ANNEX F
PRE-FLIGHT INSPECTIONS AND DEMONSTRATION FLIGHTS
SECTION I. PRE-FLIGHT INSPECTION OF OBSERVATION AIRCRAFT AND SENSORS OF THE OBSERVING PARTY
1. The purpose of the pre-flight inspection of observation aircraft and sensors provided by
the observing Party is to confirm that the observation aircraft, its sensors and associated
equipment correspond to those certified in accordance with the provisions of Annex D to the
Treaty. The observed Party shall have the right to conduct a pre-flight inspection of an
observation aircraft and its sensors provided by the observing Party to confirm that:
(A) the observation aircraft, its sensors and associated equipment including, where applicable,
lens and photographic film, correspond to those certified in accordance with the provisions
of Annex D to the Treaty; and
(B) there are no items of equipment on board the observation aircraft other than those permitted
by Article IV of the Treaty.
2. Upon arrival of the observation aircraft at the point of entry the observed Party shall:
(A) provide a list of the inspectors, the number of whom shall not exceed ten persons, unless
otherwise agreed, including the general function of each of the inspectors;
(B) provide a list of the items of equipment that they intend to use during the pre-flight
inspection provided for in Annex D, Section II, paragraph 5 to the Treaty; and
(C) inform the observing Party of its plan for the pre-flight inspection of the observation aircraft
and its sensors.
3. Prior to the commencement of the pre-flight inspection, a designated individual from the
observing Party shall:
(A) brief the observed Party on the inventory procedures which shall be followed to confirm
that all inspection equipment, as well as any non-destructive-testing equipment as provided
for in paragraph 7 of this Section, brought on board the observation aircraft by the
inspectors has been removed from the observation aircraft upon conclusion of the pre-flight
inspection;
(B) together with the inspectors, conduct an examination and inventory of each item of
equipment to be used during the pre-flight inspection; and
(C) brief the inspectors on all safety precautions that they shall observe during the pre-flight
inspection of the observation aircraft and its sensors.
4. The pre-flight inspection shall not begin until the completion of the formal arrival procedures
and shall take no longer than eight hours.
5. The observing Party shall have the right to provide its own escorts to accompany the
inspectors throughout the pre-flight inspection of the observation aircraft and its sensors to
confirm that the inspection is conducted in accordance with the provisions of this Section. The
observing Party shall facilitate the inspection in accordance with the procedures specified in
Annex D, Section II, paragraphs 7 and 8 to the Treaty.
6. In conducting the pre-flight inspection, the inspectors shall have the right of access to the
observation aircraft, its sensors and associated equipment, in the same manner as provided for in
Annex D, Section II, paragraph 10, and shall comply with the provisions of Annex D, Section II,
paragraphs 11 and 12 to the Treaty.
7. For the purposes of this inspection, the observed Party shall have the right to take on board
and use the following non-destructive-testing equipment:
(A) video probe (borescope on video camera);
(B) X-ray and backscatter X-ray imaging equipment;
(C) ultrasonic imaging equipment;
(D) logic/data analyser,
(E) passive infra-red sensors; and
(F) 35 millimetre camera.
In addition, the observed Party shall have the right to take on board and use such other non-destructive testing equipment as may be necessary to establish that no items of equipment are on
board the observation aircraft other than those permitted by Article IV of the Treaty, as may be
agreed by the Open Skies Consultative Commission prior to 30 June 1992.
8. Upon completion of the pre-flight inspection, the inspectors shall leave the observation
aircraft, and the observing Party shall have the right to use its own inventory procedures to
confirm that all inspection equipment used during the pre-flight inspection has been removed from
the observation aircraft. If the observed Party is unable to demonstrate this to the satisfaction of
the observing Party, the observing Party shall have the right to proceed with the observation flight
or to cancel it, and when the observing Party is satisfied that it is safe to do so, depart from the
territory of the observed Party. In the latter case, no observation flight shall be recorded against
the quota of either State Party.
