applicable, lens and photographic film, correspond to those certified in accordance with the provisions of Annex D 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.
2. Upon arrival of the observation aircraft at the point of entry the observed Party shall:
(A) provide a list of the inspectors, the number of whom shall not exceed ten persons, unless otherwise agreed, including the general function of each of the inspectors;
(B) provide a list of the items of equipment that they intend to use during the pre-flight inspection provided for in Annex D, Section II, paragraph 5 to the Treaty; and
(C) inform the observing Party of its plan for the pre-flight inspection of the observation aircraft and its sensors.
3. Prior to the commencement of the pre-flight inspection, a designated individual from the observing Party shall:
(A) brief the observed Party on the inventory procedures which shall be followed to confirm that all inspection equipment, as well as any non-destructive-testing equipment as provided for in paragraph 7 of this Section, brought on board the observation aircraft by the inspectors has been removed from the observation 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 safety precautions that they shall observe during the pre-flight inspection of the observation aircraft and its sensors.
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 observing Party shall have the right to provide its own escorts to accompany the inspectors throughout the pre-flight inspection of the observation aircraft and its sensors to confirm that the inspection is conducted in accordance with the provisions of this Section. The observing Party shall facilitate the inspection in accordance with the procedures specified in Annex D, Section II, paragraphs 7 and 8 to the Treaty.
6. In conducting the pre-flight inspection, the inspectors shall have the right of access to the observation aircraft, its sensors and associated equipment, in the same manner as provided for in Annex D, Section II, paragraph 10, and shall comply with the provisions of Annex D, Section II, paragraphs 11 and 12 to the Treaty.
7. For the purposes of this inspection, the observed Party shall have the right to take on board and use the following non-destructive-testing equipment:
(A) video probe (borescope on video camera);
(B) X-ray and backscatter X-ray imaging equipment;
(C) ultrasonic imaging equipment;
(D) logic/data analyser;
(E) passive infra-red sensors; and
(F) 35 millimetre camera.
In addition, the observed Party shall have the right to take on board and use such other non-destructive-testing equipment as may be necessary to establish that no items of equipment are on board the observation aircraft other than those permitted by Article IV of the Treaty, as may be agreed by the Open Skies Consultative Commission prior to 30 June 1992.
8. Upon completion of the pre-flight inspection, the inspectors shall leave the observation aircraft, and the observing Party shall have the right to use its own inventory procedures to confirm that all inspection equipment used during the pre-flight inspection has been removed from the observation aircraft. If the observed Party is unable to demonstrate this to the satisfaction of the observing Party, the observing Party shall have the right to proceed with the observation flight or to cancel it, and when the observing Party is satisfied that it is safe to do so, depart from the territory of the observed Party. In the latter case, no observation flight shall be recorded against the quota of either State Party.
9. The inspectors shall immediately inform the observing Party if they establish that the observation aircraft, its sensors or associated equipment do not correspond to those certified in accordance with the provisions of Annex D to the Treaty, or that there are items of equipment on board the observation aircraft other than those permitted by Article IV of the Treaty. If the observing Party is unable to demonstrate that the observation aircraft, its sensors and associated equipment correspond to those certified in accordance with the provisions of Annex D 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 observation 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 correspond to those certified in accordance with the provisions of Annex D 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.
11. 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 Party.
1. The purpose of the pre-flight inspection of the sensors on an observation aircraft provided by the observed Party is to confirm that the sensors and associated equipment correspond to those certified in accordance with the provisions of Annex D 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 correspond to those certified in accordance with the provisions of Annex D 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 exceed five persons, unless otherwise agreed, including the general function 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 aircraft.
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 observation 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 associated 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 sensors and associated equipment on board the observation aircraft to confirm that the inspection is conducted in accordance with the provisions of this Section. The observed Party shall facilitate the inspection of the sensors and associated equipment on board the observation aircraft by the inspectors in accordance with the procedures specified in Annex D, Section 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 observation aircraft in the same manner as provided for in Annex D, Section II, paragraph 10 and shall comply with the provisions of Annex D, 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 equipment have been removed from the observation aircraft. If the observing Party is unable to demonstrate this to the satisfaction of the observed Party, 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 Annex D 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 Annex D to the Treaty, the observing Party shall have the right to:
(A) agree to use an alternative package of sensor types or capabilities 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 mission plan, revised as necessary due to any delay. In the event that the problem is not rectified to the satisfaction of the observing Party, the observing Party shall depart the territory of the observed Party; or
(D) cancel the observation flight, and immediately depart the territory 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 associated 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 accordance with the provisions of Annex D 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.
