Resolução da Assembleia da República n.º 57/94 — Aprova, para ratificação, o Tratado sobre o Regime Céu Aberto

1 - Each State Party shall, at the same time that it deposits its instrument of ratification to either of the depositaries, provide to all other States Parties, for their review, a list of designated personnel who will carry out all duties relating to the conduct of observation flights for that State Party, including monitoring the processing of the sensor output. No such list of designated personnel shall include more than 400 individuals at any time. It shall contain the name, gender, date of birth, place of birth, passport number, and function for each individual included. Each State Party shall have the right to amend its list of designated personnel until 30 days after entry into force of this Treaty and once every six months thereafter.

2 - In the event that any individual included on the original or any amended list is unacceptable to a State Party reviewing the list, that State Party shall, no later than 30 days after receipt of each list, notify the State Party providing that list that such individual shall not be accepted with respect to the objecting State Party. Individuals not declared unacceptable within that 30-day period shall be deemed accepted. In the event that a State Party subsequently determines that an individual is unacceptable, that State Party shall so notify the State Party that designated such individual. Individuals who are declared unacceptable shall be removed from the list previously submitted to the objecting State Party.

3 - The observed Party shall provide visas and any other documents as required to ensure that each accepted individual may enter and remain on the territory of that State Party for the purpose of carrying out duties relating to the conduct of observation flights, including monitoring the processing of the sensor output. Such visas and any other necessary documents shall be provided either:

A) No later than 30 days after the individual is deemed to be accepted, in which case the visa shall be valid for a period of no less than 24 months; or

B) No later than one hour after the arrival of the individual at the point of entry, in which case the visa shall be valid for the duration of that individual's duties; or

C) At any other time, by mutual agreement of the States Parties involved.

Section II

Privileges and immunities

1 - In order to exercise their functions effectively, for the purpose of implementing this Treaty and not for their personal benefit, personnel designated in accordance with the provisions of section I, paragraph 1, of this article shall be accorded the privileges and immunities enjoyed by diplomatic agents pursuant to article 29, article 30, paragraph 2, article 31, paragraphs 1, 2 and 3, and articles 34 and 35 of the Vienna Convention on Diplomatic Relations of 18 April 1961, hereinafter referred to as the Vienna Convention. In addition, designated personnel shall be accorded the privileges enjoyed by diplomatic agents pursuant to article 36, paragraph 1, subparagraph b), of the Vienna Convention, except in relation to articles, the import or export of which is prohibited by law or controlled by quarantine regulations.

2 - Such privileges and immunities shall be accorded to designated personnel for the entire period between arrival on and departure from the territory of the observed Party, and thereafter with respect to acts previously performed in the exercise of their official functions. Such personnel shall also, when transiting the territory of other States Parties, be accorded the privileges and immunities enjoyed by diplomatic agents pursuant to article 40, paragraph 1, of the Vienna Convention.

3 - The immunity from jurisdiction may be waived by the observing Party in those cases when it would impede the course of justice and can be waived without prejudice to this Treaty. The immunity of personnel who are not nationals of the observing Party may be waived only by the States Parties of which such personnel are nationals. Waiver must always be express.

4 - Without prejudice to their privileges and immunities or the rights of the observing Party set forth in this Treaty, it is the duty of designated personnel to respect the laws and regulations of the observed Party.

5 - The transportation means of the personnel shall be accorded the same immunities from search, requisition, attachment or execution as those of a diplomatic mission pursuant to article 22, paragraph 3, of the Vienna Convention, except as otherwise provided for in this Treaty.

ARTICLE XIV

Benelux

1 - Solely for the purposes of articles II to IX and article XI, and of annexes A to I and annex K to this Treaty, the Kingdom of Belgium, the Grand Duchy of Luxembourg, and the Kingdom of the Netherlands shall be deemed a single State Party, hereinafter referred to as the Benelux.

2 - Without prejudice to the provisions of article XV, the above-mentioned States Parties may terminate this arrangement by notifying all other States Parties thereof. This arrangement shall be deemed to be terminated on the next 31 December following the 60-day period after such notification.

ARTICLE XV

Duration and withdrawal

1 - This Treaty shall be of unlimited duration.

2 - A State Party shall have the right to withdraw from this Treaty. A State Party intending to withdraw shall provide notice of its decision to withdraw to either depositary at least six months in advance of the date of its intended withdrawal and to all other States Parties. The depositaries shall promptly inform all other States Parties of such notice.

3 - In the event that a State Party provides notice of its decision to withdraw from this Treaty in accordance with paragraph 2 of this article, the depositaries shall convene a conference of the States Parties no less than 30 days and no more than 60 days after they have received such notice, in order to consider the effect of the withdrawal on this Treaty.

ARTICLE XVI

Amendments and periodic review

1 - Each State Party shall have the right to propose amendments to this Treaty. The text of each proposed amendment shall be submitted to either depositary, which shall circulate it to all States Parties for consideration. If so requested by no less than three States Parties within a period of 90 days after circulation of the proposed amendment, the depositaries shall convene a conference of the States Parties to consider the proposed amendment. Such a conference shall open no earlier than 30 days and no later than 60 days after receipt of the third of such requests.

2 - An amendment to this Treaty shall be subject to the approval of all States Parties, either by providing notification, in writing, of their approval to a depositary within a period of 90 days after circulation of the proposed amendment, or by expressing their approval at a conference convened in accordance with paragraph 1 of this article. An amendment so approved shall be subject to ratification in accordance with the provisions of article XVII, paragraph 1, and shall enter into force 60 days after the deposit of instruments of ratification by the States Parties.

3 - Unless requested to do so earlier by no less than three States Parties, the depositaries shall convene a conference of the States Parties to review the implementation of this Treaty three years after entry into force of this Treaty and at five-year intervals thereafter.

ARTICLE XVII

Depositaries, entry into force and accession

1 - This Treaty shall be subject to ratification by each State Party in accordance with its constitutional procedures. Instruments of ratification and instruments of accession shall be deposited with the Government of Canada or the Government of the Republic of Hungary or both, hereby designated the depositaries. This Treaty shall be registered by the depositaries pursuant to article 102 of the Charter of the United Nations.

2 - This Treaty shall enter into force 60 days after the deposit of 20 instruments of ratification, including those of the depositaries, and of States Parties whose individual allocation of passive quotas as set forth in annex A is eight or more.

3 - This Treaty shall be open for signature by Armenia, Azerbaijan, Georgia, Kazakhstan, Kirgistan, Moldova, Tajikistan, Turkmenistan and Uzbekistan and shall be subject to ratification by them. Any of these States which do not sign this Treaty before it enters into force in accordance with the provisions of paragraph 2 of this article may accede to it at any time by depositing an instrument of accession with one of the depositaries.

