Resolução da Assembleia da República n.º 22-A/92 — Aprova, para ratificação, o Tratado sobre Forças Armadas Convencionais na Europa

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.

4 - 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 material of the State Party utilising the structure or premises.

5 - 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.

6 - Inspection teams and sub-teams shall be under the control and responsibility of the inspecting State Party.

7 - 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.

8 - 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.

9 - 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.

10 - 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:

A) During the first 120 days after entry into force of the Treaty, the passive declared site inspection quota shall be equal to 20% a State Party's objects of verification notified pursuant to section V of the Protocol on Information Exchange;

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% of a State Party's objects of verification notified pursuant to section V of the Protocol on Information Exchange;

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% of a State Party's objects of verification notified pursuant to section V of the Protocol on Information Exchange; and

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% of a State Party's objects of verification notified pursuant to section V of the Protocol on Information Exchange.

11 - Each State Party with territory within the area of application shall be obliged to accept challenge inspections as follows:

A) During the baseline validation period, during each year of the reduction period and during the residual level validation period, up to 15% 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

B) During each year of the residual period, up to 23% 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.

12 - 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 os this Protocol.

13 - 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.

14 - 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.

15 - 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.

16 - 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.

17 - 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:

A) 48 hours for the first inspection of an object of verification or within a specified area; plus

B) 36 hours for each sequential inspection of an object of verification or within a specified area.

18 - 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.

19 - 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.

20 - 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 2% 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.

21 - 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 2% of the total number of its objects of verification that are to be inspected during a specified time period, whichever number is greater.

22 - 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.

23 - No State Party shall be obliged to accept inspections pursuant to sections VII and VIII of this Protocol representing more than 50% of its passive declared site inspection quota in a calendar year from the same State Party.

24 - 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:

A) For the baseline validation period, no later than 120 days after signature of the Treaty;

B) For the first year of the reduction period, no later than 60 days after entry into force of the Treaty; and

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

1 - Inspections conducted pursuant to the Treaty shall be carried out by inspectors designated in accordance with paragraphs 3 to 7 of this section.

2 - Inspectors shall be nationals of the inspecting State Party or other States Parties.

3 - 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.

4 - 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.

5 - 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.

6 - 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.

7 - 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.

8 - 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:

A) Within 30 days after the acceptance of the lists or subsequent change in such lists, in which case the visa shall be valid for a period of no less than 24 months; or

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.

9 - 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.

10 - 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.

11 - 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.

12 - 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

1 - 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.

2 - For inspections conducted pursuant to sections VII and VIII of this Protocol, such notifications shall be maded 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:

A) The point of entry/exit to be used;

B) The estimated time of arrival at the point of entry/exit;

C) The means of arrival at the point of entry/exit;

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;

E) The time interval between the arrival at the point of entry/exit and the designation of the first inspection site;

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;

G) The language to be used for the inspection report prepared in accordance with section XII of this Protocol;

H) The full names of inspectors and transport crew members, their gender, date of birth, place of birth and passport number; and

I) The likely number of sequential inspections.

3 - 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:

A) The point of entry/exit to be used;

B) The estimated time of arrival at the point of entry/exit;

C) The means of arrival at the point of entry/exit;

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;

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;

F) The language to be used for the inspection report prepared in accordance with section XII of this Protocol; and

G) The full names of inspectors and transport crew members, their gender, date of birth, place of birth and passport number.

4 - 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.

5 - 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.

6 - 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.

7 - 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:

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

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.

8 - 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 Clarence processing required.»

9 - 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 V

Procedures upon arrival at point of entry/exit

1 - The escort team shall meet the inspection team and transport crew members at the point of entry/exit upon their arrival.

2 - A State Party which utilises structures or premises by agreement with the inspected State Party will designate a liaison officer to the escort team who will be available as needed at the point of entry/exit to accompany the inspection team at any time as agreed with the escort team.

3 - Times of arrival at and return to a point of entry/exit shall be agreed and recorded by both the inspection team and the escort team.

4 - The State Party on whose territory an inspection is to be carried out shall ensure that luggage, equipment and supplies of the inspection team are exempt from all customs duties and are expeditiously processed at the point of entry/exit.

