Treaty on Open Skies

Section III. Output From Sensors That Use Other Recording Media

1. The State Party that provides the observation aircraft shall record at least one original set of data collected by sensors using other recording media.

2. In the event that only one original set is made:

if the observation aircraft is provided by the observing Party, the observing Party shall have the right to retain the original set and the observed Party shall have the right to receive a first generation duplicate copy; or
if the observation aircraft is provided by the observed Party, the observing Party shall have the right to receive the original set and the observed Party shall have the right to receive a first generation duplicate copy.
3. In the event that two original sets are made:

if the observation aircraft is provided by the observing Party, the observed Party shall have the right, at the completion of the observation flight, to select either of the two sets of recording media, and the set not selected shall be retained by the observing Party; or
if the observation aircraft is provided by the observed Party, the observing Party shall have the right to elect either of the two sets of recording media, and the set not selected shall be retained by the observed Party.
4. In the event that the observation aircraft is provided by the observing Party, the observed Party shall have the right to receive the data collected by a sideways-looking synthetic aperture radar in the form of either initial phase information or a radar image, at its choice.

5. In the event that the observation aircraft is provided by the observed Party, the observing Party shall have the right to receive the data collected by a sideways-looking synthetic aperture radar in the form of either initial phase information or a radar image, at its choice.

SECTION IV. ACCESS TO SENSOR OUTPUT

Each State Party shall have the right to request and receive from the observing Party copies of data collected by sensors during an observation flight. Such copies shall be in the form of first generation duplicates produced from the original data collected by sensors during an observation flight. The State Party requesting copies shall also notify the observed Party. A request for duplicates of data shall include the following information:

the observing Party;
the observed Party;
the date of the observation flight;
the sensor by which the data was collected;
the portion or portions of the observation period during which the data was collected; and
the type and format of duplicate recording medium, either negative or positive film, or magnetic tape.

Article X
OPEN SKIES CONSULTATIVE COMMISSION
1. In order to promote the objectives and facilitate the implementation of the provisions of this Treaty, the States Parties hereby establish an Open Skies Consultative Commission.

2. The Open Skies Consultative Commission shall take decisions or make recommendations by consensus. Consensus shall be understood to mean the absence of any objection by any State Party to the taking of a decision or the making of a recommendation.

3. Each State Party shall have the right to raise before the Open Skies Consultative Commission, and have placed on its agenda, any issue relating to this Treaty, including any issue related to the case when the observed Party provides an observation aircraft.

4. Within the framework of the Open Skies Consultative Commission the States Parties to this Treaty shall:

consider questions relating to compliance with the provisions of this Treaty;
seek to resolve ambiguities and differences of interpretation that may become apparent in the way this Treaty is implemented;
consider and take decisions on applications for accession to this Treaty; and
agree as to those technical and administrative measures, pursuant to the provisions of this Treaty, deemed necessary following the accession to this Treaty by other States.
5. The Open Skies Consultative Commission may propose amendments to this Treaty for consideration and approval in accordance with Article XVI. The Open Skies Consultative Commission may also agree on improvements to the viability and effectiveness of this Treaty, consistent with its provisions. Improvements relating only to modification of the annual distribution of active quotas pursuant to Article III and Annex A, to updates and additions to the categories or capabilities of sensors pursuant to Article IV, to revision of the share of costs pursuant to Annex L, Section I, paragraph 9, to arrangements for the sharing and availability of data pursuant to Article IX, Sections III and IV and to the handling of mission reports pursuant to Article VI, Section I, paragraph 21, as well as to minor matters of an administrative or technical nature, shall be agreed upon within the Open Skies Consultative Commission and shall not be deemed to be amendments to this Treaty.

6. The Open Skies Consultative Commission shall request the use of the facilities and administrative support of the Conflict Prevention Centre of the Conference on Security and Co-operation in Europe, or other existing facilities in Vienna, unless it decides otherwise.

7. Provisions for the operation of the Open Skies Consultative Commission are set forth in Annex L to this Treaty.

Article XI
NOTIFICATIONS AND REPORTS
The States Parties shall transmit notifications and reports required by this Treaty in written form. The States Parties shall transmit such notifications and reports through diplomatic channels or, at their choice, through other official channels, such as the communications network of the Conference on Security and Co-operation in Europe.

Article XII
LIABILITY
A State Party shall, in accordance with international law and practice, be liable to pay compensation for damage to other States Parties, or to their natural or juridical persons or their property, caused by it in the course of the implementation of this Treaty.

Author: international

..

Mentioned in these Entries</h.

Mentioned in these Entries</h.

Mentioned in these Entries</h.

Mentioned in these Entries</h.

Mentioned in these Entries</h.