Treaty on Conventional Armed Forces in Europe (CFE) -- Agreement on Adaptation
19 November 1999
The Republic of Armenia, the Republic of Azerbaijan, the Republic of Belarus, the Kingdom of Belgium, the Republic of Bulgaria, Canada, the Czech Republic, the Kingdom of Denmark, the French Republic, Georgia, the Federal Republic of Germany, the Hellenic Republic, the Republic of Hungary, the Republic of Iceland, the Italian Republic, the Republic of Kazakhstan, the Grand Duchy of Luxembourg, the Republic of Moldova, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Portuguese Republic, Romania, the Russian Federation, the Slovak Republic, the Kingdom of Spain, the Republic of Turkey, Ukraine, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, hereinafter referred to as the States Parties,
Conscious of the fundamental changes that have occurred in Europe since the Treaty on Conventional Armed Forces in Europe was signed in Paris on 19 November 1990, hereinafter referred to as the Treaty,
Determined to sustain the key role of the Treaty as the cornerstone of European security,
Noting the fulfilment of the objective of the original Treaty of ensuring that the numbers of conventional armaments and equipment limited by the Treaty within the area of application of the Treaty would not exceed 40,000 battle tanks, 60,000 armoured combat vehicles, 40,000 pieces of artillery, 13,600 combat aircraft and 4,000 attack helicopters,
Have agreed as follows:
Article 1
The Preamble of the Treaty shall be deleted and replaced by:
The Republic of Armenia, the Republic of Azerbaijan, the Republic of Belarus, the Kingdom of Belgium, the Republic of Bulgaria, Canada, the Czech Republic, the Kingdom of Denmark, the French Republic, Georgia, the Federal Republic of Germany, the Hellenic Republic, the Republic of Hungary, the Republic of Iceland, the Italian Republic, the Republic of Kazakhstan, the Grand Duchy of Luxembourg, the Republic of Moldova, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Portuguese Republic, Romania, the Russian Federation, the Slovak Republic, the Kingdom of Spain, the Republic of Turkey, Ukraine, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, hereinafter referred to as the States Parties,
Guided by the Mandate for Negotiation on Conventional Armed Forces in Europe of 10 January 1989,
Guided by the objectives and the purposes of the Organization for (formerly Conference on) Security and Co-operation in Europe, within the framework of which the negotiation of this Treaty was conducted in Vienna,
Recalling their obligation to refrain in their mutual relations, as well as in their international relations in general, from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes and principles of the Charter of the United Nations,
Conscious of the need to prevent any military conflict in Europe,
Conscious of the common responsibility which they all have for seeking to achieve greater stability and security in Europe, and bearing in mind their right to be or not to be a party to treaties of alliance,
Striving to develop further and consolidate a new pattern of security relations among all the States Parties based on peaceful cooperation and thereby to contribute to establishing a common and indivisible security space in Europe,
Committed to the objectives of establishing maintaining a secure, and stable and balanced overall level of conventional armed forces in Europe lower than heretofore, of eliminating disparities prejudicial to stability and security and of eliminating the capability for launching surprise attack and for initiating large-scale offensive action in Europe,
Affirming that this Treaty is not intended to affect adversely the security interests of any State,
Having taken note of the Final Act of the Conference of the States Parties to the Treaty on Conventional Armed Forces in Europe held in Istanbul from 17 to 19 November 1999, as well as of the statements made by certain States Parties concerning their political commitments referred to therein,
Affirming their commitment to continue the conventional arms control process including negotiations, taking into account the opening of the Treaty for accession by other participating States of the Organization for Security and Co-operation in Europe with territory in the geographic area between the Atlantic Ocean and the Urals Mountains as well as future requirements for European stability and security in the light of political developments in Europe,
Have agreed as follows:"
Article 2
Article I of the Treaty shall be deleted and replaced by the following:
"Article I
1. Each State Party shall carry out the obligations set forth in this Treaty in accordance with its provisions, including those obligations relating to the following five categories of conventional armed forces: battle tanks, armoured combat vehicles, artillery, combat aircraft and combat helicopters.
2. Each State Party shall also carry out the other measures set forth in this Treaty designed to ensure security and stability.
3. Conventional armaments and equipment of a State Party in the categories limited by the Treaty shall only be present on the territory of another State Party in conformity with international law, the explicit consent of the host State Party, or a relevant resolution of the United Nations Security Council. Explicit consent must be provided in advance, and must continue to be in effect as provided for in Article XIII, paragraph 1 bis.
4. This Treaty incorporates the Protocol on Existing Types of Conventional Armaments and Equipment, hereinafter referred to as the Protocol on Existing Types, with an Annex thereto; the Protocol on National Ceilings for Conventional Armaments and Equipment Limited by the Treaty on Conventional Armed Forces in Europe, hereinafter referred to as the Protocol on National Ceilings; the Protocol on Territorial Ceilings for Conventional Armaments and Equipment Limited by the Treaty on Conventional Armed Forces in Europe, hereinafter referred to as the Protocol on Territorial Ceilings; the Protocol on Procedures Governing the Reclassification of Specific Models or Versions of Combat-Capable Trainer Aircraft into Unarmed Trainer Aircraft, hereinafter referred to as the Protocol on Aircraft Reclassification; the Protocol on Procedures Governing the Reduction of Conventional Armaments and Equipment Limited by the Treaty on Conventional Armed Forces in Europe, hereinafter referred to as the Protocol on Reduction; the Protocol on Procedures Governing the Categorisation of Combat Helicopters and the Recategorisation of Multi-purpose Attack Helicopters, hereinafter referred to as the Protocol on Helicopter Recategorisation; the Protocol on Notification and Exchange of Information, hereinafter referred to as the Protocol on Information Exchange, with an Annex on the Format for the Exchange of Information, hereinafter referred to as the Annex on Format; the Protocol on Inspection; and the Protocol on the Joint Consultative Group.
Each of these documents constitutes an integral part of this Treaty."
Article 3
1. In Article II of the Treaty, paragraph 1, subparagraphs (A) and (G) shall be deleted.
2. In Article II of the Treaty, paragraph 1, subparagraph (B) shall be deleted and replaced by the following:
"(B) The term "area of application" means the entire land territory of the States Parties in Europe from the Atlantic Ocean to the Ural Mountains, which includes all the European island territories of the States Parties, including the Faroe Islands of the Kingdom of Denmark, Svalbard including Bear Island of the Kingdom of Norway, the islands of Azores and Madeira of the Portuguese Republic, the Canary Islands of the Kingdom of Spain and Franz Josef Land and Novaya Zemlya of the Russian Federation.
In the case of the Republic of Kazakhstan and the Russian Federation, the area of application includes all territory lying west of the Ural River and the Caspian Sea.
In the case of the Republic of Turkey, the area of application includes the territory of the Republic of Turkey north and west of a line extending from the point of intersection of the Turkish border with the 39th parallel to Muradiye, Patnos, Karayazi, Tekman, Kemaliye, Feke, Ceyhan, Dogankent, Gözne and thence to the sea."
3. In Article II of the Treaty, paragraph 1, subparagraph (H) shall be deleted and replaced by the following:
"(H) The term "designated permanent storage site" means a place with a clearly defined physical boundary containing conventional armaments and equipment limited by the Treaty which are counted within national ceilings but which are not subject to limitations on conventional armaments and equipment limited by the Treaty in active units."
4. In Article II of the Treaty, paragraph 1, subparagraph (J) shall be deleted and replaced by the following:
"(J) The term "conventional armaments and equipment limited by the Treaty" means battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters subject to the numerical limitations set forth in Articles IV, V, VII, the Protocol on National Ceilings and the Protocol on Territorial Ceilings."
5. In Article II of the Treaty, paragraph 1, subparagraph (U) shall be deleted and replaced by the following:
"(U) The term "reduction liability" means the number in each category of conventional armaments and equipment limited by the Treaty that a State Party commits itself to reduce pursuant to the provisions of the Treaty, in order to ensure compliance with Article IV."
Article 4
In Article III of the Treaty, paragraph 1 shall be deleted and replaced by the following:
"1.For the purposes of this Treaty, the States Parties shall apply the following counting rules:
All battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters, as defined in Article II, within the area of application shall be subject to the numerical limitations and other provisions set forth in Articles IV, V[, ]VII, and in the Protocol on National Ceilings and the Protocol on Territorial Ceilings, with the exception of those which in a manner consistent with a State Party's normal practices:
(A) Are in the process of manufacture, including manufacturing-related testing;
(B) Are used exclusively for the purposes of research and development;
(C) Belong to historical collections;
(D) Are awaiting disposal, having been decommissioned from service in accordance with the provisions of Article IX;
(E) Are awaiting, or being refurbished for, export or re-export and are temporarily retained within the area of application. Such battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters shall be located elsewhere than at sites declared under the terms of Section V of the Protocol on Information Exchange or at no more than 10 such declared sites which shall have been notified in the previous year's annual information exchange. In the latter case, they shall be separately distinguishable from conventional armaments and equipment limited by the Treaty;
(F) Are, in the case of armoured personnel carriers, armoured infantry fighting vehicles (AIFVs), heavy armament combat vehicles (HACVs) or multi-purpose attack helicopters, held by organisations designed and structured to perform in peacetime internal security functions; or
(G) Are in transit through the area of application from a location outside the area of application to a final destination outside the area of application, and are in the area of application for no longer than a total of seven days."
Article 5
Article IV of the Treaty shall be deleted and replaced by the following:
"Article IV
1. Within the area of application, each State Party shall limit and, as necessary, reduce its battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters so that the numbers do not exceed the national ceiling, the subceiling for active units and the subceiling for sub-categories established in accordance with this Article and the Protocol on National Ceilings for that State Party. The subceiling for active units shall establish the maximum number of battle tanks, armoured combat vehicles and pieces of artillery that a State Party may hold in active units within the area of application. The subceiling for active units shall be equal to the national ceiling unless otherwise specified by the Protocol on National Ceilings. Any battle tanks, armoured combat vehicles and pieces of artillery under a national ceiling in any category in excess of the corresponding subceiling for active units shall be located in designated permanent storage sites. The subceiling for sub-categories shall establish the maximum aggregate number of armoured infantry fighting vehicles and heavy armament combat vehicles and the maximum number of heavy armament combat vehicles that a State Party may hold within the area of application in the category of armoured combat vehicles.
2. Within the area of application all conventional armaments and equipment in the categories limited by the Treaty: shall be accounted for and controlled by a State Party; shall, in accordance with the provisions in Article III, be counted against the national ceiling of a State Party; shall in the area of application be transferred only to other States Parties as provided for in this Treaty; and shall be subject to the provisions of the Protocol on Information Exchange. In the case that a State Party is unable to exercise its authority in this respect, any State Party can raise the matter in accordance with the provisions in Article XVI and Article XXI with a view to addressing the situation and ensuring full observance of Treaty provisions with respect to such conventional armaments and equipment in the categories limited by the Treaty. The inability of a State Party to exercise its authority in respect of the above mentioned conventional armaments and equipment in the categories limited by the Treaty shall not in itself release a State Party from any Treaty obligations.
3. Each State Party shall have the right to change its national ceiling, its subceiling for active units and its subceiling for sub-categories as follows:
(A) Each State Party shall have the right, in accordance with paragraphs 4 and 6 of this Article, to increase its national ceiling, its subceiling for active units and its subceiling for sub-categories in any category or sub-category of conventional armaments and equipment limited by the Treaty. Any such increase shall be preceded or accompanied by a corresponding decrease in the national ceiling, the subceiling for active units or the subceiling for sub-categories of one or more other States Parties in the same category or sub-category, except as provided for in paragraph 6 of this Article. The State Party or States Parties undertaking the corresponding decrease in their national ceiling, subceiling for active units or subceiling for sub-categories shall notify all States Parties of their consent to the corresponding increase in the national ceiling, subceiling for active units or subceiling for sub-categories of another State Party. No national ceiling for a State Party with territory in the area of application shall exceed that State Party's territorial ceiling in the same category of conventional armaments and equipment limited by the Treaty.
(B) Each State Party shall have the right to decrease unilaterally its national ceiling, subceiling for active units or subceiling for sub-categories in any category or sub-category of conventional armaments and equipment limited by the Treaty. A unilateral decrease in the national ceiling, subceiling for active units or subceiling for sub-categories of a State Party shall by itself confer no right on any other State Party to increase its national ceiling, subceiling for active units or subceiling for sub-categories.
4. Within each five-year period between conferences of States Parties held in accordance with Article XXI, paragraph 1, each State Party shall have the right to increase its national ceiling or subceiling for active units:
(A) In the categories of battle tanks, armoured combat vehicles and artillery by no more than 40 battle tanks, 60 armoured combat vehicles and 20 pieces of artillery or 20 percent of the national ceiling established for that State Party in the Protocol on National Ceilings for battle tanks, armoured combat vehicles and artillery, whichever is greater, but in no case exceeding 150 battle tanks, 250 armoured combat vehicles and 100 pieces of artillery;
(B) In the categories of combat aircraft and attack helicopters by no more than 30 combat aircraft and 25 attack helicopters.
Each State Party shall have the right to increase its national ceiling or subceiling for active unit in excess of the levels set forth in paragraph 4, subparagraphs (A) and (B) above, subject to the consent of all other States Parties.
5.A State Party intending to change its national ceiling, subceiling for active units or subceiling for sub-categories shall provide notification to all other States Parties at least 90 days in advance of the date, specified in the notification, on which such a change is to take effect. For increases subject to the consent of all other States Parties, the change shall take effect on the date specified in the notification provided that no State Party, within 60 days of the notification, objects to the change and notifies its objection to all other States Parties. A national ceiling, a subceiling for active units or a subceiling for sub-categories shall remain in effect until a change to that ceiling or subceiling takes effect.
6. In addition to the provisions of paragraph 4, any State Party with a subceiling for active units lower than its national ceiling in the categories of battle tanks, armoured combat vehicles and artillery shall have the right to increase that subceiling, provided that:
(A) The increase in the subceiling for active units is accompanied by a decrease in its national ceiling in the same category of conventional armaments and equipment limited by the Treaty;
(B) For each battle tank, armoured combat vehicle or piece of artillery by which a State Party increases its subceiling for active units, that State Party will decrease its national ceiling by four in the same category of conventional armaments and equipment limited by the Treaty;
(C) The resultant subceiling for active units does not exceed the new national ceiling achieved through the decrease mandated by subparagraph (B) above."
Article 6
Article V of the Treaty shall be deleted and replaced by the following:
"Article V
1. Within the area of application, as defined in Article II, each State Party shall limit the total number of its battle tanks, armoured combat vehicles and artillery on its territory and of battle tanks, armoured combat vehicles and artillery of other States Parties that it permits to be present on its territory and each State Party shall limit its battle tanks, armoured combat vehicles and pieces of artillery present on the territory of other States Parties so that the overall numbers do not exceed the territorial ceilings and the territorial subceilings established in accordance with this Article and the Protocol on Territorial Ceilings, except as otherwise provided for in Article VII.
