| Treaty on Open Skies Released by the U.S. Department of State Signed March 24, 1992 Open Skies Treaty Photos: Open Skies Observation flights, courtesy of DTRA Letter of Transmittal (August 12, 1992)
I. II. III. IV. V. VI. VII. VIII. Prohibitions, Deviations from Flight Plans and Emergency Situations IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. Provisional Application and Phasing of Implementation of the Treaty XIX.
The White House, August 12,1992. I transmit herewith, for the advice and consent of the Senate to ratification, the Treaty on Open Skies. I believe that the Treaty on Open Skies is in the best interest of the United States. By engaging all participating States actively in cooperative observation, the Treaty on Open Skies will strengthen international stability. The Treaty also provides an important means of increasing mutual understanding of military forces and activities, thus easing tensions and strengthening confidence and security, not only in the area covered by the Treaty, but in other areas as well. The Treaty includes twelve Annexes, which are integral parts thereof. The Treaty, together with the Annexes, was signed at Helsinki on March 24, 1992. I transmit also, for the information of the Senate, the Report of the Department of State on the Treaty. In addition, I transmit herewith, for the information of the Senate, five documents associated with, but not part of, the Treaty that are relevant to the Senate's consideration of the Treaty: Decision Number One on the Distribution of Costs Arising Under the Treaty on Open Skies in accordance with Annex L, Section I, paragraph 9, dated June 29, 1992; Decision Number Two on Additional Non-Destructive-Testing Equipment To Be Used by the Observed Party in accordance with Annex F, Section I, paragraph 7, dated June 29, 1992; Decision Number Three on Methodology For Calculating the Minimum Height Above Ground Level at Which Each Optical Camera Installed on an Observation Aircraft May Be Operated During an Observation Flight in accordance with Annex D, Appendix 1, Section III, paragraph 2, dated June 29, 1992; Decision Number Four on Minimum Camera Specification For an Observation Aircraft of an Observed Party Exercising its Right To Provide an Observation Aircraft For an Observation Flight, dated June 29, 1992; and Decision Number Five on Responsibility For the Processing of Film Used During an Observation Flight in accordance with Article IX, Section II, paragraph 2, dated June 29, 1992. Except for Decision Number One on the Distribution of Costs, these Decisions are legally binding. The Decision on the Distribution of Costs Arising Under the Open Skies Treaty in accordance with Annex L, Section I, paragraph 9 has not been adopted by the Open Skies Consultative Commission (the implementing body of the Treaty made up of representatives from each State Party and the body which adopted the above-mentioned Decisions). The Open Skies Consultative Commission will adopt this Decision during its next session, scheduled for September 1992, and it will have the same legally binding status as the other Decisions. The Open Skies Consultative Commission has endorsed the current draft text of the Decision; however, agreement could not be reached on the issue of navigation fees which a great majority of the States Parties--including the United States believe should be waived. Pending resolution of this issue, some States Parties--including the United States--have reserved their position on other cost issues. The Open Skies Treaty establishes a regime of unarmed aerial observation flights over the entire territory of its 25 signatories (North Atlantic Treaty Organization Allies, Eastern European members of the former Warsaw Pact, and Russia, Ukraine, Belarus, and Georgia). The Treaty is designed to enhance mutual understanding and confidence by giving all participants, regardless of size, a direct role in observing military or other activities of concern to them. Covering territory from Vancouver to Vladivostok, Open Skies is the widest-ranging international effort to date to promote openness and transparency of military forces and activities. The Treaty allows for consensus decisions to improve sensors, to adjust quotas, and to admit new participants in order to enhance its effectiveness. The Open Skies principles may be applicable to States in other regions of the world as well. The Treaty's operative provisions focus on four subjects: Territory. The entire territory of all participants will be accessible to aerial observation. Whereas the former Soviet Union had insisted on closing areas for national security reasons, the Treaty provides that only flight safety considerations may restrict the conduct of observation flights. Aircraft. Unarmed fixed-wing aircraft provided by either the observing or observed Party can be used. All Open Skies aircraft and sensors must pass specified certification and inspection procedures to ensure that they meet the standards of the Treaty. Sensors: Open Skies aircraft may have video, panoramic and framing cameras for daylight photography, infra-red line scanners for a day/night capability, and synthetic aperture radar for a day/night all-weather capability. Photographic image quality will permit recognition of major military equipment, e.g., distinguishing a tank from a truck--allowing significant transparency of military forces and activities. Sensor categories and capabilities can be improved by agreement among the States Parties. All equipment used in Open Skies must be commercially available to all participants. Data collected from the flights will be immediately shared by the observing and observed Parties, and may also be obtained by other States Parties. Quotas: Loosely scaled to size, each State Party has agreed to an annual quota of observation flights it is willing to receive (42 for the United States and Russia/Belarus to 2-4 for the smallest States Parties). States Parties may conduct as many observation flights as they are willing to receive. The Treaty establishes an Open Skies Consultative Commission, composed of representatives designated by each State Party, to meet in Vienna, to promote the objectives and to facilitate the implementation of the provisions of the Treaty. Therefore, I urge the Senate to give early and favorable consideration to the Treaty and its related Annexes, and to give advice and consent to its ratification.