9. The inspectors shall immediately inform the observing Party if they establish that the
observation aircraft, its sensors or associated equipment do not correspond to those certified in
accordance with the provisions of Annex D to the Treaty, or that there are items of equipment on
board the observation aircraft other than those permitted by Article IV of the Treaty. If the
observing Party is unable to demonstrate that the observation aircraft, its sensors, and associated
equipment correspond to those certified in accordance with the provisions of Annex D to the
Treaty and that there are no items of equipment on board the observation aircraft other than those
permitted by Article IV of the Treaty, and if the observing and observed Parties do not agree
otherwise, the observed Party shall have the right to prohibit the observation flight pursuant to
Article VIII of the Treaty. If the observation flight is prohibited, the observation aircraft shall
promptly depart from the territory of the observed Party and no observation flight shall be
recorded against the quota of either State Party.
10. Upon completion of the pre-flight inspection of the observation aircraft and its sensors, the
observed and observing Parties shall prepare a pre-flight inspection report which shall state that:
(A) the observation aircraft, its sensors and associated equipment correspond to those certified
in accordance with the provisions of Annex D to the Treaty; and
(B) there are no items of equipment on board the observation aircraft other than those
perrmitted by Article IV of the Treaty.
11. Signature of the pre-flight inspection report by the observed Party shall signify its agreement
for the observing Party to use that observation aircraft to conduct an observation flight over the
territory of the observed Party.
SECTION II. PRE-FLIGHT INSPECTION OF SENSORS OF THE OBSERVED PARTY
1. The purpose of the pre-flight inspection of the sensors on an observation aircraft provided
by the observed Party is to confirm that the sensors and associated equipment correspond to those
certified in accordance with the provisions of Annex D to the Treaty. The observing Party shall
have the right to conduct a pre-flight inspection of the sensors and associated equipment installed
on an observation aircraft provided by the observed Party to confirm that its sensors and
associated equipment correspond to those certified in accordance with the provisions of Annex D
to the Treaty.
2. Upon arrival of the inspectors of the observing Party at the location of the pre-flight
inspection, the observing Party shall:
(A) provide a list of the inspectors, the number of whom shall not exceed five persons, unless
otherwise agreed, including the general function of each inspector;
(B) provide a list of the items of equipment that the inspectors intend to use during the pre-flight inspection; and
(C) inform the observed Party of its plan for the pre-flight inspection of the sensors and
associated equipment on board the observation aircraft.
3. Prior to the commencement of the pre-flight inspection, a designated individual from the
observed Party shall:
(A) brief the observing Party on the inventory procedures that shall be followed to confirm that
each item of equipment brought on board the observation aircraft by the inspectors has been
removed from the observation aircraft upon conclusion of the pre-flight inspection;
(B) together with the inspectors, conduct an examination and inventory of each item of
equipment to be used during the pre-flight inspection; and
(C) brief the inspectors on all necessary safety precautions that they must observe during the
pre-flight inspection of the sensors and associated equipment installed on the observation
aircraft.
4. The pre-flight inspection shall not begin until the completion of the formal arrival procedures
and shall take no longer than eight hours.
5. The observed Party shall have the right to provide its own escorts to accompany the
inspectors throughout the pre-flight inspection of the sensors and associated equipment on board
the observation aircraft to confirm that the inspection is conducted in accordance with the
provisions of this Section. The observed Party shall facilitate the inspection of the sensors and
associated equipment on board the observation aircraft by the inspectors in accordance with the
procedures specified in Annex D, Section II, paragraph 7 to the Treaty.
6. In conducting the pre-flight inspection, the inspectors shall have the right of access to the
sensors and associated equipment on board the observation aircraft in the same manner as
provided for in Annex D, Section II, paragraph 10 and shall comply with the provisions of Annex
D, Section II, paragraphs 11 and 12 to the Treaty.