2. Battle tanks, armoured combat vehicles and artillery present on the territory of a State Party for an operation in support of peace conducted under and consistent with a resolution or a decision of the United Nations Security Council or the Organization for Security and Co-operation in Europe shall be exempt from that State Party's territorial ceiling or territorial subceiling. The duration of the presence of these battle tanks, armoured combat vehicles and artillery on the territory of a State Party shall be consistent with such a resolution or decision.
Battle tanks, armoured combat vehicles and artillery present on the territory of a State Party for an operation in support of peace pursuant to this paragraph shall be subject to notification in accordance with the Protocol on Information Exchange.
3. Battle tanks, armoured combat vehicles and artillery in transit shall be exempt from the territorial ceilings of transited States Parties and from territorial subceilings without prejudice to the exemption from counting rules under Article III, paragraph 1, subparagraph (G), provided that:
(A) Battle tanks, armoured combat vehicles and artillery in transit to a location within the area of application do not cause the territorial ceiling of the State Party of final destination to be exceeded, except as otherwise provided for in Article VII. For battle tanks, armoured combat vehicles and artillery in transit to a location outside the area of application there shall be no numerical limit;
(B) Battle tanks, armoured combat vehicles and artillery in transit do not remain on the territory of the transited States Parties in the area of application longer than a total of 42 days; and
(C) Battle tanks, armoured combat vehicles and artillery in transit do not remain on the territory of any single transited State Party, or on a territory with a territorial subceiling, in the area of application longer than 21 days.
Battle tanks, armoured combat vehicles and artillery in transit under this paragraph shall be subject to notification in accordance with Section XII of the Protocol on Information Exchange. Any State Party may request clarification in the Joint Consultative Group with regard to a notified transit. The States Parties involved shall respond within seven days of the request.
4. Each State Party shall have the right to change its territorial ceiling or territorial subceiling as follows:
(A) Each State Party shall have the right, in accordance with paragraph 5 of this Article, to increase its territorial ceiling or territorial subceiling for battle tanks, armoured combat vehicles and artillery in any category. Any such increase shall be preceded or accompanied by a corresponding decrease in the same category in the territorial ceiling or territorial subceiling of one or more other States Parties, subject to the provisions of the Protocol on Territorial Ceilings regarding relevant territorial ceilings and territorial subceilings. The State Party or States Parties undertaking the corresponding decrease in their territorial ceiling or territorial subceiling shall notify all States Parties of their consent to the corresponding increase in the territorial ceiling or territorial subceiling of another State Party.
(B) Each State Party shall have the right to decrease unilaterally its territorial ceiling or territorial subceiling for battle tanks, armoured combat vehicles and artillery in any category; however, no territorial ceiling in any category shall be at any time lower than the corresponding national ceiling. A unilateral decrease in the territorial ceiling or territorial subceiling of a State Party shall by itself confer no right on any other State Party to increase its territorial ceiling or territorial subceiling. Any decrease in a national ceiling under the provisions of Article IV, paragraph 6, shall result in a decrease of the corresponding territorial ceiling by an amount equal to the decrease in the national ceiling.
5. Subject to the provisions above, within each five-year period between conferences of States Parties held in accordance with Article XXI, paragraph 1, each State Party shall have the right to increase its territorial ceiling or territorial subceiling by no more than 40 battle tanks, 60 armoured combat vehicles and 20 pieces of artillery or 20 percent of the territorial ceiling or territorial subceiling established for that State Party in the Protocol on Territorial Ceilings for battle tanks, armoured combat vehicles and artillery, whichever is greater, but in no case not exceeding 150 battle tanks, 250 armoured combat vehicles and 100 pieces of artillery.
Each State Party shall have the right to increase its territorial ceiling or territorial subceiling in excess of the levels set forth in this paragraph, subject to the consent of all other States Parties.
6. A State Party intending to change its territorial ceiling or territorial subceiling in any category shall provide notification to all other States Parties at least 90 days in advance of the date, specified in the notification, on which such a change is to take effect. For increases subject to the consent of all other States Parties, the change shall take effect on the date specified in the notification provided that no State Party, within 60 days of the notification, objects to the change and notifies its objection to all other States Parties. A territorial ceiling, a subceiling for active units or a territorial subceiling for subcategories shall remain in effect until a change to that ceiling or subceiling takes effect."
Article 7
Article VI of the Treaty shall be deleted.
Article 8
Article VII of the Treaty shall be deleted and replaced by the following:
"Article VII
1. Each State Party shall have the right to exceed on a temporary basis, for military exercises and temporary deployments, the territorial ceilings and territorial subceilings established in the Protocol on Territorial Ceilings, subject to the provisions of this Article.
(A) Military exercises:
(1) Each State Party shall have the right to host on its territory military exercises which cause its territorial ceiling to be exceeded, and, for States Parties with a territorial subceiling, to conduct or host exercises which cause its territorial subceiling to be exceeded in accordance with the Protocol on Territorial Ceilings;
(2) The number of battle tanks, armoured combat vehicles and pieces of artillery present on the territory of a State Party in excess of its territorial ceiling or territorial subceiling for a military exercise, alone or in combination with any other military exercise or any temporary deployment on that territory, shall not exceed the number of battle tanks, armoured combat vehicles and pieces of artillery specified for each State Party in subparagraph (B), sub-subparagraph (1), of this paragraph and in the Protocol on Territorial Ceilings;
(3) A military exercise or successive military exercises notified in accordance with the Protocol on Information Exchange, that result in a territorial ceiling or a territorial subceiling being exceeded for more than 42 days shall thereafter be considered a temporary deployment as long as the territorial ceiling or territorial subceiling continues to be exceeded.
(B) Temporary deployments:
(1) Each State Party shall have the right to host on its territory temporary deployments in excess of its territorial ceiling, and, for States Parties with a territorial subceiling, to conduct or host temporary deployments in excess of their territorial subceiling. For this purpose, territorial ceilings and territorial subceilings may be exceeded, on a temporary basis, by no more than 153 battle tanks, 241 armoured combat vehicles and 140 pieces of artillery, unless otherwise set forth in the relevant provisions of the Protocol on Territorial Ceilings. In exceptional circumstances and unless otherwise set forth in the relevant provisions of the Protocol on Territorial Ceilings, a territorial ceiling may be exceeded, on a temporary basis, by no more than 459 battle tanks, 723 armoured combat vehicles and 420 pieces of artillery.
(2) Upon notification of a temporary deployment exceeding a territorial ceiling by more than 153 battle tanks, 241 armoured combat vehicles, and 140 pieces of artillery, the Depositary shall convene a conference of the States Parties in accordance with Article XXI, paragraph 1 bis.
2. Should a military exercise, in conjunction with a temporary deployment taking place simultaneously on the territory of the same State Party, cause the territorial ceiling to be exceeded by more than 153 battle tanks, 241 armoured combat vehicles or 140 pieces of artillery, any State Party shall have the right to request the Depositary to convene a conference of the States Parties in accordance with Article XXI, paragraph 1 bis.
For exercises and temporary deployments pursuant to paragraph 1, subparagraphs (A) and (B), of this Article, an explanatory report shall be provided to the Joint Consultative Group by the States Parties involved. In the case of temporary deployments, the report shall be submitted as soon as possible and in any case no later than the notification foreseen in Section XVIII, paragraph 4, subparagraph (A), sub-subparagraph (2), and subparagraph (B), sub-subparagraph (2), of the Protocol on Information Exchange. Subsequent updates shall be provided every two months until the territorial ceiling or the territorial subceiling is no longer exceeded."
Article 9
Article VIII of the Treaty shall be deleted and replaced by the following:
"Article VIII
1. Any battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters in excess of the numerical limitations set forth in Article IV and in the Protocol on National Ceilings shall be eliminated only by means of reduction in accordance with the Protocol on Reduction, the Protocol on Helicopter Recategorisation, the Protocol on Aircraft Reclassification, the footnote to Section I, paragraph 2, subparagraph (A), of the Protocol on Existing Types and the Protocol on Inspection. In the case of accession, any reductions by the acceding State as well as the time limit within which they shall be carried out shall be specified in accordance with the provisions of the Agreement on Accessionaccession agreement.
2. The categories of conventional armaments and equipment subject to reductions are battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters. The specific types are listed in the Protocol on Existing Types.
(A) Battle tanks and armoured combat vehicles shall be reduced by destruction, conversion for non-military purposes, placement on static display, use as ground targets, or, in the case of armoured personnel carriers, modification in accordance with the footnote to Section 1, paragraph 2, subparagraph (A), of the Protocol on Existing Types.
(B) Artillery shall be reduced by destruction or placement on static display, or, in the case of self-propelled artillery, by use as ground targets.
(C) Combat aircraft shall be reduced by destruction, placement on static display, use for ground instructional purposes, or, in the case of specific models or versions of combat-capable trainer aircraft, reclassification into unarmed trainer aircraft.
(D) Specialised attack helicopters shall be reduced by destruction, placement on static display, or use for ground instructional purposes.
(E) Multi-purpose attack helicopters shall be reduced by destruction, placement on static display, use for ground instructional purposes, or recategorisation.
3. Conventional armaments and equipment limited by the Treaty shall be deemed to be reduced upon execution of the procedures set forth in the Protocols listed in paragraph 1 of this Article and upon notification as required by these Protocols. Armaments and equipment so reduced shall no longer be counted against the numerical limitations set forth in Articles IV, V, the Protocol on National Ceilings and the Protocol on Territorial Ceilings.
4. Reduction of conventional armaments and equipment limited by the Treaty shall be carried out at reduction sites, unless otherwise specified in the Protocols listed in paragraph 1 of this Article, within the area of application. Each State Party shall have the right to designate as many reduction sites as it wishes, to revise without restriction its designation of such sites and to carry out reduction and final conversion simultaneously at a maximum of 20 sites. States Parties shall have the right to share or co-locate reduction sites by mutual agreement.
5. Any reductions, including the results of the conversion of conventional armaments and equipment limited by the Treaty for non-military purposes, shall be subject to inspection, without right of refusal, in accordance with the Protocol on Inspection."
Article 10
Article IX of the Treaty shall be deleted and replaced by the following:
"Article IX
1. In the case of removal from service by decommissioning of battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters, within the area of application:
(A) Such conventional armaments and equipment limited by the Treaty shall be decommissioned and awaiting disposal at no more than eight sites which shall be notified as declared sites in accordance with the Protocol on Information Exchange and shall be identified in such notifications as holding areas for decommissioned conventional armaments and equipment limited by the Treaty. If sites containing conventional armaments and equipment limited by the Treaty decommissioned from service also contain any other conventional armaments and equipment subject to the Treaty, the decommissioned conventional armaments and equipment limited by the Treaty shall be separately distinguishable; and
(B) The numbers of such decommissioned conventional armaments and equipment limited by the Treaty shall not exceed, in the case of any individual State Party, one percent of its notified holdings of conventional armaments and equipment limited by the Treaty, or a total of 250, whichever is greater, of which no more than 200 shall be battle tanks, armoured combat vehicles and pieces of artillery, and no more than 50 shall be attack helicopters and combat aircraft.
2. otification of decommissioning shall include the number and type of conventional armaments and equipment limited by the Treaty decommissioned and the location of decommissioning and shall be provided to all other States Parties in accordance with Section X, paragraph 1, subparagraph (B), of the Protocol on Information Exchange."
Article 11
1. In Article X of the Treaty, paragraph 4 shall be deleted and replaced by the following:
"4. Conventional armaments and equipment limited by the Treaty located within designated permanent storage sites shall be counted as conventional armaments and equipment limited by the Treaty not in active units, including when they are temporarily removed in accordance with paragraphs 7, 8 and 10 of this Article.
Conventional armaments and equipment limited by the Treaty in storage other than in designated permanent storage sites shall be counted as conventional armaments and equipment limited by the Treaty in active units."
2. In Article X of the Treaty, paragraph 9 shall be deleted.
3. In Article X of the Treaty, paragraph 10 shall be deleted and replaced by the following:
"10. Conventional armaments and equipment limited by the Treaty removed from designated permanent storage sites pursuant to paragraph 8 of this Article shall be returned to designated permanent storage sites no later than 42 days after their removal, except for those items of conventional armaments and equipment limited by the Treaty removed for industrial rebuild.
Such items shall be returned to designated permanent storage sites immediately on completion of the rebuild."
Article 12
Article XI of the Treaty shall be deleted.
Article 13
Article XII of the Treaty shall be deleted and replaced by the following:
"Article XII
1. Armoured infantry fighting vehicles held by organisations of a State Party designed and structured to perform in peacetime internal security functions are not limited by this Treaty.
2. The foregoing notwithstanding, in order to enhance the implementation of this Treaty and to provide assurance that the number of such armaments held by such organisations of a State Party shall not be used to circumvent the provisions of this Treaty, any such armaments in excess of the levels set forth in subparagraphs (A), (B) or (C) of this paragraph, whichever is greater, shall constitute a portion of the permitted levels in the category of armoured combat vehicles, as established in Articles IV and V and in the Protocol on National Ceilings and the Protocol on Territorial Ceilings, and changed in accordance with Articles IV and V:
(A) Holdings of armoured infantry fighting vehicles held, within the area of application, by organisations designed and structured to perform in peacetime internal security functions, present on the territory of the eachState Party as notified pursuant to the information exchange effective as of 19 November 1990; or
(B) Five percent of the national ceiling established for the eachState Party in the Protocol on National Ceilings in the category of armoured combat vehicles, as changed in accordance with Article IV; or
(C) 100 such armoured infantry fighting vehicles.
In the case of acceding States, the numbers shall be established in the accession agreement Agreement on Accession.
3. Each State Party shall further ensure that organisations designed and structured to perform in peacetime internal security functions refrain from the acquisition of combat capabilities in excess of those necessary for meeting internal security requirements.
4. A State Party that intends to reassign battle tanks, artillery, armoured infantry fighting vehicles, combat aircraft and attack helicopters in service with its conventional armed forces to any organisation of that State Party not a part of its conventional armed forces shall notify all other States Parties no later than the date such reassignment takes effect.
Such notification shall specify the effective date of the reassignment, the date such equipment is physically transferred, as well as the numbers, by type, of the conventional armaments and equipment limited by the Treaty being reassigned."
Article 14
1. In Article XIII of the Treaty, paragraph 1 shall be deleted and replaced by the following:
"1. For the purpose of ensuring verification of compliance with the provisions of this Treaty, each State Party shall provide notifications and exchange information pertaining to its conventional armaments and equipment and to the conventional armaments and equipment of other States Parties that it permits to be present on its territory, in accordance with the Protocol on Information Exchange."
