22 DE JULHO DE 1994

976-(27)

pulse response method and thé object separation method, shall be determined within the Open Skies Consultative Commission during the period of provisional application.

ANNEX E

Procedures tor arrivals and departures

1 — Each State Party shall designated one or more ' points of entry, one or more points of exit, and One or more open skies airfields on its territory. Points of entry and points of exit may or may not be the same as the open skies airfields. Unless otherwise agreed, if an open skies airfiled is different from a point of entry, the open skies airfield shall be designated so that the observing Party can reach the open skies airfield within five hours from the point of entry either in its own observation aircraft or in transportation provided by the observed Party. The observing Party, after arriving at a point of entry or an open skies, airfield, shall have the right to a rest period, subject to the provisions of article vi of the Treaty!

2 — Each State Party shall have the right to designate entry fixes and exit fixes. If a State Party elects to designate entry fixes and exit fixes, such fixes shall facilitate flight from the territory of the observing Party to the point of entry of the observed Party. Planned flights between entry fixes and points of entry and between points of exit and exit fixes shall be conducted in accordance with published ICAO standards and recommended practices and national regulations. In the event that portions of the flights between entry fixes and points of entry or between points of exit and exit fixes lie in international airspace, the flight through international airspace shall be conducted in accordance with published international regulations.

3 — Information on points of entry and points- of exit, open skies airfields, entry fixes and exit fixes, refuelling airfields, and calibration targets shall initially be as specified in appendix 1 to this annex.

4 — A State Party shall have the right to introduce changes to appendix 1 to this annex by notifying all other States Parties of such changes, in writing, no less than 90 days before such changes become effective. .

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, of 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 main-

land 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 rv, 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 the point of entry en routé 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 n, paragraph 5, or to the items described in annex G, section i, paragraph 4, it shall have thé 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.