22 DE JULHO DE 1994

976-(35)

The observing Party shall facilitate the inspection in accordance with the procedures specified in annex D, section n, paragraphs 7 and 8, to the Treaty.

6 — In conducting the pre-flight inspection, the inspectors shall have the right of access to the observation aircraft, its sensors and associated equipment, in the same manner as provided for in annex D, section n, paragraph 10, and shall comply with the provisions of annex D, section n, paragraphs 11 and 12, to the Treaty.

7—For the purposes of this inspection, the observed Party shall have the right to take on board and use the following non-destructive-testing equipment:

A) Video probe (borescope on video camera);

B) X-ray and backscatter X-ray imaging equipment; o Ultrasonic imaging equipment;

D) Logic/data analyser, .

E) Passive infra-red sensors; and

F) 35 millimetre camera.

In addition, the observed Party shall have the right to take on board and usé such other rton-destructive:testing equipment as may be necessary to establish that no items of equipment are on board the observation aircraft other than those permitted by article rv of the Treaty, as may be agreed by the Open Skies Consultative Commission prior to 30 June 1992.

8 — Upon completion of the pre-flight inspection, the inspectors shall leave the observation aircraft, and the observing Party shall have the right to use its own inventory procedures to confirm that all inspection equipment used during the pre-flight inspection has been removed from the observation aircraft. If the observed Party is unable to demonstrate, this to the satisfaction of die observing Party, the observing Party shall have the right to proceed with the observation flight or to cancel it, and when the observing Party is satisfied that it is safe to do so, depart from the territory of the observed Party. In the latter case, no observation flight shall be recorded against die quota of either State Party.

9 — The inspectors shall immediately inform the observing Party if they establish that the observation aircraft, its sensors or associated equipment do not correspond to those certified in accordance with the provisions of annex D to the Treaty, or mat there are items of equipment on board the observation aircraft other than those permitted by article iv of the Treaty. If the observing Party is unable to demonstrate that die observation aircraft, its sensors and associated equipment. correspond to those certified in accordance with the provisions of annex D to the Treaty and that there are no items of equipment on board the observation aircraft other than those permitted by article rv of the Treaty, and if the observing and observed Parties do not agree otherwise, the observed Party shall have the right to prohibit the observation flight pursuant to article vm of the Treaty. If the observation flight is prohibited, the observation aircraft shall promptly depart from the territory of die observed Party and no observation flight shall be recorded against the quota of either State Party. ' '

10— Upon completion of the pre-flight inspection of the observation aircraft and its sensors, the observed and observing Parties shall prepare a pre-flight inspection report which shall state that:

A) The observation aircraft, its-sensors and associated equipment correspond to those certified in accordance with the provisions'of annex D to the Treaty; and

B) There are no items of equipment on board the observation aircraft other than those permitted by . • article rv of the Treaty.

11 — Signature of the pre-flight inspection report by the observed Party shall signify its agreement for the observing Party to use that observation aircraft to conduct an observation flight over the territory of the observed Party.

Section U

. * Pre-flight inspection of sensors of the observed Party

1 — The purpose of the pre-flight inspection of the sensors on an observation aircraft provided by die observed Party is to confirm .that the sensors and associated equipment correspond to- those certified in accordance with the provisions of annex D to the Treaty. The observing Party shall have the right to conduct a pre-flight inspection of the sensors and associated equipment installed on an observation aircraft provided by the observed Party to confirm that its sensors and associated equipment correspond to those certified in accordance with the provisions of annex D to the Treaty.

2 — Upon arrival of the inspectors of the observing Party at'the location of the pre-flight inspection, the observing Party'shall:

A) Provide a list of the inspectors, the number of whom shall not exceed five persons, unless otherwise agreed, including the general function of each inspector;

B) Provide a list of the items of equipment that the inspectors intend to use during the pre-flight inspection; and

C) Inform the observed Party of its plan for the pre-flight inspection of the sensors and associated equipment on board the observation aircraft.

3 — Prior to the commencement of the pre-flight inspection, a designated individual-from the observed Party shall:

■A) Brief the observing Party on the inventory procedures that shall be followed to confirm that

.. - each item of equipment brought on board the observation aircraft by the. inspectors has been removed from the observation aircraft upon conclusion of the pre-flight inspection;

B) Together with the Inspectors, conduct an examination and inventory of each item of equipment- to be used during the pre-flight inspection; and

C) Brief the. inspectors on all necessary safety precautions that they must observe during the pre-flight inspection of the sensors and associated equipment installed on the observation aircraft

'A'—i The pre-flight inspection shall not begin until the completion of the formal arrival procedures and shall take no longer than eight hours.

5 —The observed Party shall have the right to provide its own escorts to accompany the inspectors throughout the pre-flight inspection of this section. The observed Party shall facilitate the inspection Of the sensors and associated