976-(10)

II SÉRIE-A — NÚMERO 56

ARTICLE VTJ Transit flights

1 — Transit flights conducted by an observing Party id and from the territory of an observed Party for the pur-' poses <$f this Treaty shall originate on the territory of the observing Party or of another State Party.

2 — Each State Party shall accept transit flights. Such transit flights shall be conducted along internationally recognized Air Traffic Services routes, unless otherwise agreed by the States Parties involved, and in accordance with the instructions of the national air traffic control authorities of each State Party whose airspace is transited. The observing Party shall notify each State Party whose airspace is to be transited at the same time that it notifies the observed Party in accordance with article vi.

3 — The operations of sensors on an observation aircraft during transit flights is prohibited. In the event that, during the transit flight, the observation aircraft lands on the territory of a State Party, that State Party shall, upon landing and prior to departure, inspect die covers of sensor apertures or other devices that inhibit the operation of sensors to confirm that they are in their proper position.

ARTICLE VIU

Prohibitions, deviations from flight plans and emergency situations

Section I

Prohibition of observation flights and changes to mission plans

1 — The observed Party shall have the right to prohibit an observation flight that is not in compliance with the provisions of this Treaty.

2 — The observed Party shall have the right to prohibit an observation flight prior to its commencement in the event that the observing Party fails to arrive at the point of entry within 24 hours after the estimated time of arrival specified in the notification provided in accordance with article vi, section i, paragraph 5, unless otherwise agreed between the States Parties involved.

3 — In the event that an observed State Party prohibits an observation flight pursuant to this article or annex F, it shall immediately state the facts for the prohibition in the mission plan. Within seven days the observed Party shall provide to all States Parties, through diplomatic channels, a written explanation for this prohibition in the mission report provided pursuant to article vi, section i, paragraph 21. An observation flight that has been prohibited shall not be counted against the quota of either State Party.

4 — The observed Party shall have the right to propose changes to the mission plan as a result of any of the following circumstances:

A) The weather conditions affect flight safety;

B) The status of the open skies airfield to be used, alternate airfields, or refuelling airfields prevents their use; or

O The mission plan is inconsistent with article vi, section n, paragraphs 2 and 4.

5 — In the event that the observing Party disagrees with the proposed changes to the mission plan, it shall have the

right to submit alternatives to the proposed changes. In the event that agreement on a mission plan is not reached within eight hours of the submission of trie original mission plan, and if the observing Party considers the changes to the mission plan to be prejudicial to its rights under this Treaty with respect to the conduct of the observation flight, the observing Party shall have the right to decline to conduct the observation flight, which shall not be recorded against the quota of either State Party.

6 —In the event that an observing Party declines to conduct an observation flight pursuant to this article or annex F, it shall immediately provide an explanation of its decision in the mission plan prior to the departure of the observing Party. Within seven days after departure of me observing Party, the observing Party shall provide to all other States Parties, through diplomatic channels, a written explanation for this decision in the mission report provided pursuant to article vi, section i, paragraph 21.

Section II

Deviations from the flight plan

1 — Deviations from the flight plan shall be permitted during the observation flight if necessitated by:

A) Weather conditions affecting flight safety;

B) Technical difficulties relating to die observation aircraft;

Q A medical emergency of any person on board; or

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

2 — In addition, if weather conditions prevent effective use of optical sensors and infra-red line-scanning devices, deviations shall be permitted, provided that:

A) Flight safety requirements are met;

B) In cases where national rules so require, permission is granted by air traffic control authorities; and

Q The performance of the sensors does not exceed the capabilities specified in article iv, paragraph 2, unless otherwise agreed.

3 — The observed Party shall have the right to prohibit the use of a particular sensor during a deviation that brings the observation aircraft below the minimum height above ground level for operating that particular sensor, in accordance with the limitation on ground resolution specified in article rv, paragraph 2. In the event that a deviation requires the observation aircraft to alter its flight path by more than SO kilometres from the flight path specified in 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 curtail-