1. 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 inspectors 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 confirm that the capability of those sensors is in accordance with the provisions 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 inspectors 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 confirm that the capability of those sensors is in accordance with the provisions 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 Annex D, Section III;
(B) the demonstration flight shall last for no more than two hours;
(C) the observed Party shall provide calibration targets in accordance with the specifications in Appendix 1 to Annex D to the Treaty in the vicinity of the airfield at which the pre-flight inspection 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 provisions 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 distributed in accordance with the provisions of Annex L, 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 Article VI, Section I, paragraph 9 of the Treaty.
6. In the event that the observed Party is not satisfied that the capability of any sensor installed on the observation aircraft provided by the observing Party is in accordance with the provisions of Article IV, paragraph 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 minimum 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 dependent 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 Article VIII of the Treaty.
7. In the event that the observing Party is not satisfied that the capability of any sensor installed on the observation aircraft provided by the observed Party is in accordance with the provisions of Article IV, paragraph 9 of the Treaty, the observing Party shall have the right to:
(A) agree to use an alternative package of sensor types or capabilities proposed by the observed Party;
(B) in the case of a sensor for which ground resolution is dependent 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 dependent upon height above ground level, conduct the observation 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 necessary due to any delay. In the event that the problem is not rectified to the satisfaction of the observing Party, the observing Party 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 Party requesting the demonstration flight shall convey the matter to the Open Skies Consultative Commission.
1. The provisions set forth in this Annex shall apply to personnel designated 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 Annex.
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 observed Party. The observing Party shall appoint one of the flight representatives 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 representatives shall have the right:
(A) to acquaint themselves with the technical literature relating to the functioning and operation of the sensors and the flight operation 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 functioning and operation of the sensors installed on the observation aircraft.
4. Flight monitors and flight representatives shall have the right:
(A) to remain on board the observation aircraft throughout the observation flight, including any stops for refuelling or emergencies;
(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, including the flight deck, during the observation flight, except for flight safety reasons. In exercising their rights, the flight monitors or flight representatives shall not interfere with the activities 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 functioning and operation of the sensors on maps, charts, and notepads.
5. 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 navigation instruments of the observation aircraft;
(C) to provide recommendations to the flight crew regarding compliance 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 appropriate, 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 observation 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 Annex. In addition, 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 receive an explanation from the pilot-in-command as to the reasons for such a deviation.
3. Representatives shall have the rights of flight representatives as specified in Section I of this Annex.
1. In order to avoid potential time conflict regarding the conduct of observation flights over the same State Party, each State Party having the right to conduct observation flights following the annual distribution of active quotas may notify all other States Parties, no later than 1 November of each year, of its plans to utilize all or part of its active quota during the following year. The notification shall indicate the number of observation flights that the notifying State Party plans to conduct over the territory 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 Annex over the territory of any one State Party during a given quarter exceed 16. Except as provided for in Article VI, Section I, paragraph 3, no State Party shall be obliged 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 Annex, their plans to utilize one or more active quotas for observation flights over the territory of the same State Party during a given quarter or quarters shall hold consultations, if necessary, to avoid any conflict in their planned observation flights. In the event that agreement on avoidance of conflict cannot be reached through consultation among the States Parties involved, the issue shall be resolved by the drawing of lots by such States Parties. The first of those consultations, regarding observation flights in the quarter beginning 1 January of the following year, shall begin promptly following receipt of the notification provided for in paragraph 1 of this Annex. Subsequent consultations among the States Parties involved shall be conducted between 1 February and 15 February for the quarter beginning 1 April; between 1 May and 15 May for the quarter beginning 1 July; and between 1 August and 15 August for the quarter beginning 1 October. The States Parties involved shall notify the resulting sequence of observation flights established in these consultations to all States Parties no later than 15 November, 15 February, 15 May and 15 August, respectively.
