SECTION II. GENERAL OBLIGATIONS
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overzicht van wijzigingen]
For the purpose of ensuring verification of compliance with the provisions of the
Treaty, each State Party shall facilitate inspections pursuant to this Protocol.
In the case of conventional armaments and equipment in service with the conventional
armed forces of a State Party stationed in the area of application outside national
territory, the host State Party and the stationing State Party shall, in fulfillment
of their respective responsibilities, cooperatively ensure compliance with the relevant
provisions of this Protocol. The stationing State Party shall be fully responsible
for compliance with the Treaty obligations in respect of its conventional armaments
and equipment in service with its conventional armed forces stationed on the territory
of the host State Party.
The escort team shall be placed under the responsibility of the inspected State Party:
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(A) in the case of inspection sites at which only a stationing State Party's conventional
armaments and equipment limited by the Treaty are present and are under this State
Party's command, the escort team shall be placed under the responsibility of a representative
of the stationing State Party for the duration of the inspection within that inspection
site where the stationing State Party's conventional armaments and equipment limited
by the Treaty are located; and
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(B) in the case of inspection sites containing conventional armaments and equipment limited
by the Treaty of both the host State Party and the stationing State Party, the escort
team shall be composed of representatives from both States Parties when conventional
armaments and equipment limited by the Treaty of the stationing State Party are actually
inspected. During the inspection within that inspection site, the host State Party
shall exercise the rights and obligations of the inspected State Party with the exception
of those rights and obligations related to the inspection of the conventional armaments
and equipment limited by the Treaty of the stationing State Party, which shall be
exercised by this stationing State Party.
If an inspection team requests access to a structure or premises utilised by another
State Party by agreement with the inspected State Party, such other State Party shall,
in cooperation with the inspected State Party and to the extent consistent with the
agreement on utilisation, exercise the rights and obligations set forth in this Protocol
with respect to inspections involving equipment or materiel of the State Party utilising
the structure or premises.
Structures or premises utilised by another State Party by agreement with the inspected
State Party shall be subject to inspection only when that other State Party's representative
is on the escort team.
Inspection teams and sub-teams shall be under the control and responsibility of the
inspecting State Party.
No more than one inspection team conducting an inspection pursuant to Section VII
or VIII of this Protocol may be present at the same time at any one inspection site.
Subject to the other provisions of this Protocol, the inspecting State Party shall
decide for how long each inspection team will stay on the territory of the State Party
where an inspection is to be carried out, and at how many and at which inspection
sites it will conduct inspections during the in-country period.
Travel expenses of an inspection team to the point of entry/exit prior to conducting
an inspection and from the point of entry/exit after completion of the last inspection
shall be borne by the inspecting State Party.
Each State Party shall be obliged to receive a number of inspections pursuant to Section
VII or VIII of this Protocol not to exceed its passive declared site inspection quota
for each specified time period: a 120-day baseline validation period, a three-year
reduction period, a 120-day residual level validation period and a residual period
for the duration of the Treaty. The passive declared site inspection quota shall be
determined for each specified time period as a percentage of that State Party's objects
of verification, excluding reduction sites and certification sites, located within
the area of application of the Treaty:
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(A) during the first 120 days after entry into force of the Treaty, the passive declared
site inspection quota shall be equal to 20 percent of a State Party's objects of verification
notified pursuant to Section V of the Protocol on Information Exchange;
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(B) during each year of the reduction period, after completion of the initial 120-day
period, the passive declared site inspection quota shall be equal to 10 percent of
a State Party's objects of verification notified pursuant to Section V of the Protocol
on Information Exchange;
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(C) during the first 120 days after completion of the three-year reduction period, the
passive declared site inspection quota shall be equal to 20 percent of a State Party's
objects of verification notified pursuant to Section V of the Protocol on Information
Exchange; and
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(D) each year, commencing after completion of the 120-day residual level validation period,
for the duration of the Treaty, the passive declared site inspection quota shall be
equal to 15 percent of a State Party's objects of verification notified pursuant to
Section V of the Protocol on Information Exchange.
Each State Party with territory within the area of application shall be obliged to
accept challenge inspections as follows:
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(A) during the baseline validation period, during each year of the reduction period and
during the residual level validation period, up to 15 percent of the number of inspections
of declared sites which that State Party is obliged to receive on its territory of
its own objects of verification as well as of objects of verification belonging to
stationing States Parties; and
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(B) during each year of the residual period, up to 23 percent of the number of inspections
of declared sites which that State Party is obliged to receive on its territory of
its own objects of verification and of objects of verification belonging to stationing
States Parties.
Notwithstanding any other limitations in this Section, each State Party shall be obliged
to accept a minimum of one inspection each year of its objects of verification pursuant
to Section VII of this Protocol, and each State Party with territory within the area
of application shall be obliged to accept a minimum of one inspection each year within
a specified area pursuant to Section VIII of this Protocol.
Inspection pursuant to Section VII of this Protocol of one object of verification
at an inspection site shall count as one inspection against the passive declared site
inspection quota of that State Party whose object of verification is inspected.
The proportion of inspections pursuant to Section VII of this Protocol on the territory
of a host State Party within a specified time period used to inspect objects of verification
belonging to a stationing State Party shall be no greater than the proportion which
that stationing State Party's objects of verification constitute of the total number
of objects of verification located on the territory of that host State Party.
The number of inspections pursuant to Section VII of this Protocol of objects of verification
within a specified time period on any State Party's territory shall be calculated
as a percentage of the total number of objects of verification present on that State
Party's territory.
Inspection pursuant to Section VIII of this Protocol within one specified area shall
count as one inspection against the passive challenge inspection quota and one inspection
against the passive declared site inspection quota of the State Party on whose territory
the inspection is conducted.
Unless otherwise agreed between the escort team and the inspection team, an inspection
team's in-country period shall, up to a total of 10 days, not exceed the total number
of hours calculated according to the following formula:
Subject to the limitations in paragraph 17 of this Section, an inspection team conducting
an inspection pursuant to Section VII or VIII of this Protocol shall spend no more
than 48 hours at a declared site and no more than 24 hours in inspection within a
specified area.
