Article I consists of two paragraphs. Paragraph I of Article I describes the content of the Treaty. It provides that the Treaty establishes the regime to be known as the open Skies regime for the conduct of observation flights by States Parties over the territories of other States Parties. This makes clear that observation flights conducted by a State Party in accordance with the rights and obligations established in the Treaty on Open Skies can be conducted only over the territories of other States Parties and not over the territories of States not parties to the Treaty. Paragraph 1 states that the Treaty sets forth the rights and obligations of the States Parties as they relate to the Open Skies regime.

Paragraph 2 of Article I provides that each of the Annexes and their related Appendices constitutes an integral part of the Treaty. The Annexes and their related Appendices are as follows:

The second paragraph makes clear that States Parties are legally bound by the obligations contained in the Articles of the Treaty as well as by those contained in the Annexes and their related Appendices. The fact that the Appendices and related Annexes are not called Articles does not detract from their obligatory nature.

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Article II consists of and 35 numbered paragraphs, each of which sets forth a term and its definition. Each term provided in this Article is used at least once in the Treaty or its Annexes. The order of the terms in Article II is approximately the order of their appearance in the text of the Treaty.

Additional terms are defined or described in other parts of the Treaty and its Annexes, including the following terms (with the corresponding references):"total passive quota" (Article III, Section I, paragraph 4), and individual active quota' and total active quota' (Article III, Section I, paragraph 5).

The numbers provided below correspond with the numbers given to the terms in Article II.

1. The term "observed Party' means the State Party or group of States Parties over whose territory an observation flight is conducted or over whose territory an observation flight is intended to be conducted. This term also includes personnel of that State Party or group of States Parties who are responsible for carrying out activities provided for in the Open Skies Treaty with respect to observed Parties. This definition contains the period of time during which a State Party or group of States Parties is considered to be an "observed Party." That period of time is described as the period from the receipt of the notification sent to that State Party or group of States Parties pursuant to paragraph 5 of Section I of Article VI until completion of the procedures relating to that flight, which are covered in paragraph 21 of Section I of Article VI. This period of time would also include the time required to discuss issues related to the results of that flight, which may be referred to the Open Skies Consultative Commission by either Party, including any questions on liability that may arise pursuant to Article XII.

The inclusion of the period of time in this definition was intended by the negotiators to be descriptive and not to impose any limitations on the rights or obligations of the State Party or group of States Parties involved. Its inclusion was in recognition of the fact that the status of States Parties vis-a-vis one another, in their capacities as alternatively observing and observed Parties, would be constantly shifting. The discrete events that identify the status of States Parties are the provision and receipt of notifications and the completion of flights, including sessions of the Open Skies Consultative Commission that deal with the flights.

The reference in the definition to personnel "acting on behalf of" States Parties addresses concerns raised by several delegations in the course of the negotiations that a State Party qua State does not carry out specific actions; instead, it was argued, agents of that State carry out such actions. Thus, it was proposed during the negotiations either to add, throughout the Treaty, the words "personnel of the" before the words "observed Party," where such an addition appeared to be logical from the context of the provision, or to insert those words in the definition itself; the latter approach was adopted. For clarity, however, the expression 'personnel, is sometimes used before the words 'observed Party', even though such words are redundant in the context of the defined term (see, for example, Article VI, Section I, paragraph 12).

2. The term "observing Party" means the State Party or group of States Parties that intends to conduct an observation flight, or conducts an observation flight, over the territory of another State Party or group of States Parties. This term includes personnel of that State Party or group of States Parties responsible for carrying out activities provided for in the Open Skies Treaty with respect to observing Parties. This definition includes the period of time that a State Party or group of States Parties is considered to be an observing Party." This period is described as being from the time that State Party or group of States Parties has provided the notification pursuant to paragraph 5 of Section I of Article VI until completion of the procedures relating to that flight, which are covered in paragraph 21 of Section I of Article VI. This period would also include the time required to discuss issues which may be referred to the Open Skies Consultative Commission based on the results of that flight, including any questions on liability that may arise pursuant to Article XII.

The inclusion of the period of time in the definition was intended to be descriptive and not to impose any limitations on the rights or obligations of the State Party or group of States Parties conducting the observation flight, as noted with respect to the term "observed Party, supra. The inclusion of the language concerning personnel "acting on behalf of" that State Party or group of States Parties was for the reasons provided with respect to the term "observed Party." Such personnel are not required to be nationals of the State Party on whose behalf they are acting, and may be nationals of any State Party.

3. The term "group of States Parties" means two or more States Parties that have agreed to form a group for purposes of the Treaty. Article III deals with the effect that forming a group of States Parties has with respect to the allocation of passive quotas and the distribution of active quotas. The Benelux, for which special treatment is specified in Article XIV, is not a group of States Parties for purposes of the Treaty. Rather, under the terms of that Article, the three States Parties have agreed to be considered a single State Party for the purposes of specified Articles and Annexes; in all other cases, they are considered to be individual States Parties. At the present time there are two groups of States Parties: the group of the Republic of Belarus and the Russian Federation, and the group of States Parties members of the Western European Union.

