458-(8)

II SÉRIE-A — NÚMERO 29

the 96-hour period pursuant to annex F, section in, paragraph 4, if additional time is required by the observing Party for the unrestricted execution of the mission plan.

10 — Upon arrival of the observation aircraft at the point of entry, the observed Party shall inspect the covers for sensor apertures or other devices that inhibit the operation of sensors to confirm that they are in their proper position pursuant to annex E, unless otherwise agreed by all States Parties involved.

11 — In the event that the observation aircraft is provided by the observing Party, upon the arrival of the observation aircraft at the point of entry or at the open skies airfield where the observation flight commences, the observed Party shall have the right to carry out the pre-flight inspection pursuant to annex F, section i. In the event that, in accordance with paragraph 1 of this section, an observation aircraft is provided by the observed Party, the observing Party shall have the right to carry out the pre-flight inspection of sensors pursuant to annex F, section u. Unless otherwise agreed, such inspections shall terminate no less than four hours prior to the scheduled commencement of the observation flight set forth in the flight plan.

12 — The observing Party shall ensure that its flight crew includes at least one individual who has the necessary linguistic ability to communicate freely with the personnel of the observed Party and its air traffic control authorities in the language or languages notified by the observed Party in accordance with paragraph 4 of this section.

13 — The observed Party shall provide the flight crew, upon its arrival at the point of entry or at the open skies airfield where the observation flight commences, with the most recent weather forecast and air navigation information and information on flight safety, including notices to airmen. Updates of such information shall be provided as request. Instrument procedures, and information about alternate airfields along the flight route, shall be provided upon approval of the mission plan in accordance with the requirements of section n of this article.

14 — While conducting observation flights pursuant to this Treaty, all observation aircraft shall be operated in accordance with the provisions of this Treaty and in accordance with the approved flight plan. Without prejudice to the provisions of section n, paragraph 2, of this article, observation flights shall also be conducted in compliance with:

A) Published ICAO standards and recommended practices; and

B) Published national air traffic control rules, procedures and guidelines on flight safety of the State Party whose territory is being overflown.

15— Observation flights shall take priority over any regular air traffic. The observed Party shall ensure that its air traffic control authorities facilitate the conduct of observation flights in accordance with this Treaty.

16 — On board the aircraft the pilot-in-command shall be the sole authority for the safe conduct of the flight and shall be responsible for the execution of the flight plan.

17 — The observed Party shall provide:

A) A calibration target suitable for confirming the capability of sensors in accordance with the procedures set forth in annex D, section in, to this Treaty, to be overflown during the demonstration flight or the observation flight upon the

request of either Party, for each sensor that is to be used during the observation flight. The calibration target shall be located in the vicinity of the airfield at which the pre-flight inspection is conducted pursuant to annex F to this Treaty;

B) Customary commercial aircraft fuelling and servicing for the observation aircraft or transport aircraft at the point of entry, at the open skies airfield, at any refuelling airfield, and at Ihe point of exit specified in the flight plan, according to the specifications that are published about the designated airfield;

C) Meals and the use of accommodation for the personnel of the observing Party; and

D) Upon the request of the observing Party, further services, as may be agreed upon between the observing and observed Parties, to facilitate the conduct of the observation flight.

18 — All costs involved in the conduct of the observation flight, including the costs of the recording media and the processing of the data collected by sensors, shall be reimbursed in accordance with annex L. section i, paragraph 9, to this Treaty.

19 — Prior to the departure of the observation aircraft from the point of exit, the observed Party shall confirm that the covers for sensor apertures or other devices that inhibit the operation of sensors are in their proper position pursuant to annex E to this Treaty.

20 — Unless otherwise agreed, the observing Party shall depart from the point of exit no later than 24 hours following completion of the observation flight, unless weather conditions or the airworthiness of the observation aircraft or transport aircraft do not permit, in which case de flight shall commence as soon as practicable.

21 — The observing Party shall compile a mission report of the observation flight using the appropriate format developed by the Open Skies Consultative Commission. The mission report shall contain pertinent data on the date and time of the observation flight, its route and profile, weather conditions, time and location of each observation period for each sensor, the approximate amoul of data collected by sensors, and the result of inspection of covers for sensor apertures or other devices that inhibit the operation of sensors in accordance with article vit and annex E. The mission report shall be signed by Ihe observing and observed Parties at the point of exit and shall be provided by the observing Party to all other Slates Parties within seven days after departure of ihe observing Party from the point of exit.

Section II Requirements for mission planning

1 — Unless otherwise agreed, the observing Party shall, after arrival at the &pen skies airfield, submit to the observed Party a mission plan for the proposed observation flight that meets the requirements of paragraphs 2 and 4 of this section.

2 — The mission plan may provide for an observation flight that allows for the observation of any point on the entire territory of the observed Party, including areas designated by the observed Party as hazardous airspace in the source specified in annex I. The flight path of an obser-