18 DE MARCO OE 1994

458-(11)

the flight plan, the observed Party shall have the right to prohibit the use of all the sensors installed on the observation aircraft beyond that 50-kilometre limit.

4 — The observing Party shall have the right to curtail an observation flight during its execution in the event of sensor malfunction. The pilot-in-command shall have the right to curtail an observation flight in the event of technical difficulties affecting the safety of the observation aircraft.

5 — In the event that a deviation from the flight plan permitted by paragraph 1 of this section results in curtailment of the observation flight, or a curtailment occurs in accordance with paragraph 4 of this section, an observation flight shall be counted against the quotas of both States Parties, unless the curtailment is due to:

A) Sensor malfunction on an observation aircraft provided by the observed Party;

6) Technical difficulties relating to the observation aircraft provided by the observed Party;

C) A medical emergency of a member of the flight crew of the observed Party or of flight monitors; or

£>) Air traffic control instructions related to circumstances brought about by force majeure.

In such cases the observing Party shall have the right to decide whether to count it against the quotas of both States Parties.

6 — The data collected by the sensors shall be retained by the observing Party only if the observation flight is counted against the quotas of both States Parties.

7 — In the event that a deviation is made from the flight plan, the pilot-in-command shall take action in accordance with the published national flight regulations of the observed Party. Once the factors leading to the deviation have ceased to exist, the observation aircraft may, with the permission of the air traffic control authorities,'continue the observation flight in accordance with the flight plan. The additional flight distance of the observation aircraft due to the deviation shall not count against the maximum flight distance.

8 — Personnel of both States Parties on board the observation aircraft shall be immediately informed of all deviations from the flight plan.

9 — Additional expenses resulting from provisions of this article shall be reimbursed in accordance with annex L, section i, paragraph 9, to this Treaty.

Section HI

Emergency situations

1 — In the event that an emergency situation arises, the pilot-in-command shall be guided by «Procedures for Air Navigation Services — Rules of the Air and Air Traffic Services*, ICAO Document no. 4444-RAC/501/12, as revised or amended, the national flight regulations of the observed Party, and the flight operation manual of the observation aircraft.

2 — Each observation aircraft declaring an emergency shall be accorded the full range of distress and navigational facilities of the observed Party in order to ensure the most expeditious recovery of the aircraft to the nearest su'\lab\e airfield.

3 — In the event of an aviation accident involving the observation aircraft on the territory of the observed Party, search and rescue operations shall be conducted by the observed Party in accordance with its own regulations and procedures for such operations.

4 — Investigation of an aviation accident or incident involving an observation aircraft shall be conducted by the observed Party, with the participation of the observing Party, in accordance with the ICAO recommendations set forth in annex 13 to the Convention on International Civil Aviation (investigation of Aviation Accidents») as revised or amended and in accordance with the national regulations of the observed Party.

5 — In the event that the observation aircraft is not registered with the observed Party, at the conclusion of the investigation all wreckage and debris of the observation aircraft and sensors, if found and recovered, shall be returned to the observing Party or to the Party to which the aircraft belongs, if so requested.

ARTICLE IX Sensor output from observation flights

Section I General provisions

1 — For the purposes of recording data collected by sensors during observation flights, the following recording media shall be used:

A) In the case of optical panoramic and framing cameras, black and white photographic film;

B) In the case of video cameras, magnetic tape;

C) In the case of infra-red line-scanning devices, black and white photographic film or magnetic tape; and

D) In the case of sideways-looking synthetic aperture radar, magnetic tape.

The agreed format in which such data is to be recorded and exchanged on other recording media shall be decided within the Open Skies Consultative Commission during the period of provisional application of this Treaty.

2 — Data collected by sensors during observation flights shall remain on board the observation aircraft until completion of the observation flight. The transmission of data collected by sensors from the observation aircraft during the observation flight is prohibited.

3 — Each roll of photographic film and cassette or reel of magnetic tape used to collect data by a sensor during an observation flight shall be placed in a container and sealed in the presence of the States Parties as soon as is practicable after it has been removed from the sensor.

4 — Data collected by sensors during observation flights shall be made available to States Parties in accordance with the provisions of this article and shall be used exclusively for the attainment of the purposes of this Treaty.

5 — In the event that, on the basis of data provided pursuant to annex B, section i, to this Treaty, a data recording medium to be used by a State Party during an observation flight is incompatible with the equipment of another State Party for handling that data recording medium, the States Parties involved shall establish procedures to ensure that all data collected during observation flights can be handled, in terms of processing, duplication and storage, by them.