22 DE JULHO DE 1994

976-(9)

4 — The mission plan shall include all information necessary to file die flight plan and shall provide that:

A) The observation flight does not exceed die relevant maximum flight distance as set forth in annex A, section i;

B) The route and profile of the observation flight satisfies observation flight safety conditions in conformity with ICAO standards and recommended practices, taking into account existing differences in national flight rules, without prejudice to the provisions of paragraph 2 of this section;

O The mission plan takes into account information on hazardous airspace, as provided in accordance with annex I;

D) The height above ground level of the observation aircraft does not permit the observing Party to exceed the limitation on ground resolution for each sensor, as set forth in article rv, paragraph 2;

E) The estimated time of commencement of the observation flight shall be no less than 24 hours after the submission of the mission plan, unless otherwise agreed;

F) The observation aircraft flies a direct route between the co-ordinates or navigation fixes designated in the mission plan in the declared sequence; and

G) The flight path does not intersect at the same point more than once, unless otherwise agreed, and the observation aircraft does not circle around a single point, unless otherwise agreed. The provisions of this subparagraph do not apply for the purposes of taking off, flying over calibration targets, or landing by the observation aircraft.

5 — In the event that the mission plan filed by the observing Party provides for flights through hazardous airspace, the observed Party shall:

A) Specify the hazard to the observation aircraft;

B) Facilitate the conduct of the observation flight by co-ordination or suppression of the activity specified pursuant to subparagraph A) of this paragraph; or

Q Propose an alternative flight altitude, route, or time.

6 — No later than four hours after submission of the mission plan, the observed Party shall accept the mission plan or propose changes to it in accordance with article vm, section i, paragraph 4, and paragraph 5 of this section. Such changes shall not preclude 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 to this Treaty! Upon agreement, the mission plan shall be signed by the observing and observed Parties. In the event that the Parties do not reach agreement on the mission plan within eight hours of the submission of the original mission plan, the observing Party shall have the right to decline to conduct the observation flight in accordance with the provisions of article vui of this Treaty..

7 — If the planned route of the observation flight approaches the border of other States Parties or other States, the observed Party may notify that State or those States of the estimated route, date and time of the observation flight.

8 — On the basis of the agTeed mission plan the State Party providing the observation aircraft shall, in co-ordination with die other State Party, file the flight plan immediately, which shall have the content specified in annex 2' to the Convention on International Civil Aviation and shall be in the format specified by ICAO Document no. 4444-RAC/501/12, «Rules of the Air and Air Traffic Services*, as revised or amended.

Section HI Special provisions '

1 — In the event that the observation aircraft is provided by the observing Party, the observed Party shall have the right to have on board the observation aircraft two flight monitors and one interpreter, in addition to one flight monitor for each sensor control station on board the observation aircraft, unless otherwise agreed. Flight monitors and interpreters shall have the rights and obligations specified in annex G to this Treaty.

2 — Notwithstanding paragraph 1 of this section, in the event that an observing Party uses an observation aircraft which has a maximum take-off gross weight of no more than 35,000 kilograms for an observation flight distance of no more.than 1,500 kilometres as notified in accordance with section i, paragraph 5, subparagraph G), of this article, it shall be obliged to accept only two flight monitors and one interpreter on board the observation aircraft, unless otherwise agreed.

3 — In die event that the observation aircraft is provided by the observed Party, the observed Party shall permit the personnel of the observing Party to travel to the point of entry of .the observed Party in the most expeditious manner. The personnel of the observing Party may elect to travel to the point of entry using ground, sea, or air transportation, including transportation by an aircraft owned by any State Party. Procedures regarding such travel are set forth irt annex E to this Treaty;

-4 — In the event that the observation aircraft is provided by the observed Party, the observing Party shall have the right to-have on board the observation aircraft two flight representatives and one'interpreter, in addition to one flight representative' for each sensor control station on the aircraft, unless otherwise agreed. Flight representatives and interpreters shall have the rights and obligations set forth in annex G to this Treaty.

5 — In the event that the observing State Party provides an observation aircraft designated by a State Party other than the'observing or observed Party, the observing Party shall have: the right to have on board me observation aircraft, two. representatives and one interpreter, in addition to one representative for each sensor control station on die aircraft, unless otherwise agreed. In this case, the provisions on flight monitors set forth in paragraph 1 of this section shall also apply. Representative and interpreters shall have the rights and obligations set forth in annex G to this Treaty.