2. In Article XIII of the Treaty, the following paragraph 1 bis shall be added:
"1. bis The presence of conventional armaments and equipment of a State Party on the territory of another State Party as set forth in Article V, paragraph 1, for transit as set forth in Article V, paragraph 3, for military exercises as set forth in Article VII, paragraph 1, subparagraph (A), and for temporary deployment as set forth in Article VII, paragraph 1, subparagraph (B), shall be in accordance with Article I, paragraph 3. Consent of the host State Party shall be reflected through the appropriate notifications in accordance with the Protocol on Information Exchange."
Article 15
Article XIV of the Treaty shall be deleted and replaced by the following:
"Article XIV
1. For the purpose of ensuring verification of compliance with the provisions of this Treaty, each State Party shall have the right to conduct, and the obligation to accept, within the area of application, inspections in accordance with the provisions of the Protocol on Inspection.
2. The purpose of such inspections shall be:
(A) To verify, on the basis of the information provided pursuant to the Protocol on Information Exchange, the compliance of States Parties with the numerical limitations set forth in Articles IV, V, and VII, the Protocol on National Ceilings and the Protocol on Territorial Ceilings;
(B) To monitor any reductions of battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters carried out at reduction sites in accordance with Article VIII and the Protocol on Reduction;
(C) To monitor the certification of recategorised multi-purpose attack helicopters and reclassified combat-capable trainer aircraft carried out in accordance with the Protocol on Helicopter Recategorisation and the Protocol on Aircraft Reclassification, respectively.
3. No State Party shall exercise the rights set forth in paragraphs 1 and 2 of this Article in order to elude the objectives of the verification regime.
4. In the case of an inspection conducted jointly by more than one State Party, one of them shall be responsible for the execution of the provisions of this Treaty.
5.The number of inspections pursuant to Sections VII and VIII of the Protocol on Inspection which each State Party shall have the right to conduct and the obligation to accept during each specified time period shall be determined in accordance with the provisions of Section II of that Protocol.
6. The number of inspections, pursuant to Section IX of the Protocol on Inspection, that each State Party shall have the right to conduct and the State Party whose territorial ceiling or territorial subceiling is temporarily exceeded shall have the obligation to accept shall be determined in accordance with the provisions of that Section.
7. Each State Party which carries out disposal of conventional armaments and equipment limited by the Treaty in excess of reduction liabilities shall provide for confirmation of the results of the disposal either by inviting an observation team or through the use of cooperative measures, in accordance with the provisions of Section XII of the Protocol on Inspection."
Article 16
In Article XVI of the Treaty, paragraph 2 shall be deleted and replaced by the following:
"2. Within the framework of the Joint Consultative Group, the States Parties shall:
(A) Address questions relating to compliance with or possible circumvention of the provisions of this Treaty;
(B) Seek to resolve ambiguities and differences of interpretation that may become apparent in the way this Treaty is implemented;
(C) Consider and, if possible, agree on measures to enhance the viability and effectiveness of this Treaty;
(D) Address, upon the request of any State Party, questions concerning the intention of any State Party to revise its national ceiling upwards under Article IV, paragraph 4, or its territorial ceiling under Article V, paragraph 5;
(E) Receive and consider the explanatory report, and any subsequent updates, provided in accordance with Article VII, paragraph 2;
(F) Update the lists contained in the Protocol on Existing Types, as required by Article II, paragraph 2;
(G) Consider measures of cooperation to enhance the verification regime of the Treaty, including through the appropriate utilisation of results of aerial inspections;
(HH) Resolve technical questions in order to seek common practices among the States Parties in the way this Treaty is implemented;
(II) 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 convened under this Treaty and the distribution of costs of inspections between or among States Parties;
(JJ) Consider and work out appropriate measures to ensure that information obtained through exchanges of information among the States Parties or as a result of inspections pursuant to this Treaty is used solely for the purposes of this Treaty, taking into account the particular requirements of each State Party in respect of safeguarding information which that State Party specifies as being sensitive;
(KK) Consider, upon the request of any State Party, any matter that a State Party wishes to propose for examination by any conference to be convened in accordance with Article XXI; such consideration shall not prejudice the right of any State Party to resort to the procedures set forth in Article XXI;
(LL) Consider any request to accede to this Treaty, pursuant to Article XVIII, by acting as the body through which the States Parties may establish, and recommend approval of, the terms under which a requesting State accedes to the Treaty;
(MM) Conduct any future negotiations, if the States Parties so decide; and
(N) Consider matters of dispute arising out of the implementation of this Treaty."
Article 17
Article XVII of the Treaty shall be deleted and replaced by the following:
"Article XVII
The States Parties shall transmit information and notifications required by this Treaty in written form.
They shall use diplomatic channels or other official channels designated by them, including and in particular, the OSCE Communications Network."
Article 18
Article XVIII of the Treaty shall be deleted and replaced by the following:
"Article XVIII
1. Any participating State of the Organization for Security and Co-operation in Europe whose land territory lies in Europe within the geographic area between the Atlantic Ocean and the Ural Mountains may submit to the Depositary a written request to accede to this Treaty.
2. The requesting State shall include in its request the following information:
(A) The designation of its existing types of conventional armaments and equipment;
(B) Its proposed national and territorial ceilings and the related subceilings for each category of armaments and equipment limited by the Treaty; and
(C) Any other information deemed relevant by the requesting State.
3. The Depositary shall notify all States Parties of the request and of the information provided by the requesting State.
4. The requesting State may modify or supplement this information. Any State Party may request additional information.
5. States Parties shall, beginning no later than 21 days after the notification pursuant to paragraph 3 of this Article, hold meetings of the Joint Consultative Group at which the States Parties shall address the request, conduct negotiations and establish the terms for accession. The requesting State may be invited to attend meetings of the Joint Consultative Group if the States Parties so decide.
6. Each request shall be considered individually by the States Parties in an expeditious manner. Any decision shall be taken by consensus.
7. The agreed terms for accession shall be enshrined in an Agreement on Accession between the States Parties and the requesting State, which shall be circulated to all States Parties and the requesting State by the Depositary and deposited in the archives of the Depositary.
8. Upon the receipt of confirmation of approval of the Agreement on Accession by all States Parties, the Depositary shall so inform all States Parties and the requesting State. The requesting State may then, subject to ratification in accordance with its constitutional procedures, submit an instrument of accession to the Treaty that shall acknowledge the terms and conditions of the Agreement on Accession.
9. This Treaty shall enter into force for the requesting State 10 days after the deposit of its instrument of accession to the Treaty with the Depositary, at which time the requesting State shall become a State Party to the Treaty."
Article 19
In Article XXI of the Treaty, paragraphs 1 and 2 shall be deleted and replaced by the following:
"1. Forty-six months after entry into force of this Treaty, and at five-year intervals thereafter, the Depositary shall convene a conference of the States Parties to conduct a review of the operation of this Treaty, to include, inter alia, a review of the operation and the levels of national ceilings, territorial ceilings and territorial subceilings, and related commitments, together with other Treaty elements, taking into account the need to ensure that the security of no State Party is diminished.
1. bis Upon notification of a temporary deployment exceeding a territorial ceiling by more than 153 battle tanks, 241 armoured combat vehicles, or 140 pieces of artillery, or upon request by a State Party pursuant to Article VII, paragraph 2, the Depositary shall convene a conference of the States Parties at which the hosting and deploying States Parties shall explain the nature of the circumstances which have given rise to the temporary deployment. The conference shall be convened without delay but no later than seven days after the notification and shall continue for up to 48 hours unless otherwise agreed by all States Parties. The Chairman of the Joint Consultative Group shall inform the Permanent Council and the Forum for Security Co-operation of the Organization for Security and Co-operation in Europe of the situation.
2. The Depositary shall convene an extraordinary conference of the States Parties if requested to do so by any State Party which considers that exceptional circumstances relating to this Treaty have arisen. In order to enable the other States Parties to prepare for this conference, the request shall include the reason why that State Party deems an extraordinary conference to be necessary. The conference shall consider the circumstances set forth in the request and their effect on the operation of this Treaty. The conference shall open no later than 15 days after receipt of the request and, unless it decides otherwise, shall last no longer than three weeks."
Article 20
1. In Article XXII of the Treaty, paragraph 1 shall be deleted and replaced by the following:
"1. This Treaty shall be subject to ratification by each State Party in accordance with its constitutional procedures; it shall be open for accession by new States pursuant to Article XVIII. Instruments of ratification and, in the case of accession, instruments of accession shall be deposited with the Government of the Kingdom of the Netherlands, hereby designated the Depositary."
2. In Article XXII of the Treaty, paragraph 3 shall be deleted and replaced by the following:
"3. The Depositary shall promptly inform all States Parties of:
(A) The deposit of each instrument of ratification or accession;
(B) The entry into force of this Treaty;
(C) Any withdrawal in accordance with Article XIX and its effective date;
(D) The text of any amendment proposed in accordance with Article XX;
(E) The entry into force of any amendment to this Treaty;
(F) Any request to accede to the Treaty pursuant to Article XVIII;
(G) Any request to convene a conference in accordance with Article XXI;
(H) The convening of a conference pursuant to Article XXI; and
(I) Any other matter of which the Depositary is required by this Treaty to inform the States Parties."
Article 21
The following Protocol on National Ceilings for Conventional Armaments and Equipment Limited by the Treaty on Conventional Armed Forces in Europe shall be added:
"PROTOCOL ON NATIONAL CEILINGS FOR CONVENTIONAL ARMAMENTS AND EQUIPMENT LIMITED BY THE TREATY ON CONVENTIONAL ARMED FORCES IN EUROPE
The States Parties hereby agree upon the following national ceilings, subceilings for active units and subceilings for sub-categories pursuant to Article IV of the Treaty.
State Party | Battle tanks | Armoured combat vehicles | Pieces of artillery | Combat aircraft | Attack Helicopters | ||
|
| Total | of which AIFVs and HACVs | of which HACVs |
|
|
|
The Republic of Armenia | 220 | 220 | 135 | 11 | 285 | 100 | 50 |
The Republic of Azerbaijan | 220 | 220 | 135 | 11 | 285 | 100 | 50 |
The Republic of Belarus(1) | 1,800 | 2,600 | 1,590 | 130 | 1,615 | 294 | 80 |
The Kingdom of Belgium | 300 | 989 | 600 | 237 | 288 | 209 | 46 |
The Republic of Bulgaria | 1,475 | 2,000 | 1,100 | 100 | 1,750 | 235 | 67 |
Canada | 77 | 263 | 263 | 0 | 32 | 90 | 13 |
The Czech Republic(2) | 957 | 1,367 | 954 | 69 | 767 | 230 | 50 |
The Kingdom of Denmark | 335 | 336 | 210 | 17 | 446 | 82 | 18 |
The French Republic | 1,226 | 3,700 | 1,983 | 535 | 1,192 | 800 | 374 |
Georgia | 220 | 220 | 135 | 11 | 285 | 100 | 50 |
The Federal Republic of Germany | 3,444 | 3,281 | 3,281 | 80 | 2,255 | 765 | 280 |
The Hellenic Republic | 1,735 | 2,498 | 1,599 | 70 | 1,920 | 650 | 65 |
The Republic of Hungary(3) | 835 | 1,700 | 1,020 | 85 | 840 | 180 | 108 |
The Republic of Iceland | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
The Italian Republic | 1,267 | 3,172 | 1,970 | 0 | 1,818 | 618 | 142 |
The Republic of Kazakhstan | 50 | 200 | 0 | 0 | 100 | 15 | 20 |
The Grand Duchy of Luxembourg | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
The Republic of Moldova | 210 | 210 | 130 | 10 | 250 | 50 | 50 |
The Kingdom of the Netherlands | 520 | 864 | 718 | 0 | 485 | 230 | 50 |
The Kingdom of Norway | 170 | 275 | 181 | 0 | 491 | 100 | 24 |
The Republic of Poland(4) | 1,730 | 2,150 | 1,700 | 107 | 1,610 | 460 | 130 |
The Portuguese Republic | 300 | 430 | 267 | 77 | 450 | 160 | 26 |
Romania | 1,375 | 2,100 | 552 | 72 | 1,475 | 430 | 120 |
The Russian Federation(5) | 6,350 | 11,280 | 7,030 | 574 | 6,315 | 3,416 | 855 |
The Slovak Republic(6) | 478 | 683 | 476 | 34 | 383 | 100 | 40 |
The Kingdom of Spain | 750 | 1,588 | 1,228 | 191 | 1,276 | 310 | 80 |
The Republic of Turkey | 2,795 | 3,120 | 1,993 | 93 | 3,523 | 750 | 130 |
Ukraine(7) | 4,080 | 5,050 | 3,095 | 253 | 4,040 | 1,090 | 330 |
The United Kingdom of Great Britain and Northern Ireland | 843 | 3,017 | 1,335 | 200 | 583 | 855 | 350 |
The United States of America | 1,812 | 3,037 | 2,372 | 0 | 1,553 | 784 | 396 |
(1) Of which no more than 1,525 battle tanks, 2,175 armoured combat vehiclesACVs and 1,375 pieces of artillery in active units.
(2) Of which no more than 754 battle tanks, 1,223 armoured combat vehiclesACVs and 629 pieces of artillery in active units.
(3) Of which no more than 658 battle tanks, 1,522 armoured combat vehiclesACVs and 688 pieces of artillery in active units.
(4) Of which no more than 1,362 battle tanks, 1,924 armoured combat vehiclesACVs and 1,319 pieces of artillery in active units.
(5) Of which no more than 5,575 battle tanks and 5,505 pieces of artillery in active units.
(6) Of which no more than 376 battle tanks, 611 armoured combat vehiclesACVs and 314 pieces of artillery in active units.
(7) Of which no more than 3,130 battle tanks, 4,350 armoured combat vehiclesACVs and 3,240 pieces of artillery in active units."
Article 22
The following Protocol on Territorial Ceilings for Conventional Armaments and Equipment Limited by the Treaty on Conventional Armed Forces in Europe shall be added:
"PROTOCOL ON TERRITORIAL CEILINGS FOR CONVENTIONAL ARMAMENTS AND EQUIPMENT LIMITED BY THE TREATY ON CONVENTIONAL ARMED FORCES IN EUROPE
The States Parties hereby agree upon the following territorial ceilings and territorial subceilings pursuant to Article V of the Treaty.