Department of State, The PRESIDENT, THE PRESIDENT: I have the honor to submit to you the Treaty on Open Skies signed at Helsinki on March 24, 1992, by the United States of America, the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Belarus, Canada, the Czech and Slovak Federal Republic, the Kingdom of Denmark, the French Republic, Georgia, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, the Hellenic Republic, the Republic of Hungary, the Republic of Iceland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Portuguese Republic, Romania, the Russian Federation, the Kingdom of Spain, the Republic of Turkey, and Ukraine (the States Parties). The Treaty includes twelve Annexes, which are integral parts thereof. I recommend that you transmit the Treaty to the Senate for its advice and consent to ratification. Also enclosed, for the information of Senate, are the following fivedocuments associated with, but not part of, the Treaty: Decision Number One on the Distribution of Costs Arising Under the Treaty on Open Skies in accordance with Annex L, Section I, paragraph 9, dated June 29, 1992; Decision Number Two on Additional Non-Destructive-Testing Equipment To Be Used by the Observed Party in accordance with Annex F, Section I, paragraph 7, dated June 29, 1992; Decision Number Three on Methodology For Calculating the Minimum Height Above Ground Level at Which Each Optical Camera Installed on an Observation Aircraft May Be Operated During an Observation Flight in accordance with Annex D, Appendix 1, Section III, paragraph 2, dated June 29, 1992; Decision Number Four on Minimum Camera Specification For an Observation Aircraft of an Observed Party Exercising its Right To Provide an Observation Aircraft For an Observation Flight, dated June 29, 1992; and Decision Number Five on Responsibility For the Processing of Film Used During an Observation Flight in accordance with Article IX, Section II, paragraph 2, dated June 29, 1992. Except for the Decision on the Distribution of Costs, these Decisions are legally binding. Although not submitted for the advice and consent of the Senate to ratification, these four documents are relevant to consideration of the Treaty by the Senate. The Decision on the Distribution of Costs Arising Under the Treaty on Open Skies in accordance with Annex L, Section I, paragraph 9 has not been adopted by the Open Skies Consultative Commission (the implementing body of the Treaty made up of representatives from each State Party and the body which adopted the above-mentioned Decision). The Open Skies Consultative Commission will adopt this Decision during its next session, scheduled for September 1992. The Open Skies Consultative Commission has endorsed the current draft text of the Decision; however, agreement could not be reached on the issue of navigation fees which a majority of the States Parties--including the United States--believe should be waived. Pending resolution of this issue, some States Parties--including the United States--have reserved their position on other cost issues. INTRODUCTION The Treaty on Open Skies represents the widest-ranging international effort to date to promote openness and transparency of military forces and activities. The Treaty covers the territories of the twenty-five initial signatories, from Vancouver to Vladivostok. Additional states are expected to become parties to the Treaty in the near future. OBJECTIVE OF THE TREATY The Treaty on Open Skies is designed to enhance mutual understanding and confidence by giving all States Parties, regardless of size, a direct role in gathering information about military forces and activities of concern to them. In Europe, the Treaty responds to the desire of many states to find innovative means of strengthening confidence, stability and predictability in the new and more fluid situation which has developed following the end of the bi-polar division of the continent. In other regions, the same basic concept of openness, and the modalities and techniques developed in the Treaty, could be important elements in the reduction of regional tensions and the prevention of conflict. BACKGROUND Open Skies is an old idea which has come to fruition in a new form in a very new context. Open Skies was first proposed by President Eisenhower to the former Union of Soviet Socialist Republics at the Geneva Conference of 1955. In the context of the Cold War, this bilateral proposal was rejected by the Soviet Union and lay dormant for a generation. When the Administration reformulated Open Skies as a multilateral proposal in May 1989, the world was on the threshold of revolutionary developments. Open Skies was proposed as an instrument of confidence building, which would promote and consolidate the international trends toward openness already in train. Formal negotiations on a Treaty on Open Skies began in Ottawa in February 1990, and continued in Budapest in April and May 1990. At that time, however, the Soviet Union was still not prepared to open all of its territory to aerial observation. Following the stalemate at Ottawa and Budapest, the Open Skies negotiations lapsed for over a year, although the United States and others continued to press the issue bilaterally. It was only after the abortive coup in Moscow in August 1991 that the former Soviet Union changed its position and agreed to open all of its territory for aerial observation. This change cleared the way for productive negotiations, which commenced in November 1991 in Vienna, leading to the signing of the Treaty in Helsinki on March 24, 1992. BASIC ELEMENTS OF OPEN SKIES The Treaty on Open Skies is based on complete territorial openness, on