4 - For six months after entry into force of this Treaty, any other State participating in the Conference on Security and Co-Operation in Europe may apply for accession by submitting a written request to one of the depositaries. The depositary receiving such a request shall circulate it promptly to all States Parties. The States applying for accession to this Treaty may also, if they so wish, request an allocation of a passive quota and the level of this quota.

The matter shall be considered at the next regular meeting of the Open Skies Consultative Commission and decide in due course.

5 - Following six months after entry into force of this Treaty, the Open Skies Consultative Commission may consider the accession to this Treaty of any State which, in the judgement of the Commission, is able and willing to contribute to the objectives of this Treaty.

6 - For any State which has not deposited an instrument of ratification by the time of entry into force, but which subsequently ratifies or accedes to this Treaty, this Treaty shall enter into force 60 days after the date of deposit of its instrument of ratification or accession.

7 - The depositaries shall promptly inform all States Parties of:

A) The date of deposit of each instrument of ratification and the date of entry into force of this Treaty;

B) The date of an application for accession, the name of the requesting State and the result of the procedure;

C) The date of deposit of each instrument of accession and the date of entry into force of this Treaty for each State that subsequently accedes to it;

D) The convening of a conference pursuant to articles XV and XVI;

E) Any withdrawal in accordance with article XV and its effective date;

F) The date of entry into force of any amendments to this Treaty; and

G) Any other matters of which the depositaries are required by this Treaty to inform the States Parties.

ARTICLE XVIII

Provisional application and phasing of implementation of the Treaty

In order to facilitate the implementation of this Treaty, certain of its provisions shall be provisionally applied and others shall be implemented in phases.

Section I

Provisional application

1 - Without detriment to article XVII, the signatory States shall provisionally apply the following provisions of this Treaty:

A) Article VI, section I, paragraph 4;

B) Article X, paragraphs 1, 2, 3, 6 and 7;

C) Article XI;

D) Article XIII, section I, paragraphs 1 and 2;

E) Article XIV; and

F) Annex L, section I.

2 - This provisional application shall be effective for a period of 12 months from the date when this Treaty is opened for signature. In the event that this Treaty does not enter into force before the period of provisional application expires, that period may be extended if all the signatory States so decide. The period of provisional application shall in any event terminate when this Treaty enters into force. However, the States Parties may then decide to extend the period of provisional application in respect of signatory States that have not ratified this Treaty.

Section II

Phasing of implementation

1 - After entry into force, this Treaty shall be implemented in phases in accordance with the provisions set forth in this section. The provisions of paragraphs 2 to 6 of this section shall apply during the period from entry into force of this Treaty until 31 December of the third year following the year during which entry into force takes place.

2 - Notwithstanding the provisions of article IV, paragraph 1, no State Party shall during the period specified in paragraph 1 above use an infra-red line-scanning device if one is installed on an observation aircraft, unless otherwise agreed between the observing and observed Parties. Such sensors shall not be subject to certification in accordance with annex D. If it is difficult to remove such sensor from the observation aircraft, then it shall have covers or other devices that inhibit its operation in accordance with the provisions of article IV, paragraph 4, during the conduct of observation flights.

3 - Notwithstanding the provisions of article IV, paragraph 9, no State Party shall, during the period specified in paragraph 1 of this section, be obliged to provide an observation aircraft equipped with sensors from each sensor category, at the maximum capability and in the numbers specified in article IV, paragraph 2, provided that the observation aircraft is equipped with:

A) A single optical panoramic camera; or

B) Not less than a pair of optical framing cameras.

4 - Notwithstanding the provisions of annex B, section II, paragraph 2, subparagraph A), to this Treaty, data recording media shall be annotated with data in accordance with existing practice of States Parties during the period specified in paragraph 1 of this section.

5 - Notwithstanding the provisions of article VI, section I, paragraph 1, no State Party during the period specified in paragraph 1 of this section shall have the right to be provided with an aircraft capable of achieving any specified unrefuelled range.

6 - During the period specified in paragraph 1 of this section, the distribution of active quotas shall be established in accordance with the provisions of annex A, section II, paragraph 2, to this Treaty.

7 - Further phasing in respect of the introduction of additional categories of sensors or improvements to the capabilities of existing categories of sensors shall be addressed by the Open Skies Consultative Commission in accordance with the provisions of article IV, paragraph 3, concerning such introduction or improvement.

ARTICLE XIX

Authentic texts

The originals of this Treaty, of which the English, French, German, Italian, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the depositaries. Duly certified copies of this Treaty shall be transmitted by the depositaries to all the States Parties.

ANNEX A

Quotas and maximum flight distances

Section I

Allocation of passive quotas

1 - The allocation of individual passive quotas is set forth as follows and shall be effective only for those States Parties having ratified the Treaty:

For the Federal Republic of Germany ... 12

For the United States of America ... 42

For the Republic of Belarus and the Russian Federation group of States Parties ... 42

For Benelux ... 6

For the Republic of Bulgaria ... 4

For Canada ... 12

For the Kingdom of Denmark ... 6

For the Kingdom of Spain ... 4

For the French Republic ... 12

For the United Kingdom of Great Britain and Northern Ireland ... 12

For the Hellenic Republic ... 4

For the Republic of Hungary ... 4

For the Republic of Iceland ... 4

For the Italian Republic ... 12

For the Kingdom of Norway ... 7

For the Republic of Poland ... 6

For the Portuguese Republic ... 2

For Romania ... 6

For the Czech and Slovak Federal Republic ... 4

For the Republic of Turkey ... 12

For Ukraine ... 12

2 - In the event that an additional State ratifies or accedes to the Treaty in accordance with the provisions of article XVII and article X, paragraph 4, subparagraph C), and taking into account article X, paragraph 4, subparagraph D), an allocation of passive quotas to such a State shall be considered during the regular session of the Open Skies Consultative Commission following the date of deposit of its instrument of ratification or accession.