5 - Equipment and supplies that the inspecting State Party brings into the territory of the State Party where an inspection is to be carried out shall be subject to examination each time they are brought into that territory. This examination shall be completed prior to the departure of the inspection team from the point of entry/exit to the inspection site. Such equipment and supplies shall be examined by the escort team in the presence of the inspection team members.

6 - If the escort team determines upon examination that an item of equipment or supplies brought by inspectors is capable of performing functions inconsistent with the inspection requirements of this Protocol or does not meet the requirements set forth in section VI, paragraph 15, of this Protocol, then the escort team shall have the right to deny permission to use that item and to impound it at the point of entry/exit. The inspecting State Party shall remove such impounded equipment or supplies from the territory of the State Party where an inspection is to be carried out at the earliest opportunity at its own discretion, but no later than the time when the inspection team which brought that impounded equipment or supplies leaves the country.

7 - If a State Party has not participated during examination of equipment of an inspection team at the point of entry/exit, that State Party shall be entitled to exercise the rights of the escort team pursuant to paragraphs 5 and 6 of this section prior to inspection at a declared site at which its conventional armed forces are present or of a structure or premises it utilises by agreement with the inspected State Party.

8 - Throughout the period in which the inspection team and transport crew remain on the territory of the State Party where the inspection site is located, the inspected State Party shall provide or arrange for the provision of meals, lodging, work space, transportation and, as necessary, medical care or any other emergency assistance.

9 - The State Party on whose territory an inspection is carried out shall provide accommodation, security protection, servicing and fuel for the transportation means of the inspecting State Party at the point of entry/exit.

SECTION VI

General rules for conducting inspections

1 - An inspection team may include inspectors from States Parties other than the inspecting State Party.

2 - 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 inspections site into three sub-teams, the others into two sub-teams.

3 - Inspectors and escort team members shall wear some clear identification of their respective roles.

4 - 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.

5 - The number of transport crew members shall not exceed 10.

6 - 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.

7 - 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.

8 - 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.

9 - 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.

10 - No information obtained during inspections shall be publicly disclosed without the express consent of the inspecting State Party.

11 - 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.

12 - 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.

13 - If an emergency arises that necessitates travel of inspectors from as 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 as 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.

14 - 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.

15 - 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.

16 - 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.

17 - 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.

18 - 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.

19 - 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.

20 - 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.

21 - 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.

22 - 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.

23 - 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:

A) In the case of a specified area, within the entire specified area; or

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.

24 - 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.

25 - 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.

26 - 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 and equipment only in so far as is necessary to confirm visually their number and type, model or version.

27 - The inspected State Party shall have the right to shroud individual sensitive items of equipment.

28 - 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-alikes or armoured vehicle launched bridges and, if so, their number and type, model or version.

29 - 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.

30 - 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 multipurpose 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.

31 - 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.

32 - 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.

33 - 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.

34 - 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 35 millimetres 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 inspection team's taking of photographs.

35 - Photography of sensitive points shall be permitted only with the approval of the escort team.

36 - 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.

37 - 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.

38 - 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.

39 - 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.

40 - No later than completion of an inspection at a declared site or thin 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.

41 - 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:

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

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% of the number of such conventional armaments and equipment notified in the most recent notification pursuant to the Protocol on Information Exchange; or

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% the number of such conventional armaments and equipment so notified.

42 - 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.

43 - 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

1 - Inspection of a declared site pursuant to this Protocol shall not be refused. Such inspections may be delayed only in cases of force majeure in accordance with section II, paragraphs 7 and 20 to 22, of this Protocol.

2 - 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.

3 - 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 VI, 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.

4 - 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.

5 - 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.

6 - 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.

7 - 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.

8 - 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.

9 - 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:

A) Geographic coordinates of a point within the inspection site, to the nearest 10 seconds, with indication of that point and of true north;

B) Scale used in the site diagram;

C) Perimeter of the declared site;

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;

E) Major buildings and roads on the declared site;

F) Entrances to the declared site; and

G) Location of an administrative area for the inspection team provided in accordance with section VI, paragraph 14, of this Protocol.

10 - 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:

A) Safety and administrative procedures at the inspection site;

B) Modalities of transportation and communication for inspectors at the inspection site; and

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.

11 - 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:

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

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.

12 - 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.

13 - 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.

14 - 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 look-alikes 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.

15 - 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 wich object of verification such conventional armaments and equipment belong.

16 - 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.