the use of unarmed observation aircraft, on sensors on board those aircraft, and on quotas of observation flights which each State Party is willing to accept, and entitled to conduct, annually. Territory. The first requirement for a realistic Open Skies regime was that all States Parties agreed to make their entire territory accessible to aerial observation. This was also the most difficult question to resolve, given the long tradition of keeping certain areas closed in the former Soviet Union. It has now been agreed, and specified in the Treaty, that all territory is open to observation, and that States Parties may not restrict observation flights for national security reasons. Parties may restrict an observation flight only for legitimate reasons of flight safety. Aircraft: Observation flights will be conducted on unarmed fixed-wing aircraft provided either by the observing Party or by the observed Party. The United States, and most other States Parties, would have been prepared to have all flights conducted on aircraft provided by the observing Party. However, the option of using aircraft provided by the observed Party was included at the insistence of the former Soviet Union, a position which has been continued by Russia. All aircraft used in Open Skies will be subject to rigorous certification and inspection procedures to ensure that sensors on board the aircraft meet Treaty standards, and that only permitted sensors are installed. Sensors. Aircraft may be equipped with video cameras and panoramic and framing cameras for daylight photography; infra-red line scanning systems, which can operate by day and night; and synthetic aperture radar, which can operate day and night in any weather. The quality of pictures produced by the cameras on an observation aircraft is designed to make it possible to recognize major items of military equipment--for example, to distinguish between a tank and a truck. States Parties may consider additional categories of sensors during periodic meetings of the Open Skies Consultative Commission. To ensure the fullest possible participation in Open Skies, including participation by States lacking appropriate sensor technology, the Treaty provides that sensors which are used must be commercially available to all States Parties. Quotas: Each State Party in Open Skies has agreed to a quota of observation flights which it is willing to accept annually from other States Parties. Quotas are loosely scaled to the size of the States Parties, with the smallest participants having a quota of 2 to 4 flights each. The United States and Russia/Belarus, as the largest States Parties, have accepted quotas of 42 annual observation flights each. How many flights are actually conducted over a State Party, and which other States Parties will conduct them, will depend on the particular concerns of individual States Parties and the evolution of the international situation. PARTICIPATION IN THE TREATY The following States participated in the negotiation of the Treaty: the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Belarus, Canada, the Czech and Slovak Federal Republic, the Kingdom of Denmark, the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, the Hellenic Republic, the Republic of Hungary, the Republic of Iceland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Portuguese Republic, Romania, the Russian Federation, the Kingdom of Spain, the Republic of Turkey, Ukraine, and the United States. In addition, the other newly independent states on the territory of the former Soviet Union are considered to be initial participants in the Treaty, should they so desire; in this regard, Georgia signed the Treaty on March 24, 1992, in Helsinki. Further, the other participants in the Conference on Security and Cooperation in Europe were invited as observers to the Open Skies negotiations. It is expected that many of these States will become States Parties soon after the Treaty enters into force. The Treaty is open to any interested State becoming a party to the Treaty subject to agreement by current States Parties. It is not restricted geographically. IMPLEMENTATION The Treaty establishes an Open Skies Consultative Commission, composed of representatives of each State Party, which will meet in Vienna to monitor the operation of the Treaty and to discuss and resolve problems which may arise. The Open Skies Consultative Commission may make decisions or recommendations only by consensus, meaning the absence of any objection by a State Party to the making of the decision or recommendation in question. Raw data collected from observation flights, for example photographic film and magnetic tapes, will be available to both the observing and observed Parties. Other States Parties will be able to purchase copies of data in which they are interested from the observing Party. The Treaty is of unlimited duration, and provides for periodic review conferences. CONCLUSION Accompanying this Report is an Article-by-Article Analysis of the Treaty, including its Annexes, and the five associated documents. I believe that this Treaty, by creating an innovative multilateral regime for aerial observation, will enhance the national security of the United States and its North Atlantic Treaty Organization allies in the new and more fluid international situation resulting from the break-up of the Soviet Union and will contribute to stability not only in the area where it is first being applied-primarily Europe--but in other regions of the world as well. I therefore recommend that the Treaty be transmitted to the Senate for its advice and consent to ratification at the earliest possible date.