Section II

First distribution of active quotas for observation flights

1 - The first distribution of active quotas pursuant to article III, section I, paragraph 6, of the Treaty shall be such that each State Party shall be obliged to accept over its territory a number of observation flights no greater than 75 per cent, rounded down to the nearest whole number, of the individual passive quota allocated as set forth in section I, paragraph 1, of this annex. On this basis, and for those States Parties which have conducted negotiations in the framework of the Open Skies Conference in Vienna, the first distribution in respect of each other shall be valid from the date of entry into force of the Treaty until 31 December following the year during which the Treaty has entered into force and shall be effective only for those States Parties having ratified the Treaty. This first distribution is set forth as follows:

The Federal Republic of Germany shall have the right to conduct three observation flights over the territory of the Republic of Belarus and the Russian Federation group of States Parties, and one observation flight over the territory of Ukraine;

The United States of America shall have the right to conduct eight observation flights over the territory of the Republic of Belarus and the Russian Federation group of States Parties, and one observation flight, shared with Canada, over the territory of Ukraine;

The Republic of Belarus and Russian Federation group of States Parties shall have the right to conduct two observation flights over the territory of Benelux, as referred to in article XIV of the Treaty, two observation flights over the territory of Canada, two observation flights over the territory of the Kingdom of Denmark, three observation flights over the territory of the French Republic, three observation flights over the territory of the Federal Republic of Germany, one observation flight over the territory of the Hellenic Republic, two observation flights over the territory of the Italian Republic, two observation flights over the territory of the Kingdom of Norway, two observation flights over the territory of the Republic of Turkey, three observation flights over the territory of the United Kingdom of Great Britain and Northern Ireland, and four observation flights over the territory of the United States of America;

The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, referred to as the Benelux, shall have the right to conduct one observation flight over the territory of the Republic of Belarus and the Russian Federation group of States Parties, and one observation flight over the territory of the Republic of Poland;

The Republic of Bulgaria shall have the right to conduct one observation flight over the territory of the Hellenic Republic, one observation flight over the territory of the Italian Republic, and one observation flight over the territory of the Republic of Turkey;

Canada shall have the right to conduct two observation flights over the territory of the Republic of Belarus and the Russian Federation group of States Parties, one observation flight over the territory of the Czech and Slovak Federal Repuplic, one observation flight over the territory of the Republic of Poland, and one observation flight, shared with the United States of America, over the territory of Ukraine;

The Kingdom of Denmark shall have the right to conduct one observation flight over the territory of the Republic of Belarus and the Russian Federation group of States Parties, and one observation flight over the territory of the Republic of Poland;

The Kingdom of Spain shall have the right to conduct one observation flight over the territory of the Czech and Slovak Federal Republic;

The French Republic shall have the right to conduct three observation flights over the territory of the Republic of Belarus and the Russian Federation group of States Parties, and one observation flight over the territory of Romania;

The United Kingdom of Great Britain and Northern Ireland shall have the right to conduct three observation flights over the territory of the Republic of Belarus and the Russian Federation group of States Parties, and one observation flight over the territory of Ukraine;

The Hellenic Republic shall have the right to conduct one observation flight over the territory of the Republic of Bulgaria, and one observation flight over the territory of Romania;

The Republic of Hungary shall have the right to conduct one observation flight over the territory of Romania, and one observation flight over the territory of Ukraine;

The Italian Republic shall have the right to conduct two observation flights over the territory of the Republic of Belarus and the Russian Federation group of States Parties, one observation flight over the territory of the Republic of Hungary, and one observation flight, shared with the Republic of Turkey, over the territory of Ukraine;

The Kingdom of Norway shall have the right to conduct two observation flights over the territory of the Republic of Belarus and the Russian Federation group of States Parties, and one observation flight over the territory of the Republic of Poland;

The Republic of Poland shall have the right to conduct one observation flight over the territory of the Federal Republic of Germany, one observation flight over the territory of the Republic of Belarus and the Russian Federation group of States Parties, and one observation flight over the territory of Ukraine;

Romania shall have the right to conduct one observation flight over the territory of the Republic of Bulgaria, one observation flight over the territory of the Hellenic Republic, one observation flight over the territory of the Republic of Hungary, and one observation flight over the territory of Ukraine;

The Czech and Slovak Federal Republic shall have the right to conduct one observation flight over the territory of the Federal Republic of Germany, and one observation flight over the territory of Ukraine;

The Republic of Turkey shall have the right to conduct two observation flights over the territory of the Republic of Belarus and the Russian Federation group of States Parties, one observation flight over the territory of the Republic of Bulgaria, and two observation flights, one of which is shared with the Italian Republic, over the territory of Ukraine;

Ukraine shall have the right to conduct one observation flight over the territory of the Czech and Slovak Federal Republic, one observation flight over the territory of the Republic of Hungary, one observation flight over the territory of the Republic of Poland, one observation flight over the territory of Romania, and two observation flights over the territory of the Republic of Turkey.

2 - Following this first distribution and until the date of full implementation of the Treaty specified in article XVIII to that effect for the use of active quotas, annual distributions shall be based on the 75 per cent rule established in paragraph 1 of this section in relation to the allocation of individual passive quotas.

3 - From the date of full implementation of the Treaty each State Party shall accept during subsequent distributions of active quotas over its territory, if so requested, a number of observation flights up to the full amount of its individual passive quota. Whenever possible or requested and unless otherwise agreed, those distributions shall be based on a proportionate increase of the active quotas distributed in the first distribution.

4 - In the event that an additional State ratifies or accedes to the Treaty in accordance with the provisions of article XVII, the distribution of active quotas to such State shall be considered during the regular session of the Open Skies Consultative Commission following the date of the deposit of its instrument of ratification or accession, subject to the following provisions:

A) The ratifying or acceding State shall have the right to request observation flights over the territories of States Parties within the passive quota allocated to that State in accordance with the provisions of section I, paragraph 3, of this annex, and within the passive quotas of the States Parties requested for observation flights, unless otherwise agreed by the States Parties involved; and

B) All States Parties shall have at the same time the right to request observation flights over the territory of that signing or acceding State within their active quotas and within the passive quota allocated to that State.

Section III

Maximum flight distances of observation flights

The maximum flight distances of observation flights over the territories of observed Parties commencing from each open skies airfield are as follows:

Kilometres

The Federal Republic of Germany:

Wunstorf ... 1,200

Landsberg-Lech ... 1,200

The United States of America:

Washington-Dulles ... 4,900

Travis AFB ... 4,000

Elmendorf AFB ... 3,000

Lincoln-Municipal ... 4,800

The Republic of Belarus and the Russian Federation group of States Parties:

Kubinka ... 5,000

Ulan Ude ... 5,000

Vorkuta ... 6,5000

Magadan ... 6,5000

Benelux:

Zaventem-Melsbroek ... 945

The Republic of Bulgaria:

Sofia ... 660

Burgas ... 660

Canada:

Ottawa ... 5,000

Iqaluit ... 6,000

Yellowknife ... 5,000

The Kingdom of Denmark:

Metropolitan ... 800

Faroe Islands ... 250

Greenland ... 5,600

The Kingdom of Spain:

Getafe ... 1,300

Gando ... 750

Valencia ... 1,300

Valladolid ... 1,300

Moron ... 1,300

The French Republic:

Orleans-Bricy ... 1,400

Nice-Côte d'Azur ... 800

Toulouse-Blagnac ... 700

The United Kingdom of Great Britain and Northern Ireland:

Brize Norton ... 1,150

Scampton ... 1,150

Leuchars ... 1,150

With Scilly Islands ... 1,500

With Shetland Islands ... 1,500

The Hellenic Republic:

Thessaloniki ... 900

Elefsis ... 900

With Crete, Karpathos, Rhodes, Kos Islands ... 1,100

The Republic of Hungary:

Budapest-Ferihegy ... 860

The Republic of Iceland ... 860

The Italian Republic:

Milano-Malpensa ... 1,130

Palermo-Punta Raisi ... 1,400

The Kingdom of Norway:

Oslo-Gardermoen ... 1,700

Tromsoe-Langnes ... 1,400

The Republic of Poland:

Warszawa-Okecie ... 1,400

The Portuguese Republic:

Lisboa ... 1,200

Santa Maria ... 1,700

Porto Santo ... 1,030

Romania:

Bucharest-Otopeni ... 900

Timisoara ... 900

Bacau ... 900

The Czech and Slovak Federal Republic:

Praha ... 600

Bratislava ... 700

Kosice ... 400

The Republic of Turkey:

Eskisehir ... 1,500

Diyarbakir ... 1,500

Ukraine:

Borispol ... 2,100

ANNEX B

Information on sensors

Section I

Technical information

1 - Pursuant to article IV, paragraph 10, each State Party shall inform all other States Parties of the applicable technical information listed in this section on each sensor installed on the observation aircraft designated by that State Party pursuant to article V of the Treaty.

2 - The following technical information shall be provided for optical panoramic and framing cameras:

A) Type and model;

B) Field of view along and across the flight path, or scan angles, in degrees;

C) Frame size, in millimetres by millimetres;

D) Exposure times, in seconds;

E) Types and colours of optical filters used and their filter factor;

F) For each lens:

1) Name;

2) Focal length, in millimetres;

3) Maximum relative aperture of the lens;

4) Resolving power at a contrast ratio of 1000 to 1 or the equivalent modulation of 1.0, at the maximum relative aperture, in lines per millimetre;

G) Minimum and maximum photographic time intervals, in seconds, or cycle rates, in frames per second, if applicable;

H) Maximum velocity over height ratio, if applicable;

I) For optical framing cameras, the maximum angle measured from the horizontal, or the minimum angle measured from the vertical, in degrees; and

J) Maximum altitude for operation in metres, if applicable.

3 - The following technical information shall be provided for video cameras:

A) Type and model;

B) Field of view, along and across the flight path, in degrees;

C) For the lens:

1) Focal length, in millimetres;

2) Maximum relative aperture;

3) Resolving power at a contrast ratio of 1000 to 1 or the equivalent modulation of 1.0, at the maximum relative aperture, in lines per millimetre;

D) Detector element size, in micrometres, or equivalent information on the tube;

E) Number of detector elements;

F) System light sensitivity, in lux or watts per square centimetre; and

G) Spectral bandwidth, in nanometres.

4 - The following technical information shall be provided for infra-red line-scanning devices:

A) Type and model;

B) Field of view or scan angles, in degrees;

C) Minimum instantaneous field of view, along and across the flight path, in milliradians;

D) Spectral bandwidth, in micrometres;

E) Minimum resolvable temperature difference, in degrees Celsius;

F) Temperature of detector during operation, in degrees Celsius;

G) Time required from switch-on for the system to start up and cool down to its normal operating temperature, in minutes;

H) Maximum operating time, if applicable;

I) Maximum velocity over height ratio; and

J) Maximum altitude for operation in metres, if applicable.

5 - The following technical information shall be provided for sideways-looking synthetic aperture radar:

A) Type and model;

B) Radar frequency bands, and specific operating frequency, in megahertz;

C) Polarisations;

D) Number of radar pulses, per metre or second;

E) Near range angular limit of operation, in degrees from vertical;

F) Swath width, in kilometres;

G) Ground resolution in range and azimuth, in the slant plane, in metres;

H) Maximum altitude for operation in metres, if applicable; and

I) Transmitter output power, in watts.

6 - The following technical information shall be provided for sensors that record data on photographic film:

A) The types of film that may be used with each sensor;

B) Width of film, in millimetres;

C) Film resolution at a contrast ratio of 1000 to 1 or the equivalent modulation of 1.0, in lines per millimetre; and

D) Capacity of magazine for each type of film, in metres.

7 - The following technical information shall be provided for sensors that record data on other recording media:

A) Type and model of the data recording equipment;

B) Type and format of data recording media;

C) Bandwidth, in hertz, if applicable;

D) Data recording rate, in megabits per second, if applicable;

E) Capacity of recording media, in minutes or megabits; and

F) Format for storage of data collected by sensors and data annotation.

Section II

Annotation of data

1 - The following items of information shall be annotated on data collected by sensors during an observation period on the leader of each roll of the original film negative or at the beginning of each other recording medium in accordance with the provisions of appendix 1 to this annex:

A) Observation flight reference number;

B) Date of observation flight;

C) Sensor description;

D) Sensor configuration; and

E) Focal length, if applicable.

2 - The following items of information shall be recorded manually or electronically from the navigation and avionics systems of the observation aircraft and annotated on data collected by sensors during an observation period in a manner that does not obscure detail, in accordance with the provisions of appendix 1 to this annex:

A) For optical cameras:

1) At the start of the observation period and at any intermediate location during the observation period where there is a significant change of height above ground level, heading or groundspeed, and at intervals to be determined by the Open Skies Consultative Commission within the period of provisional application:

2) On every frame of photographic film:

B) For video cameras and infra-red line-scanning devices, at the start of the observation period and at any intermediate location during the observation period where there is a significant change of height above ground level, heading or groundspeed, and at intervals to be determined by the Open Skies Consultative Commission within the period of provisional application:

1) Date and time;

2) Height above ground level;

3) Location;

4) True heading; and

5) Scan angle;

C) For sideways-looking synthetic aperture radar:

1) At the start of the observation period and at any intermediate location during the observation period where there is a significant change of height above ground level, heading or groundspeed, and at intervals to be determined by the Open Skies Consultative Commission within the period of provisional application:

2) Each time they are measured in order to ensure correct processing of the image:

3 - For copies of single frames or strips of imagery produced from the original film negative or other recording media, the items of information listed in paragraphs 1 and 2 of this section shall be annotated on each positive print.

4 - States Parties shall have the right to annotate data collected during an observation flight using either alphanumeric values, or codes to be agreed by the Open Skies Consultative Commission during the period of provisional application.

APPENDIX 1 TO ANNEX B

Annotation of data collected during an observation flight

1 - The reference number of the observation flight shall be indicated by a single group of six alphanumeric characters in accordance with the following convention:

A) The letters «OS»;

B) The last digit of the calendar year for which the individual active quota applies; and

C) A three-digit number to represent each individual observation flight comprising the active quota distributed during the annual review within the framework of the Open Skies Consultative Commission for a calendar year to a State Party over the territory of another State Party.