The inspected State Party shall ensure that the inspection team travels to a sequential
inspection site by the most expeditious means available. If the time between completion
of one inspection and arrival of the inspection team at a sequential inspection site
exceeds nine hours, or if the time between completion of the last inspection conducted
by an inspection team on the territory of the State Party where an inspection is carried
out and the arrival of that inspection team at the point of entry/exit exceeds nine
hours, such excess time shall not count against that inspection team's in-country
period.
Each State Party shall be obliged to accept on its territory within the area of application
simultaneously no more than either two inspection teams conducting inspections pursuant
to Sections VII and VIII of this Protocol or a number of inspection teams conducting
inspections pursuant to Sections VII and VIII of this Protocol equal to two percent
of the total number of objects of verification that are to be inspected during a specified
time period on the territory of that State Party, whichever number is greater.
Each State Party shall be obliged to accept simultaneously no more than either two
inspection teams conducting inspections of its conventional armed forces pursuant
to Section VII or VIII of this Protocol or a number of inspection teams conducting
inspections of its conventional armed forces pursuant to Section VII or VIII of this
Protocol equal to two percent of the total number of its objects of verification that
are to be inspected during a specified time period, whichever number is greater.
Notwithstanding the provisions of paragraphs 20 and 21 of this Section, each State
Party with military districts specified in Articles IV and V of the Treaty shall be
obliged to accept on its territory within the area of application simultaneously no
more than two inspection teams conducting inspections pursuant to Sections VII and
VIII of this Protocol within any one of those military districts.
No State Party shall be obliged to accept inspections pursuant to Sections VII and
VIII of this Protocol representing more than 50 percent of its passive declared site
inspection quota in a calendar year from the same State Party.
Each State Party shall have the right to conduct inspections within the area of application
on the territory of other States Parties. However, no State Party shall conduct more
than five inspections annually pursuant to Sections VII and VIII of this Protocol
of another State Party belonging to the same group of States Parties. Any such inspections
shall count against the passive declared site inspection quota of the State Party
being inspected. It shall otherwise be the responsibility solely of each group of
States Parties to determine the allocation of inspections for each State Party within
its group of States Parties. Each State Party shall notify to all other States Parties
its active inspection quota:
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(A) for the baseline validation period, no later than 120 days after signature of the
Treaty;
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(B) for the first year of the reduction period, no later than 60 days after entry into
force of the Treaty; and
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(C) for each subsequent year of the reduction period, for the residual level validation
period and for each year of the residual period, no later than the 15th day of January
preceding each such specified time period.
SECTION III. PRE-INSPECTION REQUIREMENTS
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overzicht van wijzigingen]
Inspections conducted pursuant to the Treaty shall be carried out by inspectors designated
in accordance with paragraphs 3 to 7 of this Section.
Inspectors shall be nationals of the inspecting State Party or other States Parties.
Within 90 days after signature of the Treaty, each State Party shall provide to all
other States Parties a list of its proposed inspectors and a list of its proposed
transport crew members, containing the full names of inspectors and transport crew
members, their gender, date of birth, place of birth and passport number. No list
of proposed inspectors provided by a State Party shall contain at any time more than
400 individuals, and no list of proposed transport crew members provided by a State
Party shall contain at any time more than 600 individuals.
Each State Party shall review the lists of inspectors and transport crew members provided
to it by other States Parties and, within 30 days after receipt of each list, shall
provide notification to the State Party providing that list of any individual whose
name it wishes to be deleted from that list.
Subject to paragraph 7 of this Section, inspectors and transport crew members for
whom deletion has not been requested within the time interval specified in paragraph
4 of this Section shall be considered as accepted for the purposes of issuing visas
and any other documents in accordance with paragraph 8 of this Section.
Each State Party shall have the right to amend its lists within one month after entry
into force of the Treaty. Thereafter, each State Party may once every six months propose
additions to or deletions from its lists of inspectors and transport crew members,
provided that such amended lists do not exceed the numbers specified in paragraph
3 of this Section. Proposed additions shall be reviewed in accordance with paragraphs
4 and 5 of this Section.
A State Party may request, without right of refusal, deletion of any individual it
wishes from lists of inspectors and transport crew members provided by any other State
Party.
The State Party on whose territory an inspection is conducted shall provide to the
inspectors and transport crew members accepted in accordance with paragraph 5 of this
Section visas and any other documents as required to ensure that these inspectors
and transport crew members may enter and remain in the territory of that State Party
for the purpose of carrying out inspection activities in accordance with the provisions
of this Protocol. Such visas and any other necessary documents shall be provided either:
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(A) within 30 days after the acceptance of the lists or subsequent changes in such lists,
in which case the visa shall be valid for a period of no less than 24 months; or
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(B) within one hour after the arrival of the inspection team and transport crew members
at the point of entry/exit, in which case the visa shall be valid for the duration
of their inspection activities.
Within 90 days after signature of the Treaty, each State Party shall provide notification
to all other States Parties of the standing diplomatic clearance number for the transportation
means of that State Party transporting inspectors and equipment necessary for an inspection
into and out of the territory of the State Party in which such an inspection is conducted.
Routings to and from the designated point(s) of entry/exit shall be along established
international airways or other routes that are agreed upon by the States Parties concerned
as the basis for such diplomatic clearance. Inspectors may use commercial flights
for travel to those points of entry/exit that are served by airlines. The provisions
of this paragraph relating to diplomatic clearance numbers shall not apply to such
flights.
Each State Party shall indicate in the notification provided pursuant to Section V
of the Protocol on Information Exchange a point or points of entry/exit in respect
of each declared site with its objects of verification. Such points of entry/exit
may be ground border crossing points, airports or seaports which must have the capacity
to receive the transportation means of the inspecting State Party. At least one airport
shall be notified as a point of entry/exit associated with each declared site. The
location of any point of entry/exit notified as associated with a declared site shall
be such as to allow access to that declared site within the time specified in Section
VII, paragraph 8 of this Protocol.
Each State Party shall have the right to change the point or points of entry/exit
to its territory by notifying all other States Parties no less than 90 days before
such a change becomes effective.
Within 90 days after signature of the Treaty, each State Party shall provide notification
to all other States Parties of the official language or languages of the Conference
on Security and Cooperation in Europe to be used by inspection teams conducting inspections
of its conventional armed forces.
