18 DE MARÇO DE 1994

458-(27)

5 — Each State Party shall ensure effective observation of its entire territory as follows:

A) For its mainland territory, open skies airfields shall be designated in such a way that no point on its territory is farther from one or more such airfields than 35 per cent of the maximum flight distance or distances established for that State Party in accordance with annex A to the Treaty;

B) For portions of its territory that are separated from the mainland territory:

1) That State Party shall apply the provisions of subparagraph A) of this paragraph; or

2) In the event that the portion or portions of the territory are separated from the mainland territory by more than 600 kilometres, or if agreed between that State Party and the observing Party, or if otherwise provided for in annex A, that State Party shall provide special procedures, including the possible use of refuelling airfields; or

3) In the event that a portion or portions of the territory are separated from the mainland territory by less than 600 kilometres, and such portion or portions of the territory are not covered by the provisions of subparagraph A) of this paragraph, that State Party may specify a separate maximum flight distance in annex A to cover such portion or portions of its territory.

6 — Immediately upon the arrival of an observation aircraft at the point of entry, and immediately prior to the departure of an observation aircraft from the point of exit, both the observed and observing Parties shall inspect the covers for sensor apertures or other devices that inhibit the operation of sensors installed in accordance with article iv, paragraph 4. In the event that the point of entry is different from the open skies airfield from which the observation flight commences, both the observed and observing Parties shall inspect the covers for sensor apertures or other devices that inhibit the operation of sensors immediately prior to departure of the observation aircraft from vY\e point of entry en route to the open skies airfield from which the observation flight commences. In the event that the point of exit is different from the open skies airfield at which the observation flight terminates, both the observed and observing Parties shall inspect the covers for sensor apertures or other devices that inhibit the operation of sensors immediately prior to departure of the observation aircraft from such airfield en route to the point of exit.

7 — A State Party shall have the right to conduct an examination and inventory of the items of equipment that the other State Party intends to use for the purpose of conducting a pre-flight inspection of sensors and, if applicable, the observation aircraft, as well as items that the flight representatives intend to bring on board the observation aircraft. This examination and inventory:

A) Shall begin no later than one hour after arrival of such items at the point of entry or the open skies airfield, at the choice of the State Party conducting the inventory, and shall be completed within one hour; and

B) Shall be carried out in the presence of one or more designated individuals of the other State Party.

8 — If, during the examination and inventory of the items of equipment to be used in the sensor inspection and, if applicable, observation aircraft inspection, as well as the items that the flight representatives intend to bring on board the observation aircraft, the State Party conducting the examination and inventory determines that the items do not conform to the list of authorized equipment contained in annex D, section ii, paragraph 5, or to the items described in annex G, section i, paragraph 4, it shall have the right to deny permission for the use of such items. Items so identified that are brought into the territory of the observed Party by the observing Party shall be, unless otherwise agreed:

A) Placed in a sealed container for safekeeping; and

B) Subsequently removed from the territory of the observed Party at the earliest opportunity, but not later than the departure of the observing Party from the territory of the observed Party.

9 — In the event that the observing Party travels to the point of entry specified in the notification provided in accordance with article vi, section i, paragraph 5, of this Treaty, using a transport aircraft registered with the observing Party or with another State Party, the transport aircraft shall be permitted:

A) To depart from the territory of the observed Party;

B) In the event that the point of entry is the same as the point of exit, to remain at the point of entry until departure of the observing Party from the territory of the observed Party; or

Q In the event that the point of entry is not the same as the point of exit, to fly to the point of exit in sufficient time for further crew rest prior to departure of all the personnel of the observing Party from the territory of the observed Party.

10 — In the event that the observation aircraft is provided by the observed Party and the observing Party does not use its own transport aircraft for transporting its personnel from the point of entry to the open skies airfield, the observed Party shall ensure that the personnel of the observing Party are transported from the point of entry to the open skies airfield and from the open skies airfield to the point of exit.

APPENDIX 1 TO ANNEX E

Section I

Designation of sites

The sites to be used as points of entry, points of exit, open skies airfields, refuelling airfields, calibration targets, and, if applicable, entry fixes and exit fixes are initially as specified in section ii of this appendix. The designation includes:

A) Site: name of point of entry, point of exit, open skies airfield, entry fix, exit fix, refuelling airfield, and calibration target;

B) Location: latitude and longitude of the respective site, to the nearest second; and

Q Inspection: whether or not the pre-flight inspection of the aircraft or the sensors can be conducted at this site.