4. The term "observation aircraft" means an unarmed, fixed wing aircraft designated to make observation flights, registered by the relevant authorities of a State Party and equipped with agreed sensors. The word "unarmed" is defined for the purposes of this definition as meaning that the observation aircraft is not equipped to carry and employ weapons. It is the present intention of the United States, ,Russia, and most other States Parties to use aircraft in the open Skies regime that are not and have never been equipped to carry and employ weapons. However, several States ,Parties may wish to use aircraft that could be equipped with weapons, such as the P-3 "Orion" anti-submarine warfare aircraft, which could be equipped with torpedoes, during the time that they are not being used as observation aircraft. Such aircraft would be permissible as observation aircraft as long as necessary modifications or arrangements were made so that such aircraft were not equipped - at the time of use as an Open Skies observation aircraft - to carry and employ weapons. The word 'equipped" should be understood to mean having in an operational status the necessary equipment and structural elements to accomplish a given function; in this case, to carry And employ weapons.

The procedures for designating an aircraft to make observation flights are contained in Article V and Annex C, and are referred to in this definition to recall the requirements contained therein. The additional requirement that such aircraft be registered by the relevant authorities of a State Party is contained in paragraph I of Article V. The word "registered" in this context means having completed the formal procedures adopted by a State in order to assign its nationality and registration marks to an aircraft. Such registration marks are necessary in order to apply ICAO rules and regulations to such aircraft. There is no requirement that the aircraft to be used by an observing Party be either designated or registered, or be both designated and registered, by that State Party, or that the designation and the registration be by the same State Party. The phrase "equipped with agreed sensors" refers to the limitations contained in Article IV and Annex B as to what sensors may be installed on observation aircraft, and, for aircraft that are provided by the observed Party, the so-called "taxi" aircraft, the sensors that must be installed on the observation aircraft.

5. The term "observation flight" means the flight of the observation aircraft conducted by an observing Party over the territory of an observed Party from the point of entry or Open Skies airfield to the point of exit or open Skies airfield, as the flight of that aircraft is provided in the flight plan. The requirements for compiling the flight plan are contained in Section II of Article VI; deviations from that flight plan are permitted in accordance with Section II of Article VIII. In accordance with Annex E, a point of entry and an Open Skies airfield, as well as a point of exit and an open Skies airfield, can be the same airfield but need not be. The reason for the distinction between the two is described in the definition of open Skies airfield" infra.

6. The term "transit flight" means the flight of an observation aircraft or transport aircraft over the territory of a third State Party en route to or from the territory of the observed Party. Thus, a transit of such aircraft over the territory of a State not a party to this Treaty does not meet this definition, nor does the flight of such aircraft that is not going to, or coming from, the territory of the observed Party. The inclusion of the words "conducted by or on behalf of an observing Party" is intended to cover the situation in which an aircraft used for an observation flight belongs to a State Party other than the observing Party; such a situation is covered in paragraph 2 of Section I of Article VI.

7. The term "transport aircraft" means an aircraft other than an observation aircraft that conducts flights to or from the territory of the observed Party exclusively for the purposes of the Treaty. Such an aircraft is used when the personnel of the observing Party arrive on the territory of the observed Party in an aircraft other than the observation aircraft: this would be the situation in which the observed Party provides the observation aircraft, the "taxi" option. That aircraft can, pursuant to paragraph 9 of Annex E, remain at the point of entry or proceed to the point of exit, if different from the point of entry, and wait until personnel conducting the observation flight are ready to depart the territory of the observed Party.

8. The term "territory" means the land, including islands, and internal and territorial waters, over which a State Party exercises sovereignty. This definition is intended to reflect existing international law and practice with respect to that term, and was included in the Treaty simply to affirm that this common understanding is the complete description of the territory to be covered. Based on this broad definition, it was not necessary to provide specific geographic designations or lists of areas covered by the Open Skies Treaty. For the United States, this common international law definition means that Open Skies observation may cover all fifty States and the District of Columbia, as well as island territories in the Pacific and Caribbean over which the United States exercises sovereignty.

9. The term "passive quota" means the number of observation flights that each State Party is obliged to accept as an observed Party. The allocation of such flights, which is expressed in terms of a specific number of such flights per year for each State Party or each group of States Parties, is contained in Section I of Annex A; there is only one number for each State Party or each group of States Parties. This number, unlike the distribution of active quotas contained in Section II of Annex A, is not subject to annual review by the open Skies Consultative Commission.

10. The term "active quota" means the number of observation flights that each State Party has the right to conduct as an observing Party. A Party's active quota may not exceed its passive quota, pursuant to paragraph 5 of Section I of Article III. The initial distribution of such numbers is contained in Section II of Annex A, and is subject to annual review in the Open Skies Consultative Commission pursuant to paragraph 7 of Section I of Article 111. Each active quota is divided into several 'individual active quotas', which are the numbers of observation flights that a State Party may conduct over specified States Parties. The definition of 'individual active quota' is contained in paragraph 5, Sectopm 1 of Article III.

11. The term "maximum flight distance' means the maximum distance over the territory of the observed Party from the point at which the observation flight may commence to the point at which that flight may terminate. The maximum flight distance include those route segments for intermediate stops, including refuelling airfields. Such distances are specified in Section III of Annex A, and are used for evaluating the observation flight distance proposed in the mission plan of an observing Party, in accordance with paragraph 4 of Section II of Article VI, as well as establishing the number of Open Skies airfields that an observed Party is required to have.

12. The term "sensor" means equipment of a category specified in Article IV that is installed on an observation aircraft for use during the conduct of observation flights. The categories of equipment specified in Article IV are those used in the gathering of data, e.g., cameras, synthetic aperture radar, and infra-red line-scanning devices. The reason for referring to Article IV in this definition is partially linguistic: the term "sensor" is properly rendered in the Treaty text in Russian as "observation equipment." A literal translation of the term "sensor' into Russian would have referred to a single detector element rather than the integrated system of such detector elements that makes up a camera, radar, infra-red system or other complete sensor in its meaning in English. It was thus necessary to refer to the categories listed in Article IV to ensure an equivalent definition in English and Russian; there are no such problems in the four other official languages.