SECTION IV. NOTIFICATION OF INTENT TO INSPECT
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overzicht van wijzigingen]
The inspecting State Party shall notify the inspected State Party of its intention
to carry out an inspection provided for in Article XIV of the Treaty. In the case
of inspection of stationed conventional armed forces, the inspecting State Party shall
simultaneously notify the host and stationing States Parties. In the case of inspection
of certification or reduction procedures carried out by a stationing State Party,
the inspecting State Party shall simultaneously notify the host and stationing States
Parties.
For inspections conducted pursuant to Sections VII and VIII of this Protocol, such
notifications shall be made in accordance with Article XVII of the Treaty no less
than 36 hours in advance of the estimated time of arrival of the inspection team at
the point of entry/exit on the territory of the State Party where an inspection is
to be carried out and shall include:
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(A) the point of entry/exit to be used;
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(B) the estimated time of arrival at the point of entry/exit;
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(C) the means of arrival at the point of entry/exit;
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(D) a statement of whether the first inspection shall be conducted pursuant to Section
VII or VIII of this Protocol and whether the inspection will be conducted on foot,
by cross-country vehicle, by helicopter or by any combination of these;
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(E) the time interval between the arrival at the point of entry/exit and the designation
of the first inspection site;
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(F) the language to be used by the inspection team, which shall be a language designated
in accordance with Section III, paragraph 12 of this Protocol;
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(G) the language to be used for the inspection report prepared in accordance with Section
XII of this Protocol;
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(H) the full names of inspectors and transport crew members, their gender, date of birth,
place of birth and passport number; and
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(I) the likely number of sequential inspections.
For inspections conducted pursuant to Sections IX and X of this Protocol, such notifications
shall be made in accordance with Article XVII of the Treaty no less than 96 hours
in advance of the estimated time of arrival of the inspection team at the designated
point of entry/exit on the territory of the State Party where an inspection is to
be carried out and shall include:
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(A) the point of entry/exit to be used;
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(B) the estimated time of arrival at the point of entry/exit;
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(C) the means of arrival at the point of entry/exit;
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(D) for each inspection at a reduction or certification site, reference to the notification
provided pursuant to Section IX, paragraph 3 or Section X, paragraph 5 of this Protocol;
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(E) the language to be used by the inspection team, which shall be a language designated
in accordance with Section III, paragraph 12 of this Protocol;
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(F) the language to be used for the inspection report prepared in accordance with Section
XII of this Protocol; and
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(G) the full names of inspectors and transport crew members, their gender, date of birth,
place of birth and passport number.
The States Parties notified pursuant to paragraph 1 of this Section shall acknowledge
in accordance with Article XVII of the Treaty receipt of notification within three
hours. Subject to the provisions set forth in this Section, the inspection team shall
be permitted to arrive at the point of entry/exit at the estimated time of arrival
notified pursuant to paragraph 2, subparagraph (B) or paragraph 3, subparagraph (B)
of this Section.
An inspected State Party receiving a notification of intent to inspect shall immediately
upon its receipt send copies of such notification to all other States Parties in accordance
with Article XVII of the Treaty.
If the State Party on whose territory an inspection is to be carried out is unable
to allow the entry of the inspection team at the estimated time of arrival, the inspection
team shall be permitted to enter the territory of that State Party within two hours
before or after the notified estimated time of arrival. In such a case, the State
Party on whose territory an inspection is to be carried out shall notify the inspecting
State Party of the new time of arrival no later than 24 hours following the issuance
of the original notification.
If the inspection team finds itself delayed more than two hours beyond the notified
estimated time of arrival or beyond the new time of arrival communicated pursuant
to paragraph 6 of this Section, the inspecting State Party shall inform the States
Parties notified pursuant to paragraph 1 of this Section of:
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(A) a new estimated time of arrival, which in no case shall be more than six hours beyond
the initial estimated time of arrival or beyond the new time of arrival communicated
pursuant to paragraph 6 of this Section; and
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(B) if the inspecting State Party desires, a new time interval between arrival at the
point of entry/exit and the designation of the first inspection site.
In the event non-commercial flights are used to transport the inspection team to the
point of entry/exit, no less than 10 hours before the planned time of entry into the
air space of the State Party on whose territory the inspection is to be carried out,
the inspecting State Party shall provide that State Party with a flight plan in accordance
with Article XVII of the Treaty. The flight plan shall be filed in accordance with
the procedures of the International Civil Aviation Organisation applicable to civil
aircraft. The inspecting State Party shall include in the remarks section of each
flight plan the standing diplomatic clearance number and the notation: "CFE inspection
aircraft. Priority clearance processing required."
No more than three hours following the receipt of a flight plan that has been filed
in accordance with paragraph 8 of this Section, the State Party on whose territory
an inspection is to be carried out shall ensure that the flight plan is approved so
that the inspection team may arrive at the point of entry/exit at the estimated time
of arrival.
SECTION VI. GENERAL RULES FOR CONDUCTING INSPECTIONS
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overzicht van wijzigingen]
An inspection team may include inspectors from States Parties other than the inspecting
State Party.
For inspections conducted in accordance with Sections VII, VIII, IX and X of this
Protocol, an inspection team shall consist of up to nine inspectors and may divide
itself into up to three sub-teams. In the case of simultaneous inspections on the
territory of States Parties that do not have military districts specified in Articles
IV and V of the Treaty or within a single military district of a State Party with
such military districts, only one inspection team may divide itself at the inspection
site into three sub-teams, the others into two sub-teams.
Inspectors and escort team members shall wear some clear identification of their respective
roles.
An inspector shall be deemed to have assumed his or her duties upon arrival at the
point of entry/ exit on the territory of the State Party where an inspection is to
be carried out and shall be deemed to have ceased performing those duties after leaving
the territory of that State Party through the point of entry/exit.
The number of transport crew members shall not exceed 10.
Without prejudice to their privileges and immunities, inspectors and transport crew
members shall respect the laws and regulations of the State Party on whose territory
an inspection is carried out and shall not interfere in the internal affairs of that
State Party. Inspectors and transport crew members shall also respect regulations
at an inspection site, including safety and administrative procedures. In the event
that the inspected State Party determines that an inspector or transport crew member
has violated such laws and regulations or other conditions governing the inspection
activities set forth in this Protocol, it shall so notify the inspecting State Party,
which upon the request of the inspected State Party shall immediately delete the name
of the individual from the list of inspectors or transport crew members. If the individual
is on the territory of the State Party where an inspection is carried out, the inspecting
State Party shall promptly remove that individual from that territory.