2 - The sensor description shall be indicated by a single block of up to six alphanumeric characters comprising two groups in accordance with the following convention:

A) A group of up to four characters to represent the category of the sensor in accordance with the following convention:

1) «OP» - optical panoramic camera;

2) «OF» - optical framing camera;

3) «TV» - video camera;

4) «IRLS» - infra-red line-scanning device; or

5) «SAR» - sideways-looking synthetic aperture radar;

B) A group of two characters to represent the type of the recording medium in accordance with the following convention:

1) «BI» - black and white, iso-panchromatic;

2) «BM» - black and white, monochromatic;

3) «BP» - black and white, panchromatic;

4) «BR» - black and white, reversal;

5) «TA» - tape, analogue; or

6) «TD» - tape, digital.

3 - The sensor configuration shall be indicated by a single block of up to nine alphanumeric characters comprising three groups in accordance with the following convention:

A) A group of four alphanumeric characters to represent the installation of the sensor on the observation aircraft either as:

1) An internal installation, which shall be denoted by the code «INT», followed by a number to indicate the relative location of the installation of the sensor on the observation aircraft in sequence from nose to tail of the observation aircraft; or

2) A podded installation, which shall be denoted by the code «POD», followed by one of the following three letters:

B) A group of up to three alphanumeric characters to represent the type of installation in accordance with the following convention:

1) A vertical installation in which the sensor is not tilted more than five degrees from the vertical shall be denoted by the letter «V»;

2) An oblique installation in which the sensor is tilted more than five degrees from the vertical shall be denoted by one of the following two letters, followed by the depression angle in degrees:

3) A fan installation of two or more sensors shall be denoted by the letter «F»;

C) For a fan installation, a group of up to two numbers to indicate the number and position of the sensors as follows:

1) The first number to indicate the total number of sensors in that installation; and

2) The second number to indicate the individual sensor position, in sequence from left to right relative to the direction of flight of the observation aircraft.

4 - The focal length of a lens shall be provided in millimetres.

5 - The date and time shall be provided to the nearest minute of co-ordinated universal time.

6 - The average height above ground level of the observation aircraft shall be denoted by a five-digit number, followed by a code to represent the units of measurement in either feet, by the letter «F», or metres, by the letter «M».

7 - The latitude and longitude of the location of the observation aircraft shall be provided in degrees to the nearest one-hundredth of a degree, in the format «dd.dd (N or S) ddd.dd (E or W)», or in degrees and minutes to the nearest minute, in the format «dd mm (N or S) ddd mm (E or W)».

8 - The true heading of the observation aircraft shall be provided in degrees to the nearest degree.

9 - The roll angle of the observation aircraft shall be provided in degrees followed by a code to indicate whether the roll is to the left, by the letter «L», or to the right, by the letter «R».

10 - The pitch angle of the observation aircraft shall be provided in degrees followed by a code to indicate whether the pitch is up, by the letter «U», or down, by the letter «D», relative to the horizontal.

11 - The drift angle of the observation aircraft shall be provided in degrees followed by a code to indicate whether the drift is to the left, by the letter «L», or to the right, by the letter «R», relative to the flight path of the observation aircraft.

12 - The groundspeed of the observation aircraft shall be denoted by a three-digit number followed by a two-letter code to indicate the units of measurement in either nautical miles, by the letters «NM», or kilometres, by the letters «KM», per hour.

13 - The nearest point of the swath width shall be provided in kilometres.

14 - The look down angle shall be provided in degrees measured from the vertical.

15 - The swath width shall be provided in kilometres.

16 - For photographic film, each magazine used during an observation flight from the same sensor shall be numbered in sequence starting from one. Each frame on the original film negative exposed by each sensor shall be individually numbered in sequence, from the first frame to the last frame of that magazine of that sensor. In each case when the film is numbered using one or two numbers per frame, a single frame shall be defined without ambiguity by specifying either the number closest to the centre of the frame, or, in the event that the numbers are equidistant from the centre, the smaller whole number.

ANNEX C

Information on observation aircraft

Pursuant to the provisions of article V, paragraph 2, of the Treaty, States Parties, when designating aircraft as observation aircraft, shall notify all other States Parties of the information specified below.

1 - Identification:

A) Type and model; and

B) Number, category, type and configuration of each sensor installed on the observation aircraft, as provided in accordance with the provisions of annex B to the Treaty.

2 - Mission planning:

A) For each type and configuration of sensor installed on the observation aircraft:

1) For which ground resolution is dependent upon height above ground level, the height above ground level in metres at which that sensor achieves the ground resolution for that category of sensor specified in article IV, paragraph 2, of the Treaty;

2) For which ground resolution is not dependent upon height above ground level, the altitude for maximum range;

B) Optimum cruising speed in kilometres per hour at each altitude specified in accordance with subparagraph A) of this paragraph;

C) Fuel consumption in kilograms per hour at optimum cruising speed at each altitude specified in accordance with subparagraph A) of this paragraph.

3 - Navigation, communications and landing aids:

A) Each type of navigation equipment installed on the observation aircraft, including its positional accuracy, in metres; and

B) Radio communications, approach and landing aid equipment installed on the observation aircraft, in accordance with standard ICAO practice.

4 - Ground handling:

A) Length, wingspan, maximum height, wheel base, and turning radius;

B) Maximum take-off weight and maximum landing weight;

C) Airfield runway length and pavement strength required at maximum take-off and landing weights, including any capability for landing on unpaved strips;

D) Types and capacities of fuel, oils, hydraulic fluid and oxigen;

E) Types of electrical servicing and starting units; and

F) Any special requirements.

5 - Accommodation facilities:

A) Number of flight crew;

B) Number of sensor operators;

C) Number of flight representatives, flight monitors or representatives who could be seated on board; and

D) Sleeping berths.

ANNEX D

Certification of observation aircraft and sensors

Section I

General provisions

1 - Each State Party shall have the right to participate in the certification of an observation aircraft of each type and model and its associated set of sensors designated by another State Party pursuant to article V of the Treaty, during which the observation aircraft and its sensors shall be examined both on the ground and in-flight.