13. The term "ground resolution" means the minimum distance on the ground between two closely located objects distinguishable as separate objects. It was agreed during the negotiations that the methodologies for determining the capability of individual sensors to achieve a specified ground resolution, including the minimum altitude from which such a resolution can be achieved, would be developed by the Open Skies Consultative Commission during the period of provisional application of the Treaty, as specified in Annex D. The methodology for optical cameras was agreed upon on June 29, 1992. The capability of an individual sensor to achieve a specified ground resolution -- expressed, for the categories of sensors to be used under this Treaty, in terms of centimeters or meters -- is the primary factor for evaluating the acceptability of sensors for installation and use in observation aircraft, as provided in paragraph 2 of Article IV, and for the certification of the aircraft and its sensors pursuant to Annex D.

14. The term "infrared line-scanning device" means a sensor capable of receiving and visualizing thermal electromagnetic radiation emitted in the invisible infra- red part of the optical spectrum by objects due to their temperature and in the absence of artificial illumination. This definition, which follows the standard technical definition for such devices, was included in the Treaty because of linguistic concerns raised by the Russian delegation, based on the perceived complexity of the English term. The reference to artificial illumination indicates that the system in question does not depend on active illumination of an observed object, but rather gathers infra-red radiation emitted by the observed object itself. Line-scanning devices were selected as opposed to other types of infra-red sensors to avoid technology transfer problems that might arise with more sophisticated systems.

15. The term "observation period" means a period of time during an observation flight, specified by the observing Party, when a particular sensor installed on the observation aircraft is operating. There is no limit on the number or duration of such observation periods during an observation flight. Sensors may be operated for the entire duration of a flight, so long as the observation aircraft does not deviate from the agreed flight path and the flight altitude is appropriate for each sensor. Information on such sensor operating periods is required because the film or other recording medium has to be annotated with such information in accordance with Annex B. Such information permits all Parties to know when and where data was collected, and permits third Parties to request data taken during specified periods, in accordance with the provisions of Article IX.

16. The term "flight crew" means individuals who perform duties associated with the operation or servicing of an observation aircraft or of transport aircraft, including interpreters. The words "from any State Party" were added to cover the situation in which all or any part of the flight crew, along with the observation aircraft, are operating "on behalf of" the observing Party but in fact "belong" to another State Party, as provided for in paragraph 2 of Section I of Article VI. Interpreters were included in this definition because it was recognized that Parties would be likely to include interpreters among the personnel included on an Open Skies flight. Interpreters were included as a separate category of personnel in Section III of Article VI, along with flight monitors, flight representatives and representatives.

17. The term "pilot-in-command" means the pilot on board the observation aircraft who is responsible for the operation and safety of the observation aircraft and the execution of the flight plan. This definition is similar to the definition of "pilot-in-command" used by the International Civil Aviation Organization, which reads as follows: "The pilot responsible for the operation and safety of the aircraft during flight time." (ICAO Document 4444-RAC/501/12, "Rules of the Air and Air Traffic Services," Part I, page 1-10). The specific rights and obligations of the pilot-in-command are contained in paragraph 16 of Section I of Article VI and paragraphs 4 and 7 of Section II, and paragraph 1 of Section III, of Article VIII.

18. The term "flight monitor" means an individual who, on behalf of the observed Party, is on board an observation aircraft provided by the observing Party during the observation flight and who performs duties in accordance with Annex G. The expression "aircraft provided by the observing Party" should be read to include aircraft which the observing Party itself owns, or aircraft which the observing Party is using under an arrangement with a third State Party, as provided for in paragraph 2 of Section I of Article VI. The phrase "during the observation flight" is used to distinguish between those personnel who conduct inspections or escort inspectors prior to the commencement of the observation flight and those personnel who actually participate in the observation flight.

19. The term "flight representative" means an individual who, on behalf of the observing Party, is on board an observation aircraft provided by the observed Party during an observation flight and who performs duties in accordance with Annex G. The procedures for designating such individuals, as well as their privileges and immunities, are contained in Article XIII.

20. The term "representative" means an individual who has been designated by the observing Party and who performs activities on behalf of the observing Party in accordance with Annex G during an observation flight on an observation aircraft designated by a State Party other than the observing Party or the observed Party, as provided for in paragraph 2 of Section I of Article VI. In such a situation, other personnel on board the observation aircraft working on behalf of the observing Party could be known as "flight crew;" as noted above with respect to the term flight monitor," the personnel of the observed Party on board such an aircraft would still be known as "flight monitors."

21. The term "sensor operator" means an individual from any State Party who performs duties associated with the functioning, operation and maintenance of the sensors on an observation aircraft. Such personnel could also be considered to be representatives, flight representatives, or flight crew, depending on their duties. For an aircraft provided by the observed Party, individuals of the observed Party carrying out such duties would also be known as "flight crew."

22. The term "inspector" means an individual from any State Party who conducts an inspection of sensors or observation aircraft of another State Party. The procedures for the conduct of such inspections are contained in Annexes D and F.

23. The term "escort" means an individual from any State Party who accompanies the inspectors of another State Party. The procedures for the conduct of inspections are contained in Annexes D and F.

24. The term "mission plan" means a document that is presented by the observing Party to the observed Party and forms the basis for the elaboration of the flight plan. The format of this document will be established by the Open Skies Consultative Commission prior to entry into force of the Treaty. The mission plan contains the route, profile (altitudes), order of execution and support required to conduct the observation flight. Specific procedures for the approval of the mission plan are contained in Section II of Article VI.