7. Upon completion of the pre-flight inspection, the inspectors shall leave the observation
aircraft and the observed Party shall have the right to use its own inventory procedures to confirm
that all items of equipment have been removed from the observation aircraft. If the observing
Party is unable to demonstrate this to the satisfaction of the observed Party, the observed Party
shall have the right to prohibit the observation flight in accordance with Article VIII of the Treaty,
and no observation flight shall be recorded against the quota of either State Party.
8. The inspectors shall immediately inform the observed Party if they establish that any of the
sensors or associated equipment on board the observation aircraft do not correspond to those
certified in accordance with the provisions of Annex D to the Treaty. If the observed Party is
unable to demonstrate that the sensors or associated equipment on board the observation aircraft
correspond to those certified in accordance with Annex D to the Treaty, the observing Party shall
have the right to:
(A) agree to use an alternative package of sensor types or capabilities proposed by the observed
Party;
(B) proceed according to the original mission plan;
(C) accept a delay in the commencement of the observation flight to permit the observed Party
to rectify the problem determined to exist by the observing Party pursuant to this paragraph.
In the event that the problem is resolved to the satisfaction of the observing Party, the flight
shall proceed according to the mission plan, revised as necessary due to any delay. In the
event that the problem is not rectified to the satisfaction of the observing Party, the
observing Party shall depart the territory of the observed Party ; or
(D) cancel the observation flight, and immediately depart the territory of the observed Party.
9. If the observing Party leaves the territory of the observed Party not having conducted an
observation flight, as provided for in paragraph 8, subparagraphs (C) and (D) of this Section, no
observation flight shall be counted against the quota of either State Party.
10. Upon completion of the pre-flight inspection of the sensors and associated equipment
installed on the observation aircraft, the observed Party and the observing Party shall prepare a
pre-flight inspection report that shall state that the sensors correspond to those certified in
accordance with the provisions of Annex D to the Treaty. Signature of the pre-flight inspection
report by the observing Party shall signify its agreement to use that observation aircraft to conduct
an observation flight over the territory of the observed Party.
SECTION III. DEMONSTRATION FLIGHTS
1. In the event that the aircraft is provided by the observing Party, at the request of the
observed Party, the observing Party shall, following the pre-flight inspection, conduct a
demonstration flight to allow the inspectors to observe the functioning of the sensors that are to
be used during the observation flight and to collect sufficient data to allow them to confirm that
the capability of those sensors is in accordance with the provisions of Article IV, paragraph 8 of
the Treaty.
2. In the event that the aircraft is provided by the observed Party, at the request of the
observing Party, the observed Party shall, following the pre-flight inspection, conduct a
demonstration flight to allow the inspectors to observe the functioning of the sensors that are to
be used during the observation flight and to collect sufficient data to allow them to confirm that
the capability of those sensors is in accordance with the provisions of Article IV, paragraph 9 of
the Treaty.
3. In the event that either the observed or observing Party exercises its right to request a
demonstration flight:
(A) the demonstration flight shall be performed in accordance with the requirements of Annex
D, Section III;
(B) the demonstration flight shall last for no more than two hours;
(C) the observed Party shall provide calibration targets in accordance with the specifications in
Appendix 1 to Annex D to the Treaty in the vicinity of the airfield at which the pre-flight
inspection is to be conducted;
(D) any delay in carrying out a request for a demonstration flight caused by weather conditions
or problems with the aircraft or sensors of the observed Party shall not count against the
time allocated for such flights, unless otherwise agreed;
(E) the observed Party shall process the data collected by sensors at a facility in the vicinity of
the airfield at which the pre-flight inspection is to be conducted, in the presence of
personnel of the observing Party, in accordance with the provisions of Article IX, Sections
II and III of the Treaty; and
(F) the cost of the demonstration flight, including the provision of data recording media and the
processing of data, shall be distributed in accordance with the provisions of Annex L,
Section I, paragraph 9 to the Treaty.
4. In the event that the observed Party exercises its right to request a demonstration flight,
the observing Party shall have the right to add a period of up to 24 hours to the 96 hours allowed
for the conduct of the observation flight, pursuant to Article VI, Section I, paragraph 9. This shall
not affect the right of other States Parties to conduct observation flights after the original period
of 96 hours as provided for in Article VI, Section I, paragraph 3 of the Treaty.