2 - Each certification shall be conducted in order to establish:

A) That the aircraft is of a type and model designated pursuant to article V of the Treaty;

B) That the sensors installed on the observation aircraft are of a category specified in article IV, paragraph 1, of the Treaty and satisfy the requirements specified in article IV, paragraph 2, of the Treaty;

C) That the technical information has been provided in accordance with the provisions of annex B, section I, to the Treaty;

D) In the event that the ground resolution of a sensor is dependent upon height above ground level, the minimum height above ground level from which each sensor installed on an observation aircraft of that type and model may be operated during an observation flight, pursuant to the limitation on ground resolution specified in article IV, paragraph 2, of the Treaty;

E) In the event that the ground resolution is not dependent upon height above ground level, the ground resolution of each such sensor installed on an observation aircraft of that type and model, pursuant to the limitation on ground resolution specified in article IV, paragraph 2, of the Treaty; and

F) That the covers for sensor apertures or other devices that inhibit the operation of sensors are in their proper position in accordance with the provisions of article IV, paragraph 4, of the Treaty.

3 - Each State Party conducting a certification shall notify all other States Parties, no less than 60 days in advance, of the period of seven days during which the certification of that observation aircraft and its sensors will take place. Such notification shall specify:

A) The State Party conducting the certification of the observation aircraft and its sensors;

B) The point of entry at which personnel of the States Parties taking part in the certification should arrive;

C) The location at which the certification is to be conducted;

D) The dates on which the certification is to begin and end;

E) The number, type and model of each observation aircraft to be certified; and

F) The type and model, description and configuration of each sensor installed on the observation aircraft to be certified, in accordance with the format specified in annex B, appendix 1, to the Treaty.

4 - No later than ten days after receipt of the notification pursuant to the provisions of paragraph 3 of this section, each State Party shall notify all other States Parties of its intention to participate in the certification of such aircraft and its sensors pursuant to the provisions of article IV, paragraph 11. The number of individuals that shall participate in the certification from amongst those States Parties that notified their intention to participate shall be decided upon within the Open Skies Consultative Commission. Unless otherwise agreed, the number of individuals shall total no more than 40 and include no more than four from any one State Party. In the event that two or more States Parties notify their intention to conduct a certification during the same period, it shall be decided within the Open Skies Consultative Commission which of them shall conduct the certification in this period.

5 - Each State Party taking part in the certification shall notify the State Party conducting the certification no less than 30 days prior to the date on which the certification of the observation aircraft is to begin, as notified in accordance with paragraph 3 of this section, of the following:

A) The names of the individuals taking part in the certification and, in the event that a non-commercial transport aircraft is used to travel to the point of entry, a list of the names of the crew members, in each case specifying gender, date of birth, place of birth and passport number. All such individuals shall be on the list of individuals designated pursuant to article XIII, section I, of the Treaty;

B) The date and the estimated time of arrival of such individuals at the point of entry; and

C) The mode of transport used to arrive at the point of entry.

6 - No less than 14 days prior to the date on which the certification of the observation aircraft is to begin, as notified in accordance with paragraph 3 of this section, the State Party conducting the certification shall provide the States Parties which are taking part in the certification with the following information for each sensor installed on the observation aircraft, and for associated equipment used for the annotation of data collected by sensors:

A) A description of each constituent part of the sensor, including its purpose, and any connection to associated equipment used for the annotation of data;

B) Photographs taken of each sensor separate from the observation aircraft, in accordance with the following specifications:

1) Each sensor shall fill at least 80 per cent of the photograph either horizontally or vertically;

2) Such photographs may be either colour or black and white and shall measure 18 centimetres by 24 centimetres, excluding the border; and

3) Each photograph shall be annotated with the category of the sensor, its type and model, and the name of the State Party that is presenting the sensor for certification;

C) Instructions on the in-flight operation of each sensor.

7 - In the event that no State Party notifies its intention to take part in the certification in accordance with the provisions of paragraph 5 of this section, the State Party shall conduct by itself an in-flight examination in accordance with the provisions of section III of this annex and complete a certification report in accordance with the provisions of section IV of this annex.

8 - The provisions of article XIII, section II, of the Treaty shall apply to the personnel of each State Party taking part in the certification during the entire period of their stay on the territory of the State Party conducting the certification.

9 - The personnel of each State Party taking part in the certification shall leave the territory of the State Party conducting the certification promptly after signing the certification report.

Section II

Ground examination

1 - With the approval of the State Party conducting the certification, ground examinations by more than one State Party may be conducted simultaneously. States Parties shall have the right jointly to conduct a ground examination of the observation aircraft and its sensors. The State Party conducting the certification shall have the right to determine the number of personnel engaged at any one time in the ground examination of an observation aircraft and its sensors.

2 - Unless otherwise agreed, the ground examination shall not exceed three eight-hour periods for each observation aircraft and its sensors.

3 - Prior to the commencement of the ground examination, the State Party conducting the certification shall provide the States Parties taking part in the certification with the following information:

A) For optical panoramic and framing cameras:

1) The modulation transfer curve of the response of the lens to spatial frequency (frequency/contrast characteristic) at the maximum relative aperture of that lens, in lines per millimetre;

2) Specifications of the black and white aerial film that will be used to collect data during an observation flight, or for the duplication of such data, in accordance with the provisions of annex K, section I, paragraph 2, to the Treaty;

3) Specifications of the film processors which will be used to develop original film negatives and duplicators that will be used to produce film positives or negatives, in accordance with the provisions of annex K, section I, paragraph 1, to the Treaty; and

4) Flight test data showing ground resolution as a function of height above ground level for each type of aerial film that will be used with the optical camera;

B) For video cameras, flight test data from all output devices showing ground resolution as a function of height above ground level;

C) For infra-red line-scanning devices, flight test data from all output devices showing ground resolution as a function of height above ground level; and

D) For sideways-looking synthetic aperture radar, flight test data from all output devices showing ground resolution as a function of slant range from the aircraft.

4 - Prior to the commencement of the ground examination, the State Party conducting the certification shall provide a briefing to the State Party or States Parties taking part in the certification on:

A) Its plan for the conduct of the ground examination of the observation aircraft and its sensors;

B) The observation aircraft, as well as its sensors, associated equipment and covers for sensor apertures or other devices that inhibit the operation of sensors, indicating their location on the observation aircraft with the help of diagrams, photographs, slides and other visual materials;

C) All necessary safety precautions that shall be observed during the ground examination of the observation aircraft and its sensors; and

D) The inventory procedures that escorts of the State Party conducting the certification intend to use pursuant to paragraph 6 of this section.

5 - Prior to the commencement of the ground examination, each State Party taking part in the certification shall deliver to the State Party conducting the certification a list of each item of equipment to be used during the ground examination or in-flight examination. The States Parties conducting the examination shall be permitted to take on board the observation aircraft and use video cameras, hand-held audio recorders and hand-held electronic computers. The States Parties taking part in the certification shall be permitted to use other items of equipment, subject to the approval of the State Party conducting the certification.

6 - The States Parties taking part in the certification shall, together with the State Party conducting the certification, conduct an inventory of each item of equipment provided for in paragraph 5 of this section, and review the inventory procedures which shall be followed to confirm that each item of equipment brought on board the observation aircraft by the States Parties taking part in the certification has been removed from the observation aircraft upon conclusion of the examination.