25. The term "flight plan" means a document elaborated on the basis of the mission plan that has been agreed in accordance with Section 11 of Article VI. Such document shall be in the format and with the content specified by the International Civil Aviation Organization, which is contained in ICAO Document 4444-RAC/501/12, "Rules of the Air and Air Traffic Services." The flight plan is presented to the air traffic control authorities of the observed Party and, in accordance with paragraph 14 of Section I of Article VI, provides the basis on which the observation flight will be conducted. Permitted deviations from the flight plan are described in Article Vill.

26. The term "mission report" means a document describing an observation flight, which is completed after the termination of the observation flight by the observing Party and which is signed by both the observing and observed Parties. The format of the mission report will be established by the Open Skies Consultative Commission.

27. The term "Open Skies airfield" means an airfield designated by the observed Party as a point where an observation flight may commence or terminate. An Open Skies airfield may be a point of entry or a point of exit, or it may be a separate airfield designated solely as an Open Skies airfield.

28. The term "point of entry" means a point designated by the observed Party for the arrival of personnel of the observing Party on the territory of the observed Party. The observation flight may also commence at this point if it is also designated an Open Skies airfield. The phrase "personnel of the observing Party" includes personnel who are acting on behalf of the observing Party, but are not necessarily nationals of the observing Party, such as the flight crew of an aircraft arranged for by the observing Party with a third State Party, pursuant to paragraph 2 of Section I of Article VI.

29. The term 'point of exit" means a point designated by the observed Party for the departure of personnel of the observing Party from the territory of the observed Party. The observation flight may also terminate at this point if it is designated an Open Skies airfield. The phrase "personnel of the observing Party" includes those personnel who are acting on behalf of the observing Party, but are not necessarily nationals of the observing Party, such as the flight crew of an aircraft arranged for by the observing Party with a third State Party. A "point of entry" and "point of exit" may be the same point.

30. The term "refuelling airfield" means an airfield designated by the observed Party to be used for fuelling and servicing of observation aircraft and transport aircraft. Such airfields may be designated in accordance with Annex E. The observed Party is obliged, pursuant to paragraph 17 of Section I of Article VI, to provide customary commercial aircraft fuelling and servicing for the aircraft at such an airfield, according to the specifications that are published about that airfield.

31. The term "alternate airfield" means an airfield to which an observation aircraft or transport aircraft may proceed when it becomes inadvisable to land at the airfield of intended landing. This category includes emergency airfields and airfields that may be used as weather alternates if weather at the planned destination is unsuitable for landing. Information about such airfields shall be provided by the observed Party to the flight crew upon approval of the mission plan, pursuant to paragraph 13 of Section I of Article VI.

32. The term 'hazardous airspace, means the prohibited areas, restricted areas and danger areas, defined on the basis of Annex 2 to the Convention on International Civil Aviation, that are established in accordance with Annex 15 to that Convention in the interests of flight safety, public safety and environmental protection and about which information is provided in accordance with ICAO provisions. The terms "prohibited area," "restricted area," and "danger area," while based on the definitions of such terms in Annex 2 to the Convention, are defined for the purposes of open Skies in paragraphs 33, 34, and 35 of this Article, respectively. The reference to the ICAO provisions was intended to make clear that the provisions do not permit the establishment of prohibitions or restrictions for other purposes, e.g., national security, which would be inconsistent with the openness of territory which is basic to the Open Skies regime.

The concept of hazardous airspace applies to situations in which a flight plan may be subject to deviation in accordance with Article VIII and Annex I. Information about such areas must be provided in accordance with ICAO provisions in order to meet the definition of hazardous airspace; such information is listed in Annex I. However, paragraph 2 of Section II of Article VI permits the observation of any point on the entire territory of the observed Party; thus, designating an area as "hazardous airspace" does not mean that such area is not subject to observation.

33. The term 'prohibited area, means an airspace of defined dimensions, above the territory of a State Party, within which the flight of aircraft is prohibited, in accordance with specified conditions. This term is one of the three types of areas that are covered under the term "hazardous airspace," on the basis of the ICAO Convention. As noted in paragraph 32 MALUA, the term does not permit the closure of areas for national security purposes.

34. The term "restricted area" means an airspace of defined dimensions, above the territory of a State Party, within which the flight of aircraft is restricted in accordance with specified conditions. This term is one of the three types of areas that are covered under the term "hazardous airspace," on the basis of the ICAO Convention. As noted in paragraph 32 supra, the term does not permit the closure of areas for national security purposes.

35. The term "danger area" means an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times. This term is one of the three types of areas that are covered under the term "hazardous airspace,' on the basis of the ICAO Convention. As noted in paragraph 32 supra, the term does not permit the closure of areas for national security purposes.

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Article III consists of two sections, one dealing with general provisions on quotas, the other dealing with special provisions on quotas for groups of States Parties. This Article, together with Annexes A and L, comprises the primary sources for procedures relating to the allocation of passive quotas and the annual distribution of active quotas.

Paragraph 1 of Section I provides that each State Party has the right to conduct observation flights, i.e., to exercise its right to use the active quota distributed to it, in accordance with the provisions of this Treaty.

Paragraph 2 of Section I provides that each State Party is obliged to accept observation flights over its territory, i.e., to fulfill its obligation with respect to the passive quota allocated to it, in accordance with the provisions of this Treaty.