State Party | Battle tanks | Armoured combat vehicles | Pieces of artillery |
The Republic of Armenia (3)(4) | 220 | 220 | 285 |
The Republic of Azerbaijan (3)(4) | 220 | 220 | 285 |
The Republic of Belarus (5) | 1,800 | 2,600 | 1,615 |
The Kingdom of Belgium (5) | 544 | 1,505 | 497 |
The Republic of Bulgaria (3)(4) | 1,475 | 2,000 | 1,750 |
The Czech Republic (5) | 957 | 1,367 | 767 |
The Kingdom of Denmark (5) | 335 | 336 | 446 |
The French Republic (5) | 1,306 | 3,820 | 1,292 |
Georgia (3)(4) | 220 | 220 | 285 |
The Federal Republic of Germany (5) | 4,704 | 6,772 | 3,407 |
The Hellenic Republic (3)(4) | 1,735 | 2,498 | 1,920 |
The Republic of Hungary (5) | 835 | 1,700 | 840 |
The Republic of Iceland (3)(4) | 0 | 0 | 0 |
The Italian Republic (5) | 1,642 | 3,805 | 2,062 |
The Republic of Kazakhstan (5) | 50 | 200 | 100 |
The Grand Duchy of Luxembourg (5) | 143 | 174 | 47 |
The Republic of Moldova (3)(4) | 210 | 210 | 250 |
The Kingdom of the Netherlands (5) | 809 | 1,220 | 651 |
The Kingdom of Norway (3)(4) | 170 | 282 | 557 |
The Republic of Poland (5) | 1,730 | 2,150 | 1,610 |
The Portuguese Republic (5) | 300 | 430 | 450 |
Romania (3)(4) | 1,375 | 2,100 | 1,475 |
The Russian Federation (5) - of which (1)(3)(4) | 6,350 1,300 | 11,280 2,140 | 6,315 1,680 |
The Slovak Republic (5) | 478 | 683 | 383 |
The Kingdom of Spain (5) | 891 | 2,047 | 1,370 |
The Republic of Turkey (3)(4) | 2,795 | 3,120 | 3,523 |
Ukraine (5) - of which (2)(3)(4) | 4,080 400 | 5,050 400 | 4,040 350 |
The United Kingdom of Great Britain and Northern Ireland(5) | 843 | 3,029 | 583 |
(1) In the Leningrad Military District, excluding the Pskov oblast;, and in the North Caucasus Military District, excluding: the Volgograd oblast; the Astrakhan oblast; that part of the Rostov oblast east of the line extending from Kushchevskaya to Volgodonsk to the Volgograd oblast border, including Volgodonsk; and Kushchevskaya and a narrow corridor in Krasnodar kray leading to Kushchevskaya. This territorial subceiling shall not be exceeded pursuant to Article VII for military exercises and temporary deployments in the category of armoured combat vehicles.
(2) In the Odessa oblast.
(3) Territorial ceilings or territorial subceilings States Parties which shall increase their territorial ceilings or territorial subceilings pursuant to Article V, paragraph 5, only in conjunction with a corresponding decrease, pursuant to Article V, paragraph 4, subparagraph (A), in the territorial ceilings or territorial subceilings of other States Parties, as identified by this footnote.
(4) Territorial ceilings or territorial subceilings States Parties which shall not exceeded their territorial ceilings or territorial subceilings pursuant to Article VII by more than 153 battle tanks, 241 armoured combat vehicles and 140 pieces of artillery.
(5) Territorial ceilings or territorial subceilings States Parties which shall not exceeded their territorial ceilings or territorial subceilings pursuant to Article VII by more than 459 battle tanks, 723 armoured combat vehicles and 420 pieces of artillery in excess of their territorial ceilings."
Article 23
In the Protocol on Procedures Governing the Reclassification of Specific Models or Versions of Combat-Capable Trainer Aircraft into Unarmed Trainer Aircraft:
1. In Section I, paragraphs 1 and 2 shall be deleted and replaced by the following:
"1. Each State Party shall have the right to remove from the numerical limitations on combat aircraft in Article IV of the Treaty and in the Protocol on National Ceilings only those specific models or versions of combat-capable trainer aircraft listed in Section II, paragraph 1, of this Protocol in accordance with the procedures set forth in this Protocol.
(A) Each State Party shall have the right to remove from the numerical limitations on combat aircraft in Article IV of the Treaty and in the Protocol on National Ceilings individual aircraft of the specific models or versions listed in Section II, paragraph 1, of this Protocol that have any of the components set forth in Section III, paragraphs 1 and 2, of this Protocol only by total disarming and certification.
(B) Each State Party shall have the right to remove from the numerical limitations on combat aircraft in Article IV of the Treaty and in the Protocol on National Ceilings individual aircraft of the specific models or versions listed in Section II, paragraph 1, of this Protocol that do not have any of the components set forth in Section III, paragraphs 1 and 2, of this Protocol by certification alone.
2. Models or versions of combat-capable trainer aircraft listed in Section II of this Protocol may be disarmed and certified, or certified alone, within 40 months after entry into force of the Treaty. Such aircraft shall count against the numerical limitations on combat aircraft in Article IV of the Treaty and in the Protocol on National Ceilings until such aircraft have been certified as unarmed in accordance with the procedures set forth in Section IV of this Protocol. Each State Party shall have the right to remove from the numerical limitations on combat aircraft in Article IV of the Treaty and in the Protocol on National Ceilings no more than 550 such aircraft, of which no more than 130 shall be of the MiG-25U model or version."
2. In Section II, paragraph 1 shall be deleted and replaced by the following:
"1. Each State Party shall have the right to remove from the numerical limitations on combat aircraft in Article IV of the Treaty and in the Protocol on National Ceilings in accordance with the provisions of this Protocol only the following specific models or versions of combat-capable trainer aircraft:
SU-15U
SU-17U
MiG-15U
MiG-21U
MiG-23U
MiG-25U
UIL-28"
3. Section IV shall be deleted and replaced by the following:
"SECTION IV. PROCEDURES FOR CERTIFICATION
1. Each State Party that intends to disarm and certify, or certify alone, models or versions of combat-capable trainer aircraft shall comply with the following certification procedures in order to ensure that such aircraft do not possess any of the components listed in Section III, paragraphs 1 and 2, of this Protocol.
2. Each State Party shall notify all other States Parties in accordance with Section X, paragraph 3, of the Protocol on Inspection of each certification. In the event of the first certification of an aircraft that does not require total disarming, the State Party that intends to conduct the certification shall provide to all other States Parties the information required in Section III, paragraph 3, subparagraphs (A), (B) and (C), of this Protocol for an armed model or version of the same aircraft type.
3. Each State Party shall have the right to inspect the certification of combat-capable trainer aircraft in accordance with Section X of the Protocol on Inspection.
4. The process of total disarming and certification, or certification alone, shall be deemed completed when the certification procedures set forth in this Section have been completed regardless of whether any State Party exercises the certification inspection rights described in paragraph 3 of this Section and Section X of the Protocol on Inspection, provided that within 30 days of receipt of the notification of completion of the certification and reclassification provided pursuant to paragraph 5 of this Section no State Party has notified all other States Parties that it considers that there is an ambiguity relating to the certification and reclassification process. In the event of such an ambiguity being raised, such reclassification shall not be deemed complete until the matter relating to the ambiguity is resolved.
5. The State Party conducting the certification shall notify all other States Parties in accordance with Section X of the Protocol on Inspection of completion of the certification.
6. Certification shall be conducted within the area of application. States Parties shall have the right to share locations for certification."
Article 24
In the Protocol on Procedures Governing the Reduction of Conventional Armaments and Equipment Limited by the Treaty on Conventional Armed Forces in Europe:
1. In Section VIII, paragraphs 2 and 10 shall be deleted and replaced by the following:
"2. Each State Party shall determine the number of battle tanks and armoured combat vehicles it will convert. This number shall not exceed:
(A) For battle tanks, 5.7 percent (not to exceed 750 battle tanks) of the national ceiling established for that State Party in the Protocol on National Ceilings, or 150 items, whichever is greater; and
(B) For armoured combat vehicles, 15 percent (not to exceed 3,000 armoured combat vehicles) of the national ceiling established for that State Party in the Protocol on National Ceilings, or 150 items, whichever is greater."
"10. If, having completed the procedures specified in paragraph 6 of this Section on a given vehicle, it is decided not to proceed with final conversion, then the vehicle shall be destroyed in accordance with the appropriate procedures set forth elsewhere in this Protocol."
2. In Section IX, paragraph 1 shall be deleted and replaced by the following:
"1. Each State Party shall have the right to reduce its reduction liability for each category of conventional armaments and equipment limited by the Treaty in the event of destruction by accident by an amount no greater than 1.5 percent of the national ceiling established for that State Party in the Protocol on National Ceilings in that category of conventional armaments and equipment limited by the Treaty."
3. In Section X, paragraph 2 shall be deleted and replaced by the following:
"2. No State Party shall use static display to reduce more than one percent of the national ceiling established for that State Party in the Protocol on National Ceilings in each category of conventional armaments and equipment limited by the Treaty, or eight items, whichever is the greater number."
4. In Section XI, paragraph 2 shall be deleted and replaced by the following:
"2. No State Party shall reduce by use as ground targets numbers of battle tanks or armoured combat vehicles greater than 2.5 percent of the national ceiling established for that State Party in the Protocol on National Ceilings in each of those two categories of conventional armaments and equipment limited by the Treaty. In addition, no State Party shall have the right to reduce by use as ground targets more than 50 self-propelled pieces of artillery."
5. In Section XII, paragraph 2 shall be deleted and replaced by the following:
"2. No State Party shall reduce by use for ground instructional purposes numbers of combat aircraft or attack helicopters greater than 5five percent of the national ceiling established for that State Party in the Protocol on National Ceilings in each of those two categories of conventional armaments and equipment limited by the Treaty."
Article 25
In the Protocol on Procedures Governing the Categorisation of Combat Helicopters and the Recategorisation of Multi-Purpose Attack Helicopters:
1. In Section 1I, paragraph 3 shall be deleted and replaced by the following:
"3. Notwithstanding the provisions in paragraph 2 of this Section, and as a unique exception to that paragraph, the Republic of Armenia, the Republic of Azerbaijan, the Republic of Belarus, Georgia, the Republic of Kazakhstan, the Republic of Moldova, the Russian Federation and Ukraine shall have the right to hold an aggregate total not to exceed 100 Mi-24R and Mi-24K helicopters equipped for reconnaissance, spotting, or chemical/biological/radiological sampling which shall not be subject to the limitations on attack helicopters in Article IV of the Treaty and in the Protocol on National Ceilings. Such helicopters shall be subject to exchange of information in accordance with the Protocol on Information Exchange and to internal inspections in accordance with Section VI, paragraph 33, of the Protocol on Inspection.
Mi-24R and Mi-24K helicopters in excess of the following limits:
Republic of Armenia: 4;
Republic of Azerbaijan: 4;
Republic of Belarus: 16;
Georgia: 4;
Republic of Kazakhstan: 0;
Republic of Moldova: 4;
Russian Federation: 50;
Ukraine: 18,
shall be categorised as specialised attack helicopters regardless of how they are equipped and shall count against the limitations on attack helicopters in Article IV of the Treaty and in the Protocol on National Ceilings. The provisions of Article IV, paragraph 3, and Article IV, paragraph 5, of the Treaty shall apply, mutatis mutandis, in respect of any changes to the above limits."
2. Section IV shall be deleted and replaced by the following:
"SECTION IV. PROCEDURES FOR CERTIFICATION
1. Each State Party that is recategorising multi-purpose attack helicopters shall comply with the following certification procedures, in order to ensure that such helicopters do not possess any of the features listed in Section III, paragraph 1 of this Protocol.
2. Each State Party shall notify all other States Parties of each certification in accordance with Section X, paragraph 3, of the Protocol on Inspection.
3. Each State Party shall have the right to inspect the certification of helicopters in accordance with Section X of the Protocol on Inspection.
4. The process of recategorisation shall be deemed complete when the certification procedures set forth in this Section have been completed regardless of whether any State Party exercises the certification inspection rights described in paragraph 3 of this Section and Section X of the Protocol on Inspection, provided that within 30 days of receipt of the notification of completion of the certification and recategorisation provided pursuant to paragraph 5 of this Section no State Party has notified all other States Parties that it considers that there is an ambiguity relating to the certification and recategorisation process. In the event of such an ambiguity being raised, such recategorisation shall not be deemed complete until the matter relating to the ambiguity is resolved.
5. The State Party conducting the certification shall notify all other States Parties in accordance with Section X of the Protocol on Inspection of completion of the certification and recategorisation.
6. Certification shall be conducted within the area of application. States Parties shall have the right to share locations for certification."
Article 26
The Protocol on Notification and Exchange of Information, with an Annex on the Format for the Exchange of Information, shall be deleted and replaced by the following:
"PROTOCOL ON NOTIFICATION AND EXCHANGE OF INFORMATION
The States Parties hereby agree on procedures and provisions regarding notification and exchange of information pursuant to Article XIII of the Treaty on Conventional Armed Forces in Europe.
SECTION I. INFORMATION ON THE STRUCTURE OF EACH STATE PARTY'S LAND FORCES AND AIR AND AIR DEFENCE AVIATION FORCES WITHIN THE AREA OF APPLICATION
1. Each State Party shall provide to all other States Parties the following information about the structure of its land forces and air and air defence aviation forces within the area of application:
(A) The command organisation of its land forces, specifying the designation and subordination of all combat, combat support and combat service support formations and units at each level of command down to the level of brigade/regiment or equivalent level, including air defence formations and units subordinated at or below the military district or equivalent level. Independent units at the next level of command below the brigade/regiment level directly subordinate to formations above the brigade/regiment level (i.e., independent battalions) shall be identified, with the information indicating the formation or unit to which such units are subordinated;
(B) The command organisation of its air and air defence aviation forces, specifying the designation and subordination of formations and units at each level of command down to wing/air regiment or equivalent level. Independent units at the next level of command below the wing/air regiment level directly subordinate to formations above the wing/air regiment level (i.e., independent squadrons) shall be identified, with the information indicating the formation or unit to which such units are subordinated; and
(C) The designation and subordination of military installations as specified in Section III, paragraph 3, subparagraphs (A) and (B), of this Protocol.
SECTION II. INFORMATION ON THE OVERALL HOLDINGS IN EACH CATEGORY OF CONVENTIONAL ARMAMENTS AND EQUIPMENT LIMITED BY THE TREATY and ON THE OVERALL HOLDINGS of certain conventional armaments and equipment subject to the Treaty
1. Each State Party shall provide to all other States Parties information on:
(A) Overall numbers and numbers by type of its holdings in each category of conventional armaments and equipment limited by the Treaty and subject to the numerical limitations set forth in the Protocol on National Ceilings;
(B) Overall numbers and numbers by type of its holdings of battle tanks, armoured combat vehicles and artillery by States Parties' territory and territory with a subceiling as countable against the numerical limitations set forth in the Protocol on Territorial Ceilings;
(C) Overall numbers and numbers by type of its holdings of combat aircraft and attack helicopters by States Parties' territory as countable against the numerical limitations set forth in the Protocol on National Ceilings; and
(D) Overall numbers and numbers by type of its holdings of the following conventional armaments and equipment subject to the Treaty:
(1) Armoured vehicle launched bridges;
(2) Armoured infantry fighting vehicles held by organisations designed and structured to perform in peacetime internal security functions;
(3) Battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters having been decommissioned and awaiting disposal; and
(4) Mi-24R and Mi-24K helicopters.
