Treaty on Open Skies
Article VIII
Prohibitions, Deviations From Flight Plans And Emergency Situations
Section I. Prohibition Of Observation Flights And Changes To Mission Plans
1. The observed Party shall have the right to prohibit an observation flight that is not in compliance with the provisions of this Treaty.
2. The observed Party shall have the right to prohibit an observation flight prior to its commencement in the event that the observing Party fails to arrive at the point of entry within 24 hours after the estimated time of arrival specified in the notification provided in accordance with Article VI, Section I, paragraph 5, unless otherwise agreed between the States Parties involved.
3. In the event that an observed State Party prohibits an observation flight pursuant to this Article or Annex F, it shall immediately state the facts for the prohibition in the mission plan. Within seven days the observed Party shall provide to all States Parties, through diplomatic channels, a written explanation for this prohibition in the mission report provided pursuant to Article VI, Section I, paragraph 21. An observation flight that has been prohibited shall not be counted against the quota of either State Party.
4. The observed Party shall have the right to propose changes to the mission plan as a result of any of the following circumstances:
the weather conditions affect flight safety;
the status of the Open Skies airfield to be used, alternate airfields, or refuelling airfields prevents their use; or
the mission plan is inconsistent with Article VI, Section II, paragraphs 2 and 4.
5. In the event that the observing Party disagrees with the proposed changes to the mission plan, it shall have the right to submit alternatives to the proposed changes. In the event that agreement on a mission plan is not reached within eight hours of the submission of the original mission plan, and if the observing Party considers the changes to the mission plan to be prejudicial to its rights under this Treaty with respect to the conduct of the observation flight, the observing Party shall have the right to decline to conduct the observation flight, which shall not be recorded against the quota of either State Party.
6. In the event that an observing Party declines to conduct an observation flight pursuant to this Article or Annex F, it shall immediately provide an explanation of its decision in the mission plan prior to the departure of the observing Party. Within seven days after departure of the observing Party, the observing Party shall provide to all other States Parties, through diplomatic channels, a written explanation for this decision in the mission report provided pursuant to Article VI, Section I, paragraph 21.
SECTION II. DEVIATIONS FROM THE FLIGHT PLAN
1. Deviations from the flight plan shall be permitted during the observation flight if necessitated by:
weather conditions affecting flight safety;
technical difficulties relating to the observation aircraft;
a medical emergency of any person on board; or
air traffic control instructions related to circumstances brought about by force majeure.
2. In addition, if weather conditions prevent effective use of optical sensors and infra-red line-scanning devices, deviations shall be permitted, provided that:
flight safety requirements are met;
in cases where national rules so require, permission is granted by air traffic control authorities; and
the performance of the sensors does not exceed the capabilities specified in Article IV, paragraph 2, unless otherwise agreed.
3. The observed Party shall have the right to prohibit the use of a particular sensor during a deviation that brings the observation aircraft below the minimum height above ground level for operating that particular sensor, in accordance with the limitation on ground resolution specified in Article IV, paragraph 2. In the event that a deviation requires the observation aircraft to alter its flight path by more than 50 kilometres from the flight path specified in the flight plan, the observed Party shall have the right to prohibit the use of all the sensors installed on the observation aircraft beyond that 50-kilometre limit.
4. The observing Party shall have the right to curtail an observation flight during its execution in the event of sensor malfunction. The pilot-in-command shall have the right to curtail an observation flight in the event of technical difficulties affecting the safety of the observation aircraft.
5. In the event that a deviation from the flight plan permitted by paragraph 1 of this Section results in curtailment of the observation flight, or a curtailment occurs in accordance with paragraph 4 of this Section, an observation flight shall be counted against the quotas of both States Parties, unless the curtailment is due to:
sensor malfunction on an observation aircraft provided by the observed Party;
technical difficulties relating to the observation aircraft provided by the observed Party;
a medical emergency of a member of the flight crew of the observed Party or of flight monitors; or
air traffic control instructions related to circumstances brought about by force majeure.
In such cases the observing Party shall have the right to decide whether to count it against the quotas of both States Parties.
6. The data collected by the sensors shall be retained by the observing Party only if the observation flight is counted against the quotas of both States Parties.
7. In the event that a deviation is made from the flight plan, the pilot-in-command shall take action in accordance with the published national flight regulations of the observed Party. Once the factors leading to the deviation have ceased to exist, the observation aircraft may, with the permission of the air traffic control authorities, continue the observation flight in accordance with the flight plan. The additional flight distance of the observation aircraft due to the deviation shall not count against the maximum flight distance.
8. Personnel of both States Parties on board the observation aircraft shall be immediately informed of all deviations from the light plan.
9. Additional expenses resulting from provisions of this Article shall be reimbursed in accordance with Annex L, Section I, paragraph 9 to this Treaty.
SECTION III. EMERGENCY SITUATIONS
1. In the event that an emergency situation arises, the pilot-in-command shall be guided by “Procedures for Air Navigation Services – Rules of the Air and Air Traffic Services”, ICAO Document No. 4444-RAC/501/12, as revised or amended, the national flight regulations of the observed Party, and the flight operation manual of the observation aircraft.
2. Each observation aircraft declaring an emergency shall be accorded the full range of distress and navigational facilities of the observed Party in order to ensure the most expeditious recovery of the aircraft to the nearest suitable airfield.
3. In the event of an aviation accident involving the observation aircraft on the territory of the observed Party, search and rescue operations shall be conducted by the observed Party in accordance with its own regulations and procedures for such operations.
4. Investigation of an aviation accident or incident involving an observation aircraft shall be conducted by the observed Party, with the participation of the observing Party, in accordance with the ICAO recommendations set forth in Annex 13 to the Convention on International Civil Aviation (“Investigation of Aviation Accidents”) as revised or amended and in accordance with the national regulations of the observed Party.
5. In the event that the observation aircraft is not registered with the observed Party, at the conclusion of the investigation all wreckage and debris of the observation aircraft and sensors, if found and recovered, shall be returned to the observing Party or to the Party to which the aircraft belongs, if so requested.
Conclusion
Notes
See Also
References and Further Reading
About the Author/s and Reviewer/s
Author: international
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