Paragraph 3 of Section I provides that each State Party has the right to conduct a number of observation flights over the territory of another State Party equal to the number of such flights which the other State Party has the right to conduct over the territory of the former. It should be understood that this is a right, not an obligation. Moreover, the right of an observing Party to conduct observation flights over a given observed Party is also affected by the total size of the active quota available to the observing Party; the total size of the passive quota of the observed Party; the demand for utilization of that passive quota by other interested observing Parties; and the rule, in paragraph 10 of this Section, that no Party shall conduct more observation flights over the territory of another Party than 50 percent of its own active quota, or 50 percent of the passive quota of that Party, whichever is less. The right to equality, as set forth in this paragraph, was thus only one of many factors influencing the actual distribution of active quotas among the initial participants in the Treaty.

For example, as specified in Section II of Annex A, the United States has the right, during the initial phase-in period of implementation, to conduct eight out of a total of 31 observation flights over the territory of the Republic of Belarus and the Russian Federation group of States Parties. By the provisions of paragraph 3, the Republic of Belarus and the Russian Federation group of States Parties would have the right to conduct eight observation flights over the territory of the United States of America. However, the Belarus/Russian group elected to seek only four observation flights over the United States and to utilize the remaining part of its active quota elsewhere, over Benelux, Canada, Denmark, France, Germany, Greece, Italy, Norway, Turkey, and the United Kingdom.

Paragraph 4 of Section I describes what is meant by a total passive quota for a State Party, as those numbers are set forth for all States Parties in Section I of Annex A. The total passive quota is the total number of observation flights that a State Party is obliged to accept over its territory. Passive quotas are allocated once and are not subject to routine annual review, as is the case for active quotas.

Paragraph 5 of Section I describes what is meant by the phrase "individual active quota" of a State Party with respect to another State Party. The individual active quota of a State Party with respect to another State Party is the number of observation flights that the former has the right to conduct each year over the territory of the latter. These numbers are specified in Section II of Annex A for the first distribution, and are subject to annual review thereafter. The sum of the individual active quotas is the total active quota of that State Party. Finally, paragraph 5 establishes the rule that the total active quota of a State Party shall not exceed its total passive quota.

Paragraph 6 of Section I states that the first distribution of active quotas, which includes both total active quotas and individual active quotas, is provided in Section II of Annex A.

Paragraph 7 of Section I provides that, upon entry into force of the Treaty, the distribution of active quotas is subject to an annual review by the Open Skies Consultative Commission. This paragraph also states that, if it is not possible to arrive at agreement on a new distribution of active quotas with respect to a State Party, i.e., the individual active quotas of other States Parties that represent overflights over that State Party, then the previous year's distribution with respect to that Party shall apply. The redistribution of individual active quotas cannot cause the total active quota of any State Party to exceed its passive quota, as stated in paragraph 5 of this Section. Section II of Annex L sets forth additional provisions on this redistribution process.

Paragraph 8 of Section I states that each observation flight conducted shall be counted against the individual and total active quotas of the State Party conducting it, except as provided for when cancelling observation flights pursuant to Article VIII. In effect, this paragraph constitutes a "counting rule," establishing the relationship between an observation flight that has been conducted and the number of the individual active quota and total active quota remaining after that flight.

Paragraph 9 of Section I states that a State Party may transfer a part or all of its total active quota to other States Parties, with three restrictions, one of which is set forth in paragraph 10: (1) the State Party transferring the active quota must have been distributed an active quota in accordance with Annex A or Annex L; (2) the State Party to be overflown must agree to the transfer; and (3) no State Party shall conduct more observation flights over the territory of another State Party than 50 percent of its own total active quota or 50 percent of the total passive quota of the Party to be overflown, whichever is less. This provision specifically exempts the transferred observation flights from the limitations imposed on active quotas in paragraphs 3 and 5 of this Section relating to the right of each State Party to conduct a number of observation flights over the territory of any other State Party equal to the number of flights that such Party may conduct over it, and linking the size of a Party's active quota to its passive quota.

Paragraph 10 of Section I states that the number of observation flights that a State Party conducts over the territory of another State Party may not exceed the lesser of: (1) 50 percent of its own total active quota, rounded up to the nearest whole number, or (2) 50 percent of the total passive quota of the other State Party. It is necessary for practical reasons to use whole numbers rather than fractions or decimals; thus, if 50 percent of the number is not a whole number, the number to be used in this provision will be the next whole number in sequence, after the 50 percent calculation has been done. This provision is intended to promote wide participation in the Open Skies regime, and not to permit that regime to become monopolized by a few States Parties. Thus, for example, the Federal Republic of Germany could not use flights transferred to it by other Western European Union countries to overfly Russia if that would exceed six flights conducted by Germany over Russia, which is 50 percent of Germany's total active quota.

Paragraph 11 of Section I states that the maximum flight distances of observation flights over the territories of the States Parties are set forth in Section III of Annex A. In accordance with Article VI, a mission plan proposed by an observing Party can be rejected or shortened by the observed Party if it provides for a flight distance in excess of this number. Maximum flight distances were developed for each Party -- and in some cases for flights originating from particular Open Skies airfields of a Party -- in such a way as to ensure effective coverage of all the territory of each Party.

Paragraph I of Section II provides the general right of two or more States Parties that have been allocated a passive quota or that have been distributed an active quota to form a group of States Parties. While there are no States Parties to the Open Skies Treaty -- as of Treaty signature -- that either do not hold such quotas or are not intended to hold such quotas, it is possible under the Open Skies Treaty to have States Parties which have not been allocated active quotas. Such States Parties would not be eligible to join groups of States Parties under the provisions of this Section. The allocation of quotas for Parties acceding to the regime would be subject to a consensus decision in the Open Skies Consultative Commission; until a quota has been allocated, such Parties could not join a group of States Parties.