SECTION III. INFORMATION ON THE LOCATION, NUMBERS AND TYPES OF CONVENTIONAL ARMAMENTS AND EQUIPMENT IN SERVICE WITH THE CONVENTIONAL ARMED FORCES OF THE STATES PARTIES
1. For each of its formations and units notified pursuant to Section I, paragraph 1, subparagraphs (A) and (B), of this Protocol, as well as separately located battalions/squadrons or equivalents subordinate to those formations and units, each State Party shall provide to all other States Parties the following information:
(A) The designation and peacetime location of its formations and units at which conventional armaments and equipment limited by the Treaty in the following categories are held, including headquarters, specifying the geographic name and coordinates:
(1) Battle tanks;
(2) Armoured combat vehicles;
(3) Artillery;
(4) Combat aircraft; and
(5) Attack helicopters;
(B) The holdings of its formations and units notified pursuant to subparagraph (A) of this paragraph, giving numbers (by type in the case of formations and units at the level of division or equivalent and below) of the conventional armaments and equipment listed in subparagraph (A) of this paragraph, and of:
(1) Combat support helicopters;
(2) Unarmed transport helicopters;
(3) Armoured vehicle launched bridges;
(4) Armoured infantry fighting vehicle look-alikes;
(5) Armoured personnel carrier look-alikes;
(6) Primary trainer aircraft;
(7) Reclassified combat-capable trainer aircraft; and
(8) Mi-24R and Mi-24K helicopters not subject to the numerical limitations set forth in the Protocol on National Ceilings;
(C) The designation and peacetime location of its formations and units, other than those notified pursuant to subparagraph (A) of this paragraph, at which the following categories of conventional armaments and equipment, as defined in Article II of the Treaty, specified in the Protocol on Existing Types, or enumerated in the Protocol on Aircraft Reclassification, are held, including headquarters, specifying the geographic name and coordinates:
(1) Combat support helicopters;
(2) Unarmed transport helicopters;
(3) Armoured vehicle launched bridges;
(4) Armoured infantry fighting vehicle look-alikes;
(5) Armoured personnel carrier look-alikes;
(6) Primary trainer aircraft;
(7) Reclassified combat-capable trainer aircraft; and
(8) Mi-24R and Mi-24K helicopters not subject to the numerical limitations set forth in the Protocol on National Ceilings;
(D) The holdings of its formations and units notified pursuant to subparagraph (C) of this paragraph giving numbers (by type in the case of formations and units at the level of division or equivalent and below) in each category specified above.
2. Each State Party shall provide to all other States Parties information on conventional armaments and equipment in service with its conventional armed forces but not held by its land forces or air or air defence aviation forces, specifying:
(A) The designation and peacetime location of its formations and units down to the level of brigade/regiment, wing/air regiment or equivalent as well as units at the next level of command below the brigade/regiment, wing/air regiment level which are separately located or are independent (i.e., battalions/squadrons or equivalent) at which conventional armaments and equipment limited by the Treaty in the following categories are held, including headquarters, specifying the geographic name and coordinates:
(1) Battle tanks;
(2) Armoured combat vehicles;
(3) Artillery;
(4) Combat aircraft; and
(5) Attack helicopters; and
(B) The holdings of its formations and units notified pursuant to subparagraph (A) of this paragraph, giving numbers (by type in the case of formations and units at the level of division or equivalent and below) of conventional armaments and equipment listed in subparagraph (A) of this paragraph, and of:
(1) Combat support helicopters;
(2) Unarmed transport helicopters;
(3) Armoured vehicle launched bridges;
(4) Armoured infantry fighting vehicle look-alikes;
(5) Armoured personnel carrier look-alikes;
(6) Primary trainer aircraft;
(7) Reclassified combat-capable trainer aircraft; and
(8) Mi-24R and Mi-24K helicopters not subject to the numerical limitations set forth in the Protocol on National Ceilings.
3. Each State Party shall provide to all other States Parties the following information:
(A) The location of its designated permanent storage sites, specifying geographic name and coordinates, and the numbers and types of conventional armaments and equipment in the categories listed in paragraph 1, subparagraphs (A) and (B), of this Section held at such sites;
(B) The location of its military storage sites not organic to formations and units identified as objects of verification, independent repair and maintenance units, military training establishments and military airfields, specifying geographic name and coordinates, at which conventional armaments and equipment in the categories listed in paragraph 1, subparagraphs (A) and (B), of this Section are held or routinely present, giving the holdings by type in each category at such locations; and
(C) The location of its sites at which the reduction of conventional armaments and equipment limited by the Treaty will be undertaken pursuant to the Protocol on Reduction, specifying the location by geographic name and coordinates, the holdings by type in each category of conventional armaments and equipment limited by the Treaty awaiting reduction at such locations, and indicating that it is a reduction site.
SECTION IV. INFORMATION ON THE LOCATION AND NUMBERS OF BATTLE TANKS, ARMOURED COMBAT VEHICLES, ARTILLERY, COMBAT AIRCRAFT AND ATTACK HELICOPTERS WITHIN THE AREA OF APPLICATION BUT NOT IN SERVICE WITH CONVENTIONAL ARMED FORCES
1. Each State Party shall provide information to all other States Parties on the location and numbers of its battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters within the area of application not in service with its conventional armed forces but of potential military significance.
(A) Accordingly, each State Party shall provide the following information:
(1) In respect of its battle tanks, artillery, combat aircraft and specialised attack helicopters, as well as armoured infantry fighting vehicles as specified in Article XII of the Treaty, held by organisations down to the independent or separately located battalion or equivalent level designed and structured to perform in peacetime internal security functions, the location, including geographic name and coordinates, of sites at which such armaments and equipment are held and the numbers and types of conventional armaments and equipment in these categories held by each such organisation;
(2) In respect of its armoured personnel carriers, heavy armament combat vehicles and multi-purpose attack helicopters held by organisations designed and structured to perform in peacetime internal security functions, the aggregate numbers in each category of such armaments and equipment in each administrative region or division;
(3) In respect of its battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters awaiting disposal having been decommissioned in accordance with the provisions of Article IX of the Treaty, the location, including geographic name and coordinates, of sites at which such armaments and equipment are held and the numbers and types at each site;
(4) In respect of its battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters which are awaiting or are being refurbished for export or re-export and are temporarily retained within the area of application, each State Party shall provide to all other States Parties, following entry into force of the Treaty and coincident with each annual exchange of information pursuant to Section VII, paragraph 1, of this Protocol, an identifiable location of each site at which there are normally more than a total of 15 battle tanks, armoured combat vehicles and pieces of artillery or more than five combat aircraft or more than 10 attack helicopters which are, pursuant to Article III, paragraph 1, subparagraph (E), of the Treaty, awaiting or are being refurbished for export or re-export and are temporarily retained within the area of application.
Each State Party shall provide to all other States Parties, following entry into force of the Treaty and coincident with each exchange of information pursuant to Section VII, paragraph 1, of this Protocol:
(a) The numbers of such battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters as of 1 January of the following year; and
(b) The total number by type of battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters removed from the "awaiting export" category during the previous 12 months and their disaggregation by disposition: reassigned to the conventional armed forces or to internal security forces, transferred to the category "decommissioned and awaiting disposal", disposed of or transferred outside of the area of application.
The States Parties shall, within the framework of the Joint Consultative Group, agree as to the form in which the information on the numbers shall be provided pursuant to this provision;
(5) In respect of its battle tanks and armoured combat vehicles which have been reduced and are awaiting conversion pursuant to Section VIII of the Protocol on Reduction, the location, including geographic name and coordinates, of each site at which such armaments and equipment are held and the numbers and types at each site; and
(6) In respect of its battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters used exclusively for the purpose of research and development pursuant to Article III, paragraph 1, subparagraph (B), of the Treaty, each State Party shall provide to all other States Parties following entry into force of the Treaty and coincident with each exchange of information pursuant to Section VII, paragraph 1, of this Protocol the aggregate numbers in each category of such conventional armaments and equipment.
SECTION V. INFORMATION ON OBJECTS OF VERIFICATION AND DECLARED SITES
1. Each State Party shall provide to all other States Parties information specifying its objects of verification, including the total number and the designation of each object of verification, and enumerating its declared sites, as defined in Section I of the Protocol on Inspection, providing the following information on each site:
(A) The site's designation and location, including geographic name and coordinates;
(B) The designation of all objects of verification, as specified in Section I, paragraph 1, subparagraph (I), of the Protocol on Inspection, at that site, it being understood that subordinate elements at the next level of command below the brigade/regiment or wing/air regiment level located in the vicinity of each other or of the headquarters immediately superior to such elements may be deemed as not separately located, if the distance between such separately located battalions/squadrons or equivalent or to their headquarters does not exceed 15 kilometres;
(C) The overall numbers by type of conventional armaments and equipment in each category specified in Section III of this Protocol held at that site and by each object of verification, as well as those belonging to any object of verification located at another declared site, specifying the designation of each such object of verification;
(D) In addition, for each such declared site, the number of conventional armaments and equipment not in service with its conventional armed forces, indicating those that are:
(1) Battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters awaiting disposal having been decommissioned in accordance with the provisions of Article IX of the Treaty or reduced and awaiting conversion pursuant to the Protocol on Reduction; and
(2) Battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters held by organisations designed and structured to perform in peacetime internal security functions;
(E) Declared sites that hold battle tanks, armoured combat vehicles, artillery, combat aircraft or attack helicopters awaiting or being refurbished for export or re-export and temporarily retained within the area of application or used exclusively for research and development shall be identified as such, and the aggregate numbers in each category at that site shall be provided; and
(F) Point(s) of entry/exit associated with each declared site, with geographic name and coordinates, including at least one commercial airport, if possible operating international flights.
2. Each State Party shall notify all other States Parties of its passive declared site inspection quota calculated in accordance with Section II, paragraph 10, of the Protocol on Inspection.
SECTION VI. INFORMATION ON THE LOCATION OF SITES FROM WHICH CONVENTIONAL ARMAMENTS AND EQUIPMENT HAVE BEEN WITHDRAWN
1. Each State Party shall provide annually to all other States Parties, coincident with the annual exchange of information provided pursuant to Section VII, paragraph 1, subparagraph (B), of this Protocol, information about the locations of sites which have been notified previously as declared sites from which all conventional armaments and equipment in the categories listed in Section III, paragraph 1, of this Protocol have been withdrawn since the signature of the Treaty if such sites continue to be used by the conventional armed forces of that State Party. The locations of these sites shall be notified for three years following such withdrawal.
SECTION VII. TIMETABLE FOR THE PROVISION OF INFORMATION IN SECTIONS I TO V OF THIS PROTOCOL
1. Each State Party shall provide to all other States Parties the information pursuant to Sections I to V of this Protocol as follows:
(A) 30 days following entry into force of the Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe, with information effective as of the date of entry into force, unless entry into force occurs within 60 days of the 15th day of December, in which case:
(1) If entry into force occurs subsequent to the 15th day of December, the annual exchange that took place on the 15th day of December shall be considered the information exchange pursuant to paragraph 1, subparagraph (A) above, and may be supplemented, in accordance with the provisions of this Protocol, as agreed by the States Parties; or
(2) If entry into force occurs prior to the 15th day of December, the exchange of information scheduled for the 15th day of December shall take place 30 days after entry into force of the Agreement on Adaptation, unless the States Parties otherwise agree, pursuant to the provisions of this Protocol; and
(B) Thereafter on the 15th day of December of every year, with the information effective as of the first day of January of the following year.
2. No later than the first day of July of each year, the Russian Federation shall provide information equal to that in the annual information exchange on its forces in the geographic area subject to being reported on in the additional information provided by the Russian Federation as of 1 July 1999.
SECTION VIII. INFORMATION ON CHANGES IN ORGANISATIONAL STRUCTURES OR holdings of CONVENTIONAL ARMAMENTS AND EQUIPMENT LIMITED BY THE treaty
1. Each State Party shall notify all other States Parties of:
(A) Any permanent change in the organisational structure of its conventional armed forces within the area of application as notified pursuant to Section I of this Protocol, including separately located units which are identified as objects of verification; any change in the designation or any change of the location of formations or units as notified pursuant to Sections I and III of this Protocol; any creation of an object of verification or of a declared site; and any redesignation or relocation of an object of verification as notified pursuant to Section V of this Protocol. Such notification shall be given at least 42 days in advance; and
(B) Any change of 10 percent or more, calculated on the basis of the most recent update of the annual exchange of information, including the most recent applicable notification of a change in holdings of 10 percent or more, in any one of the categories of conventional armaments and equipment limited by the Treaty assigned to any of its combat, combat support or combat service support formations and units down to the brigade/regiment, wing/air regiment, independent or separately located battalion/squadron or equivalent level as notified in Section III, paragraph 1, subparagraphs (A) and (B), and paragraph 2, subparagraphs (A) and (B), of this Protocol or permanently present at or assigned to any of its installations notified pursuant to Section III, paragraph 3, subparagraphs (A) and (B), which are identified as objects of verification.
Such notification shall be given no later than five working days after such a change occurs and shall include the actual holdings after the notified change. The closure of an object of verification shall be indicated. The notification shall include information about the source of armaments and equipment added, including but not limited to new production, import, transfer from conventional armed forces, transfer from forces other than the conventional armed forces, or relocation from outside the area of application. If the armaments and equipment have been transferred from another unit or installation identified as an object of verification within the area of application, the notification shall include the designation, unit record number and the location of the losing unit or installation identified as an object of verification if there has been a 10 percent or greater change in that losing unit or installation identified as an object of verification. The notification shall also include information about the disposition of the armaments and equipment withdrawn, including but not limited to decommissioning, disposal, withdrawal from the area of application, transfer to conventional armed forces, transfer to forces other than conventional armed forces or awaiting export. If the armaments and equipment have been transferred to another unit or installation identified as an object of verification within the area of application, the notification shall include the designation, the unit record number and the location of the gaining unit or installation identified as an object of verification if there has been a 10 percent or greater change in that gaining unit or installation identified as an object of verification. For a source or destination outside of the area of application, only that fact shall be noted.
2. Ukraine shall provide information for changes of five percent or more in any one of the categories of conventional armaments and equipment limited by the Treaty assigned to any of its combat, combat support or combat service support formations and units down to the brigade/regiment, wing/air regiment, independent or separately located battalion/squadron or equivalent level as notified in Section III, paragraph 1, subparagraphs (A) and (B), and paragraph 2, subparagraphs (A) and (B), of this Protocol in respect of its assigned holdings within the Odessa oblast reported in the annual information exchange. Such notification shall be given no later than five working days after such a change occurs and shall include the actual holdings after the notified change.