Treaty on Open Skies The States concluding this Treaty, hereinafter referred to collectively as the States Parties or individually as a State Party, Recalling the commitments they have made in the Conference on Security and Co-operation in Europe to promoting greater openness and transparency in their military activities and to enhancing security by means of confidence- and security-building measures, Welcoming the historic events in Europe which have transformed the security situation from Vancouver to Vladivostok, Wishing to contribute to the further development and strengthening of peace, stability and co-operative security in that area by the creation of an Open Skies regime for aerial observation, Recognizing the potential contribution which an aerial observation regime of this type could make to security and stability in other regions as well, Noting the possibility of employing such a regime to improve openness and transparency, to facilitate the monitoring of compliance with existing or future arms control agreements and to strengthen the capacity for conflict prevention and crisis management in the framework of the Conference on Security and Co-operation in Europe and in other relevant international institutions, Envisaging the possible extension of the Open Skies regime into additional fields, such as the protection of the environment, Seeking to establish agreed procedures to provide for aerial observation of all the territories of States Parties, with the intent of observing a single State Party or groups of States Parties, on the basis of equity and effectiveness while maintaining flight safety, Noting that the operation of such an Open Skies regime will be without prejudice to States not participating in it, Have agreed as follows: GENERAL PROVISIONS 1. This Treaty establishes the regime, to be known as the Open Skies regime, for the conduct of observation flights by States Parties over the territories of other States Parties, and sets forth the rights and obligations of the States Parties relating thereto. 2. Each of the Annexes and their related Appendices constitutes an integral part of this Treaty. DEFINITIONS For the purposes of this Treaty: 1. The term "observed Party" means the State Party or group of States Parties over whose territory an observation flight is conducted or is intended to be conducted, from the time it has received notification thereof from an observing Party until completion of the procedures relating to that flight, or personnel acting on behalf of that State Party or group of States Parties. 2. The term "observing Party" means the State Party or group of States Parties that intends to conduct or conducts an observation flight over the territory of another State Party or group of States Parties, from the time that it has provided notification of its intention to conduct an observation flight until completion of the procedures relating to that flight, or personnel acting on behalf of that State Party or group of States Parties. 3. The term "group of States Parties" means two or more States Parties that have agreed to form a group for the purposes of this Treaty. 4. The term "observation aircraft" means an unarmed, fixed wing aircraft designated to make observation flights, registered by the relevant authorities of a State Party and equipped with agreed sensors. The term "unarmed" means that the observation aircraft used for the purposes of this Treaty is not equipped to carry and employ weapons. 5. The term "observation flight" means the flight of the observation aircraft conducted by an observing Party over the territory of an observed Party, as provided in the flight plan, from the point of entry or Open Skies airfield to the point of exit or Open Skies airfield. 6. The term "transit flight" means a flight of an observation aircraft or transport aircraft conducted by or on behalf of an observing Party over the territory of a third State Party enroute to or from the territory of the observed Party. 7. The term "transport aircraft" means an aircraft other than an observation aircraft that, on behalf of the observing Party, conducts flights to or from the territory of the observed Party exclusively for the purposes of this Treaty. 8. The term "territory" means the land, including islands, and internal and territorial waters, over which a State Party exercises sovereignty. 9. The term "passive quota" means the number of observation flights that each State Party is obliged to accept as an observed Party. 10. The term "active quota" means the number of observation flights that each State Party has the right to conduct as an observing Party. 11. The term "maximum flight distance" means the maximum distance over the territory of the observed Party from the point at which the observation flight may commence to the point at which that flight may terminate, as specified in Annex A to this Treaty. 12. The term "sensor" means equipment of a category specified in Article IV, paragraph 1 that is installed on an observation aircraft for use during the conduct of observation flights. 13. The term "ground resolution" means the minimum distance on the ground between two closely located objects distinguishable as separate objects. 14. The term "infra-red line-scanning device" means a sensor capable of receiving and visualizing thermal electro-magnetic radiation emitted in the invisible infra-red part of the optical spectrum by objects due to their temperature and in the absence of artificial illumination. 15. The term "observation period" means a specified period of time during an observation flight when a particular sensor installed on the observation aircraft is operating. 16. The term "flight crew" means individuals from any State Party who may include, if the State Party so decides, interpreters and who perform duties associated with the operation or servicing of an observation aircraft or transport aircraft. 17. The term "pilot-in-command" means the pilot on board the observation aircraft who is responsible for the operation of the observation aircraft, the execution of the flight plan, and the safety of the observation aircraft. 18. The term "flight monitor" means an individual who, on behalf of the observed Party, is on board an observation aircraft provided by the observing Party during the observation flight and who performs duties in accordance with Annex G to this Treaty. 19. The term "flight representative" means an individual who, on behalf of the observing Party, is on board an observation aircraft provided by the observed Party during an observation flight and who performs duties in accordance with Annex G to this Treaty. 20. The term "representative" means an individual who has been designated by the observing Party and who performs activities on behalf of the observing Party in accordance with Annex G during an observation flight on an observation aircraft designated by a State Party other than the observing Party or the observed Party. 