The inspected State Party shall be responsible for ensuring the safety of the inspection
team and transport crew members from the time they arrive at the point of entry/exit
until the time they leave the point of entry/exit to depart the territory of that
State Party.
The escort team shall assist the inspection team in carrying out its functions. At
its discretion, the escort team may exercise its right to accompany the inspection
team from the time it enters the territory of the State Party where an inspection
is to be carried out until the time it departs that territory.
The inspecting State Party shall ensure that the inspection team and each sub-team
have the necessary linguistic ability to communicate freely with the escort team in
the language notified in accordance with Section IV, paragraph 2, subparagraph (F)
and paragraph 3, subparagraph (E) of this Protocol. The inspected State Party shall
ensure that the escort team has the necessary linguistic ability to communicate freely
in this language with the inspection team and each sub-team. Inspectors and members
of the escort team may also communicate in other languages.
No information obtained during inspections shall be publicly disclosed without the
express consent of the inspecting State Party.
Throughout their presence on the territory of the State Party where an inspection
is to be carried out, inspectors shall have the right to communicate with the embassy
or consulate of the inspecting State Party located on that territory, using appropriate
telecommunications means provided by the inspected State Party. The inspected State
Party shall also provide means of communication between the sub-teams of an inspection
team.
The inspected State Party shall transport the inspection team to, from and between
inspection sites by a means and route selected by the inspected State Party. The inspecting
State Party may request a variation in the selected route. The inspected State Party
shall if possible grant such a request. Whenever mutually agreed, the inspecting State
Party will be permitted to use its own land vehicles.
If an emergency arises that necessitates travel of inspectors from an inspection site
to a point of entry/exit or to the embassy or consulate of the inspecting State Party
on the territory of the State Party where an inspection is carried out, the inspection
team shall so notify the escort team, which shall promptly arrange such travel, and
if necessary, shall provide appropriate means of transportation.
The inspected State Party shall provide for use by the inspection team at the inspection
site an administrative area for storage of equipment and supplies, report writing,
rest breaks and meals.
The inspection team shall be permitted to bring such documents as needed to conduct
the inspection, in particular its own maps and charts. Inspectors shall be permitted
to bring and use portable passive night vision devices, binoculars, video and still
cameras, dictaphones, tape measures, flashlights, magnetic compasses and lap-top computers.
The inspectors shall be permitted to use other equipment, subject to the approval
of the inspected State Party. Throughout the in-country period, the escort team shall
have the right to observe the equipment brought by inspectors, but shall not interfere
with the use of equipment that has been approved by the escort team in accordance
with Section V, paragraphs 5 to 7 of this Protocol.
In the case of an inspection conducted pursuant to Section VII or VIII of this Protocol,
the inspection team shall specify on each occasion it designates the inspection site
to be inspected whether the inspection will be conducted on foot, by cross-country
vehicle, by helicopter or by any combination of these. Unless otherwise agreed, the
inspected State Party shall provide and operate the appropriate cross-country vehicles
at the inspection site.
Whenever possible, subject to the safety requirements and flight regulations of the
inspected State Party and subject to the provisions of paragraphs 18 to 21 of this
Section, the inspection team shall have the right to conduct helicopter overflights
of the inspection site, using a helicopter provided and operated by the inspected
State Party, during inspections conducted pursuant to Sections VII and VIII of this
Protocol.
The inspected State Party shall not be obliged to provide a helicopter at any inspection
site that is less than 20 square kilometres in area.
The inspected State Party shall have the right to delay, limit or refuse helicopter
overflights above sensitive points, but the presence of sensitive points shall not
prevent helicopter overflight of the remaining areas of the inspection site. Photography
of or above sensitive points during helicopter overflights shall be permitted only
with the approval of the escort team.
The duration of such helicopter overflights at an inspection site shall not exceed
a cumulative total of one hour, unless otherwise agreed between the inspection team
and the escort team.
Any helicopter provided by the inspected State Party shall be large enough to carry
at least two members of the inspection team and at least one member of the escort
team. Inspectors shall be allowed to take and use on overflights of the inspection
site any of the equipment specified in paragraph 15 of this Section. The inspection
team shall advise the escort team during inspection flights whenever it intends to
take photographs. A helicopter shall afford the inspectors a constant and unobstructed
view of the ground.
In discharging their functions, inspectors shall not interfere directly with ongoing
activities at the inspection site and shall avoid unnecessarily hampering or delaying
operations at the inspection site or taking actions affecting safe operation.
Except as provided for in paragraphs 24 to 29 of this Section, during an inspection
of an object of verification or within a specified area, inspectors shall be permitted
access, entry and unobstructed inspection:
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(A) in the case of a specified area, within the entire specified area; or
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(B) in the case of an object of verification, within the entire territory of the declared
site except within those areas delineated on the site diagram as belonging exclusively
to another object of verification which the inspection team has not designated for
inspection.
During an inspection of an object of verification or within a specified area pursuant
to Section VII or VIII of this Protocol and subject to the provisions of paragraph
25 of this Section, inspectors shall have the right, within the areas cited in paragraph
23 of this Section, to enter any location, structure or area within a structure in
which battle tanks, armoured combat vehicles, artillery, combat helicopters, combat
aircraft, reclassified combat-capable trainer aircraft, armoured personnel carrier
look-alikes, armoured infantry fighting vehicle look-alikes or armoured vehicle launched
bridges are permanently or routinely present. Inspectors shall not have the right
to enter other structures or areas within structures the entry points to which are
physically accessible only by personnel doors not exceeding two metres in width and
to which access is denied by the escort team.
During an inspection of an object of verification or within a specified area pursuant
to Section VII or VIII of this Protocol, inspectors shall have the right to look into
a hardened aircraft shelter to confirm visually whether any battle tanks, armoured
combat vehicles, artillery, combat helicopters, combat aircraft, reclassified combat-capable
trainer aircraft, armoured personnel carrier look-alikes, armoured infantry fighting
vehicle look-alikes or armoured vehicle launched bridges are present and, if so, their
number and type, model or version. Notwithstanding the provisions of paragraph 24
of this Section, inspectors shall enter the interior of such hardened aircraft shelters
only with the approval of the escort team. If such approval is denied and if the inspectors
so request, any battle tanks, armoured combat vehicles, artillery, combat helicopters,
combat aircraft, reclassified combat-capable trainer aircraft, armoured personnel
carrier look-alikes, armoured infantry fighting vehicle look-alikes or armoured vehicle
launched bridges in such hardened aircraft shelters shall be displayed outside.