5. In the event that the observing Party exercises its right to request a demonstration flight,
this shall be accomplished within the period of 96 hours allowed for the conduct of the
observation flight, pursuant to Article VI, Section I, paragraph 9 of the Treaty.
6. In the event that the observed Party is not satisfied that the capability of any sensor
installed on the observation aircraft provided by the observing Party is in accordance with the
provisions of Article IV, paragraph 8 of the Treaty, the observed Party shall have the right to:
(A) in the case of a sensor for which ground resolution is dependent upon height above ground
level, propose an alternative minimum height above ground level at which that sensor shall
be permitted to be operated during the observation flight;
(B) in the case of sensors for which ground resolution is not dependent upon height above
ground level, prohibit the operation of that sensor during the observation flight; or
(C) prohibit the observation flight pursuant to the provisions of Article VIII of the Treaty.
7. In the event that the observing Party is not satisfied that the capability of any sensor
installed on the observation aircraft provided by the observed Party is in accordance with the
provisions of Article IV, paragraph 9 of the Treaty, the observing Party shall have the right to:
(A) agree to use an alternative package of sensor types or capabilities proposed by the observed
Party;
(B) in the case of a sensor for which ground resolution is dependent upon height above ground
level, propose an alternative minimum height above ground level at which that sensor shall
be permitted to be operated during the observation flight;
(C) in the case of sensors for which ground resolution is not dependent upon height above
ground level, conduct the observation flight as planned, and the cost of the data recording
media for that sensor shall be borne by the observed Party;
(D) accept a delay in the commencement of the observation flight to permit the observed Party
to rectify the problem determined to exist by the observing Party. In the event that the
problem is resolved to the satisfaction of the observing Party, the flight shall proceed
according to the mission plan, revised as necessary due to any delay. In the event that the
problem is not rectified to the satisfaction of the observing Party, the observing Party shall
depart the territory of the observed Party; or
(E) cancel the observation flight pursuant to Article VIII of the Treaty and immediately depart
the territory of the observed Party.
8. In the event that the observation flight is prohibited or cancelled by the State Party
requesting the demonstration flight, no observation flight shall be counted against the quota of
either State Party, and the State Party requesting the demonstration flight shall convey the matter
to the Open Skies Consultative Commission.
ANNEX G
FLIGHT MONITORS, FLIGHT REPRESENTANVES,
AND REPRESENTATIVES
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.
ANNEX H
CO-ORDINATION OF PLANNED OBSERVATION FLIGHTS
1. In order to avoid potential time conflict regarding the conduct of observation flights over
the same State Party, each State Party having the right to conduct observation flights following
the annual distribution of active quotas may notify all other States Parties, no later than 1
November of each year, of its plans to utilize all or part of its active quota during the following
year. The notification shall indicate the number of observation flights that the notifying State
Party plans to conduct over the territory of other States Parties during each quarter of that year.
2. In no case shall the total number of observation flights planned and notified in accordance
with paragraph 1 of this Annex over the territory of any one State Party during a given quarter
exceed 16. Except as provided for in Article VI, Section I, paragraph 3, no State Party shall be
obliged to accept more than one observation flight at any time during the period specified in
Article VI, Section I, paragraph 9 of the Treaty.
3. States Parties that have notified, in accordance with paragraph 1 of this Annex, their plans
to utilize one or more active quotas for observation flights over the territory of the same State
Party during a given quarter or quarters shall hold consultations, if necessary, to avoid any
conflict in their planned observation flights. In the event that agreement on avoidance of conflict
cannot be reached through consultation among the States Parties involved, the issue shall be
resolved by the drawing of lots by such States Parties. The first of those consultations, regarding
observation flights in the quarter beginning 1 January of the following year, shall begin promptly
following receipt of the notification provided for in paragraph I of this Annex. Subsequent
consultations among the States Parties involved s