SECTION IX. INFORMATION ON THE LOCATION OF BATTLE TANKS, ARMOURED COMBAT VEHICLES AND ARTILLERY LIMITED BY THE TREATY WHICH ARE NOT ON THE TERRITORY OF THE STATE PARTY THAT IS DECLARED AS THEIR PEACETIME LOCATION AS OF 1 JANUARY
1. Each State Party shall notify all other States Parties by 21 January each year, with information effective as of 1 January, about its battle tanks, armoured combat vehicles and artillery which are, as of 1 January, not situated on the territory of the State Party or the territory with a subceiling that is declared as their peacetime location, as reported pursuant to the annual exchange of information:
(A) The notified peacetime location, by State Party and territory with a subceiling, the designation of formation or unit, the unit record number, if applicable, and the number of its absent battle tanks, armoured combat vehicles and artillery by types; and
(B) The actual location of such armaments and equipment as of 1 January, unless located as part of the unit to which they are assigned in which case the actual location of the unit by geographic coordinates by State Party and territory with a subceiling shall be reported, or unless the actual location is a declared site, in which case the location of the declared site, its record number and site name shall be reported.
2. Each State Party shall notify all other States Parties by 21 January each year, with information effective as of 1 January, about its battle tanks, armoured combat vehicles and artillery which have been moved from outside of the area of application onto the territory of a State Party in the area of application or territory with a subceiling and were not reported pursuant to the annual exchange of information at their actual location. The notification shall include the number of its battle tanks, armoured combat vehicles and artillery by types; and the actual location of such armaments and equipment as of 1 January, unless located as part of the unit to which they are assigned in which case the actual location of the unit by geographic coordinates by State Party and territory with a subceiling shall be reported, or unless the actual location is a declared site, in which case the location of the declared site, its record number and site name shall be reported.
SECTION X. INFORMATION ON THE ENTRY INTO AND REMOVAL FROM SERVICE WITH THE CONVENTIONAL ARMED FORCES OF A STATE PARTY OF CONVENTIONAL ARMAMENTS AND equipment LIMITED BY THE TREATY
1. Each State Party shall provide to all other States Parties following entry into force of the Treaty and coincident with each annual exchange of information provided pursuant to Section VII, paragraph 1, subparagraph (B), of this Protocol:
(A) Aggregate information on the numbers and types of conventional armaments and equipment limited by the Treaty which entered into service with its conventional armed forces within the area of application during the previous 12 months, and their disaggregation by source, including but not limited to new production, import or transfer from outside the area of application, resubordination from internal security forces; and
(B) Aggregate information on the numbers and types of conventional armaments and equipment limited by the Treaty which:
(1) Have been removed from service with its conventional armed forces within the area of application during the previous 12 months, their last reported location and their disaggregation by disposition, including but not limited to decommissioning, resubordination to internal security forces, awaiting export, disposal through destruction/modification, withdrawal from the area of application; and
(2) Have been withdrawn from the "decommissioned and awaiting disposal" category during the previous 12 months and their disaggregation by disposition, including but not limited to reassignment to internal security forces, placement in the category of awaiting export, recommissioning, disposal through destruction/modification, withdrawal from the area of application.
SECTION XI. INFORMATION ON ENTRY INTO AND EXIT FROM THE AREA OF APPLICATION OF CONVENTIONAL ARMAMENTS AND EQUIPMENT LIMITED BY THE TREATY IN SERVICE WITH THE CONVENTIONAL ARMED FORCES OF THE STATES PARTIES
1. Each State Party shall provide annually to all other States Parties following entry of the force of the Treaty and coincident with each annual exchange of information provided pursuant to Section VII, paragraph 1, subparagraph (B), of this Protocol:
(A) Aggregate information on the numbers and types of each category of conventional armaments and equipment limited by the Treaty in service with its conventional armed forces that have entered the area of application within the last 12 months and whether any of these armaments and equipment were organised in a formation or unit;
(B) Aggregate information on the numbers and types of each category of conventional armaments and equipment limited by the Treaty in service with its conventional armed forces that have been removed from, and remain outside of, the area of application within the last 12 months and the last reported locations within the area of application of such conventional armaments and equipment; and
(C) Conventional armaments and equipment limited by the Treaty in service with its conventional armed forces within the area of application which exit and re-enter the area of application, including for purposes such as training or military activities, within a seven-day period shall not be subject to the reporting provisions in this Section.
SECTION XII. CONVENTIONAL ARMAMENTS AND EQUIPMENT IN TRANSIT THROUGH OR WITHIN THE AREA OF APPLICATION
1. Conventional armaments and equipment in the categories specified in Section III of this Protocol which entered the area of application in transit shall be reported pursuant to this Protocol only if they remain within the area of application for a period longer than seven days.
2. In the case of transit of battle tanks, armoured combat vehicles and artillery in accordance with Article V of the Treaty, each State Party undertaking such transit shall provide to all other States Parties the following information no later than the day the conventional armaments and equipment in transit enter the territory of the first transited State Party or a territory with a subceiling:
(A) Start date of the transit;
(B) Mode of transportation;
(C) First State Party transited;
(D) The categories of armaments and equipment in transit; and
(E) The State Party or the territory with a subceiling into which the conventional armaments and equipment in transit entered the area of application; or
(F) The State Party or the territory with a subceiling of origin of the conventional armaments and equipment in transit, as applicable.
3. Each State Party undertaking such transit shall provide to all other States Parties the following information as soon as possible, but no later than five days after the conventional armaments and equipment in transit enter the territory of the first transited State Party or a territory with a subceiling:
(A) Start date of the transit;
(B) Mode of transportation;
(C) The States Parties or territories with subceilings to be transited;
(D) The State Party of final destination, if applicable;
(E) The expected duration of the transit through the territory of each transited State Party or the territory with subceilings;
(F) The total numbers of battle tanks, armoured combat vehicles and pieces of artillery in transit; and
(G) Additional information, to include related notifications.
4. Each transited State Party shall provide to all other States Parties the following information no later than five days after the date the battle tanks, armoured combat vehicles and artillery in transit enter its territory:
(A) The total numbers of battle tanks, armoured combat vehicles or pieces of artillery involved;
(B) The expected duration of the transit through its territory; and
(C) Additional information, to include related notifications.
5. If the final destination is within the area of application, the State Party of final destination shall notify all other States Parties that the transit is over not later than five days after the conventional armaments and equipment arrive on its territory.
6. Each State Party undertaking transit of battle tanks, armoured combat vehicles and artillery shall notify all other States Parties no later than five days after the conventional armaments and equipment in transit entered the territory of the State Party or the territory with a subceiling of final destination or departed the area of application of the following information:
(A) Reference to the notifications issued pursuant to paragraphs 2 and 3 of this Section;
(B) Start and end dates of the transit;
(C) The State Party or the territory with a subceiling where transit began;
(D) The total numbers of battle tanks, armoured combat vehicles or artillery involved;
(E) The States Parties or territories with subceilings that were transited;
(F) The territory of the State Party or the territory with a subceiling of final destination or the territory of the State Party or the territory with a subceiling transited prior to departure from the area of application, as applicable; and
(G) Additional information, to include notifications resulting from the arrival of the conventional armaments and equipment in transit at its final destination, if it is in the area of application.
SECTION XIII. QUARTERLY INFORMATION ON BATTLE TANKS, ARMOURED COMBAT VEHICLES AND ARTILLERY ACTUALLY PRESENT IN THE AREA OF APPLICATION AND ON THE TERRITORY OF A STATE PARTY
1. Each State Party shall notify all other States Parties of the total numbers of its battle tanks, armoured combat vehicles and artillery actually present in the area of application by territory of a State Party and territory with a subceiling as countable against the numerical limitations set forth in the Protocol on Territorial Ceilings.
2. Each State Party with territory within the area of application shall notify all other States Parties of the total number of its and the total number of any other State Party ' battle tanks, armoured combat vehicles and artillery actually present on its territory and on territory with a subceiling as countable against its numerical limitations set forth in the Protocol on Territorial Ceilings.
3. The information pursuant to paragraphs 1 and 2 of this Section shall be provided on each 31 January, with the information effective as of 1 January; on each 30 April, with the information effective as of 1 April; on each 31 July, with the information effective as of 1 July; and on each 31 October, with the information effective as of 1 October.
SECTION XIV. QUARTERLY INFORMATION ON COMBAT AIRCRAFT AND ATTACK HELICOPTERS ACTUALLY PRESENT IN THE AREA OF APPLICATION WITHIN THE TERRITORY OF A STATE PARTY
1. Each State Party shall notify all other States Parties of the total numbers of its combat aircraft and attack helicopters actually present in the area of application and countable against its numerical limitations set forth in the Protocol on National Ceilings, including the numbers by States Parties' territory where assigned.
The information shall be provided on each 31 January, with the information effective as of 1 January; on each 30 April, with the information effective as of 1 April; on each 31 July, with the information effective as of 1 July; and on each 31 October, with the information effective as of 1 October.
SECTION XV. INFORMATION ON CHANGES IN THE NUMBER OF BATTLE TANKS, ARMOURED COMBAT VEHICLES, OR ARTILLERY PRESENT ON THE TERRITORY OF A STATE PARTY OR IN A TERRITORY WITH A SUBCEILING
1. Each State Party shall, subject to the provisions of Section XI, paragraph 1, subparagraph (C), of this Protocol and excluding armaments and equipment which have been notified pursuant to Sections XII, XVIII and XX of this Protocol, notify all other States Parties of changes, in any territory or territory with a subceiling, to the levels in the most recent notification provided pursuant to Section XIII of this Protocol and subsequent notifications provided pursuant to this paragraph, whenever the level of change equals or exceeds 30 battle tanks or 30 armoured combat vehicles or 10 pieces of artillery. The notifications shall contain the following information:
(A) The previously notified levels of holdings, by territory of a State Party or territory with a subceiling;
(B) The amount by which the notified levels have been changed;
(C) The new levels of holdings, by territory of a State Party or territory with a subceiling; and
(D) The effective date of the change.
2. Notifications pursuant to this Section shall be given no later than five working days after the previously notified levels have been exceeded.
SECTION XVI. INFORMATION RELATING TO CERTAIN EVENTS INVOLVING COMBAT AIRCRAFT AND ATTACK HELICOPTERS
1. Each State Party with territory in the area of application shall, subject to the provisions of Section XI, paragraph 1, subparagraph (C), of this Protocol, notify all other States Parties of changes in the total number of its combat aircraft and of its attack helicopters countable against numerical limitations set forth in the Protocol on National Ceilings, whenever the level of change equals or exceeds 18 combat aircraft or 18 attack helicopters above the levels in the most recent notification provided pursuant to:
(A) Section II, paragraph 1, subparagraph (A), of this Protocol and subsequent notifications provided pursuant to this paragraph; or
(B) Section XIV of this Protocol and subsequent notifications provided pursuant to this paragraph if these levels exceed the levels notified under subparagraph (A) above.
2. Each State Party without territory in the area of application shall, subject to the provisions of Section XI, paragraph 1, subparagraph (C), of this Protocol, notify all other States Parties of changes in the total number of its combat aircraft and of its attack helicopters countable against numerical limitations set forth in the Protocol on National Ceilings whenever the level of change equals or exceeds 18 combat aircraft or 18 attack helicopters above or below the levels in the most recent notification provided pursuant to either:
(A) Section II, paragraph 1, subparagraph (A), of this Protocol and subsequent notifications provided pursuant to this paragraph; or
(B) Section XIV of this Protocol and subsequent notifications provided pursuant to this paragraph.
3. Notifications pursuant to this Section shall be given no later than five working days after each such change occurs and shall include:
(A) The previously notified levels of holdings;
(B) The amount by which the notified levels have changed;
(C) The new levels of holdings; and
(D) The effective date of the change.
SECTION XVII. INFORMATION ON AUTHORISATION TO MAKE USE OF A STATE PARTY'S HEADROOM
1. Each State Party with territory in the area of application shall notify all other States Parties of the entitlement authorised for use by another State Party of the headroom between its national holdings of battle tanks, armoured combat vehicles and artillery on its territory and its territorial ceiling in those categories. Such notification shall be provided no later than the effective date of the authorisation and shall specify the maximum headroom authorised for use by a State Party, the start date and the effective duration of the authorisation. The notifying State Party shall update its notification if it modifies the authorisation.
2. The total number of battle tanks, armoured combat vehicles or artillery set out in an authorisation shall not exceed, in any of these categories, the amount of headroom not already taken up by all extant authorisations for any period of time.
SECTION XVIII. INFORMATION WHEN A TERRITORIAL CEILING OR A TERRITORIAL SUBCEILING IS TEMPORARILY EXCEEDED
1. Each State Party with territory within the area of application shall notify all other States Parties whenever its territorial ceiling or territorial subceiling is temporarily exceeded in accordance with Article VII of this Treaty.
2. Each State Party which participates with its battle tanks, armoured combat vehicles or artillery in an activity that results in exceeding either another State Party's territorial ceiling or territorial subceiling or its own territorial subceiling shall notify all other States Parties.
3. Where a territorial ceiling or a territorial subceiling is exceeded as a result of a military exercise:
(A) The State Party on whose territory the military exercise is to be conducted shall notify all other States Parties no later than 42 days in advance of the date a territorial ceiling or a territorial subceiling is to be exceeded of the following: the designation and the general purpose of the exercise; the participating States Parties; the date of the start of the exercise and its estimated duration; the total number of battle tanks, armoured combat vehicles or artillery involved in the exercise and the total number of battle tanks, armoured combat vehicles or artillery in excess of a territorial ceiling or a territorial subceiling; the dates of the beginning and of the end of that stage of the exercise during which a territorial ceiling or a territorial subceiling will remain exceeded; and the area of the exercise defined by geographic coordinates;
(B) Each State Party which participates in the exercise with its battle tanks, armoured combat vehicles or artillery shall notify all other States Parties no later than 42 days in advance of the date a territorial ceiling or territorial subceiling is to be exceeded of the total number of its battle tanks, armoured combat vehicles and artillery involved in the military exercise; where applicable, the location of the objects of verification of origin, the command element of origin, the designation of formations and units and unit record numbers; the area of deployment, defined by geographic coordinates, and estimated dates of arrival and departure of its battle tanks, armoured combat vehicles or artillery; and additional explanatory information;
(C) No later than the date a territorial ceiling or a territorial subceiling is exceeded, the notifications pursuant to subparagraphs (A) and (B) of this paragraph shall be updated if there is any change to the data notified 42 days in advance;
(D) Where a State Party exceeds its own territorial subceiling, all notifications pursuant to this paragraph shall be provided by that State Party;
(E) If a territorial ceiling or a territorial subceiling is to remain exceeded for more than 42 days, as soon as possible but no later than on day 43 after a territorial ceiling or a territorial subceiling has been exceeded:
(1) The State Party whose territorial ceiling or territorial subceiling is exceeded shall provide notification of the purpose and estimated duration of the exceeding; the States Parties involved in the exceeding; the total number of battle tanks, armoured combat vehicles or artillery in excess of a territorial ceiling or a territorial subceiling; and the area of deployment defined by geographic coordinates; and
(2) Each State Party which participates in the temporary deployment with its battle tanks, armoured combat vehicles or artillery shall provide notification of the total number of its battle tanks, armoured combat vehicles and artillery and the area of deployment defined by geographic coordinates;
(F) Each State Party shall provide notification whenever a cumulative increase of 30 battle tanks, 30 armoured combat vehicles, or 10 pieces of artillery to the numbers previously notified pursuant to subparagraph (A) or (B) of this paragraph occurs. Such notification shall be given no later than five days after such an increase occurs.