17 - 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 VIII

Challenge inspection within specified areas

1 - Each State Party shall have the right to conduct challenge inspections within specified areas in accordance with this Protocol.

2 - If the inspecting State Party intends to conduct a challenge inspection within a specified area as the first inspection after arrival at a point of entry/exit:

A) It shall include in its notification pursuant to section IV of this Protocol the designated point of entry/exit nearest to or within that specified area capable of receiving the inspecting State Party's chosen means of transportation; and

B) 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 specified area it wishes to inspect. Whenever a specified area is designated, the inspection team shall, as part of its inspection request, provide to the escort team a geographic description delineating the outer boundaries of that area. The inspection team shall have the right, as part of that request, to identify any structure of facility it wishes to inspect.

3 - The State Party on whose territory a challenge inspection is requested shall, immediately upon receiving a designation of a specified area, inform other States Parties which utilise structures or premises by agreement with the inspected State Party of that specified area, including its geographic description delineating the outer boundaries.

4 - The inspected State Party shall have the right to refuse challenge inspections within specified areas.

5 - The inspected State Party shall inform the inspection team within two hours after the designation of a specified area whether the inspection request will be granted.

6 - If access to a specified area is granted:

A) The inspected State Party shall have the right to use up to six hours after it accepts the inspection to prepare for the arrival of the inspection team at the specified area;

B) The inspected State Party shall ensure that the inspection team travels to the first specified area by the most expeditious means available and arrives as soon as possible after the designation of the site to be inspected, but no later than nine hours from the time such an inspection is accepted, 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 such an inspection is accepted. Travel time in excess of nine hours shall not count against that inspection team's in-country period; and

C) The provisions of section VI of this Protocol shall apply. Within such specified area the escort team may delay access to or overflight of particular parts of that specified area. If the delay exceeds more than four hours the inspection team shall have the right to cancel the inspection. The period of delay shall not count against the in-country period or the maximum time allowed within a specified area.

7 - If an inspection team requests access to a structure or premises which another State Party utilises by agreement with the inspected State Party, the inspected State Party shall immediately inform that State Party of such a request. The escort team shall inform the inspection team that the other State Party, by agreement with the inspected 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 material of the State Party utilising the structure or premises.

8 - If the inspected State Party so wishes, the inspection team may be briefed on arrival at the specified area. This briefing is to last no more than one hour. Safety procedures and administrative arrangements may also be covered in this briefing.

9 - If access to a specified area is denied:

A) The inspected State Party or the State Party exercising the rights and obligations of the inspected State Party shall provide all reasonable assurance that the specified area does not contain conventional armaments and equipment limited by the Treaty. If such armaments and equipment are present and assigned to organisations designed and structured to perform in peacetime internal security functions in the area defined in article V of the Treaty, the inspected State Party or the State Party exercising the rights and obligations of the inspected State Party shall allow visual confirmation of their presence, unless precluded from so doing by force majeure, in which case visaul confirmation shall be allowed as soon as practicable; and

B) No inspection quota shall be counted, and the time between the designation of the specified area and its subsequent refusal shall not count against the in-country period. The inspections team shall have the right to designate another specified area or declared site for inspection or to declare the inspection concluded.

SECTION IX

Inspection of certification

1 - 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.

2 - 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.

3 - 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:

A) The site at which the certification is to take place, including geographic coordinates;

B) The scheduled dates of the certification process;

C) The estimated number and type, model or version of helicopters or aircraft to be certified;

D) The manufacturer's serial number for each helicopter or aircraft;

E) The unit or location to which the helicopters or aircraft were previously assigned;

F) The unit or location to which the certified helicopters or aircraft will be assigned in the future;

G) The point of entry/exit to be used by an inspection team; and

H) The date and time by which an inspection team shall arrive at the point of entry/exit in order to inspect the certification.

4 - 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.

5 - 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.

6 - 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.

7 - 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.

8 - 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.

9 - 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

1 - 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.

2 - 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 XIII 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.

3 - 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.

4 - 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.

5 - 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.

6 - 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.

7 - 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.

8 - 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.

9 - 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.

10 - 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 teen 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.

11 - 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.

12 - 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.

SECTION XI

Cancellation of inspections

1 - If an inspection team finds itself unable to arrive at the point of entry/exit within six hours after the initial estimated time of arrival or after the new time of arrival communicated pursuant to section IV, paragraph 6, of this Protocol, the inspecting State Party shall so inform the States Parties notified pursuant to section IV, paragraph 1, of this Protocol. In such a case, the notification of intent to inspect shall lapse and the inspection shall be cancelled.

