SECTION I. FLIGHT MONITORS AND FLIGHT REPRESENTATIVES

1. The provisions set forth in this Annex shall apply to personnel designated in accordance with Article XIII. Each State Party shall have the right to have at any one time the number of flight monitors and flight representatives on board the observation aircraft as set forth in Article VI, Section III. The provisions of that Section shall govern their activities with respect to the organization and conduct of observation flights. Each State Party shall facilitate the activities of the flight monitors and flight representatives pursuant to this Annex.

2. The observed Party shall appoint one of the flight monitors as chief flight monitor. The chief flight monitor shall be a national of the observed Party. The observing Party shall appoint one of the flight representatives as chief flight representative. The chief flight representative shall be a national of the observing Party.

3. In preparing for the observation flight, flight monitors and flight representatives shall have the right:

(A) to acquaint themselves with the technical literature relating to the functioning and operation of the sensors and the flight operation manual of the observation aircraft; and

(B) to acquaint themselves with the equipment of the observation aircraft relating to the control of the flight regime and the functioning and operation of the sensors installed on the observation aircraft.

4. Flight monitors and flight representatives shall have the right:

(A) to remain on board the observation aircraft throughout the observation flight, including any stops for refuelling or emergencies;

(B) to bring on board the observation aircraft and use maps, flight charts, publications, and operations manuals;

(C) to move unencumbered about the observation aircraft, including the flight deck, during the observation flight, except for flight safety reasons. In exercising their rights, the flight monitors or flight representatives shall not interfere with the activities of the flight crew;

(D) to monitor compliance with the flight plan and to observe the flight regime of the observation aircraft and the functioning and operation of the sensors;

(E) to listen to internal and external radio communications on board the aircraft and to make internal radio communications; and

(F) to record the parametres of the flight regime and the functioning and operation of the sensors on maps, charts, and notepads.

5. In addition to those rights specified in paragraph 4 of this Section, the chief flight monitor shall have the right:

(A) to consult the flight crew regarding compliance with national flight rules and the provisions of the Treaty;

(B) to observe the activities of the flight crew, including activities on the flight deck, during the observation flight, as well as to monitor the functioning and operation of the flight and navigation instruments of the observation aircraft;

(C) to provide recommendations to the flight crew regarding compliance with the flight plan;

(D) to ask the flight crew, without interfering with their activities, for information on the flight regime; and

(E) to communicate with air traffic control authorities, as appropriate, and to help relay and interpret communications from air traffic control authorities to flight crew and from the flight crew to the air traffic control authorities about the conduct of the observation flight; for this purpose, the chief flight monitor shall be permitted to make external radio communications using the radio equipment of the observation aircraft.

6. In the event that the chief flight monitor believes that the observation aircraft is deviating from its flight plan, the chief flight monitor shall advise the flight crew and may inform the air traffic control authorities of any deviations of the observation aircraft from the flight plan that the chief flight monitor believes could threaten flight safety.

7. In addition to the rights specified in paragraph 5 of this Section, the chief flight representative shall have:

(A) the rights as described in paragraph 5, subparagraphs (A), (B) and (D) of this Section with regard to the flight crew; and

(B) the fight, in case of deviation from the flight plan, to receive an explanation from the flight crew as to the reasons for such a deviation.

8. Flight representatives shall have the right to direct the operation of the sensors during the observation flight. In addition, upon notification to the observed Party prior to the commencement of the observation flight, flight representatives shall have the right to operate the sensors during the observation flight. In the event that the flight representatives exercise their right to operate the sensors pursuant to this paragraph, the observed Party shall not be responsible for any failure or inadequacy in the quality of the data collected by the sensors due to the operation of the sensors by the flight representatives.

SECTION II. REPRESENTATIVES

1. An observing Party using an observation aircraft designated by a third State Party shall have the right to have at any one time the number of representatives on board the observation aircraft set forth in Article VI, Section III of the Treaty.

2. The observing Party shall appoint one of its representatives as chief representative. The chief representative shall have the rights of the chief flight representative as specified in Section I of this Annex. In addition, the chief representative shall:

(A) advise the pilot-in-command regarding compliance with the provisions of the Treaty;

(B) have the right to monitor compliance by the observed Party with the provisions of the Treaty; and

(C) have the right, in case of deviations from the flight plan, to receive an explanation from the pilot-in-command as to the reasons for such a deviation.

3. Representatives shall have the rights of flight representatives as specified in Section I of this Annex.