Subparagraph (A) states that the formation of a group of States Parties can occur at signature of the Open Skies Treaty or thereafter, but, for a group formed after signature of the Treaty, the provisions of this Section shall not apply until six months after notifying all other States Parties of the formation of the group.

Subparagraph (B) states that groups of States Parties shall cooperate with regard to active and passive quotas. This means that negotiations shall be carried out within these groups in accordance with paragraphs 2 and 3 of this Section, which describe two different ways of forming groups of States Parties, based on how quotas are handled within the group.

Paragraph 2 describes an arrangement whereby the members of a group of States Parties can redistribute within the group their active quotas while retaining their individual passive quotas. The Western European Union announced at the time of Treaty signature that it was forming such a group of States Parties.

Subparagraph (A) states that notification of such a redistribution shall be made to all third State Parties that are concerned, i.e., those States Parties that would be observed, as specified in the annual distribution of active quotas provided for in Section 11 of Annex A. Unlike paragraph 8 of Section I, a provision that permits the transfer of active quotas to other States Parties upon agreement of the State to be overflown, a redistribution pursuant to paragraph 2 of this Section would not be subject to agreement by the Party to be observed. In any event, redistribution of quotas are subject to the 50 percent rule contained in paragraph 10 of Section I of this Article.

Subparagraph (B) describes how an observation flight over the territory of one or more members of the group of States Parties would count against the individual and total active quotas of the observing Party. Such a flight would count for as many observation flights as the number of members of the group which are overflown. With respect to counting against the total passive quota of each of the members of the group overflown, each flight would count as one observation flight for each member of the group.

Subparagraph (C) establishes that each State Party over which a member of the group has the right to conduct an observation flight has the right to conduct over the territory of any member of the group 50 percent more observation flights than the number it otherwise would have been entitled to conduct over that member, or to conduct two overflights of any member if it does not have the right to conduct overflights over that member of the group. This provision is intended to compensate States Parties outside a given group against any imbalance that might arise out of the ability of the States Parties within the group to transfer active quota rights among themselves. This provision does not create the right to conduct additional observation flights, over and above the total active quota of the State Party over which a member of the group of States Parties has the right to conduct an observation flight. Rather, this provision permits that State Party to redistribute its active quota vis-a-vis members of a group.

Subparagraph (D) states that if a State Party exercises the rights provided for in subparagraph (C), it must reduce the number of observation flights that it has the right to conduct over other members of the group in such a way that the total number of observation flights that it conducts over the territories of those members does not exceed the sum of the observation flights that it has the right to conduct over the territories of all the members of the group in the current year. This provision is intended to make certain that States Parties that have formed such a group are not penalized for doing so.

Subparagraph (E) establishes that the maximum flight distances contained in Section III of Annex A apply to the overflight of the territory of individual members of a group of States Parties. That subparagraph states that, when an observation flight is conducted over the territory of several members, once the maximum flight distance has been met for one member, all the sensors shall be switched off until the observation aircraft reaches the point over the territory of the next member of the group where the observation flight is planned to begin with respect to that State Party. This provision also establishes that the maximum flight distance related to the Open Skies airfield nearest to this point shall apply for the follow-on observation flights.

Paragraph 3 describes a different form of group arrangement, under which a group of States Parties is allocated a common total passive quota and common indi- vidual and total active quotas. This is the arrangement used by Russia and Belarus in forming their group.

Subparagraph (B) defines what the terms "total passive quota" and "total active quota" mean for such a group of States Parties. It also provides that the total active quota shall not exceed the total passive quota.

Subparagraph (C) states that an observation flight conducted by a group of States Parties as part of its total active quota shall be carried out on behalf of the group. This means that, regardless of which member of the group actually carries out the flight, the flight shall be deemed to be a flight conducted by the group.

Subparagraph (D) states that for observation flights that a group of States Parties is obliged to accept, i.e., its passive quota, such flights may be conducted over the territory of one or more of its members. Subparagraph (E) provides that the maximum flight distances shall be specified for the group in Section III of Annex A, and Open Skies airfields shall be designated for the group pursuant to Annex E. These flight distances and Open Skies airfields may be different, for a group formed under this paragraph, than the flight distances and Open Skies airfields established for the individual participating countries prior to the formation of such a group.

Paragraph 4 states that a State Party may raise, before the Open Skies Consultative Commission, its consideration that its rights under paragraph 3 of Section I of this Article, i.e., the right to conduct a number of observation flights over the territory of any other State Party equal to the number which that other State Party has the right to conduct over it, are unduly restricted by the operation of a group of States Parties. This provision does not alter the basic principle that any issue regarding Treaty implementation may be raised before the Commission, as provided for in Article X, paragraph 3. Paragraph 4 of this Section simply highlights an example, in deference to some States Parties that were concerned that their rights might be infringed.

Paragraph 5 requires that a group of States Parties ensures that procedures are established for permitting a single mission to be flown over the territories of its members, including any requirements for refuelling. This requirement applies to groups formed both in accordance with paragraph 2 of this Section and paragraph 3 of this Section. The intent of the provision is to permit effective and efficient operations. Provisions for such missions would not affect the quota counting rules established for these two types of groups in this Section.