4. Where a territorial ceiling or a territorial subceiling is exceeded as a result of temporary deployment:
(A) The State Party whose territorial ceiling or territorial subceiling is exceeded shall provide notification to all other States Parties:
(1) No later than the date a territorial ceiling or a territorial subceiling is exceeded, the date of exceeding; the designation of the operation, its purpose and estimated duration; the States Parties involved; the total number of battle tanks, armoured combat vehicles or artillery in excess of a territorial ceiling or a territorial subceiling; and the area of deployment;
(2) No later than 21 days after the date a territorial ceiling or a territorial subceiling is exceeded a notification to update the information pursuant to sub-subparagraph (1) of this paragraph including the area of deployment defined by geographic coordinates shall be issued; and
(3) Whenever the numbers of temporarily deployed battle tanks, armoured combat vehicles or artillery in excess of the corresponding territorial ceiling exceed the levels of 153 battle tanks or 241 armoured combat vehicles or 140 pieces of artillery;
(B) The State Party which deploys battle tanks, armoured combat vehicles or artillery in excess of a territorial ceiling or a territorial subceiling shall notify all other States Parties:
(1) No later than the date a territorial ceiling or a territorial subceiling is exceeded, of the total number of its battle tanks, armoured combat vehicles and artillery in excess of a territorial ceiling or a territorial subceiling and the area of deployment; and
(2) No later than 21 days after the date a territorial ceiling or a territorial subceiling is exceeded, of the purpose and anticipated duration of the temporary deployment, the total number of its battle tanks, armoured combat vehicles and artillery involved, the area of deployment defined by geographic coordinates, and where applicable, the objects of verification, their locations and the command element of origin, and the designation of formations and units and unit record numbers;
(C) Subsequent updates shall be provided every 90 days until a territorial ceiling or a territorial subceiling is no longer exceeded;
(D) Each State Party shall provide notification whenever a cumulative increase of 30 battle tanks, 30 armoured combat vehicles, or 10 pieces of artillery occurs in addition to the numbers previously notified by that State Party pursuant to subparagraph (A), (B) or (C) of this paragraph. Such notification shall be given no later than five days after such an increase occurs;
(E) Where a State Party exceeds its own territorial subceiling, all notifications pursuant to this paragraph shall be provided by that State Party.
5. The State Party whose territorial ceiling or territorial subceiling has been exceeded as a result of a military exercise or as a result of a temporary deployment shall notify all other States Parties whenever the numbers of battle tanks, armoured combat vehicles and artillery present on its territory no longer exceed its territorial ceiling or territorial subceiling.
6. If a territorial ceiling is exceeded at or below the levels of 153 battle tanks, 241 armoured combat vehicles or 140 pieces of artillery, such armaments and equipment shall not be subject to information exchange pursuant to paragraph 4, subparagraph (A), sub-subparagraph (2), paragraph 4, subparagraph (B), sub-subparagraph (2), and paragraph 4, subparagraph (C), of this Section if all of those armaments and equipment are properly declared at their actual temporary location on the territory of another State Party in the information exchange pursuant to Section VII, paragraph (1), subparagraph (A), of this Protocol and thereafter in each annual information exchange.
SECTION XIX. INFORMATION ON ARMOURED PERSONNEL CARRIER AMBULANCES
1. Without prejudice to the principle that armoured ambulances shall not be subject to Treaty limitations, annually each State Party shall provide, on the 15th day of December, all other States Parties with information on the overall holdings of armoured personnel carrier ambulances and locations containing more than 18 armoured personnel carrier ambulances.
SECTION XX. INFORMATION IN THE CASE OF OPERATION IN SUPPORT OF PEACE
1. Each State Party which deploys battle tanks, armoured combat vehicles or artillery on the territory of another State Party for an operation in support of peace in accordance with Article V, paragraph 2, of the Treaty shall, no later than five days after the start of the deployment of its battle tanks, armoured combat vehicles or artillery, provide information on the mandate, anticipated duration and designation of the operation, the total number of its battle tanks, armoured combat vehicles and artillery involved in the operation and the command authority under which they operate; the objects of verification and command element of origin, where applicable; and the intended territory of destination of the armaments and equipment within the area of application.
2.Subsequent updates shall be provided by each State Party issuing notification pursuant to paragraph 1 of this Section every 90 days until the end of the operation and the complete withdrawal of the armaments and equipment involved.
SECTION XXI. FORMAT FOR THE PROVISION OF INFORMATION
1. Each State Party shall provide to all other States Parties the information specified in this Protocol in accordance with the procedures set forth in Article XVII of the Treaty and the Annex on Format. In accordance with Article XVI, paragraph 5, of the Treaty, changes to the Annex on Format shall be deemed improvements to the viability and effectiveness of the Treaty relating only to minor matters of a technical nature.
SECTION XXII. OTHER NOTIFICATIONS PURSUANT TO THE TREATY
1. The Joint Consultative Group shall develop a document relating to notifications required by the Treaty. Such document shall list all such notifications, specifying those that shall be made in accordance with Article XVII of the Treaty, and shall include appropriate formats, as necessary, for such notifications. In accordance with Article XVI, paragraph 5, of the Treaty, changes to this document, including any formats, shall be deemed to be improvements to the viability and effectiveness of the Treaty relating only to minor matters of a technical nature.
ANNEX ON THE FORMAT FOR THE EXCHANGE OF INFORMATION
1. Each State Party shall provide to all other States Parties information pursuant to the Protocol on Information Exchange, hereinafter referred to as the Protocol, in accordance with the formats specified in this Annex. The information in each data listing shall be provided in written form supplemented by an electronic data version on diskette in the agreed format. The written text in one of the six official languages of the Organization for Security and Co-operation in Europe shall be the official version. In each table (column a), each data entry shall be assigned a sequential line number.
2. Each set of listings shall begin with a cover page showing the name of the State Party providing the listings, the language in which the listings are being provided, the date on which the listings are to be exchanged and the effective date of the information set forth in the listings. The cover page shall be followed by a table of contents, a list of abbreviations used, an index showing the relation between unit record number, Chart and page, Charts I to VI as specified in this Annex, a list of annual notifications, a list of standing diplomatic clearance numbers, complete updated list of inspectors and transport crew members, if applicable, and additional related information to include a list of officially recognised holidays.
SECTION I. INFORMATION ON THE STRUCTURE OF LAND FORCES AND AIR AND AIR DEFENCE AVIATION FORCES WITHIN THE AREA OF APPLICATION
1. Pursuant to Section I of the Protocol, each State Party shall provide information on the command organisation of its land forces, including air defence formations and units subordinated at or below the military district or equivalent level, and air and air defence aviation forces in the form of two separate hierarchical data listings as set forth in Chart I.
2. The data listings shall be provided beginning at the highest level and proceeding through each level of command down to the level of brigade/regiment, independent battalion, and wing/air regiment, independent squadron or their equivalent. Each designated permanent storage site, military storage site, independent repair and maintenance unit, military training establishment and military airfield shall be included. For example, a military district/army/corps could be followed by any subordinate independent regiments, independent battalions, depots, training establishments, then each subordinate division with its regiments/independent battalions. After all the subordinate organisations are listed, entries shall begin for the next military district/army/corps. An identical procedure shall be followed for air and air defence aviation forces.
(A) Each organisation shall be identified (column b) by a unique designator (i.e., formation or unit record number) which shall be used on subsequent listings with that organisation and for all subsequent information exchanges; its national designation (i.e., name) (column c); and, in the case of divisions, brigades/regiments, independent battalions, and wings/air regiments, independent squadrons or equivalent organisations, where appropriate, the formation or unit type (e.g., infantry, tank, artillery, fighter, bomber, supply); and
(B) For each organisation, the two levels of command within the area of application immediately superior to that organisation shall be designated (columns d and e).
CHART I: COMMAND ORGANISATION OF THE LAND FORCES AND AIR AND AIR DEFENCE AVIATION FORCES OF (State Party) VALID AS OF (date)
SECTION II. INFORMATION ON THE OVERALL HOLDINGS IN EACH CATEGORY OF CONVENTIONAL ARMAMENTS AND EQUIPMENT LIMITED BY THE TREATY AND ON THE OVERALL HOLDINGS OF CERTAIN CONVENTIONAL ARMAMENTS AND EQUIPMENT SUBJECT TO THE TRAETY
1. Pursuant to Section II, paragraph 1, subparagraphs (A) and (B), of the Protocol, each State Party shall provide data on its overall holdings by type of battle tanks, armoured combat vehicles and artillery (Chart IIA) subject to the numerical limitations set forth in the Protocol on National Ceilings, and the number by types of those overall holdings countable against any of the limits set forth in the Protocol on Territorial Ceilings (column b), and on its overall holdings by type of combat aircraft and attack helicopters (Chart IIB) subject to the numerical limitations set forth in the Protocol on National Ceilings) (column b) and pursuant to Section II, paragraph 1, subparagraph (C), the number of those holdings located on the territory of each State Party.
2. Data on armoured combat vehicles shall include the total numbers of heavy armament combat vehicles, armoured infantry fighting vehicles and armoured personnel carriers, and their number (column f/e) and type (column e/d) in each of these sub-categories (column d/c).
3. In the case of battle tanks, armoured combat vehicles and artillery stored in accordance with Article X of the Treaty, the total of such armaments and equipment in designated permanent storage sites shall be specified (column g).
4. Pursuant to Section II, paragraph 1, subparagraph (D), of this Protocol, each State Party shall provide data (Chart IIC) on its overall holdings by type of:
(A) Armoured vehicle launched bridges (columns a to d);
(B) Armoured infantry fighting vehicles held by organisations designed and structured to perform in peacetime internal security functions (columns a to d);
(C) Battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters having been decommissioned and awaiting disposal (columns a to d); and
(D) Mi-24R and Mi-24K helicopters (columns a to d).
CHART IIA: OVERALL HOLDINGS OF BATTLE TANKS, ARMOURED COMBAT VEHICLES AND ARTILLERY SUBJECT TO NUMERICAL LIMITATION OF (State Party) VALID AS OF (date)
CHART IIB: OVERALL HOLDINGS OF COMBAT AIRCRAFT AND ATTACK HELICOPTERS SUBJECT TO NUMERICAL LIMITATION OF (State Party) VALID AS OF (date)
CHART IIC: OVERALL HOLDINGS of certain conventional armaments and equipment subject to the Treaty OF (State Party) VALID AS OF (date)
CHART IID: INFORMATION ON AGGREGATE NUMBER OF PERSONNEL PROVIDED IN ACCORDANCE WITH SECTION IV, PARAGRAPH 1 OF THE CONCLUDING ACT OF THE NEGOTIATION ON PERSONNEL STRENGTH OF CONVENTIONAL ARMED FORCES IN EUROPE OF (State Party) VALID AS OF (date)
SECTION III. INFORMATION ON THE LOCATION, NUMBERS AND TYPES OF CONVENTIONAL ARMAMENTS AND EQUIPMENT IN SERVICE WITH THE CONVENTIONAL ARMED FORCES
1. Each State Party shall provide a hierarchical data listing of all its land forces' and air and air defence aviation forces' organisations reported pursuant to Section III, paragraph 1, of the Protocol, formations and units reported pursuant to Section III, paragraph 2, of the Protocol and installations at which conventional armaments and equipment are held as specified in Section III, paragraph 3, of the Protocol.
2. For each organisation and installation, the information shall reflect:
(A) The formation or unit record number (column b) and designation of the organisation (column c) reported in Chart I. Separately located battalions/squadrons specified pursuant to paragraph 1 of this Section, formations and units reported pursuant to Section III, paragraph 2, of the Protocol and installations listed in accordance with Section III, paragraph 3, of the Protocol shall also be given a unique formation or unit record number (column b), and their national designation (i.e., name) (column c) shall be provided. Their position on the listing shall reflect their subordination with the exception of formations and units reported pursuant to Section III, paragraph 2, of the Protocol, which shall be specified together at the conclusion of the listing:
(1) Designated permanent storage sites shall be identified with the notation "DPSS" following the national designation; and
(2) Reduction sites shall be identified with the notation "reduction" following the national designation;
(B) Location (column d), including the State Party and territory with a subceiling, geographic name and coordinates accurate to the nearest 10 seconds;
(C) For each level of command from the highest down to the division/air division level, the overall total of conventional armaments and equipment in each category (columns f to m/1). For example, the overall total held by a division would be the sum of the holdings of all its subordinate organisations; and
(D) For each level of command at the division level and below as specified in paragraph 1 of this Section, the number of conventional armaments and equipment by type under the headings specified in Charts IIIA and IIIB (columns f to m/n). In the armoured combat vehicle column in Chart IIIA (column g), the sub-categories (i.e., armoured personnel carriers, armoured infantry fighting vehicles, heavy armament combat vehicles) shall be presented separately. In the attack helicopter column (column k/i), the sub-categories (i.e., specialised attack, multi-purpose attack) shall be presented separately. The column (1) labelled "other" in Chart IIIB shall include battle tanks, armoured combat vehicles, artillery, armoured personnel carrier look-alikes, armoured infantry fighting vehicle look-alikes, and armoured vehicle launched bridges, if any, in service with the air and air defence aviation forces.
CHART IIIA. INFORMATION ON THE LOCATION, NUMBERS AND TYPES OF CONVENTIONAL ARMAMENTS AND EQUIPMENT PROVIDED PURSUANT TO SECTION III OF THE PROTOCOL ON INFORMATION EXCHANGE OF (State Party) VALID AS OF (date)
CHART IIIB: INFORMATION ON THE LOCATION, NUMBERS AND TYPES OF CONVENTIONAL ARMAMENTS AND EQUIPMENT PROVIDED PURSUANT TO SECTION III OF THE PROTOCOL ON INFORMATION EXCHANGE OF (State Party) VALID AS OF (date)
SECTION IV. INFORMATION ON CONVENTIONAL ARMAMENTS AND EQUIPMENT NOT IN SERVICE WITH THE CONVENTIONAL ARMED FORCES PROVIDED PURSUANT TO SECTION IV OF THE PROTOCOL ON INFORMATION EXCHANGE
1. Pursuant to Section IV of the Protocol, each State Party shall provide information on the location, number and type of its battle tanks, armoured combat vehicles, artillery, combat aircraft and attack helicopters within the area of application but not in service with its conventional armed forces.