2 - In the case of delay, due to circumstances beyond the control of the inspecting State Party, occurring after the inspection team has arrived at the point of entry/exit and which has prevented the inspection team from arriving at the first designated inspection site within the time specified in section VII, paragraph 8, or section VIII, paragraph 6, subparagraph B), of this Protocol, the inspecting State Party shall have the right to cancel the inspection. If an inspection is cancelled under such circumstances, it shall not be counted against any quotas provided for in the Treaty.

SECTION XII

Inspection reports

1 - In order to complete an inspection carried out in accordance with section VII, VIII, IX or X of this Protocol, and before leaving the inspection site:

A) The inspection team shall provide the escort team with a written report; and

B) The escort team shall have the right to include its written comments in the inspection report and shall countersign the report within one hour after having received the report from the inspection team, unless an extension has been agreed between the inspection team and the escort team.

2 - The report shall be signed by the inspection team leader and receipt acknowledged in writing by the leader of the escort team.

3 - The report shall be factual and standardised. Formats for each type of inspection shall be agreed by the Joint Consultative Group prior to entry into force of the Treaty, taking into account paragraphs 4 and 5 of this section.

4 - Reports of inspections conducted pursuant to sections VII and VIII of this Protocol shall include:

A) The inspection site;

B) The date and time of arrival of the inspection team at the inspection site;

C) The date and time of departure of the inspection team from the inspection site; and

D) The number and type, model or version of any 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 that were observed during the inspection, including, if appropriate, an indication of the object of verification to which they belonged.

5 - Reports of inspections conducted pursuant to sections IX and X of this Protocol shall include:

A) The reduction or certification site at which the reduction or certification procedures were carried out;

B) The dates the inspection team was present at the site;

C) The number and type, model or version of conventional armaments and equipment for which the reduction or certification procedures were observed;

D) A list of any serial numbers recorded during the inspections;

E) In the case of reductions, the particular reduction procedures applied or observed; and

F) In the case of reductions, if an inspection team was present at the reduction site throughout the calendar reporting period, the actual dates on which the reduction procedures were initiated and completed.

6 - The inspection report shall be written in the official language of the Conference on Security and Cooperation in Europe designated by the inspecting State Party in accordance with section IV, paragraph 2, subparagraph G), or paragraph 3, subparagraph F), of this Protocol.

7 - The inspecting State Party and the inspected State Party shall each retain one copy of the report. At the discretion of either State Party, the inspection report may be forwarded to other States Parties and, as a rule, made available to the Joint Consultative Group.

8 - The stationing State Party shall in particular:

A) Have the right to include written comments related to the inspection of its stationed conventional armed forces; and

B) Retain one copy of the inspection report in the case of inspection of its stationed conventional armed forces.

SECTION XIII

Privileges and immunities of inspectors and transport crew members

1 - To exercise their functions effectively, for the purpose of implementing the Treaty and not for their personal benefit, inspectors and transport crew members shall be accorded the privileges and immunities enjoyed by diplomatic agents pursuant to article 29, article 30, paragraph 2, article 31, paragraphs 1, 2 and 3, and articles 34 and 35 of the Vienna Convention on Diplomatic Relations of April 18, 1961.

2 - In addition, inspectors and transport crew members shall be accorded the privileges enjoyed by diplomatic agents pursuant to article 36, paragraph 1, subparagraph b), of the Vienna Convention on Diplomatic Relations of April 18, 1961. They shall not be permitted to bring into the territory of the State Party where the inspection is to be carried out articles the import or export of which is prohibited by law or controlled by quarantine regulations of that State Party.

3 - The transportation means of the inspection team shall be inviolable, except as otherwise provided for in the Treaty.

4 - The inspecting State Party may waive the immunity from jurisdiction of any of its inspectors or transport crew members in those cases when it is of the opinion that immunity would impede the course of justice and that it can be waived without prejudice to the implementation of the provisions of the Treaty. The immunity of inspectors and transport crew members who are not nationals of the inspecting State Party may be waived only by the States Parties of which those inspectors are nationals. Waiver must always be express.