7 - Personnel of each State Party taking part in the certification shall have the right to conduct the following activities during the ground examination on the observation aircraft and of each sensor installed on the observation aircraft:

A) Confirm that the number and configuration of each sensor installed on the observation aircraft correspond to the information provided in accordance with the provisions of section I, paragraph 6, of this annex, annex C and annex B, section I;

B) Familiarize themselves with the installation of each sensor on the observation aircraft, including the constituent parts thereof and their connections to each other and to any associated equipment used for the annotation of data;

C) Obtain a demonstration of the control and operation of each sensor; and

D) Familiarize themselves with the flight test data provided in accordance with the provisions of paragraph 3 of this section.

8 - At the request of any State Party taking part in the certification, the State Party conducting the certification shall photograph any sensor installed on the observation aircraft, the associated equipment on the observation aircraft, or the sensor apertures with their covers or devices which inhibit the operation of sensors. Such photographs shall fulfil the requirements specified in section I, paragraph 6, subparagraphs B), 1), 2) and 3), of this annex.

9 - The State Party conducting the certification shall have the right to designate personnel to accompany throughout the ground examination the personnel of the States Parties taking part in the certification to confirm compliance with the provisions of this section. The personnel of the State Party conducting the certification shall not interfere with the activities of the States Parties taking part in the certification, unless such activities conflict with the safety precautions provided for in paragraph 4, subparagraph C), of this section.

10 - The State Party conducting the certification shall provide the States Parties taking part in the certification access to the entire observation aircraft, its sensors and associated equipment and sufficient power to operate its sensors and associated equipment. The State Party conducting the certification shall open such compartments or remove panels or barriers, to the extent necessary to permit examination of any sensor and associated equipment subject to certification.

11 - Notwithstanding the provisions of this section, the ground examination shall be conducted in a manner that does not:

A) Degrade, damage, or prevent subsequent operation of the observation aircraft or its sensors;

B) Alter the electrical or mechanical structure of the observation aircraft or its sensors; or

C) Impair the airworthiness of the observation aircraft.

12 - The States Parties taking part in the certification shall have the right to take measurements, and make notes, sketches, similar records and recordings using the items of equipment listed in paragraph 5 of this section, relating to the observation aircraft, its sensors and their associated equipment. Such working materials may be retained by the State Party taking part in the certification and shall not be subject to any review or examination by the State Party conducting the certification.

13 - The State Party conducting the certification shall make every effort to answer questions of the States Parties taking part in the certification that pertain to the ground examination.

14 - Upon completion of the ground examination, the States Parties taking part in the certification shall leave the observation aircraft, and the State Party conducting the certification shall have the right to use its own inventory procedures set forth in accordance with paragraph 6 of this section to confirm that all the equipment used during the ground examination in accordance with paragraph 5 of this section has been removed from the observation aircraft.

Section III

In-flight examination

1 - In addition to conducting a ground examination of the observation aircraft and its sensors, the State Party conducting the certification shall conduct one in-flight examination of its sensors which shall be sufficient to:

A) Permit observation of the operation of all the sensors installed on the observation aircraft;

B) In the event that the ground resolution of a sensor is dependent upon height above ground level, establish the minimum height above ground level from which each such sensor installed on an observation aircraft of that type and model shall be operated for any observation flight, in accordance with the limitation on ground resolution specified in article IV, paragraph 2, of the Treaty; and

C) In the event that the ground resolution of a sensor is not dependent upon height above ground level, estalish the ground resolution of each such sensor installed on an observation aircraft of that type and model is in accordance with the limitation on ground resolution specified in article IV, paragraph 2, of the Treaty.

2 - Prior to the commencement of the in-flight examination of the sensors, the State Party conducting the certification shall brief the States Parties participating in the certification on its plan for the conduct of the in-flight examination. This briefing shall include the following information:

A) A diagram of the calibration targets that it intends to use for the in-flight examination in accordance with the provisions of appendix 1, section I, paragraph 5, to this annex;

B) The estimated time, meteorological conditions, number, direction and height above ground level of each pass over the calibration target appropriate to each sensor to be certified; and

C) All necessary safety precautions that shall be observed during the in-flight examination of the observation aircraft and its sensors.

3 - Prior to and during the conduct of the in-flight examination, States Parties taking part in the certification shall have the right to visit the location of the calibration targets. The State Party conducting the certification shall provide such items of equipment as required to confirm that the calibration targets meet the specifications set forth in appendix 1, section I, to this annex.

4 - The in-flight examination shall be conducted during clear atmospheric daytime conditions, unless otherwise agreed, over the calibration targets appropriate to each category of sensor installed on the observation aircraft in accordance with the provisions of appendix 1, section II, to this annex, to determine the ground resolution of each sensor.

5 - The State Party conducting the certification shall provide such data on the meteorological conditions at the location of the calibration targets during the in-flight examination of the sensors as are necessary to make the calculations in accordance with the methodologies specified in appendix 1, section III, to this annex.

6 - Each State Party shall have the right to designate personnel to take part in the in-flight examination. In the event that the number of individuals so designated exceeds the passenger capacity of the observation aircraft, the States Parties participating in the certification shall agree which of its personnel shall participate in the in-flight examination.

7 - Personnel of the States Parties designated pursuant to paragraph 6 of this section shall have the right to observe the operation of the sensors by personnel of the State Party conducting the certification.

8 - Personnel of the States Parties taking part in the certification shall have the right to monitor the unsealing of the film cassette and the storage, processing and handling of the original film negative exposed during the in-flight examination, in accordance with the provisions of annex K, section II, to the Treaty.

Section IV

Certification report

1 - Upon completion of the ground and in-flight examinations, data collected by sensors and from the calibration targets shall be examined jointly by the State Party conducting the certification and the States Parties taking part in the certification. These States Parties shall prepare a certification report which shall establish:

A) That the observation aircraft is of a type and model designated pursuant to article V of the Treaty;

B) That the sensors installed on the observation aircraft are of a category provided for in article, paragraph 1, of the Treaty and satisfy the requirements of article IV, paragraph 2, of the Treaty;

C) That the technical information on sensors has been provided in accordance with annex B, section I, to the Treaty;

D) In the event that the ground resolution of a sensor is dependent upon height above ground level, the minimum height above ground level at which each such sensor on an observation aircraft of that type and model may be operated during an observation flight pursuant to the limitation on ground resolution specified in article IV, paragraph 2, of the Treaty;

E) In the event that the ground resolution is not dependent upon height above ground level, the ground resolution of each such sensor installed on an observation aircraft of that type and model, pursuant to the limitations on ground resolution specified in article IV, paragraph 2, of the Treaty; and

F) That the covers for sensor apertures or other devices that inhibit the operation of sensors are in accordance with the provisions of article IV, paragraph 4, of the Treaty.