During an inspection of an object of verification or within a specified area pursuant
to Section VII or VIII of this Protocol, except as provided in paragraphs 27 to 33
of this Section, inspectors shall have the right to have access to conventional armaments
arid equipment only in so far as is necessary to confirm visually their number and
type, model or version.
The inspected State Party shall have the right to shroud individual sensitive items
of equipment.
The escort team shall have the right to deny access to sensitive points, the number
and extent of which should be as limited as possible, to shrouded objects and to containers
any dimension (width,height, length or diameter) of which is less than two metres.
Whenever a sensitive point is designated, or shrouded objects or containers are present,
the escort team shall declare whether the sensitive point, shrouded object or container
holds any battle tanks, armoured combat vehicles, artillery, combat helicopters, combat
aircraft, reclassified combat-capable trainer aircraft, armoured personnel carrier
look-alikes, armoured infantry fighting vehicle look-aiikes or armoured vehicle launched
bridges and, if so, their number and type, model or version.
If the escort team declares that a sensitive point, shrouded object or container does
contain any of the conventional armaments and equipment specified in paragraph 28
of this Section, then the escort team shall display or declare such conventional armaments
and equipment to the inspection team and shall take steps to satisfy the inspection
team that no more than the declared number of such conventional armaments and equipment
are present.
If, during an inspection of an object of verification or within a specified area pursuant
to Section VII or VIII of this Protocol, a helicopter of a type that is or has been
on the multi-purpose attack helicopter list in the Protocol on Existing Types is present
at an inspection site and is declared by the escort team to be a combat support helicopter,
or if an Mi-24R or Mi-24K helicopter is present at an inspection site and is declared
by the escort team to be limited pursuant to Section I, paragraph 3 of the Protocol
on Helicopter Recategorisation, such a helicopter shall be subject to internal inspection
in accordance with Section IX, paragraphs 4 to 6 of this Protocol.
If, during an inspection of an object of verification or within a specified area pursuant
to Section VII or VIII of this Protocol, an aircraft of a specific model or version
of combat-capable trainer aircraft listed in Section II of the Protocol on Aircraft
Reclassification is present at an inspection site and is declared by the escort team
to have been certified as unarmed in accordance with the Protocol on Aircraft Reclassification,
such an aircraft shall be subject to internal inspection in accordance with Section
IX, paragraphs 4 and 5 of this Protocol.
If, during an inspection of an object of verification or within a specified area pursuant
to Section VII or VIII of this Protocol, an armoured vehicle declared by the escort
team to be an armoured personnel carrier look-alike or an armoured infantry fighting
vehicle look-alike is present at an inspection site, the inspection team shall have
the right to determine that such vehicle cannot permit the transport of a combat infantry
squad. Inspectors shall have the right to require the doors and/or hatches of the
vehicle to be opened so that the interior can be visually inspected from outside the
vehicle. Sensitive equipment in or on the vehicle may be shrouded.
If, during an inspection of an object of verification or within a specified area pursuant
to Section VII or VIII of this Protocol, items of equipment declared by the escort
team to have been reduced in accordance with the provisions in the Protocol on Reduction
are present at an inspection site, the inspection team shall have the right to inspect
such items of equipment to confirm that they have been reduced in accordance with
the procedures specified in Sections III to XII of the Protocol on Reduction.
Inspectors shall have the right to take photographs, including video, for the purpose
of recording the presence of conventional armaments and equipment subject to the Treaty,
including within designated permanent storage sites, or other storage sites containing
more than 50 such conventional armaments and equipment. Still cameras shall be limited
to 35mm cameras and to cameras capable of producing instantly developed photographic
prints. The inspection team shall advise the escort team in advance whether it plans
to take photographs. The escort team shall cooperate with the inspection team's taking
of photographs.
Photography of sensitive points shall be permitted only with the approval of the escort
team.
Except as provided for in paragraph 38 of this Section, photography of interiors of
structures other than storage sites specified in paragraph 34 of this Section shall
be permitted only with the approval of the escort team.
Inspectors shall have the right to take measurements to resolve ambiguities that might
arise during inspections. Such measurements recorded during inspections shall be confirmed
by a member of the inspection team and a member of the escort team immediately after
they are taken. Such confirmed data shall be included in the inspection report.
States Parties shall, whenever possible, resolve during an inspection any ambiguities
that arise regarding factual information. Whenever inspectors request the escort team
to clarify such an ambiguity, the escort team shall promptly provide the inspection
team with clarifications. If inspectors decide to document an unresolved ambiguity
with photographs, the escort team shall, subject to the provision in paragraph 35
of this Section, cooperate with the inspection team's taking of appropriate photographs
using a camera capable of producing instantly developed photographic prints. If an
ambiguity cannot be resolved during the inspection, then the question, relevant clarifications
and any pertinent photographs shall be included in the inspection report in accordance
with Section XII of this Protocol.
For inspections conducted pursuant to Sections VII and VIII of this Protocol, the
inspection shall be deemed to have been completed once the inspection report has been
signed and countersigned.
No later than completion of an inspection at a declared site or within a specified
area, the inspection team shall inform the escort team whether the inspection team
intends to conduct a sequential inspection. If the inspection team intends to conduct
a sequential inspection, the inspection team shall designate at that time the next
inspection site. In such cases, subject to the provisions in Section VII, paragraphs
6 and 17 and Section VIII, paragraph 6, subparagraph (A) of this Protocol, the inspected
State Party shall ensure that the inspection team arrives at the sequential inspection
site as soon as possible after completion of the previous inspection. If the inspection
team does not intend to conduct a sequential inspection, then the provisions in paragraphs
42 and 43 of this Section shall apply.