21. The term "sensor operator" means an individual from any State Party who performs duties associated with the functioning, operation and maintenance of the sensors of an observation aircraft. 22. The term "inspector" means an individual from any State Party who conducts an inspection of sensors or observation aircraft of another State Party. 23. The term "escort" means an individual from any State Party who accompanies the inspectors of another State Party. 24. The term "mission plan" means a document, which is in a format established by the Open Skies Consultative Commission, presented by the observing Party that contains the route, profile, order of execution and support required to conduct the observation flight, which is to be agreed upon with the observed Party and which will form the basis for the elaboration of the flight plan. 25. The term "flight plan" means a document elaborated on the basis of the agreed mission plan in the format and with the content specified by the International Civil Aviation Organization, hereinafter referred to as the ICAO, which is presented to the air traffic control authorities and on the basis of which the observation flight will be conducted. 26. The term "mission report" means a document describing an observation flight completed after its termination by the observing Party and signed by both the observing and observed Parties, which is in a format established by the Open Skies Consultative Commission. 27. The term "Open Skies airfield" means an airfield designated by the observed Party as a point where an observation flight may commence or terminate. 28. The term "point of entry" means a point designated by the observed Party for the arrival of personnel of the observing Party on the territory of the observed Party. 29. The term "point of exit" means a point designated by the observed Party for departure of personnel of the observing Party from the territory of the observed Party. 30. The term "refuelling airfield" means an airfield designated by the observed Party used for fuelling and servicing of observation aircraft and transport aircraft. 31. The term "alternate airfield" means an airfield specified in the flight plan to which an observation aircraft or transport aircraft may proceed when it becomes inadvisable to land at the airfield of intended landing. 32. The term "hazardous airspace" means the prohibited areas, restricted areas and danger areas, defined on the basis of Annex 2 to the Convention on International Civil Aviation, that are established in accordance with Annex 15 to the Convention on International Civil Aviation in the interests of flight safety, public safety and environmental protection and about which information is provided in accordance with ICAO provisions. 33. The term "prohibited area" means an airspace of defined dimensions, above the territory of a State Party, within which the flight of aircraft is prohibited. 34. The term "restricted area" means an airspace of defined dimensions, above the territory of a State Party, within which the flight of aircraft is restricted in accordance with specified conditions. 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. 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 II 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 VIII, 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 percent, 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 III to this Treaty. SECTION II. PROVISIONS FOR A GROUP OF STATES PARTIES 1.
2.
3.
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 earlier than six months after notification of the decision has been provided to all other States Parties:
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 bedesignated and maximum flight distances established accordingly. 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:
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:
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 II 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 II to this Treaty. 6. Equipment that is capable of displaying data collected by sensors in real-time shall be allowed on observation aircraft for the 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 recording of electronic signals from electro-magnetic waves are prohibited on board the observation aircraft and equipment for such operations shall not be on that observation aircraft. 8. In the event that the observation aircraft is provided by, the observing Party, the observing Party shall have the right to use an observation aircraft equipped with sensors in each sensor category that do not exceed the capability specified in paragraph 2 of this Article. 9. In the event that the observation aircraft used for an observation flight is provided by the observed Party, the observed Party shall be obliged to provide an observation aircraft equipped with sensors from each sensor category specified in paragraph 1 of this Article, at the maximum capability and in the numbers specified in paragraph 2 of this Article, subject to the provisions of Article XVIII, Section II, unless otherwise agreed by the observing and observed Parties. The package and configuration of such sensors shall be installed in such a way so as to provide coverage of the ground provided for in paragraph 2 of this Article. In the event that the observation aircraft is provided by the observed Party, the latter shall provide a sideways-looking synthetic aperture radar with a ground resolution of no worse than six metres, determined by the object separation method. 10. When designating an aircraft as an observation aircraft pursuant to Article V of this Treaty, each State Party shall inform all other States Parties of the technical information on each sensor installed on such aircraft as provided for in Annex B to this Treaty. 11. Each State Party shall have the right to take part in the certification of sensors installed on observation aircraft in accordance with the provisions of Annex D. No observation aircraft of a given type shall be used for observation flights until such type of observation aircraft and its sensors has been certified in accordance with the provisions of Annex D to this Treaty. 12. A State Party designating an aircraft as an observation aircraft shall, upon 90-day prior notice to all other States Parties and subject to the provisions of Annex D to this Treaty, have the right to remove, replace or add sensors, or amend the technical information it has provided in accordance with the provisions of paragraph 10 of this Article and Annex B to this Treaty. Replacement and additional sensors shall be subject to certification in accordance with the provisions of Annex D to this Treaty prior to their use during an observation flight. 13. In the event that a State Party or group of States Parties, based on experience with using a particular observation aircraft, considers that any sensor or its associated equipment installed on an aircraft does not correspond to those certified in accordance with the provisions of Annex D, the interested States Parties shall notify all other States Parties of their concern. The State Party that designated the aircraft shall:
14. In the event that, after the steps referred to in paragraph 13 of this Article have been taken, the States Parties remain concerned as to whether a sensor or its associated equipment installed on an observation aircraft correspond to those certified in accordance with the provisions of Annex D, the issue may be referred to the Open Skies Consultative Commission. AIRCRAFT DESIGNATION 1. Each State Party shall have the right to designate as observation aircraft one or more types or models of aircraft registered by the relevant authorities of a State Party. 2. Each State Party shall have the right to designate types or models of aircraft as observation aircraft or add new types or models of aircraft to those designated earlier by it, provided that it notifies all other States Parties 30 days in advance thereof. The notification of the designation of aircraft of a type or model shall contain the information specified in Annex C to this Treaty. 3. Each State Party shall have the right to delete types or models of aircraft designated earlier by it, provided that it notifies all other States Parties 90 days in advance thereof. 4. Only one exemplar of a particular type and model of aircraft with an identical set of associated sensors shall be required to be offered for certification in accordance with the provisions of Annex D to this Treaty. 5. Each observation aircraft shall be capable of carrying the flight crew and the personnel specified in Article VI, Section III. CHOICE OF OBSERVATION AIRCRAFT, GENERAL PROVISIONS FOR THE CONDUCT OF OBSERVATION FLIGHTS, AND REQUIREMENTS FOR MISSION PLANNING SECTION I. CHOICE OF OBSERVATION AIRCRAFT AND GENERAL PROVISIONS FOR THE CONDUCT OF OBSERVATION FLIGHTS 1. Observation flights shall be conducted using observation aircraft that have been designated by a State Party pursuant to Article V. Unless the observed Party exercises its right to provide an observation aircraft that it has itself designated, the observing Party shall have the right to provide the observation aircraft. In the event that the observing Party provides the observation aircraft, it shall have the right to provide an aircraft that it has itself designated or an aircraft designated by another State Party. In the event that the observed Party provides the observation 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 flights 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 requested 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 flights 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:
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 observing 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:
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 XIII 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 III, 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 the event that, in accordance with paragraph 1 of this Section, an observation 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 II. 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 II 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 II, paragraph 2 of this Article, observation flights shall also be conducted in compliance with:
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:
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 the observation flight, unless weather conditions or the airworthiness of the observation aircraft or transport aircraft do not permit, in which case the 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 eriod for each sensor, the approximate amount of data collected by sensors, and the result of inspection of covers for sensor apertures or other devices that inhibit the operation of sensors in accordance with Article VII 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 II. 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 Skies 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 this Article. 4. The mission plan shall include all information necessary to file the flight plan and shall provide that:
5. In the event that the mission plan filed by the observing Party provides for flights through hazardous airspace, the observed Party shall:
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 VIII, 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 VIII 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 agreed mission plan the State Party providing the observation aircraft shall, in co-ordination with the 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 III. 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 the 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 in 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 the observation aircraft two representatives and one interpreter, in addition to one representative for each sensor control station on the aircraft, unless otherwise agreed. In this case, the provisions on flight monitors set forth in paragraph 1 of this Section shall also apply. Representatives and interpreters shall have the rights and obligations set forth in Annex G to this Treaty. TRANSIT FLIGHTS 1. Transit flights conducted by an observing Party to and from the territory of an observed Party for the purposes of this Treaty shall originate on the territory of the observing Party or of another State Party. 2. Each State Party shall accept transit flights. Such transit flights shall be conducted along internationally recognized Air Traffic Services routes, unless otherwise agreed by the States Parties involved, and in accordance with the instructions of the national air traffic control authorities of each State Party whose airspace is transited. The observing Party shall notify each State Party whose airspace is to be transited at the same time that it notifies the observed Party in accordance with Article VI. 3. The operation of sensors on an observation aircraft during transit flights is prohibited. In the event that, during the transit flight, the observation aircraft lands on the territory of a State Party, that State Party shall, upon landing and prior to departure, inspect the covers of sensor apertures or other devices that inhibit the operation of sensors to confirm that they are in their proper position. PROHIBITIONS, DEVIATIONS FROM FLIGHT PLANS AND EMERGENCY SITUATIONS SECTION I. PROHIBITION OF OBSERVATION FLIGHTS AND CHANGES TO MISSION PLANS 1. The observed Party shall have the right to prohibit an observation flight that is not in compliance with the provisions of this Treaty. 