Paragraph 6 requires six-month pre-notification to all States Parties of: (1) changing a group established pursuant to paragraph 2 of Section II into a group established pursuant to paragraph 3; (2) changing a group established pursuant to paragraph 3 of Section 11 into a group established pursuant to paragraph 2; (3) withdrawal of a State Party from a group; and (4) admission of other States Parties into a group. With respect to the admission of other States Parties into a group, the provision notes that the other States Parties "hold quotas"; this language is consistent with the provision in subparagraph I(A) of Section II of this Article, which specifies that "holding quotas" is a criterion for a member that forms part of a group of States Parties.

Paragraph 7 states that, for groups established under paragraph 3 of Section 11 after entry into force of the Treaty, changes in the allocation of passive quotas or distribution of active quotas resulting from the establishment of, an admission to, or a withdrawal from such a group shall become effective on January 1 following the first annual review within the Open Skies Consultative Commission after the six-month notification period required by paragraph 6 of this Section. it also provides, when necessary, that new Open Skies airfields and maximum flight distances shall be provided accordingly, i.e., within that period of time. Subparagraph 3(E) of this Section provides the basic obligation to provide such information.

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Article IV consists of 14 paragraphs that provide the basic requirements for the sensors to be used on observation aircraft. Annex B provides the technical information associated with the categories of sensors provided for in this Article that need to be exchanged among participating States Parties, and Annex D provides the procedures for confirming the performance characteristics of those sensors' during certification.

Paragraph 1 establishes the four categories of 3 ensors with which observation aircraft may be equipped: (A) optical panoramic and framing cameras; (B) video cameras with real-time display; (C) infra-red line-scanning. devices (a defined term contained in paragraph 14 of Article 11); and (D) sideways-looking synthetic aperture radar. This paragraph contains a reference to paragraph 3 of this Article, which allows for the possibility of the, introduction of additional categories of sensors in the future. It should be noted that, during the first three-to-four years of implementation (the phase-in period) of the Treaty, there are certain restrictions on the use of the sensors, or requirements for equipping aircraft with some of these sensors, as provided in Section 11 of Article XVIII.

Paragraph 2 establishes the right of a State Party to use sensors, for the purpose of conducting observation flights, from any of the four categories of sensors set forth in paragraph 1, provided that such sensors are commercially available to all States Parties and those sensors meet certain performance limits. There were two reasons for establishing performance limits: (1) to preclude any Party from using systems of such high quality that they could obtain overly intrusive data; and (2) to serve as a standard to establish the obligations of the observed Party when it requires that its own aircraft be used for an observation flight.

Subparagraph (A) describes the performance limits for optical panoramic and framing cameras, which consist of a ground resolution of 30 centimeters from a minimum height above ground level determined in accordance with Annex D, 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. Such cameras may provide coverage, which need not be continuous, of the ground up to So kilometers to each side of the flight path of the aircraft. As indicated in Annex D, the methodology for calculating ground resolution, and hence the minimum height above ground level at which a given camera may be operated, was referred to the Open Skies Consultative Commission for resolution prior to June 30, 1992.

Subparagraph (B) describes the performance limits for video cameras, which consist of a specified value of ground resolution determined in accordance with Annex D.

Subparagraph (C) describes the performance limits for infra-red line-scanning devices, which consist of a ground resolution of no better than 50 centimeters at a minimum height above ground level for a single device as determined in accordance with Annex D. As provided in Appendix I to Annex D, the methodology for calculating the resolution, and hence the minimum height above ground level at which a given video system or infra-red line-scanning device may operate, will be determined by the Open Skies Consultative commission during the period of provisional application of the Treaty.

Subparagraph (D) describes the performance limits for sideways-looking synthetic aperture radar, which is ground resolution of three meters calculated by the "impulse response" method, which is the standard methodology used by the United States for calculating such values. The subparagraph also refers to the object separation, method, which is the methodology used by Russia. Subparagraph (D) establishes that the ground resolution of three meters calculated under the "impulse response" method corresponds under the "object separation" method to the ability to distinguish on a radar image two corner reflectors, the distance between the centers of which is no less than five meters. The methodology for determining the ground resolution of a synthetic aperture radar, including the relationship between the "impulse response" method and the "object separation" method, will be worked out by the Open Skies Consultative Commission during the period of provisional application, as provided in Appendix 1 to Annex D. Other performance limits on sideways-looking synthetic aperture radar are that the swath width should be no more than 25 kilometers from a single radar unit that is capable of looking from either side of the aircraft, but not both simultaneously.

Paragraph 3 states that the introduction of additional categories of sensors and improvements to the capabilities of existing categories of sensors shall be addressed by the open Skies Consultative Commission. Pursuant to paragraph 5 of Article X, such changes would not be deemed to be amendments to the Treaty, and therefore not subject to the provisions of Article XVI that require ratification of amendments. Examples of additional categories of sensors which Parties have considered adding are air sampling systems and multispectral systems.

Paragraph 4 requires covers over sensor apertures and, for those sensors without apertures or for which covers are not suitable, other devices that inhibit the operation of sensors. Such covers and inhibiting devices. are intended to prevent collection of data during flights over third States Parties (i.e., "transit flights") or flights to points of entry or from points of exit over the territory of the observed Party. Pursuant to Article VII, the proper installation of such covers and devices shall be checked by representatives of States Parties on whose territories the observation aircraft lands en route to or from the territory of the observed Party. The proper installation of the covers and other inhibiting devices is also checked by the observed Party upon arrival and immediately prior to departure of the observation aircraft, in accordance with paragraphs 10 and 19 of Section I of Article VI. Paragraph 4 also requires that the covers and other inhibiting devices shall be removable or operable only from outside the observation aircraft, to prevent surreptitious use of sensors during transit flights.