An inspection team shall have the right to conduct a sequential inspection, subject
to the provisions of Sections VII and VIII of this Protocol, on the territory of the
State Party on which that inspection team has conducted the preceding inspection:
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(A) at any declared site associated with the same point of entry/exit as the preceding
inspection site or the same point of entry/exit at which the inspection team arrived;
or
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(B) within any specified area for which the point of entry/exit at which the inspection
team arrived is the nearest point of entry/exit notified pursuant to Section V of
the Protocol on Information Exchange; or
-
(C) at any location within 200 kilometres of the preceding inspection site within the
same military district; or
-
(D) at the location which the inspected State Party claims, pursuant to Section VII, paragraph
11, subparagraph (A) of this Protocol, is the temporary location of battle tanks,
armoured combat vehicles, artillery, combat helicopters, combat aircraft or armoured
vehicle launched bridges which were absent during inspection of an object of verification
at the preceding inspection site, if such conventional armaments and equipment constitute
more than 15 percent of the number of such conventional armaments and equipment notified
in the most recent notification pursuant to the Protocol on Information Exchange;
or
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(E) at the declared site which the inspected State Party claims, pursuant to Section VII,
paragraph 11, subparagraph (B) of this Protocol, is the site of origin for battle
tanks, armoured combat vehicles, artillery, combat helicopters, combat aircraft or
armoured vehicle launched bridges at the preceding inspection site which are in excess
of the number provided in the most recent notification pursuant to the Protocol on
Information Exchange as being present at that preceding inspection site, if such conventional
armaments and equipment exceed by 15 percent the number of such conventional armaments
and equipment so notified.
After completion of an inspection at a declared site or within a specified area, if
no sequential inspection has been declared, then the inspection team shall be transported
to the appropriate point of entry/exit as soon as possible and shall depart the territory
of the State Party where the inspection was carried out within 24 hours.
The inspection team shall leave the territory of the State Party where it has been
conducting inspections from the same point of entry/exit at which it entered, unless
otherwise agreed. If an inspection team chooses to proceed to a point of entry/exit
on the territory of another State Party for the purpose of conducting inspections,
it shall have the right to do so provided that the inspecting State Party has provided
the necessary notification in accordance with Section IV, paragraph 1 of this Protocol.
SECTION VII. DECLARED SITE INSPECTION
[Wijziging(en) op nader te bepalen datum(s); laatste bekendgemaakt in 2001. Zie het
overzicht van wijzigingen]
Inspection of a declared site pursuant to this Protocol shall not be refused. Such
inspections may be delayed only in cases of force majeure or in accordance with Section
II, paragraphs 7 and 20 to 22 of this Protocol.
Except as provided for in paragraph 3 of this Section, an inspection team shall arrive
on the territory of the State Party where an inspection is to be carried out through
a point of entry/exit associated under Section V of the Protocol on Information Exchange
with the declared site it plans to designate as the first inspection site pursuant
to paragraph 7 of this Section.
If an inspecting State Party desires to use a ground border crossing point or seaport
as a point of entry/exit and the inspected State Party has not previously notified
a ground border crossing point or seaport as a point of entry/exit pursuant to Section
V of the Protocol on Information Exchange as associated with the declared site the
inspecting State Party desires to designate as the first inspection site pursuant
to paragraph 7 of this Section, the inspecting State Party shall indicate in the notification
provided pursuant to Section IV, paragraph 2 of this Protocol the desired ground border
crossing point or seaport as point of entry/exit. The inspected State Party shall
indicate in its acknowledgement of receipt of notification, as provided for in Section
IV, paragraph 4 of this Protocol, whether this point of entry/exit is acceptable or
not. In the latter case, the inspected State Party shall notify the inspecting State
Party of another point of entry/exit which shall be as near as possible to the desired
point of entry/exit and which may be an airport notified pursuant to Section V of
the Protocol on Information Exchange, a seaport or a ground border crossing point
through which the inspection team and transport crew members may arrive on its territory.
If an inspecting State Party notifies its desire to use a ground border crossing point
or seaport as a point of entry/exit pursuant to paragraph 3 of this Section, it shall
determine prior to such notification that there is reasonable certainty that its inspection
team can reach the first declared site where that State Party desires to carry out
an inspection within the time specified in paragraph 8 of this Section using ground
transportation means.
If an inspection team and transport crew arrive pursuant to paragraph 3 of this Section
on the territory of the State Party on which an inspection is to be carried out through
a point of entry/exit other than a point of entry/exit that was notified pursuant
to Section V of the Protocol on Information Exchange as being associated with the
declared site it desires to designate as the first inspection site, the inspected
State Party shall facilitate access to this declared site as expeditiously as possible,
but shall be permitted to exceed, if necessary, the time limit specified in paragraph
8 of this Section.
The inspected State Party shall have the right to utilise up to six hours after designation
of a declared site to prepare for the arrival of the inspection team at that site.
At the number of hours after arrival at the point of entry/exit notified pursuant
to Section IV, paragraph 2, subparagraph (E) of this Protocol, which shall be no less
than one hour and no more than 16 hours after arrival at the point of entry/exit,
the inspection team shall designate the first declared site to be inspected.
The inspected State Party shall ensure that the inspection team travels to the first
declared site by the most expeditious means available and arrives as soon as possible
but no later than nine hours after the designation of the site to be inspected, unless
otherwise agreed between the inspection team and the escort team, or unless the inspection
site is located in mountainous terrain or terrain to which access is difficult. In
such case, the inspection team shall be transported to the inspection site no later
than 15 hours after designation of that inspection site. Travel time in excess of
nine hours shall not count against that inspection team's in-country period.
Immediately upon arrival at the declared site, the inspection team shall be escorted
to a briefing facility where it shall be provided with a diagram of the declared site,
unless such a diagram has been provided in a previous exchange of site diagrams. The
declared site diagram, provided upon arrival at the declared site, shall contain an
accurate depiction of the:
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(A) geographic coordinates of a point within the inspection site, to the nearest 10 seconds,
with indication of that point and of true north;
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(B) scale used in the site diagram;
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(C) perimeter of the declared site;
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(D) precisely delineated boundaries of those areas belonging exclusively to each object
of verification, indicating the formation or unit record number of each object of
verification to which each such area belongs and including those separately located
areas where battle tanks, armoured combat vehicles, artillery, combat aircraft, combat
helicopters, reclassified combat-capable trainer aircraft, armoured personnel carrier
look-alikes, armoured infantry fighting vehicle look-alikes or armoured vehicle launched
bridges belonging to each object of verification are permanently assigned;
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(E) major buildings and roads on the declared site;
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(F) entrances to the declared site; and
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(G) location of an administrative area for the inspection team provided in accordance
with Section VI, paragraph 14 of this Protocol.
