458-(16)

II SÉRIE-A - NÚMERO 29

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 annex D. If it is difficult to remove such sensor from the observation aircraft, 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 rv, 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 specified in article tv, 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.

4 — Notwithstanding the provisions of annex B, section n, 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 l, 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 distribution of active quotas shall be established in accordance with the provisions of annex A, section u, paragraph 2, to this Treaty.

7 — Further phasing in respect of the introduction of additional categories 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.

ARTICLE XIX

Authentic texts

The originals of this Treaty, of wich the English, French, German, Italian, 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.

ANNEX A

Quotas and maximum flight distances

Section I

Allocation of passive quotas

1 — 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 Germany............ 12

For the United States of America................... 42

For the Republic of Belarus and the Russian

Federation group of States Parties.............. 42

For Benelux...................................................... 6

For the Republic of Bulgaria.......................... 4

For Canada........................................................ 12

For the Kingdom of Denmark......................... 6

For the Kingdom of Spain.............................. 4

For the French Republic.................................. 12

For the United Kingdom of Great Britain and

Northern Ireland........................................... 12

For the Hellenic Republic............................... 4

For the Republic of Hungary.......................... 4

For the Republic of Iceland............................ 4

For the Italian Republic................................... 12

For the Kingdom of Norway........................... 7

For the Republic of Poland............................. 6

For the Portuguese Republic........................... 2

For Romania..................................................... 6

For the Czech and Slovak Federal Republic 4

For the Republic of Turkey............................. 12

For Ukraine....................................................... 12

2 — In the event that an additional State ratifies or accedes to the Treaty in accordance with the provisions of article xvn and article x, paragraph 4, subparagraph Q, 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.

Section II

First distribution of active quotas for observation flights

1 — The first distribution of active quotas pursuant to article ill, 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 annex. On this basis, and for those States Parties which have conducted negotiations in the' framework of the Open Skies Conference in Vienna, the first distribution in respect of each other shall be valid from the date of entry into force of the Treaty until 31 December following 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 Germany shall have the right to conduct three observation flights over the territory of the Republic of Belarus and the Russian Federation group of States Parties, and one observation flight over the territory of Ukraine;

The United States of America shall have the rigVw \o conduct eight observation flights over the territory of the Republic of Belarus and the Russian Federation group of States Parties, and one observation flight, shared with Canada, over the territory of Ukraine;

The Republic of Belarus and Russian Federation ; group of States Parties shall have the right to conduct two observation flights over the territory