976-(8)

II SÉRIE-A — NÚMERO 56

valion aircraft is provided by the observed Party, the observing Party shall have the right to carry out the pre-flight inspection of sensors pursuant to annex F, section n. Unless otherwise agreed, such inspections shall terminate no less than four hours prior to the scheduled commencement of the observation flight set forth in the flight plan.

12 — The observing Party shall ensure that its flight crew includes at least one individual who has the necessary linguistic ability to communicate freely with the personnel of the observed Party and its air traffic control authorities in the language or languages notified by the observed Party in accordance with paragraph 4 of this section.

13 — The observed Party shall provide the flight crew, upon its arrival at the point of entry or at the open skies airfield where the observation flight commences, with the most recent weather forecast and air navigation information and information on flight safety, including notices to airmen. Updates of such information shall be provided as requested. Instrument procedures, and information about alternate airfields along the flight route, shall be provided upon approval of the mission plan in accordance with the requirements of section n of this article.

14 — While conducting observation flights pursuant to this Treaty, all observation aircraft shall be operated in accordance with.the provisions of this Treaty and in accordance with the approved flight plan. Without prejudice to the provisions of section n, paragraph 2, of this article, observation flights shall also be conducted in compliance with:

A) Published ICAO standards and recommended practices; and

B) Published national air traffic control rules, procedures and guidelines on flight safety of the State Party whose territory is being overflown.

15 — Observation flights shall take priority over any regular air traffic. The observed Party shall ensure that its air traffic control authorities facilitate the conduct of observation flights in accordance with this Treaty.

16 — On board the aircraft the pilot-in-command shall be the sole authority for the safe conduct of the flight and shall be responsible for the execution of the flight plan.

17 — The observed .Party shall provide:

A) A calibration target suitable for confirming the capability of sensors in accordance with the procedures set forth in annex D, section in, to this Treaty, to be overflown during the demonstration flight or the observation flight upon the request of either Party, for each sensor that is to be used during the observation flight. The calibration target shall be located in the vicinity of the airfield at which the pre-flight inspection is conducted pursuant to annex F to this Treaty;

B) Customary commercial aircraft fuelling and servicing for the observation aircraft or transport aircraft at the point of entry, at the open skies airfield, at any refuelling airfield, and at the point of exit specified in the flight plan, according to the specifications that are published about the designated airfield;

Q Meals and the use of accommodation for the personnel of the observing Party; and

D) Upon the request of the observing Party, further services, as may be*agreed upon between the observing and observed Parties, to facilitate the conduct of the observation flight.

18 — All costs involved in the conduct of the observation flight, including the costs of the recording media and the processing of the data collected by sensors, shall be reimbursed in accordance with annex L, section i, paragraph 9, to this Treaty.

19 — Prior to the departure of the observation aircraft from the point of exit, the observed Party shall confirm that the covers for sensor apertures or other devices that inhibit the operation of sensors are in their proper position pursuant to annex E to this Treaty.

20 — Unless otherwise agreed, the observing Party shall depart from the point of exit no later than 24 hours following completion of die observation flight, unless weather conditions or the airworthiness of the observation aircraft or transport aircraft do not permit, in which case de flight shall commence as soon as practicable.

21 —The observing Party shall compile a mission report of the observation flight using the appropriate format developed by the Open Skies Consultative Commission. The mission report shall contain pertinent data on the date and time of the observation flight, its route and profile, weather conditions, time and location of each observation period for each sensor, the approximate amout of data collected by sensors, and tine result of inspection of covers for sensor apertures or other devices that inhibit the operation of sensors in accordance with article vu and annex E. The mission report shall be signed by the observing and observed Parties at the point of exit and shall be provided by the observing Party to all other States Parties within seven days after departure of,the observing Party from the point of exit. -

Section JJ Requirements for mission planning

1 — Unless otherwise agreed, the observing Party shall, after arrival at the open skies airfield, submit to the observed Party a mission plan for the proposed observation flight that meets the requirements of paragraphs 2 and 4 of this section.

2 — The mission plan may provide for an observation flight that allows for the observation of any point on the entire territory of the observed Party, including areas designated by the observed Party as hazardous airspace in the source specified in annex I. The flight path of an observation aircraft shall not be closer than, but shall be allowed up to, ten kilometres from the border with an adjacent State that is not a State Party.

3 — The mission plan may provide that the open skies airfield where the observation flight terminates, as well as the point of exit, may be different from the open stats, airfield where the observation flight commences or the point of entry. The mission plan shall specify, if applicable, the commencement time of the observation flight, the desired time and place of planned refuelling stops or rest periods, and the time of continuation of the observation flight after a refuelling stop or rest period within the 96-hour period specified in section i, paragraph 9, of tjy{& article.