Treaty on Open Skies

Article IV
SENSORS
1. Except as otherwise provided for in paragraph 3 of this Article, observation aircraft shall be equipped with sensors only from amongst the following categories:

optical panoramic and framing cameras;
video cameras with real-time display;
infra-red line-scanning devices; and
sideways-looking synthetic aperture radar.
2. A State Party may use, for the purposes of conducting observation flights, any of the sensors specified in paragraph 1 above, provided that such sensors are commercially available to all States Parties, subject to the following performance limits:

in the case of optical panoramic and framing cameras, a ground resolution of no better than 30 centimetres at the minimum height above ground level determined in accordance with the provisions of Annex D, Appendix 1, obtained from no more than one panoramic camera, one vertically-mounted framing camera and two obliquely-mounted framing cameras, one on each side of the aircraft, providing coverage, which need not be continuous, of the ground up to 50 kilometres of each side of the flight path of the aircraft;
in the case of video cameras, a ground resolution of no better than 30 centimetres determined in accordance with the provisions of Annex D, Appendix 1;
in the case of infra-red line-scanning devices, a ground resolution of no better than 50 centimetres at the minimum height above ground level determined in accordance with the provisions of Annex D, Appendix 1, obtained from a single device; and
in the case of sideways-looking synthetic aperture radar, a ground resolution of no better than three metres calculated by the impulse response method, which, using the object separation method, corresponds to the ability to distinguish on a radar image two corner reflectors, the distance between the centres of which is no less than five metres, over a swath width of no more than 25 kilometres, obtained from a single radar unit capable of looking from either side of the aircraft, but not both simultaneously.
3. The introduction of additional categories and improvements to the capabilities of existing categories of sensors provided for in this Article shall be addressed by the Open Skies Consultative Commission pursuant to Article X of this Treaty.

4. All sensors shall be provided with aperture covers or other devices which inhibit the operation of sensors so as to prevent collection of data during transit flights or flights to points of entry or from points of exit over the territory of the observed Party. Such covers or such other devices shall be removable or operable only from outside the observation aircraft.

5. Equipment that is capable of annotating data collected by sensors in accordance with Annex B, Section II shall be allowed on observation aircraft. The State Party providing the observation aircraft for an observation flight shall annotate the data collected by sensors with the information provided for in Annex B, Section II to this Treaty.

6. Equipment that is capable of displaying data collected by sensors in real-time shall be allowed on observation aircraft for the purposes of monitoring the functioning and operation of the sensors during the conduct of an observation flight.

7. Except as required for the operation of the agreed sensors, or as required for the operation of the observation aircraft, or as provided for in paragraphs 5 and 6 of this Article, the collection, processing, retransmission or recording of electronic signals from electro-magnetic waves are prohibited on board the observation aircraft and equipment for such operations shall not be on that observation aircraft.

8. In the event that the observation aircraft is provided by, the observing Party, the observing Party shall have the right to use an observation aircraft equipped with sensors in each sensor category that do not exceed the capability specified in paragraph 2 of this Article.

9. In the event that the observation aircraft used for an observation flight is provided by the observed Party, the observed Party shall be obliged to provide an observation aircraft equipped with sensors from each sensor category specified in paragraph 1 of this Article, at the maximum capability and in the numbers specified in paragraph 2 of this Article, subject to the provisions of Article XVIII, Section II, unless otherwise agreed by the observing and observed Parties. The package and configuration of such sensors shall be installed in such a way so as to provide coverage of the ground provided for in paragraph 2 of this Article. In the event that the observation aircraft is provided by the observed Party, the latter shall provide a sideways-looking synthetic aperture radar with a ground resolution of no worse than six metres, determined by the object separation method.

10. When designating an aircraft as an observation aircraft pursuant to Article V of this Treaty, each State Party shall inform all other States Parties of the technical information on each sensor installed on such aircraft as provided for in Annex B to this Treaty.

11. Each State Party shall have the right to take part in the certification of sensors installed on observation aircraft in accordance with the provisions of Annex D. No observation aircraft of a given type shall be used for observation flights until such type of observation aircraft and its sensors has been certified in accordance with the provisions of Annex D to this Treaty.

12. A State Party designating an aircraft as an observation aircraft shall, upon 90-day prior notice to all other States Parties and subject to the provisions of Annex D to this Treaty, have the right to remove, replace or add sensors, or amend the technical information it has provided in accordance with the provisions of paragraph 10 of this Article and Annex B to this Treaty. Replacement and additional sensors shall be subject to certification in accordance with the provisions of Annex D to this Treaty prior to their use during an observation flight.

13. In the event that a State Party or group of States Parties, based on experience with using a particular observation aircraft, considers that any sensor or its associated equipment installed on an aircraft does not correspond to those certified in accordance with the provisions of Annex D, the interested States Parties shall notify all other States Parties of their concern. The State Party that designated the aircraft shall:

take the steps necessary to ensure that the sensor and its associated equipment installed on the observation aircraft correspond to those certified in accordance with the provisions of Annex D, including, as necessary, repair, adjustment or replacement of the particular sensor or its associated equipment; and
at the request of an interested State Party, by means of a demonstration flight set up in connection with the next time that the aforementioned observation aircraft is used, in accordance with the provisions of Annex F, demonstrate that the sensor and its associated equipment installed on the observation aircraft correspond to those certified in accordance with the provisions of Annex O. Other States Parties that express concern regarding a sensor and its associated equipment installed on an observation aircraft shall have the right to send personnel to participate in such a demonstration flight.
14. In the event that, after the steps referred to in paragraph 13 of this Article have been taken, the States Parties remain concerned as to whether a sensor or its associated equipment installed on an observation aircraft correspond to those certified in accordance with the provisions of Annex D, the issue may be referred to the Open Skies Consultative Commission.

Article V
AIRCRAFT DESIGNATION
1. Each State Party shall have the right to designate as observation aircraft one or more types or models of aircraft registered by the relevant authorities of a State Party.

2. Each State Party shall have the right to designate types or models of aircraft as observation aircraft or add new types or models of aircraft to those designated earlier by it, provided that it notifies all other States Parties 30 days in advance thereof. The notification of the designation of aircraft of a type or model shall contain the information specified in Annex C to this Treaty.

3. Each State Party shall have the right to delete types or models of aircraft designated earlier by it, provided that it notifies all other States Parties 90 days in advance thereof.

4. Only one exemplar of a particular type and model of aircraft with an identical set of associated sensors shall be required to be offered for certification in accordance with the provisions of Annex D to this Treaty.

5. Each observation aircraft shall be capable of carrying the flight crew and the personnel specified in Article VI, Section III.

Author: international

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