2. The observed Party shall have the right to prohibit an observation flight prior to its commencement in the event that the observing Party fails to arrive at the point of entry within 24 hours after the estimated time of arrival specified in the notification provided in accordance with Article VI, Section I, paragraph 5, unless otherwise agreed between the States Parties involved. 3. In the event that an observed State Party prohibits an observation flight pursuant to this Article or Annex F, it shall immediately state the facts for the prohibition in the mission plan. Within seven days the observed Party shall provide to all States Parties, through diplomatic channels, a written explanation for this prohibition in the mission report provided pursuant to Article VI, Section I, paragraph 21. An observation flight that has been prohibited shall not be counted against the quota of either State Party. 4. The observed Party shall have the right to propose changes to the mission plan as a result of any of the following circumstances:
5. In the event that the observing Party disagrees with the proposed changes to the mission plan, it shall have the right to submit alternatives to the proposed changes. In the event that agreement on a mission plan is not reached within eight hours of the submission of the original mission plan, and if the observing Party considers the changes to the mission plan to be prejudicial to its rights under this Treaty with respect to the conduct of the observation flight, the observing Party shall have the right to decline to conduct the observation flight, which shall not be recorded against the quota of either State Party. 6. In the event that an observing Party declines to conduct an observation flight pursuant to this Article or Annex F, it shall immediately provide an explanation of its decision in the mission plan prior to the departure of the observing Party. Within seven days after departure of the observing Party, the observing Party shall provide to all other States Parties, through diplomatic channels, a written explanation for this decision in the mission report provided pursuant to Article VI, Section I, paragraph 21. SECTION II. DEVIATIONS FROM THE FLIGHT PLAN 1. Deviations from the flight plan shall be permitted during the observation flight if necessitated by:
2. In addition, if weather conditions prevent effective use of optical sensors and infra-red line-scanning devices, deviations shall be permitted, provided that:
3. The observed Party shall have the right to prohibit the use of a particular sensor during a deviation that brings the observation aircraft below the minimum height above ground level for operating that particular sensor, in accordance with the limitation on ground resolution specified in Article IV, paragraph 2. In the event that a deviation requires the observation aircraft to alter its flight path by more than 50 kilometres from the flight path specified in the flight plan, the observed Party shall have the right to prohibit the use of all the sensors installed on the observation aircraft beyond that 50-kilometre limit. 4. The observing Party shall have the right to curtail an observation flight during its execution in the event of sensor malfunction. The pilot-in-command shall have the right to curtail an observation flight in the event of technical difficulties affecting the safety of the observation aircraft. 5. In the event that a deviation from the flight plan permitted by paragraph 1 of this Section results in curtailment of the observation flight, or a curtailment occurs in accordance with paragraph 4 of this Section, an observation flight shall be counted against the quotas of both States Parties, unless the curtailment is due to:
In such cases the observing Party shall have the right to decide whether to count it against the quotas of both States Parties. 6. The data collected by the sensors shall be retained by the observing Party only if the observation flight is counted against the quotas of both States Parties. 7. In the event that a deviation is made from the flight plan, the pilot-in-command shall take action in accordance with the published national flight regulations of the observed Party. Once the factors leading to the deviation have ceased to exist, the observation aircraft may, with the permission of the air traffic control authorities, continue the observation flight in accordance with the flight plan. The additional flight distance of the observation aircraft due to the deviation shall not count against the maximum flight distance. 8. Personnel of both States Parties on board the observation aircraft shall be immediately informed of all deviations from the light plan. 9. Additional expenses resulting from provisions of this Article shall be reimbursed in accordance with Annex L, Section I, paragraph 9 to this Treaty. SECTION III. EMERGENCY SITUATIONS 1. In the event that an emergency situation arises, the pilot-in-command shall be guided by "Procedures for Air Navigation Services - Rules of the Air and Air Traffic Services", ICAO Document No. 4444-RAC/501/12, as revised or amended, the national flight regulations of the observed Party, and the flight operation manual of the observation aircraft. 2. Each observation aircraft declaring an emergency shall be accorded the full range of distress and navigational facilities of the observed Party in order to ensure the most expeditious recovery of the aircraft to the nearest suitable airfield. 3. In the event of an aviation accident involving the observation aircraft on the territory of the observed Party, search and rescue operations shall be conducted by the observed Party in accordance with its own regulations and procedures for such operations. 4. Investigation of an aviation accident or incident involving an observation aircraft shall be conducted by the observed Party, with the participation of the observing Party, in accordance with the ICAO recommendations set forth in Annex 13 to the Convention on International Civil Aviation ("Investigation of Aviation Accidents") as revised or amended and in accordance with the national regulations of the observed Party. 5. In the event that the observation aircraft is not registered with the observed Party, at the conclusion of the investigation all wreckage and debris of the observation aircraft and sensors, if found and recovered, shall be returned to the observing Party or to the Party to which the aircraft belongs, if so requested. SENSOR OUTPUT FROM OBSERVATION FLIGHTS SECTION I. GENERAL PROVISIONS 1. For the purposes of recording data collected by sensors during observation flights, the following recording media shall be used:
The agreed format in which such data is to be recorded and exchanged on other recording media shall be decided within the Open Skies Consultative Commission during the period of provisional application of this Treaty. 2. Data collected by sensors during observation flights shall remain on board the observation aircraft until completion of the observation flight. The transmission of data collected by sensors from the observation aircraft during the observation flight is prohibited. 3. Each roll of photographic film and cassette or reel of magnetic tape used to collect data by a sensor during an observation flight shall be placed in a container and sealed in the presence of the States Parties as soon as is practicable after it has been removed from the sensor. 4. Data collected by sensors during observation flights shall be made available to States Parties in accordance with the provisions of this Article and shall be used exclusively for the attainment of the purposes of this Treaty. 5. In the event that, on the basis of data provided pursuant to Annex B, Section I to this Treaty, a data recording medium to be used by a State Party during an observation flight is incompatible with the equipment of another State Party for handling that data recording medium, the States Parties involved shall establish procedures to ensure that all data collected during observation flights can be handled, in terms of processing, duplication and storage, by them. SECTION II. OUTPUT FROM SENSORS THAT USE PHOTOGRAPHIC FILM 1. In the event that output from duplicate optical cameras is to be exchanged, the cameras, film and film processing shall be of an identical type. 2. Provided that the data collected by a single optical camera is subject to exchange, the States Parties shall consider, within the Open Skies Consultative Commission during the period of provisional application of this Treaty, the issue of whether the responsibility for the development of the original film negative shall be borne by the observing Party or by the State Party providing the observation aircraft. The State Party developing the original film negative shall be responsible for the quality of processing the original negative film and producing the duplicate positive or negative. In the event that States Parties agree that the film used during the observation flight conducted on an observation aircraft provided by the observed Party shall be processed by the observing Party, the observed Party shall bear no responsibility for the quality of the processing of the original negative film. 3. All the film used during the observation flight shall be developed:
4. The State Party that is developing the original film negative shall be obliged to accept at the film processing facility up to two officials from the other State Party to monitor the unsealing of the film cassette or container and each step in the storage, processing, duplication and handling of the original film negative, in accordance with the provisions of Annex K, Section II to this Treaty. The State Party monitoring the film processing and duplication shall have the right to designate such officials from among its nationals present on the territory on which the film processing facility arranged for by the other State Party is located, provided that such individuals are on the list of designated personnel in accordance with Article XIII, Section I of this Treaty. The State Party developing the film shall assist the officials of the other State Party in their functions provided for in this paragraph to the maximum extent possible. 5. Upon completion of an observation flight, the State Party that is to develop the original film negative shall attach a 21-step sensitometric test strip of the same film type used during the observation flight or shall expose a 21-step optical wedge onto the leader or trailer of each roll of original film negative used during the observation flight. After the original film negative has been processed and duplicate film negative or positive has been produced, the States Parties shall assess the image quality of the 21-step sensitometric test strips or images of the 21-step optical wedge against the characteristics provided for that type of original film negative or duplicate film negative or positive in accordance with the provisions of Annex K, Section I to this Treaty. 6. In the event that only one original film negative is developed:
7. In the event that two original film negatives are developed:
SECTION III. OUTPUT FROM SENSORS THAT USE OTHER RECORDING MEDIA 1. The State Party that provides the observation aircraft shall record at least one original set of data collected by sensors using other recording media. 2. In the event that only one original set is made:
3. In the event that two original sets are made:
4. In the event that the observation aircraft is provided by the observing Party, the observed Party shall have the right to receive the data collected by a sideways-looking synthetic aperture radar in the form of either initial phase information or a radar image, at its choice. 5. In the event that the observation aircraft is provided by the observed Party, the observing Party shall have the right to receive the data collected by a sideways-looking synthetic aperture radar in the form of either initial phase information or a radar image, at its choice. SECTION IV. ACCESS TO SENSOR OUTPUT Each State Party shall have the right to request and receive from the observing Party copies of data collected by sensors during an observation flight. Such copies shall be in the form of first generation duplicates produced from the original data collected by sensors during an observation flight. The State Party requesting copies shall also notify the observed Party. A request for duplicates of data shall include the following information:
OPEN SKIES CONSULTATIVE COMMISSION 1. In order to promote the objectives and facilitate the implementation of the provisions of this Treaty, the States Parties hereby establish an Open Skies Consultative Commission. 2. The Open Skies Consultative Commission shall take decisions or make recommendations by consensus. Consensus shall be understood to mean the absence of any objection by any State Party to the taking of a decision or the making of a recommendation. 3. Each State Party shall have the right to raise before the Open Skies Consultative Commission, and have placed on its agenda, any issue relating to this Treaty, including any issue related to the case when the observed Party provides an observation aircraft. 4. Within the framework of the Open Skies Consultative Commission the States Parties to this Treaty shall:
5. The Open Skies Consultative Commission may propose amendments to this Treaty for consideration and approval in accordance with Article XVI. The Open Skies Consultative Commission may also agree on improvements to the viabil |