5 - The privileges and immunities provided for in this section shall be accorded to inspectors and transport crew members:

A) While transiting through the territory of any State Party for the purpose of conducting an inspection on the territory of another State Party;

B) Throughout their presence on the territory of the State Party where the inspection is carried out; and

C) Thereafter with respect to acts previously performed in the exercise of official functions as an inspector or transport crew member.

6 - If the inspected State Party considers that an inspector or transport crew member has abused his or her privileges and immunities, then the provisions set forth in section VI, paragraph 6, of this Protocol shall apply. At the request of any of the States Parties concerned, consultations shall be held between them in order to prevent a repetition of such an abuse.

PROTOCOL ON THE JOINT CONSULTATIVE GROUP

The States Parties hereby agree upon procedures and other provisions relating to the Joint Consultative Group established by article XVI of the Treaty on Conventional Armed Forces in Europe of November, 19, 1990, hereinafter referred to as the Treaty.

1 - The Joint Consultative Group shall be composed of representatives designated by each State Party. Alternates, advisers and experts of a State Party may take part in the proceedings of the Joint Consultative Group as deemed necessary by that State Party.

2 - The first session of the Joint Consultative Group shall open no later than 60 days after the signing of the Treaty. The chairman of the opening meeting shall be the representative of the Kingdom of Norway.

3 - The Joint Consultative Group shall meet for regular sessions to be had two times per year.

4 - Additional sessions shall be convened at the request of one or more States Parties by the chairman of the Joint Consultative Group, who shall promptly inform all other States Parties of the request. Such sessions shall open no later than 15 days after receipt of such a request by the chairman.

5 - Sessions of the Joint Consultative Group shall last no longer than four weeks, unless it decides otherwise.

6 - States Parties shall assume in rotation, determined by alphabetical order in the French language, the chairmanship of the Joint Consultative Group.

7 - The Joint Consultative Group shall meet in Vienna, unless it decides otherwise.

8 - Representatives at meetings shall be seated in alphabetical order of the States Parties in the French language.

9 - The official languages of the Joint Consultative Group shall be English, French, German, Italian, Russian and Spanish.

10 - The proceedings of the Joint Consultative Group shall be confidential, unless it decides otherwise.

11 - The scale of distribution for the common expenses associated with the operation of the Joint Consultative Group shall be applied, unless otherwise decided by the Joint Consultative Group, as follows:

10.35%, for the French Republic, the Federal Republic of Germany, the Italian Republic, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America;

6.50%, for Canada;

5.20%, for the Kingdom of Spain;

4.00%, for the Kingdom of Belgium, the Kingdom of the Netherlands and the Republic of Poland;

2.34%, for the Czech and Slovak Federal Republic, the Kingdom of Denmark, the Republic of Hungary and the Kingdom of Norway;

0.88%, for the Hellenic Republic, Romania and the Republic of Turkey;

0.68%, for the Republic of Bulgaria, the Grand Duchy of Luxembourg and the Portuguese Republic; and

0.16%, for the Republic of Iceland.

12 - During the period that this Protocol is applied provisionally in accordance with the Protocol on Provisional Application, the Joint Consultative Group shall:

A) Work out or revise, as necessary, rules of procedure, working methods, the scale of distribution of expenses of the Joint Consultative Group and of conferences, and the distribution of the costs of inspections between or among States Parties, in accordance with article XVI, paragraph 2, subparagraph F) of the Treaty; and

B) Consider, upon the request of any State Party, issues relating to the provisions of the Treaty that are applied provisionally.

PROTOCOL ON THE PROVISIONAL APPLICATION OF CERTAIN PROVISIONS OF THE TREATY OR CONVENTIONAL ARMED FORCES IN EUROPE.

To promote the implementation of the Treaty on Conventional Armed Forces in Europe of November 19, 1990, hereinafter referred to as the Treaty, the States Parties hereby agree to the provisional application of certain provisions of the Treaty.

1 - Without detriment to the provisions of article XXII of the Treaty, the States Parties shall apply provisionally the following provisions of the Treaty:

A) Article VII, paragraphs 2, 3 and 4;

B) Article VIII, paragraphs 5, 6 and 8;

C) Article IX;

D) Article XIII;

E) Article XVI, paragraphs 1, 2, F), 2, G), 4, 6 and 7;

F) Article XVII;

G) Article XVIII;

H) Article XXI, paragraph 2;

I) Protocol on Existing Types, sections III and IV;

J) Protocol on Information Exchange, sections VII, XII and XIII;

K) Protocol on Inspection, section II, paragraph 24, subparagraph A), and section III, paragraphs 3, 4, 5, 7, 8, 9, 10, 11 and 12;

L) Protocol on the Joint Consultative Group; and

M) Protocol on Reduction, section IX.

