976-(4)

II SÉRIE-A — NÚMERO 56

35) The term «danger area» means an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times.

ARTICLE HI Quotas

Section I General provisions

1 — Each State Party shall have the right to conduct observation flights in accordance with the provisions of this Treaty.

2 — Each State Party shall be obliged to accept observation flights over its territory in accordance with the provisions of this Treaty.

3 — Each State Party shall have the right to conduct a number of observation flights over the territory of any other State Party equal to the number of observation flights which that other State Party has the right to conduct over it.

4 — The total number of observation flights that each State Party is obliged to accept over its territory is the total passive quota for that State Party. The allocation of the total passive quota to the States Parties is set forth in annex A, section i, to this Treaty.

5 — The number of observation flights that a State Party shall have the right to conduct each year over the territory of each of the other States Parties is the individual active quota of that State Party with respect to that other State Party. The sum of the individual active quotas is the total active quota of that State Party. The total active quota of a State Party shall not exceed its total passive quota.

6 — The first distribution of active quotas is set forth in annex A, section u, to this Treaty.

7 — After entry into force of this Treaty, the distribution of active quotas shall be subject to an annual review for the following calendar year within the framework of the Open Skies Consultative Commission. In the event that it is not possible during the annual review to arrive within three weeks at agreement on the distribution of active quotas with respect to a particular State Party, the previous year's distribution of active quotas with respect to that State Party shall remain unchanged.

8 — Except as provided for by the provisions of article vrn, each observation flight conducted by a State Party shall be counted against the individual and total active quotas of that State Party.

9 — Notwithstanding the provisions of paragraphs 3 and 5 of this section, a State Party to which an active quota has been distributed may, by agreement with the State Party to be overflown, transfer a part or all of its total active quota to other States Parties and shall promptly notify all other States Parties and the Open Skies Consultative Commission thereof. Paragraph 10 of this section shall apply.

10-—No State Party shall conduct more observation flights over the territory of another State Party than a number equal to 50 per cent, rounded up to the nearest whole number, of its own total active quota, or of the total passive quota of that other State Party, whichever is less.

11 — The maximum flight distances of observation flights over the territories of the States Parties are set forth in annex A, section in, to this Treaty.

Section TJ Provisions for a group of States Parties

1 —A) Without prejudice to their rights and obligations under this Treaty, two or more States Parties which hold quotas may form a group of States Parties at signature of this Treaty and thereafter. For a group of States Parties formed after signature of this Treaty, the provisions of this section shall apply no earlier than six months after giving notice to all other States Parties, and subject to the provisions of paragraph 6 of this section.

B) A group of States Parties shall co-operate with regard to active and passive quotas in accordance with the provisions of either paragraph 2 or 3 of this section.

2 — A) The members of a group of States Parties shall have the right to redistribute amongst themselves their active quotas for the current year, while retaining their individual passive quotas. Notification of the redistribution shall be made immediately to all third States Parties concerned.

B) An observation flight shall count as many observation flights against the individual and total active quotas of the observing Party as observed Parties belonging to the group are overflown. It shall count one observation flight against the total passive quota of each observed Party.

Q Each State Party in respect of which one or more members of a group of States Parties hold active quotas shall have the right to conduct over the territory of any member of the group 50 per cent more observation flights, rounded up to the nearest whole number, than its individual active quota in respect of that member of the group or to conduct two such overflights if it holds no active quota in respect of that member of the group.

D) In the event that it exercises this right the State Party concerned shall reduce its active quotas in respect of other members of the group in such a way that the total sum of observation flights it conducts over their territories shall not exceed the sum of the individual active quotas that the State Party holds in respect of all the members of the group in the current year.

E) The maximum flight distances of observation flights over the territories of each member of the group shall apply. In case of an observation flight conducted over several members, after completion of the maximum flight distance for one member all sensors shall be switched off until the observation aircraft reaches the point over the territory of thé next member of the group of States Parties where the observation flight is planned to begin. For such follow-on observation flight the maximum flight distance related to the open skies airfield nearest to this point shall apply.

3—A) A group of States Parties shall, at its request, be entitled to a common total passive quota which shall be allocated to it and common individual and total active. c^Ktas> shall be distributed in respect of it.

B) In this case, the total passive quota is the total number of observation flights that the group of States Parties is obliged to accept each year. The total active quota is the sum of the number of observation flights that die group of States Parties has the right to conduct each year. Its \ota& active quota shall not exceed the total passive quota.

O An observation flight resulting from the total active quota of the group of States Parties shall be carried out on behalf of the group.