4. No later than seven days after the notification of the sequence of observation flights established pursuant to paragraph 3 of this Annex, 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 intends to exercise the right to provide its own observation aircraft.
5. Each State Party that has not provided a notification pursuant to paragraph 1 of this Annex or has not notified its plans to utilize all of its active quotas, or has not conducted an observation flight during the quarter for which it had notified such planned flight, shall have the right to utilize such remaining active quotas, provided that such observation flights have been accommodated within the existing agreement reached pursuant to paragraph 3 of this Annex.
1. No earlier than 90 days after entry into force of the Treaty, at the request 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 ICAO provisions:
(A) its airspace structure, as published in the Aeronautical Information 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 requested information in accordance with the provisions of paragraph 1 of this Annex of any changes to the information provided in accordance with paragraph 1 of this Annex. 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 Annex.
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 Montreux Convention of 20 July 1936.
2. The routing and notification of transit flights of aircraft for the purpose of the Treaty falling within the scope of Article 23 of the Montreux Convention shall be governed by the provisions of that Article.
1. Pursuant to Annex D, 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;
(C) each type of film that may be processed or duplicated in that film processor; and
(D) each step in the process, including the range of exposure, temperature, duration, recommended film transport speed, chemicals and chemical mixes, for each type of film.
2. Pursuant to Annex D, Section II, paragraph 3, subparagraph (A) (2) to the Treaty, each State Party, when providing information on the types of black and white aerial film that it intends to use to collect data during the in-flight examination or an observation flight, or to duplicate such data, shall provide the following manufacturer’s information, for each type of aerial film that may be processed or duplicated by means of the film processors or duplicators referred to in paragraph 1 of this Section, as necessary to confirm the capabilities of the film. Depending upon national practices of the film manufacturer, such information may include:
(A) effective film speed;
(B) resolution/modulation
(C) spectral sensitivity; and
(D) optical specular density or sensitometric characteristics.
3. For the purposes of determining the sensitometric characteristics of aerial film materials in accordance with its own national methodology, each State Party shall have the right to receive, upon request, unexposed samples of all types of photographic film to be used as data recording media, the chemicals for processing them, and to receive instructions for processing and duplication of such photographic films. Such samples and instructions shall be provided no later than 30 days after receipt of such a request.
1. States Parties taking part in the certification of an observation aircraft and its sensors shall have the right to monitor the processing and duplication of the aerial film used during the in-flight examination. Personnel of the observed and observing Party shall have the right to monitor the processing and duplication of the aerial film used during a demonstration and observation flight.
2. While monitoring the processing and duplication of aerial film, the States Parties shall have the right to bring with them and use, in a manner that does not disrupt the processing or duplication of the film, the following equipment:
(A) litmus papers;
(B) thermometers;
(C) chemical test equipment, including pH meters and hydrometers;
(D) stopwatches;
(E) sensitometers;
(F) densitometers; and
(G) 21-step sensitometric test strips and optical wedges.
3. Prior to the processing of the films exposed during the in-flight examination, demonstration flight and observation flight, States Parties shall check the film processing equipment and chemicals by processing a 21-step sensitometric test strip or exposing and processing a 21-step optical wedge to confirm that the sensitometric data for the processing of that type of film using that film process meets the specifications provided pursuant to Section I of this Annex. Unless otherwise agreed, the original or duplicate aerial film negatives or positives shall not be processed or duplicated until the processing of the 21-step sensitometric test strip or exposing and processing of the 21-step optical wedge meets the characteristics provided in accordance with the provisions of Section I of this Annex for that type of aerial film and film processor or duplicator.
4. Prior to the processing of the films exposed during the in-flight examination, demonstration flight and observation flight, States Parties shall have the right to check the film processing equipment and chemicals by exposing and processing a test film of the same type used during the in-flight examination, demonstration flight and observation flight to confirm that the washing and fixing process is suitable for the purposes of permanent archive storage.
Procedures and other provisions relating to the Open Skies Consultative Commission are established in this Annex pursuant to Article X of the Treaty.
1. The Open Skies Consultative Commission shall be composed of representatives designated by each State Party. Alternates, advisers and experts of a State Party may take part in the proceedings of the Open Skies Consultative Commission as deemed necessary by that State Party.