Paragraph 5 permits the presence on board the observation aircraft of equipment capable of annotatinq data collected by sensors. Paragraph 5 also requires that the State Party providing the observation aircraft shall annotate that data with time, locational data, and other information provided for in Annex B. The annotation of data is used to facilitate processing and use of the data and for subsequent requests by third States Parties for copies of such data, pursuant to Section IV of Article IX.

Paragraph 6 permits the presence on board the observation aircraft of equipment capable of displaying data collected by sensors in real-time for purposes of monitoring the functioning and operation of the sensors during the observation flight. Such equipment would facilitate the work of flight monitors, flight repre- sentatives, and representatives on board the observation aircraft.

Paragraph 7 prohibits the collection, processing, retransmission or recording on board the observation aircraft of electronic signals from electromagnetic waves and the presence of equipment for such activities, unless (1) such activities or equipment are required for the operation of the sensors that are permitted to be installed in the aircraft or for the operation of the aircraft itself, or (2) such activities or equipment are otherwise permitted under paragraph 5 or 6 of this Article. The reference to electronic signals from electromagnetic waves is intended to capture all types of electromagnetic radiation, including radio waves. The primary intent of this paragraph is to prohibit the presence or use of signals intelligence ("SIGINT") equipment on board observation aircraft.

Paragraph 8 establishes the rights of an observing Party in equipping its own aircraft. An observation aircraft provided by the observing Party, which includes aircraft that an observing Party obtains from a third State Party pursuant to paragraph 2 of Section I of Article VI, may be equipped with sensors in each sensor category specified in paragraph I of this Article, as long as each such sensor does not exceed the performance limit provided for in paragraph 2 of this Article. Paragraph 8 also states that the observing Party shall have the right to use an observation aircraft so equipped. An observing Party is not obligated to equip its own aircraft with sensors from each category, nor do the sensors it uses on its aircraft have to attain the minimum performance limits specified in paragraph 2 of this Article. Of course, the sensor may not exceed those limits.

Paragraph 9 establishes the obligations of an observed Party in equipping an aircraft to be used by an observing Party. An observation aircraft provided by the observed Party must be equipped with sensors from each sensor category specified in paragraph 1 of this Article and such sensors shall meet the minimum performance capabilities set forth in paragraph 2, as well as be installed in the numbers of such equipment specified in that paragraph. However, paragraph 2 of Section 11 of Article XVIII provides that, during the three-to-four year phase-in period,infra-red line scanning devices shall not be used, unless agreed by the observing and observed Parties. Further, paragraph 3 of Section II of Article XVIII states that, during the same period, no State Party is obliged to provide an observation aircraft equipped with more than a single optical panoramic camera or a pair of optical framing cameras, nor is that Party required to provide sensors that meet the maximum capability. Thus, if a Party chooses to exercise its "taxi" option, its only obligation during the phase-in period is to provide an aircraft with a single panoramic camera or a pair of framing cameras which can obtain imagery meeting the agreed standard of 30-centimeters ground resolution.

Paragraph 9 also requires that the sensors in such an aircraft be installed in such a way as to provide the same ground coverage as provided for in paragraph 2 of this Article. With respect to a sideways-looking synthetic aperture radar, the ground resolution must be no greater than six meters, as determined by the Russian "object separation" method. Note that subparagraph 2(D) of this Article, supra establishes a maximum performance limit of three meters by the U.S. "impulse response" method, which is equivalent to a ground resolution of no less than five meters determined by the "object separation" method.

Paragraph 10 requires that a State Party that designates an aircraft as an observation aircraft provide all other States Parties with the technical information on each sensor installed on the aircraft as provided for in Annex B. Such information must be provided prior to the certification of the observation aircraft and its sensors, in accordance with subparagraph 2(C) of Section I of Annex D.

Paragraph 11 states that each State Party has the right to participate in the certification of the sensors installed on observation aircraft. The procedures for the certification are contained in Annex D. This paragraph also prohibits the use of observation aircraft of that type, for observation flights until that type of observation aircraft and its sensors have been certified in accordance with the provisions of Annex D.

Paragraph 12 requires that a State Party designating an aircraft as an observation aircraft provide 90-day advance notification of the removal, replacement or addition of sensors on observation aircraft and amendments to the technical information previously provided on sensors. For, the purposes of this paragraph, removal does not mean a temporary removal of a broken sensor and the substitution of another sensor of the same type in its place, or the removal of a sensor for repairs and its re-installation. Such sensors could be checked during the pre-flight inspection pursuant to Annex F and during a demonstration flight. Sensors that are added or replaced shall be subject to certification in accordance with the provisions of Annex D prior to their use during an observation flight.

Paragraph 13 describes remedies in the situation in which a State Party or group of States Parties, based on experience with using a particular observation aircraft, consider that sensors or associated equipment on an observation aircraft do not correspond to those certified in accordance with Annex D. In such a case, the State Party that designated the aircraft shall take the steps necessary to ensure that such sensors and equipment correspond to those certified, including conducting a demonstration flight, at the request of an interested State Party. All other States Parties that have expressed concern regarding that sensor and its equipment shall have the right to send personnel to participate in the demonstration flight. The procedures for such flights are contained in Section III of Annex F. If concerns remain at the end of such procedures, this issue can be referred to the Open Skies Consultative Commission.

Paragraph 14 provides for the issue to be referred to the Open Skies Consultative Commission if not resolved as a result of the steps taken in paragraph 13. Even without this paragraph, however, this issue could be referred to the Commission, pursuant to paragraph 3 of Article X.

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