2 - The States Parties shall apply provisionally the provisions listed in paragraph 1 of this Protocol in the light of and in conformity with the other provisions of the Treaty.

3 - This Protocol shall enter into force at the signature of the Treaty. It shall remain in force for 12 months, but shall terminate earlier if:

A) The Treaty enters into force before the period of 12 months expires; or

B) A State Party notifies all other States Parties that it does not intend to become a party to the Treaty.

The period of application of this Protocol may be extended if all the States Parties so decide.

Statement by the chairman of the Joint Consultative Group

1 - I hereby record that:

In order to fulfil the legally-binding obligations of the Treaty on Conventional Armed Forces in Europe and of the agreements entered into by the States Parties on 14 June 1991, the Union of Soviet Socialist Republics shall treat all its conventional armaments and equipment in the categories defined in article II of the Treaty present, on or after 19 November 1990, on the territories of Estonia, Latvia and Lithuania as subject to all provisions of the Treaty and associated documents. In particular, conventional armaments and equipment in the categories limited by the Treaty shall be notified as part of Soviet holdings and shall count towards the Soviet reduction liability. This statement shall be legally binding and shall have the same duration as the Treaty.

2 - This chairman's statement, recording the above legally-binding agreement among the States Parties, which will not be considered a precedent, will be recorded in the Journal, transmitted to the depository and deposited together with the instruments of ratification.

18 October, 1991.

Treaty on Conventional Armed Forces in Europe - Extraordinary Conference

1 - Upon the request of the French Republic the depository convened on 14 June 1991 an Extraordinary Conference pursuant to article XXI, paragraph 2, of the Treaty on Conventional Armed Forces in Europe.

2 - At the Conference, the 22 States Parties issued the legally-binding statements annexed to this document. The 22 States Parties agreed that these statements are a satisfactory basis for proceeding toward ratification and implementation of the Treaty on Conventional Armed Forces in Europe.

3 - Copies of this document together with the annexed statements, in all official languages, shall be held by the depository and circulated to all States Parties.

Vienna, 14 June, 1991.

Statement by the Government of the Union of Soviet Socialist Republics

In order to promote the implementation of the Treaty on Conventional Armed Forces in Europe of November 19, 1990 (the Treaty), the Government of the Union of Soviet Socialist Republics states that it assumes the following obligations outside the framework of the Treaty:

I

The Union of Soviet Socialist Republics shall hold within the area of application of the Treaty conventional armaments and equipment in the Treaty-limited categories not to exceed: in coastal defence forces, 813 battle tanks, 972 armoured combat vehicles and 846 pieces of artillery; in naval infantary, 120 battle tanks, 753 armoured combat vehicles and 234 pieces of artillery; in the strategic rocket forces, 1,701 armoured combat vehicles, each being an armoured personnel carrier as that term is defined in the Treaty.

II

Forty months after entry into force of the Treaty and thereafter, within the levels and sublevels that ensue from the obligations of the Union of Soviet Socialist Republics under the Treaty, the holdings of the Union of Soviet Socialist Republics of battle tanks, armoured combat vehicles and pieces of artillery shall be less than its maximum levels for holdings, as notified in accordance with article VII of the Treaty, by the number it will have in coastal defence forces and naval infantary within the area of application of the Treaty. For example, with regard to battle tanks, unless the maximum levels for holdings for the Union of Soviet Socialist Republics are revised in accordance with article VII of the Treaty, the numbers for the Union of Soviet Socialist Republics within the area of application of the Treaty, including battle tanks in coastal defence forces and naval infantary, will not exceed: 13,150 overall; 10,500 in active units overall; 7,150 in active units within the region described in article IV, paragraph 3, of the Treaty, and 1,850 in active units within the area described in article V, paragraph 1, subparagraph A), of the Treaty.

