426-(52)

II SÉRIE-A — NÚMERO 22

SECTION XII Inspection reports

1 — In order to complete an inspection carried out in accordance with section vh, vm, ix or x of this Protocol, and before leaving the inspection site:

A) The inspection team shall provide the escort team with a written report; and

B) The escort team shall have the right to include its written comments in the inspection report and shall countersign the report within one hour after having received the report from the inspection team, unless an extension has been agreed between the inspection team and the escort team.

2 — The report shall be signed by the inspection team leader and receipt acknowledged in writing by the leader of the escort team.

3 — The report shall be factual and standardised. Formats for each type of inspection shall be agreed by the Joint Consultative Group prior to entry into force of the Treaty, taking into account paragraphs 4 and 5 of this section.

4 — Reports of inspections conducted pursuant to sections vn and vm of this Protocol shall include:

A) The inspection site;

B) The date and time of arrival of the inspection team at the inspection site;

Q The date and time of departure of the inspection team from the inspection site; and

D) The number and type, model or version of any battle tanks, armoured combat vehicles, artillery, combat aircraft, combat helicopters, reclassified combat-capable trainer aircraft, armoured personnel carrier look-alikes, armoured infantry fighting vehicle look-alikes or or-moured vehicle launched bridges that were observed during the inspection, including, if appropriate, an indication of the object of verification to which they belonged.

5 — Reports of inspections conducted pursuant to sections ix and x of this Protocol shall include:

A) The reduction or certification site at which the reduction or certification procedures were carried out;

B) The dates the inspection team was present at the site;

Q The number and type, model or version of conventional armaments and equipment for which the reduction or certification procedures were observed;

D) A list of any serial numbers recorded during the inspections;

E) In the case of reductions, the particular reduction procedures applied or observed; and

F) In the case of reductions, if an inspection team was present at the reduction site throughout the calendar reporting period, the actual dates on which the reduction procedures were initiated and completed.

6 — The inspection report shall be written in the official language of the Conference on Security and

Cooperation in Europe designated by the inspecting State Party in accordance with section iv, paragraph

2, subparagraph G), or paragraph 3, subparagraph F), of this Protocol.

7 — The inspecting State Party and the inspected State Party shall each retain one copy of the report. At the discretion of either State Party, the inspection report may be forwarded to other States Parties and, as a rule, made available to the Joint Consultative Group.

8 — The stationing State Party shall in particular:

A) Have the right to include written comments related to the inspection of its stationed conventional armed forces; and

B) Retain one copy of the inspection report in the case of inspection of its stationed conventional armed forces.

i

SECTION XIII

Privileges and immunities of inpectors and transport crew members

1 — To exercise their functions effectively, for the purpose of implementing the Treaty and not for their personal benefit, inspectors and transport crew members shall be accorded the privileges and immunities enjoyed by diplomatic agents pursuant to article 29, article 30, paragraph 2, article 31, paragraphs 1, 2 and

3, and articles 34 and 35 of the Vienna Convention on Diplomatic Relations of April 18, 1961.

2 — In addition, inspectors and transport crew members shall be accorded the privileges enjoyed by diplomatic agents pursuant to article 36, paragraph 1, subparagraph 6), of the Vienna Convention on Diplomatic Relations of April 18, 1961. They shall not be permitted to bring into the territory of the State Party where the inspection is to be carried out articles the import or export of which is prohibited by law or controlled by quarantine regulations of that State Party.

3 — The transportation means [of the inspection team shall be inviolable, except as otherwise provided for in the Treaty.

4 — The inspecting State Party may waive the immunity from jurisdiction of any of its inspectors or transport crew members in those cases when it is of the opinion that immunity would impede the course of justice and that it can be waived without prejudice to the implementation of the provisions of the Treaty. The immunity of inspectors and transport crew members who are not nationals of the inspecting State Party may be waived only by the States Parties of which those inspectors are nationals. Waiver must alwys be express.

5 — The privileges and immunities provided for in this section shall be accorded to inspectors and transport crew members:

A) While transiting through the territory of any State Party for the purpose of conducting an inspection on the territory of another State Party;

B) Throughout their presence on the territory of the State Party where the inspection is carried out; and

C) Thereafter with respect to acts previously performed in the exercise of official functions as an inspector or transport crew member.