458-(36)

II SÉRIE-A — NÚMERO 29

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.

Section HI Demonstration (lights

1 — In the event that the aircraft is provided by the observing Party, at the request of die 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 rv, 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 m;

B) The demonstration flight shall last for no more than two hours;

Q 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 die 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 n and ui, 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 l 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;

O 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 of 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 vm 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 shaft convey the matter to the Open Skies Consultative Commission.