III

1 - The Union of Soviet Socialist Republics shall reduce, in addition to the reduction liability established for the Union of Soviet Socialist Republics under the Treaty on the basis of information it supplied, its holdings of conventional armaments and equipment in the Treaty-limited categories within the area of application of the Treaty by the number which it had as of the date of signature of the Treaty in coastal defence forces and naval infantary, that is, by 933 battle tanks, 1,725 armoured combat vehicles, and 1,080 pieces of artillery.

2 - Such additional reduction shall be carried out by means of destruction or conversion into civilian equipment of 933 battle tanks and destruction of 1,080 pieces of artillery. Of the 1,725 armoured combat vehicles to be additionally reduced, 972 armoured combat vehicles shall be destroyed or converted into civilian equipment and 753 armoured combat vehicles of the MT-LB type, included in the armoured combat vehicle category and belonging to the number declared as of the date of signature of the Treaty, shall be modified, in accordance with the Protocol on Existing Types, into armoured personnel carrier look-alikes of the MT-LB-AT type, which are not limited by the Treaty.

3 - 50% of 933 battle tanks and 972 armoured combat vehicles shall be destroyed or converted within the area of application of the Treaty and 50% of 1,080 pieces of artillery shall be destroyed within the area of application of the Treaty, within the time limits and in accordance with the procedures established by the Treaty. The remainder of these conventional armaments and equipment shall be withdrawn from the area of application of the Treaty; an equivalent number of conventional armaments and equipment shall be destroyed or converted outside of the area of application of the Treaty within the time limits established by de Treaty and in accordance with procedures which provide sufficient visible evidence that the conventional armaments and equipment have been destroyed or rendered militarily unusable. The States Parties to the Treaty shall be notified in advance, giving the location, number and types of conventional armaments and equipment to be destroyed or converted.

IV

The holdings of armoured combat vehicles in the Strategic Rocket Forces of the Union of Soviet Socialist Republics shall not be subject to the numerical limitations of the Treaty, in accordance with article III, paragraph 1, subparagraph F), of the Treaty. These forces shall not be equipped with conventional armaments and equipment in the Treaty-limited categories, other than armoured personnel carriers.

V

The conventional armaments and equipment of coastal defence forces and naval infantary in the categories subject to the Treaty within the area of application of the Treaty shall be subject to challenge inspections in accordance with the provisions of the Protocol on Inspection. Effective verification of such armaments and equipment shall be ensured. The Union of Soviet Socialist Republics shall provide separate information to all States Parties on such armaments and equipment of the same scope and with the same degree of detail as provided for in section III, paragraph 2, of the Protocol on Information Exchange, and under the same timetable for the provision of information as provided for in section VII of that Protocol.

VI

Unless otherwise specified a) in this Statement; b) in the Treaty, or c) in the Declaration on Land-Based Naval Aircraft all conventional armaments and equipment in the Treaty-limited categories, based on land within the area of application of the Treaty, irrespective of assignment, shall be subject to all numerical limitations of the Treaty.

VII

This Statement of the Government of the Union of Soviet Socialist Republics regarding the aforementioned obligations assumed outside the framework of the Treaty shall enter into force simultaneously with the Treaty, shall be legally binding and shall have the same duration as the Treaty.

Statement of the Government of the Republic of Bulgaria

The Government of the Republic of Bulgaria hereby agrees that the Statement of the Government of the Union of Soviet Socialist Republics of today's date provides a satisfactory basis for proceeding toward ratification and implementation of the Treaty on Conventional Armed Forces in Europe of November 19, 1990 (the Treaty).

The aforementioned Statement of the Government of the Union of Soviet Socialist Republics and this Statement of the Government of the Republic of Bulgaria shall be equally legally binding; they shall enter into force simultaneously with the Treaty, and shall have the same duration as the Treaty.

14 June, 1991.

Statement of the Government of the Czech and Slovak Federal Republic

The Government of the Czech and Slovak Federal Republic hereby agrees that the Statement of the Government of the Union of Soviet Socialist Republics of today's date provides a satisfactory basis for proceeding toward ratification and implementation of the Treaty on Conventional Armed Forces in Europe of November 19, 1990 (the Treaty).

The aforementioned Statement of the Government of the Union of Soviet Socialist Republics and this Statement Of the Government Of the Czech and Slovak Federal Republic shall be equally legally binding; they shall enter into force simultaneously with the Treaty, and shall have the same duration as the Treaty.

14 June, 1991.

Statement of the Government of the Republic of Hungary