22 DE JULHO DE 1994

976-(5)

D) Observation flights that a group of States Parties is obliged to accept may be conducted over the territory of one or more of its members.

E) The maximum flight distances of each group of States Parties shall be specified pursuant to annex A, section m, and open skies airfields shall be designated pursuant to annex. E to this Treaty.

4 — In accordance with the general principles set out in article x, paragraph 3, any third State Party that considers its rights under the provisions of section i, paragraph 3, of this article to be unduly restricted by the operation of a group of States Parties may raise this problem before the Open Skies Consultative Commission.

5 — The group of States Parties shall ensure that procedures are established allowing for the conduct of observation flights over the territories of its members during one single mission, including refuelling if necessary. In the case of a group of States Parties established pursuant to paragraph 3 of this section, such observation flights shall not exceed the maximum flight distance applicable to the open skies airfields at which the observation flights commence.

6 — No earner than six months after notification of the decision has been provided to all other States Parties:

A) A group of States Parties established pursuant to the provisions of paragraph 2 of this section may be transformed into a group of States Parties pursuant to the provisions of paragraph 3 of this

- section;

B) A group of States Parties established pursuant to the provisions of paragraph 3 of this section may be transformed into a group of States Parties pursuant to the provisions of paragraph 2 of this section;

Q A State Party may withdraw from a group of

States Parties; or D) A group of States Parties may admit further States

Parties which hold quotas.

7 — Following entry into force of this Treaty, changes in the allocation or distribution of quotas resulting from the establishment of or an admission to or a withdrawal from a group of "States Parties according to paragraph 3 of this section shall become effective on 1 January following the first annual review within the Open Skies Consultative Commission occurring after the six-month notification period. When necessary, new open skies airfields shall be designated and maximum flight distances established accordingly.

ARTICLE IV Sensors

1 — Except as otherwise provided for in paragraph 3 of this article, observation aircraft shall be equipped with sensors only from amongst the following categories:

A) Optical panoramic and framing cameras;

B) Video cameras with real-time display; Q Infra-red line-scanning devices; and

D) Sideways-looking synthetic aperture radar.

2 — A State Party may use, for the purposes of conducting observation flights, any of the sensors specified

in paragraph 1 above, provided that such sensors are commercially available to all States Parties, subject to the following performance limits:

A) In the case of optical panoramic and framing cameras, a ground resolution of no better than 30 centimetres at the minimum height above ground level determined in accordance with the provisions of annex D, appendix 1, obtained from no more than one panoramic camera, one vertically-mounted framing camera and two obliquely-mounted framing cameras, one on each side of the aircraft, providing coverage, which need not be continuous, of the ground up to 50 kilometres of each side of the flight path of the aircraft;

B) In the case of video cameras, a ground resolution of no better than 30 centimetres determined in accordance with the provisions of annex D, appendix 1;

C) In the case of infra-red line-scanning devices, a ground resolution of no better than 50 centimetres at the minimum height above ground level determined in accordance with the provisions of annex D, appendix 1, obtained from a single device; and

D) In the case of sideways-looking synthetic aperture radar, a ground resolution of no better than three metres calculated by the impulse response method, which, using the object separation method, corresponds to the ability to distinguish on a radar image two corner reflectors, the distance between the centres of which is no less than five metres, over a swath width of no more than 25 kilometres obtained from a single radar unit capable of looking from either side of the aircraft, but not both simultaneously.

3 — The introduction of additional categories and improvements to the capabilities of existing categories of sensors provided for in this article shall be addressed by the Open Skies Consultative Commission pursuant to article x of this Treaty.

4 — All sensors shall be provided with aperture covers or other devices which inhibit the operation of sensors so as to prevent collection of data during transit flights or flights to points of entry or from points of exit over the territory of the observed Party. Such covers or such other devices shall be removable or operable only from outside the observation aircraft.

5 — Equipment that is capable of annotating data collected by sensors in accordance with annex B, section n, shall be allowed on observation aircraft. The State Party providing the observation aircraft for an observation flight shall annotate the data collected by sensors with the information provided for in annex B, section n, to this Treaty,

6 — Equipment that is capable of displaying data collected by sensors in real-time shall be allowed on observation aircraft for die purposes of monitoring the functioning and operation of the sensors during the conduct of an observation flight.

7 — Except as required for the operation of the agreed sensors, or as required for the operation of the observation aircraft, or as provided for in paragraphs 5 and 6 of this article, the collection, processing, retransmission or