2 - A copy of the information for each sensor provided pursuant to section I, paragraph 6, and section II, paragraphs 3 and 8, of this annex shall be attached to the certification report.

3 - Copies of the certification report shall be provided to all other States Parties by the State Party conducting the certification. States Parties that did not take part in the certification shall not have the right to reject the conclusions contained in the certification report.

4 - An observation aircraft and its associated set of sensors shall be deemed to be certified unless the States Parties taking part in the certification are unable to reach agreement on the contents of the certification report.

5 - In the event that the State Party conducting the certification and States Parties taking part in the certification are unable to reach agreement on the contents of the certification report, the observation aircraft shall not be used for observation flights until the issue is resolved.

APPENDIX 1 TO ANNEX D

Methodologies for the verification of the performance of sensors installed on an observation aircraft

The ground resolution of each sensor installed on the observation aircraft, and, where its performance depends on height above ground level, the minimum height above ground level at which this sensor may be operated during an observation flight, shall be determined and confirmed on the basis of data collected over calibration targets appropriate to each category of sensor in accordance with the specifications in section I and calculated in accordance with the methodologies to be determined within the Open Skies Consultative Commission.

Section I

Specifications for calibration targets

1 - Calibration targets shall be provided by the State Party conducting the certification in accordance with the provisions of annex D to the Treaty. Such calibration targets shall be used to establish the ground resolution of sensors, of a type appropriate to each sensor category, and designed in accordance with characteristics specified below.

2 - Calibration targets for establishing the ground resolution of optical cameras shall consist of a series of groups of alternating black and white bars. Each group of bars shall consist of a minimum of two black bars separated by a white bar. The width of black and white bars within a group shall remain constant. The width of the bars in groups of bars in the calibration target shall change in steps sufficient to ensure accurate measurement of the ground resolution. The length of the bars shall remain constant within each group. The contrast ratio of the black to white bars shall be consistent throughout the target and shall be at least 5 to 1 (equivalent to a modulation of 0.66).

3 - Calibration targets for establishing the ground resolution of infra-red line-scanning devices shall be determined within the Open Skies Consultative Commission during the period of provisional application.

4 - Calibration targets for establishing the ground resolution of sideways-looking synthetic aperture radar shall consist of arrays of trihedral corner reflectors whose configuration shall be in accordance with the methodologies determined within the Open Skies Consultative Commission during the period of provisional application.

5 - Each State Party shall provide all other States Parties with a diagram of the calibration targets that it intends to use for the purpose of in-flight examination. Such diagrams shall be annotated with the overall dimensions of the calibration targets, their locations and the type of terrain on which they are deployed, as well as the information appropriate to each type of calibration target as determined within the Open Skies Consultative Commission during the period of provisional application.

Section II

Conduct of in-flight examination

1 - In order to establish the ground resolution of panoramic or vertically-installed framing cameras, the line of flight of the observation aircraft shall be directly over and parallel to the calibration target. In order to establish the ground resolution of obliquely-installed framing cameras, the line of flight of the observation aircraft shall be parallel to the calibration target at a range such that the image of the calibration target appears in the forground of the field of view of the optical camera set at its maximum angle measured from the horizontal or minimum angle measured from the vertical.

2 - In order to establish the ground resolution of an infra-red line-scanning device, the line of flight of the observation aircraft shall be directly over and parallel to the calibration target at an agreed range of heights above ground level.

3 - In order to establish the ground resolution of a sideways-looking synthetic aperture radar, the line of flight of the observation aircraft shall be to the side of the array of the corner reflectors.

Section III

Analysis of data collected during the in-flight examination

1 - Following the in-flight examination, the State Party conducting the certification and the States Parties taking part in the certification shall jointly analyse the data collected during the in-flight examination pursuant to annex D, section IV, paragraph 1, to the Treaty.

2 - The methodology for calculating the minimum height above ground level at which each optical camera installed on the observation aircraft may be operated during an observation flight, including the value of the contrast ratio or the equivalent modulation to be used in this calculation, which shall be not less than 1.6:1 (correspondingly 0.23) and not greater than 4:1 (correspondingly 0.6), shall be determined within the Open Skies Consultative Commission during the period of provisional application and prior to 30 June 1992. The ground resolution of optical cameras shall be determined from a visual analysis of the image of the calibration target on the original film negative. The numerical value of ground resolution shall be equal to the width of the smallest bar of the calibration target that is distinguishable as a separate bar.

3 - The methodology for calculating the minimum height above ground level at which each video camera installed on the observation aircraft may be operated during an observation flight shall be determined within the Open Skies Consultative Commission during the period of provisional application.

4 - The methodology for calculating the minimum height above ground level at which an infra-red line-scanning device installed on the observation aircraft may be operated during an observation flight, including the value of the minimum resolvable temperature difference to be used in this calculation, shall be determined within the Open Skies Consultative Commission during the period of provisional application.

5 - The methodology for calculating the ground resolution of a sideways-looking synthetic aperture radar, including the determination of the relationship between the impulse response method and the object separation method, shall be determined within the Open Skies Consultative Commission during the period of provisional application.

ANNEX E

Procedures for arrivals and departures

1 - Each State Party shall designated one or more points of entry, one or more points of exit, and one or more open skies airfields on its territory. Points of entry and points of exit may or may not be the same as the open skies airfields. Unless otherwise agreed, if an open skies airfiled is different from a point of entry, the open skies airfield shall be designated so that the observing Party can reach the open skies airfield within five hours from the point of entry either in its own observation aircraft or in transportation provided by the observed Party. The observing Party, after arriving at a point of entry or an open skies airfield, shall have the right to a rest period, subject to the provisions of article VI of the Treaty.

2 - Each State Party shall have the right to designate entry fixes and exit fixes. If a State Party elects to designate entry fixes and exit fixes, such fixes shall facilitate flight from the territory of the observing Party to the point of entry of the observed Party. Planned flights between entry fixes and points of entry and between points of exit and exit fixes shall be conducted in accordance with published ICAO standards and recommended practices and national regulations. In the event that portions of the flights between entry fixes and points of entry or between points of exit and exit fixes lie in international airspace, the flight through international airspace shall be conducted in accordance with published international regulations.

3 - Information on points of entry and points of exit, open skies airfields, entry fixes and exit fixes, refuelling airfields, and calibration targets shall initially be as specified in appendix 1 to this annex.

4 - A State Party shall have the right to introduce changes to appendix 1 to this annex by notifying all other States Parties of such changes, in writing, no less than 90 days before such changes become effective.

5 - Each State Party shall ensure effective observation of its entire territory as follows: