22 DE JULHO DE 1994

976-(7)

tion aircraft, the observing Party shall have the right to be provided with an aircraft capable of achieving a minimum unrefuelled range, including the necessary fuel reserves, equivalent to one-half of the flight distance, as notified in accordance with paragraph 5, subparagraph G), of this section.

2 — Each State Party shall have the right, pursuant to paragraph 1 of this section, to use an observation aircraft designated by another State Party for observation flights. Arrangements for the use of such aircraft shall be worked out by the States Parties involved to allow for active participation in the open skies regime.

3 — States Parties having the right to conduct observation fligts may co-ordinate their plans for conducting observation flights in accordance with annex H to this Treaty. No State Party shall be obliged to accept more than one observation flight at any one time during the 96-hour period specified in paragraph 9 of this section, unless that State Party has request a demonstration flight pursuant to annex F to this Treaty. In that case, the observed Party shall be obliged to accept an overlap for the observation flights of up to 24 hours. After having been notified of the results of the co-ordination of plans to conduct observation flights, each State Party over whose territory observation frights are to be conducted shall inform other States Parties, in accordance with the provisions of annex H, whether it will exercise, with regard to each specific observation flight, its right to provide its own observation aircraft.

4 — No later than 90 days after signature of this Treaty, each State Party shall provide notification to all other States Parties:

A) Of the standing diplomatic clearance number for open skies observation flights, flights of transport aircraft and transit flights; and

B) Of which language or languages of the Open Skies Consultative Commission specified in annex L, section i, paragraph 7, to this Treaty shall be used by personnel for all activities associated with the conduct of observation flights over its territory, and for completing the mission plan and mission report, unless the language to be used is the one recommended in annex 10 to the Convention on International Civil Aviation, volume n, paragraph 5.2.1.1.2.

5 — The observing Party shall notify the observed Party of its intention to conduct an observation flight, no less than 72 hours prior to the estimated time of arrival of the observation Party at the point of entry of the observed Party. States Parties providing such notifications shall make every effort to avoid using the minimum pre-notification period over weekends. Such notification shall include:

A) The desired point of entry and, if applicable, open skies airfield where the observation flight shall commence;

B) The date and estimated time of arrival of the observing Party at the point of entry and the date and estimated time of departure for the flight from the point of entry to the open skies airfield, if applicable, indicating specific accommodation needs;

Q The location, specified in annex E, appendix 1, where the conduct of the pre-flight inspection is desired and the date and start time of such pre-flight inspection in accordance with the provisions of annex F;

D) The mode of transport and, if applicable, type and model of the transport aircraft used to travel to the point of entry in the event that the observation aircraft used for the observation flight is provided by the observed Party;

E) The diplomatic clearance number for the observation flight or for the flight of the transport aircraft used to bring the personnel in and out of the territory of the observed Party to conduct an observation flight;

F) The identification of the observation aircraft, as specified in annex C;

G) The approximate observation flight distance; and

H) The names of the personnel, their gender, date and place of birth, passport number and issuing State Party, and their function.

6 — The observed Party that is notified in accordance with paragraph 5 of this section shall acknowledge receipt of the notification within 24 hours. In the event that the observed Party exercises its right to provide the observation aircraft, the acknowledgement shall include the information about the observation aircraft specified in paragraph 5, subparagraph F), of this section. The observing Party shall be permitted to arrive at the point of entry at the estimated time of arrival as notified in accordance with paragraph 5 of this section. The estimated time of departure for the flight from the point of entry to the open skies airfield where the observation flight shall commence and the location, the date and the start time of the pre-flight inspection shall be subject to confirmation by the observed Party.

7 — Personnel of the observing Party may include personnel designated pursuant to article xm by other States Parties.

8 — The observing Party, when notifying the observed Party in accordance with paragraph 5 of this section, shall simultaneously notify all other States Parties of its intention to conduct the observation flight.

9 — The period from the estimated time of arrival at the point of entry until completion of the observation flight shall not exceed 96 hours, unless otherwise agreed. In the event that the observed Party requests a demonstration flight pursuant to annex F to the Treaty, it shall extend the 96-hour period pursuant to annex F, section in, paragraph 4, if additional time is required by the observing Party for the unrestricted execution of the mission plan.

10 — Upon arrival of the observation aircraft at the point of entry, the observed Party shall inspect the covers for sensor apertures or other devices that inhibit the operation of sensors to confirm that they are in their proper position pursuant to annex E, unless otherwise agreed by all States Parties involved.

11 — In the event that the observation aircraft is provided by the observing Party, upon the arrival of the observation aircraft at the point of entry or at the open skies airfield where the observation flight commences, the observed Party shall have the right to carry out the pre-flight inspection pursuant to annex F, section i. In die event that, in accordance with paragraph 1 of this section, an obser-