22 DE JULHO DE 1994

976-(37)

accomplished within the period of 96 hours allowed for the conduct of the observation flight, pursuant to article vi, section i, 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 rv, 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

Q Prohibit the observation flight pursuant to the provisions of article vm 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 rv, 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;

Q 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 to 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 shall convey the matter to the Open Skies Consultative Commission.

ANNEXG

Flight monltora, flight representatives, and representatives

Section I

Flight monitors and flight representatives

1 — The provisions set forth in this annex shall apply to personnel designated in accordance with article xm. Each State Party shall have the right to have at any one time the number of flight monitors and flight representatives on board the observation aircraft as set forth in article vi, section in. The provisions of that section shall govern their activities with'respect to the organization and conduct of observation flights. Each State Party shall facilitate the activities of the flight monitors and flight representatives pursuant to this annex.

2 — The observed Party shall appoint one of the flight monitors as chief flight monitor. The chief flight monitor shall be a national of the observed Party. The observing Party shall appoint one of the flight representatives as chief flight representative. The chief flight representative shall be a national of the observing Party.

3—In preparing for the observation flight, flight monitors and flight representatives shall have the right:

A) To acquaint themselves with the technical literature relating to the functioning and operation of the sensors and the flight operation manual of the observation aircraft; and

B) To acquaint themselves with the equipment of the observation aircraft relating to the control of the flight regime and the funtioning and operation of the sensors installed on the observation aircraft.

4 — Flight monitors" and flight representatives shall have the right:

A) To remain on board the observation aircraft throughout the observation flight, including any stops for refuelling or emergencies;

fl) To bring on board the observation aircraft and use maps, flight charts, publications, and operations manuals;

Q To move unencumbered about the observation aircraft, including the flight deck, during the observation flight, except for flight safety reasons. In exercising their rights, the flight monitors or flight representatives shall not interfere with the activities of the flight crew;

D) To monitor compliance with the flight plan and to observe the flight regime of the observation aircraft and the functioning and operation of the sensors;

E) To listen to internal and external radio communications on board the aircraft and to make . internal radio communications; and

F) To record the parameters of the flight regime and the functioning and operation of the sensors on maps, charts, and notepads.

5 — In addition to those rights specified in paragraph 4 of this section, the chief flight monitor shall have the right:

A) To consult the flight crew regarding compliance with national flight rules and the provisions of the Treaty;