Within one-half hour after receiving the diagram of the declared site, the inspection
team shall designate the object of verification to be inspected. The inspection team
shall then be given a pre-inspection briefing which shall last no more than one hour
and shall include the following elements:
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(A) safety and administrative procedures at the inspection site;
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(B) modalities of transportation and communication for inspectors at the inspection site;
and
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(C) holdings and locations at the inspection site, including within the common areas of
the declared site, of battle tanks, armoured combat vehicles, artillery, combat aircraft,
combat helicopters, reclassified combat-capable trainer aircraft, armoured personnel
carrier look-alikes, armoured infantry fighting vehicle look-alikes and armoured vehicle
launched bridges, including those belonging to separately located subordinate elements
belonging to the same object of verification to be inspected.
The pre-inspection briefing shall include an explanation of any differences between
the numbers of battle tanks, armoured combat vehicles, artillery, combat aircraft,
combat helicopters or armoured vehicle launched bridges present at the inspection
site and the corresponding numbers provided in the most recent notification pursuant
to the Protocol on Information Exchange, in accordance with the following provisions:
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(A) if the numbers of such conventional armaments and equipment present at the inspection
site are less than the numbers provided in that most recent notification, such explanation
shall include the temporary location of such conventional armaments and equipment;
and
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(B) if the numbers of such armaments and equipment present at the inspection site exceed
the numbers provided in that most recent notification, such explanation shall include
specific information on the origin, departure times from origin, time of arrival and
projected stay at the inspection site of such additional conventional armaments and
equipment.
When an inspection team designates an object of verification to be inspected, the
inspection team shall have the right, as part of the same inspection of that object
of verification, to inspect all territory delineated on the site diagram as belonging
to that object of verification, including those separately located areas on the territory
of the same State Party where conventional armaments and equipment belonging to that
object of verification are permanently assigned.
The inspection of one object of verification at a declared site shall permit the inspection
team access, entry and unobstructed inspection within the entire territory of the
declared site except within those areas delineated on the site diagram as belonging
exclusively to another object of verification which the inspection team has not designated
for inspection. During such inspections, the provisions of Section VI of this Protocol
shall apply.
If the escort team informs the inspection team that battle tanks, armoured combat
vehicles, artillery, combat helicopters, combat aircraft, reclassified combat-capable
trainer aircraft, armoured personnel carrier look-alikes, armoured infantry fighting
vehicle lookalikes or armoured vehicle launched bridges that have been notified as
being held by one object of verification at a declared site are present within an
area delineated on the site diagram as belonging exclusively to another object of
verification, then the escort team shall ensure that the inspection team, as part
of the same inspection, has access to such conventional armaments and equipment.
If conventional armaments and equipment limited by the Treaty or armoured vehicle
launched bridges are present within areas of a declared site not delineated on the
site diagram as belonging exclusively to one object of verification, the escort team
shall inform the inspection team to which object of verification such conventional
armaments and equipment belong.
Each State Party shall be obliged to account for the aggregate total of any category
of conventional armaments and equipment limited by the Treaty notified pursuant to
Section III of the Protocol on Information Exchange, at the organisational level above
brigade/ regiment or equivalent, if such an accounting is requested by another State
Party.
If, during an inspection at a declared site, the inspection team decides to conduct
at the same declared site an inspection of an object of verification that had not
been previously designated, the inspection team shall have the right to commence such
inspection within three hours of that designation. In such case, the inspection team
shall be given a briefing on the object of verification designated for the next inspection
in accordance with paragraphs 10 and 11 of this Section.
SECTION IX. INSPECTION OF CERTIFICATION
[Wijziging(en) op nader te bepalen datum(s); laatste bekendgemaakt in 2001. Zie het
overzicht van wijzigingen]
Each State Party shall have the right to inspect, without right of refusal, the certification
of recategorised multi-purpose attack helicopters and reclassified combat-capable
trainer aircraft in accordance with the provisions of this Section, the Protocol on
Helicopter Recategorisation and the Protocol on Aircraft Reclassification. Such inspections
shall not count against the quotas established in Section II of this Protocol. Inspection
teams conducting such inspections may be composed of representatives of different
States Parties. The inspected State Party shall not be obliged to accept more than
one inspection team at a time at each certification site.
In conducting an inspection of certification in accordance with this Section, an inspection
team shall have the right to spend up to two days at a certification site, unless
otherwise agreed.
No less than 15 days before the certification of recategorised multi-purpose attack
helicopters or reclassified combat-capable trainer aircraft, the State Party conducting
the certification shall provide to all other States Parties notification of:
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(A) the site at which the certification is to take place, including geographic coordinates;
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(B) the scheduled dates of the certification process;
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(C) the estimated number and type, model or version of helicopters or aircraft to be certified;
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(D) the manufacturer's serial number for each helicopter or aircraft;
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(E) the unit or location to which the helicopters or aircraft were previously assigned;
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(F) the unit or location to which the certified helicopters or aircraft will be assigned
in the future;
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(G) the point of entry/exit to be used by an inspection team; and
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(H) the date and time by which an inspection team shall arrive at the point of entry/exit
in order to inspect the certification
Inspectors shall have the right to enter and inspect visually the helicopter or aircraft
cockpit and interior to include checking the manufacturer's serial number, without
right of refusal on the part of the State Party conducting the certification.
If requested by the inspection team, the escort team shall remove, without right of
refusal, any access panels covering the position from which components and wiring
were removed in accordance with the provisions of the Protocol on Helicopter Recategorisation
or the Protocol on Aircraft Reclassification.
Inspectors shall have the right to request and observe, with the right of refusal
on the part of the State Party conducting the certification, the activation of any
weapon system component in multi-purpose attack helicopters being certified or declared
to have been recategorised.
At the conclusion of each inspection of certification, the inspection team shall complete
an inspection report in accordance with the provisions of Section XII of this Protocol.
Upon completion of an inspection at a certification site, the inspection team shall
have the right to depart the territory of the inspected State Party or to conduct
a sequential inspection at another certification site or at a reduction site if the
appropriate notification has been provided by the inspection team in accordance with
Section IV, paragraph 3 of this Protocol. The inspection team shall notify the escort
team of its intended departure from the certification site and, if appropriate, of
its intention to proceed to another certification site or to a reduction site at least
24 hours before the intended departure time.
