976-(38)

II SÉIE-A — NÚERO 56

B) To observe the activities of the flight crew, including activities on the flight deck, during the observation flight, as well as to monitor the functioning and operation of the flight and navegadon instruments of the observation aircraft;

Q To provide recommendations to the flight crew regarding compliance with the flight plan;

D) To ask the flight crew, without interfering with their activities, for information on the flight regime; and

E) To communicate with air traffic control authorities as appropriate, and to help relay and interpret communications from air traffic control authorities to flight crew and from the flight crew to the air traffic control authorities about the conduct of the observation flight; for this purpose, the chief flight monitor shall be permitted to make external radio communications using the radio equipment of the observation aircraft.

6 — In the event that die chief flight monitor believes that the observation aircraft is deviating from its flight plan, the chief flight monitor shall advise the flight crew and may inform the air traffic control authorities of any deviations of the observation aircraft from the flight plan that the chief flight monitor believes could threaten flight safety.

7 — In addition to the rights specified in paragraph 5 of this section, the chief flight representative shall have:

A) The rights as described in paragraph 5, subparagraphs A), B) and Z>), of this section with regard to the flight crew; and

B) The right, in case of deviation from the flight plan, to receive an explanation from the flight crew as to the reasons for such a deviation.

8 — Flight representatives shall have the right to direct the operation of the sensors during the observation flight. In addition, upon notification to the observed Party prior to the commencement of the observation flight, flight representatives shall have the right to operate the sensors during the observation flight. In the event that die flight representatives exercise their right to operate the sensors pursuant to this paragraph, the observed Party shall not be responsible for any failure or inadequacy in die quality of die data collected by die sensors due to die operation of the sensors by die flight representatives.

Section D Representatives

1 — An observing Party using an observation aircraft designated by a third State Party shall have the right to have at any one time the number of representatives on board the observation aircraft set forth in article vr, section in, of the Treaty.

2 — The observing Party shall appoint one of its representatives as chief representative. The chief representative shall have the rights of the chief flight representative as specified in section i of this annex. In addition, die chief representative shall:

A) Advise the pilot-in-command regarding compliance with the provisions of the treaty;

B) Have the right to monitor compliance by the observed Party with the provisions of the Treaty;

and

Q Have the right, in case of deviations from the flight plan, to receive an explanation from the pilot-in-command as to the reasons for such a . deviation.

3 — Representatives shall have the rights of flight representatives as specified in section l of this annex.

ANNEX H

Co-ordination of planned observation flights

1 — In order to avoid potential time conflict regarding the conduct of observation flights over the same State Party, each State Party having the right to conduct observation flights following the annual distribution of active quotas may notify all other States Parties, no later than 1 November of each year, of its plans to utilise all or part of its active quota during die following year. The notification shall indicate the number of observation flights that the notifying State Party plans to conduct over die territory of other States Parties during each quarter of that year.

2 — In no case shall the total number of observation flights planned and notified in accordance with paragraph 1 of this annex over, the territory of any one State Party during a given quarter exceed 16. Except as provided for in article vi, section t, paragraph 3, no State Party shall be obliged to accept more than one observation flight at any time during the period specified in article vi, section l, paragraph 9, of the Treaty. "

3 — States Parties mat have notified, in accordance with paragraph 1 of this annex, their plans to utilize one or more active quotas for observation flights over the territory of the same State Party during a given quarter or quarters shall hold consultation, if necessary, to avoid any conflict in their planned observation flights. In the event that agreement on avoidance of conflict cannot be reached through consultation among the States Parties involved, the issue shall be resolved by the drawing of lots by such States Parties. The first of those consultations, regarding observation flights in the quarter beginning 1 January of the following year, shall begin prompdy following receipt of the notification provided for in paragraph 1 of this annex. Subsequent consultations among the States Parties involved shall be conducted between 1 February and 15 February for the quarter beginning 1 April; between 1 May and 15 May for the quarter beginning 1 July; and between I August and 15 August for the quarter beginning 1 October. The States Parties involved shall notify the resulting sequence of observation flights established in these consultations to all States Parties no later than 15 November, 15 February, 15 May and 15 August, respectively.

4 — No later than seven days after the notification of the sequence of observation flights established pursuant to paragraph 3 of this annex, each State Party shall notify all States Parties planning to conduct observation flights over its. territory during that quarter of each flight for which it intends to exercise the right to provide its own observation aircraft.

5 — Each State Party that has not provided a notification pursuant to paragraph 1 of this annex or has not notified its plans to utilize all of its active quotas, or has not conducted an observation flight during the quarter for which it had notified such planned flight, shall have the right to utilize such remaining active quotas, provided that such observation flights have been accommodated within the existing

agreement reached pursuant to paragraph 3 of thus annex.