2. The initial session of the Open Skies Consultative Commission shall open within 60 days of the signature of the Treaty. The Chairman of the opening meeting shall be the representative of Canada.
3. The Open Skies Consultative Commission shall meet for no fewer than four regular sessions per calendar year unless it decides otherwise. Extraordinary sessions shall be convened at the request of one or more States Parties by the Chairman of the Open Skies Consultative Commission, who shall promptly inform all other States Parties of the request. Such sessions shall open no later than 15 days after receipt of such a request by the Chairman.
4. Sessions of the Open Skies Consultative Commission shall last no longer than four weeks, unless it decides otherwise.
5. States Parties shall assume in rotation, determined by alphabetical order in the French language, the chairmanship of the Open Skies Consultative Commission. Each Chairman shall serve from the opening of a session until the opening of the following session, unless otherwise agreed.
6. Representatives at meetings shall be seated in alphabetical order of the States Parties in the French language.
7. The working languages of the Open Skies Consultative Commission shall be English, French, German, Italian, Russian and Spanish.
8. The proceedings of the Open Skies Consultative Commission shall be confidential, unless otherwise agreed. The Open Skies Consultative Commission may agree to make its proceedings or decisions public.
9. During the period of provisional application, and prior to 30 June 1992, the Open Skies Consultative Commission shall settle the distribution of costs arising under the Treaty. It shall also settle as soon as possible the scale of distribution for the common expenses associated with the operation of the Open Skies Consultative Commission.
10. During the period of provisional application of the Treaty the Open Skies Consultative Commission shall develop a document relating to notifications and reports required by the Treaty. Such document shall list all such notifications and reports and shall include appropriate formats as necessary.
11. The Open Skies Consultative Commission shall work out or revise, as necessary, its rules of procedure and working methods.
Procedures for the annual review of active quotas as foreseen in Article III, Section I, paragraph 7 of the Treaty shall be as follows:
1. States Parties wishing to modify all or part of the past year’s distribution with respect to their active quota shall notify all other States Parties and the Open Skies Consultative Commission, by 1 October of each year, of those States Parties over which they wish to conduct their observation flights during the next calendar year. Such proposed modifications shall be considered by the States Parties during this review, according to the rules set forth in the following paragraphs of this Section.
2. If the requests for observation flights over the territory of any given State Party do not exceed its passive quota, then the distribution shall be established as requested, and presented to the Open Skies Consultative Commission for approval.
3. If the requests for observation flights over the territory of any given State Party exceed its passive quota, then the distribution shall be established by general agreement among the interested States Parties, and presented to the Open Skies Consultative Commission for approval.
1. The Open Skies Consultative Commission shall consider requests from the bodies of the Conference on Security and Co-operation in Europe authorized to deal with respect to conflict prevention and crisis management and from other relevant international organizations to facilitate the organization and conduct of extraordinary observation flights over the territory of a State Party with its consent.
2. The data resulting from such observation flights shall be made available to the bodies and organizations concerned.
3. Notwithstanding any other provision of the Treaty, States Parties may agree on a bilateral and voluntary basis to conduct observation flights over the territory of each other following the procedures regarding the conduct of observation flights. Unless otherwise agreed by the States Parties concerned, the data resulting from such observation flights shall be made available to the Open Skies Consultative Commission.
4. Observation flights conducted under the provisions of this Section shall not be counted against the active or passive quotas of the States Parties involved.
1. States Parties may raise for consideration in the Open Skies Consultative Commission proposals for the use of the Open Skies regime in additional specific fields, such as the environment.
2. The Open Skies Consultative Commission may take decisions on such proposals or, if necessary, may refer them to the first and subsequent conferences called to review the implementation of the Treaty, in accordance with the provisions of Article XVI, paragraph 3 of the Treaty.”
3. § (1) Ez a törvény a kihirdetését követő nyolcadik napon lép hatályba.
(2) A törvény végrehajtásáról a külügyminiszter, a honvédelmi miniszter, a belügyminiszter, a pénzügyminiszter, valamint a gazdasági és közlekedési miniszter gondoskodik.