Within seven days after completion of the certification, the State Party responsible
for the certification shall notify all other States Parties of the completion of the
certification. Such notification shall specify the number, types, models or versions
and manufacturer's serial numbers of certified helicopters or aircraft, the certification
site involved, the actual dates of the certification, and the units or locations to
which the recategorised helicopters or reclassified aircraft will be assigned.
SECTION X. INSPECTION OF REDUCTION
[Wijziging(en) op nader te bepalen datum(s); laatste bekendgemaakt in 2001. Zie het
overzicht van wijzigingen]
Each State Party shall have the right to conduct inspections, without the right of
refusal by the inspected State Party, of the process of reduction carried out pursuant
to Sections I to VIII and X to XII of the Protocol on Reduction in accordance with
the provisions of this Section. Such inspections shall not count against the quotas
established in Section II of this Protocol. Inspection teams conducting such inspections
may be composed of representatives of different States Parties. The inspected State
Party shall not be obliged to accept more than one inspection team at a time at each
reduction site.
The inspected State Party shall have the right to organise and implement the process
of reduction subject only to the provisions set forth in Article VIII of the Treaty
and in the Protocol on Reduction. Inspections of the process of reduction shall be
conducted in a manner that does not interfere with the ongoing activities at the reduction
site or unnecessarily hamper, delay or complicate the implementation of the process
of reduction.
If a reduction site notified pursuant to Section III of the Protocol on Information
Exchange is used by more than one State Party, inspections of the reduction process
shall be conducted in accordance with schedules of such use provided by each State
Party using the reduction site.
Each State Party that intends to reduce conventional armaments and equipment limited
by the Treaty shall notify all other States Parties which conventional armaments and
equipment are to be reduced at each reduction site during a calendar reporting period.
Each such calendar reporting period shall have a duration of no more than 90 days
and no less than 30 days. This provision shall apply whenever reduction is carried
out at a reduction site, without regard to whether the reduction process is to be
carried out on a continuous or intermittent basis.
No less than 15 days before the initiation of reduction for a calendar reporting period,
the State Party intending to implement reduction procedures shall provide to all other
States Parties the calendar reporting period notification. Such notification shall
include the designation of the reduction site with geographic coordinates, the scheduled
date for initiation of reduction and the scheduled date for completion of the reduction
of conventional armaments and equipment identified for reduction during the calendar
reporting period. In addition, the notification shall identify:
-
(A) the estimated number and type of conventional armaments and equipment to be reduced;
-
(B) the object or objects of verification from which the items to be reduced have been
withdrawn;
-
(C) the reduction procedures to be used, pursuant to Sections III to VIII and Sections
X to XII of the Protocol on Reduction, for each type of conventional armaments and
equipment to be reduced;
-
(D) the point of entry/exit to be used by an inspection team conducting an inspection
of reduction notified for that calendar reporting period; and
-
(E) the date and time by which an inspection team must arrive at the point of entry/exit
in order to inspect the conventional armaments and equipment before the initiation
of their reduction.
Except as specified in paragraph 11 of this Section, an inspection team shall have
the right to arrive at or depart from a reduction site at any time during the calendar
reporting period, including three days beyond the end of a notified calendar reporting
period. In addition, the inspection team shall have the right to remain at the reduction
site throughout one or more calendar reporting periods provided that these periods
are not separated by more than three days. Throughout the period that the inspection
team remains at the reduction site, it shall have the right to observe all the reduction
procedures carried out in accordance with the Protocol on Reduction.
In accordance with the provisions set forth in this Section, the inspection team shall
have the right to freely record factory serial numbers from the conventional armaments
and equipment to be reduced or to place special marks on such equipment before reduction
and to record subsequently such numbers or marks at the completion of the reduction
process. Parts and elements of reduced conventional armaments and equipment as specified
in Section II, paragraphs 1 and 2 of the Protocol on Reduction or, in the case of
conversion, the vehicles converted for non-military purposes shall be available for
inspection for at least three days after the end of the notified calendar reporting
period, unless inspection of those reduced elements has been completed earlier.
The State Party engaged in the process of reducing conventional armaments and equipment
limited by the Treaty shall establish at each reduction site a working register in
which it shall record the factory serial numbers of each item undergoing reduction
as well as the dates on which the reduction procedures were initiated and completed.
This register shall also include aggregate data for each calendar reporting period.
The register shall be made available to the inspection team for the period of inspection.
At the conclusion of each inspection of the reduction process, the inspection team
shall complete a standardised report which shall be signed by the inspection team
leader and a representative of the inspected State Party. The provisions of Section
XII of this Protocol shall apply.
Upon completion of an inspection at a reduction site, the inspection team shall have
the right to depart the territory of the inspected State Party or to conduct a sequential
inspection at another reduction site or at a certification site if the appropriate
notification has been provided in accordance with Section IV, paragraph 3 of this
Protocol. The inspection team shall notify the escort team of its intended departure
from the reduction site and, if appropriate, of its intention to proceed to another
reduction site or to a certification site at least 24 hours before the intended departure
time.
Each State Party shall be obliged to accept up to 10 inspections each year to validate
the completion of conversion of conventional armaments and equipment into vehicles
for non-military purposes pursuant to Section VIII of the Protocol on Reduction. Such
inspections shall be conducted in accordance with the provisions of this Section with
the following exceptions:
-
(A) the notification pursuant to paragraph 5, subparagraph (E) of this Section shall identify
only the date and time by which an inspection team must arrive at the point of entry/exit
in order to inspect the items of equipment at the completion of their conversion into
vehicles for non-military purposes; and
-
(B) the inspection team shall have the right to arrive at or depart from the reduction
site only during the three days beyond the end of the notified completion date of
conversion.
Within seven days after the completion of the process of reduction for a calendar
reporting period, the State Party responsible for reductions shall notify all other
States Parties of the completion of reduction for that period. Such notification shall
specify the number and types of conventional armaments and equipment reduced, the
reduction site involved, the reduction procedures employed and the actual dates of
the initiation and completion of the reduction process for that calendar reporting
period. For conventional armaments and equipment reduced pursuant to Sections X, XI
and XII of the Protocol on Reduction, the notification shall also specify the location
at which such conventional armaments and equipment will be permanently located. For
conventional armaments and equipment reduced pursuant to Section VIII of the Protocol
on Reduction, the notification shall specify the reduction site at which final conversion
will be carried out or the storage site to which each item designated for conversion
will be transferred.