2. For each location, the information shall reflect:
(A) The provision of Section IV of the Protocol pursuant to which the information is being provided (column b);
(B) The location (column c):
(1) In respect of conventional armaments and equipment reported pursuant to Section IV, paragraph 1, subparagraph (A), sub-subparagraphs (1), (3) and (5), of the Protocol, the geographic name and coordinates accurate to the nearest 10 seconds of sites containing such armaments and equipment; and
(2) In respect of conventional armaments and equipment reported pursuant to Section IV, paragraph 1, subparagraph (A), sub-subparagraph (2), of the Protocol, and the national designation of the administrative region or division containing such armaments and equipment;
(C) In respect of conventional armaments and equipment reported pursuant to Section IV, paragraph 1, subparagraph (A), sub-subparagraphs (1) and (2), of the Protocol, the national-level designation of organisations holding the armaments and equipment specified (column c); and
(D) For each location, the number by type under the headings specified in Chart IV (columns d to i), except as follows:
In respect of conventional armaments and equipment reported pursuant to Section IV, paragraph 1, subparagraph (A), sub-subparagraph (2), of the Protocol, only the numbers in each category shall be provided solely for the administrative region or division specified (column c).
Chart IV: INFORMATION ON THE LOCATION OF CONVENTIONAL ARMAMENTS AND EQUIPMENT PROVIDED PURSUANT TO SECTION IV OF THE PROTOCOL ON INFORMATION EXCHANGE OF (State Party) VALID AS OF (date)
SECTION V. INFORMATION ON OBJECTS OF VERIFICATION AND DECLARED SITES
1. Pursuant to Section V of the Protocol, each State Party shall provide a listing of its objects of verification and declared sites, as defined in Section I of the Protocol on Inspection. Declared sites (Chart V) shall be listed in alphabetical order and by State Party and, where applicable, by territory with a subceiling.
2. Information about each declared site shall include:
(A) A unique designator (i.e., declared site record number) (column b) which shall be used with that site for all subsequent information exchanges;
(B) The site ' name and location using geographic name and coordinates accurate to the nearest 10 seconds (column c);
(C) The point(s) of entry/exit associated with the declared site (column d);
(D) A unique sequential number and the designation and formation or unit record number of all objects of verification stationed at the declared site as specified in Section III of this Annex (column e). Unique sequential numbers shall be assigned such that the number assigned to the last object of verification appearing in the listing shall equal the State Party's total number of objects of verification; and
(E) The overall number of conventional armaments and equipment in each category specified in Section III of the Protocol held at the declared site and by each object of verification (columns f to p) and specifying, in addition:
(1) Conventional armaments and equipment held in each category on the declared site belonging to an object of verification located at another declared site, specifying the designation and formation or unit record number of each such object of verification (column e); and
(2) Conventional armaments and equipment not belonging to an object of verification shall be identified with the following notations immediately following/below each such entry in columns f to p:
(a) Armaments and equipment held by organisations designed and structured to perform in peacetime internal security functions, with the notation "security";
(b) Decommissioned armaments and equipment, with the notation "decommissioned";
(c) Armaments and equipment awaiting or being refurbished for export or re-export, with the notation "export";
(d) Reduced armaments and equipment awaiting conversion, with the notation "reduced"; and
(e) Armaments and equipment used exclusively for research and development, with the notation "research."
3. The last entry in Chart V shall indicate the passive declared sites inspection quota of the State Party for the following Treaty year.
CHART V: INFORMATION ON OBJECTS OF VERIFICATION AND DECLARED SITES OF (State Party) VALID AS OF (date)
4. Each State Party shall provide a listing of points of entry/exit (Chart VI). The listing shall assign a unique sequential numerical designator (column b) which shall be used to indicate the point(s) of entry/exit for each site provided pursuant to paragraph 2, subparagraph (C), of this Section. The location shall include the geographic name (column c) and coordinates accurate to the nearest 10 seconds (column d). The type(s) of transportation acceptable - "air," "sea," "ground" - for each point of entry/exit also shall be specified (column e).
CHART VI: POINTS OF ENTRY/EXIT (POE) OF (State Party) VALID AS OF (date)
CHART I: COMMAND ORGANISATION OF THE LAND FORCES AND AIR AND AIR DEFENCE AVIATION FORCES OF (State Party) VALID AS OF (date)
Line Number | Formation or Unit Record Number | Designation of formation or Unit | Subordination | Peacetime Location* | Number of Personnel* | |
|
|
| 1st Higher Echelon | 2nd Higher Echelon |
|
|
(a) | (b) | (c) | (d) | (e) | (f) | (g) |
|
|
|
|
|
|
* Pursuant to Section IV, paragraph 1 of the Concluding Act of the Negotiation on Personnel Strength of Conventional Armed Forces in Europe
CHART IIA: OVERALL HOLDINGS OF BATTLE TANKS, ARMOURED COMBAT VEHICLES AND ARTILLERY SUBJECT TO NUMERICAL LIMITATION OF (State Party) VALID AS OF (date)
Line Number | Territory of a State Party and Territory with a Subceiling if Applicable | Category | Sub-category | Type | Overall Number (including in DPSSs) | Number in DPSSs |
(a) | (b) | (c) | (d) | (e) | (f) | (g) |
|
|
|
|
|
|
|
CHART IIC: OVERALL HOLDINGS OF CERTAIN CONVENTIONAL ARMAMENTS AND EQUIPEMENT SUBJECT TO THE TREATY OF (State Party) VALID AS OF (date)
Line Number | Category | Type | Overall Number |
(a) | (b) | (c) | (d) |
|
|
|
|
CHART IID: INFORMATION ON AGGREGATE NUMBER OF PERSONNEL PROVIDED IN ACCORDANCE WITH SECTION IV, PARAGRAPH 1 OF THE CONCLUDING ACT OF THE NEGOTIATION ON PERSONNEL STRENGTH OF CONVENTIONAL ARMED FORCES IN EUROPE OF (State Party) VALID AS OF (date)
Line Number | Category | Sub-category | Overall Number |
(a) | (b) | (c) | (d) |
|
|
|
CHART IIIA: INFORMATION ON THE LOCATION, NUMBERS AND TYPES OF CONVENTIONAL ARMAMENTS AND EQUIPMENT PROVIDED PURSUANT TO SECTION III OF THE PROTOCOL ON INFORMATION EXCHANGE OF (State Party) VALID AS OF (date)
Line Number | Formation or Unit Record Number | Designation of Formation or Unit | Peace-time Location | Number of Personnel* | Battle Tanks | Armoured Combat Vehicles | APC & AIFV Look-alikes | Artillery | AVLBs | Attack Helicopters | Combat Support Helicopters | Unarmed Transport Helicopters | Equipment Type |
(a) | (b) | (c) | (d) | (e) | (f) | (g) | (h) | (i) | (j) | (k) | (l) | (m) | (n) |
|
|
|
|
|
|
|
|
|
|
|
|
|
* Pursuant to Section IV, paragraph 1 of the Concluding Act of the Negotiation on Personnel Strength of Conventional Armed Forces in Europe
CHART IIIB: INFORMATION ON THE LOCATION, NUMBERS AND TYPES OF CONVENTIONAL ARMAMENTS AND EQUIPMENT PROVIDED PURSUANT TO SECTION III OF THE PROTOCOL ON INFORMATION EXCHANGE OF (State Party) VALID AS OF (date)
Line Number | Formation or Unit Record Number | Designation of Formation or Unit | Peacetime Location | Number of Personnel* | Combat Aircraft | Reclassified CCT Aircraft | Primary Trainer Aircraft | Attack Helicopters | Combat Support Helicopters | Unarmed Transport Helicopters | Other | Equipment Type |
(a) | (b) | (c) | (d) | (e) | (f) | (g) | (h) | (i) | (j) | (k) | (l) | (m) |
|
|
|
|
|
|
|
|
|
|
|
|
* Pursuant to Section IV, paragraph 1 of the Concluding Act of the Negotiation on Personnel Strength of Conventional Armed Forces in Europe
Chart IV: INFORMATION ON THE LOCATION OF CONVENTIONAL ARMAMENTS AND EQUIPMENT PROVIDED PURSUANT TO SECTION IV OF THE PROTOCOL ON INFORMATION EXCHANGE OF (State Party) VALID AS OF (date)
Line Number | Protocol Reference | Location | Battle Tanks | Armoured Combat Vehicles | Artillery | Attack Helicopters | Combat Aircraft | Equipment Type | Number of Personnel* |
(a) | (b) | (c) | (d) | (e) | (f) | (g) | (h) | (i) | (j) |
|
|
|
|
|
|
|
|
|
* Pursuant to Section IV, paragraph 1 of the Concluding Act of the Negotiation on Personnel Strength of Conventional Armed Forces in Europe
CHART V: INFORMATION ON OBJECTS OF VERIFICATION AND DECLARED SITES OF (State Party) VALID AS OF (date)
Line Number | Record Number | Location of Declared Site | Point of Entry/ Exit | Object of Verification | Battle Tanks | Armoured Combat Vehicles | APC & AIFV Look-alikes | Artillery | AVLBs | Attack Helicopters | Combat Support Helicopters | Unarmed Transport Helicopters | Combat Aircraft | Reclassified CCT Aircraft | Primary Trainer Aircraft | Equipment Type |
(a) | (b) | (c) | (d) | (e) | (f) | (g) | (h) | (i) | (j) | (k) | (l) | (m) | (n) | (o) | (p) | (q) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
CHART VI: POINTS OF ENTRY/EXIT (POE) OF (State Party) VALID AS OF (date)
Line Number | POE Record Number | Name of POE | Location | Type(s) |
(a) | (b) | (c) | (d) | (e) |
|
|
|
|
|
Article 27
The Protocol on Inspection shall be deleted and replaced by the following:
"PROTOCOL ON INSPECTION
The States Parties hereby agree on procedures and other provisions governing the conduct of inspections as provided for in Article XIV of the Treaty on Conventional Armed Forces in Europe.
SECTION I. DEFINITIONS
1. For the purposes of the Treaty:
(A) The term "inspected State Party" means a State Party on whose territory an inspection is carried out in compliance with Article XIV of the Treaty:
(1) In the case of inspection sites where conventional armaments and equipment limited by the Treaty of only one State Party are present, that State Party shall exercise, in compliance with the provisions of this Protocol, the rights and obligations of the inspected State Party as set forth in this Protocol for the duration of the inspection within that inspection site where its conventional armaments and equipment limited by the Treaty are located; and
(2) In the case of inspection sites containing conventional armaments and equipment limited by the Treaty of more than one State Party, each such State Party shall exercise, in compliance with the provisions of this Protocol, each in respect of its own conventional armaments and equipment limited by the Treaty, the rights and obligations of the inspected State Party as set forth in this Protocol for the duration of the inspection within that inspection site where its conventional armaments and equipment limited by the Treaty are located;
(B) The term "host State Party" means a State Party receiving on its territory within the area of application conventional armaments and equipment in service with the conventional armed forces of another State Party;
(C) The term "inspecting State Party" means a State Party which requests and is therefore responsible for carrying out an inspection;
(D) The term "inspector" means an individual designated by one of the States Parties to carry out an inspection and who is included on that State Party's accepted list of inspectors in accordance with the provisions of Section III of this Protocol;
(E) The term "transport crew member" means an individual who performs duties related to the operation of a transportation means and who is included on a State Party's accepted list of transport crew members in accordance with the provisions of Section III of this Protocol;
(F) The term "inspection team" means a group of inspectors from one or more States Parties led by a representative of the inspecting State Party to conduct a particular inspection;
(G) The term "escort team" means a group of individuals assigned by an inspected State Party to accompany and to assist inspectors conducting a particular inspection, as well as to assume other responsibilities as set forth in this Protocol. In the case of an inspection of the conventional armaments and equipment limited by the Treaty of one State Party that is on the territory of another State Party, each of the two States Parties shall designate individuals that shall be included in the escort team, unless otherwise agreed between them;
(H) The term "inspection site" means an area, location or facility where an inspection is carried out;
(I) The term "object of verification" means:
(1) Any formation or unit at the organisational level of brigade/regiment, wing/air regiment, independent battalion/artillery battalion, independent squadron or equivalent as well as any separately located battalion/squadron or equivalent unit at the next level of command below the brigade/regiment, wing/air regiment level holding conventional armaments and equipment limited by the Treaty at a location notified pursuant to Section III, paragraph 1, subparagraph (A), of the Protocol on Information Exchange;
(2) Any designated permanent storage site, military storage site not organic to formations and units referred to in sub-subparagraph (1) of this subparagraph, independent repair or maintenance unit, military training establishment or military airfield at which conventional armaments and equipment limited by the Treaty are notified pursuant to Section III, paragraph 3, subparagraphs (A) and (B), of the Protocol on Information Exchange as being permanently or routinely present;
(3) A reduction site for conventional armaments and equipment limited by the Treaty as notified pursuant to Section III, paragraph 3, subparagraph (C), of the Protocol on Information Exchange;
(4) In the case of units below the level of battalion holding conventional armaments and equipment limited by the Treaty that are directly subordinate to a unit or formation above the level of brigade/regiment or equivalent, that unit or formation to which the units below the level of battalion are subordinated shall be considered an object of verification, if it has no subordinate unit or formation at the level of brigade/regiment or equivalent; and
(5) A formation or unit holding conventional armaments and equipment subject to the Treaty, but not in service with the conventional armed forces of a State Party shall not be considered an object of verification;
(J) The term "military airfield" means a permanent military complex, not otherwise containing an object of verification, at which the frequent operation, i.e., launch and recovery, of at least six combat aircraft or combat helicopters limited by the Treaty or subject to internal inspection is routinely performed;
(K) The term "military training establishment" means a facility, not otherwise containing an object of verification, at which a military unit or subunit using at least 30 conventional armaments and equipment limited by the Treaty or more than 12 of any single category of conventional armaments and equipment limited by the Treaty is organised to train military personnel;
(L) The term "military storage site" not organic to formations and units identified as objects of verification means any storage site, other than designated permanent storage sites or sites subordinate to organisations designed and structured for internal security purposes, holding conventional armaments and equipment limited by the Treaty without respect to organisational or operational status. Conventional armaments and equipment limited by the Treaty contained in such sites shall constitute a portion of the permitted holdings counted in active units pursuant to the Protocol on National Ceilings;
(M) The term "declared site" means a facility or precisely delineated geographic location which contains one or more objects of verification. A declared site shall consist of all territory within its man-made or natural outer boundary or boundaries as well as associated territory comprising firing ranges, training areas, maintenance and storage areas, helicopter airfields and railroad loading facilities at 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;
(N) The term "specified area" means an area anywhere on the territory of a State Party within the area of application other than a site inspected pursuant to Section VII, X or XI of this Protocol within which a challenge inspection is conducted pursuant to Section VIII of this Protocol. A specified area shall not exceed 65 square kilometres. No straight line between any two points in that area shall exceed 16 kilometres;
(O) The term "designated area" means a single area on the territory of a State Party within the area of application within which an inspection pursuant to Section IX of this Protocol is conducted.
In the case of an inspection pursuant to Section IX, paragraph 3, of this Protocol, the size of a designated area shall not exceed either twice the area notified pursuant to Section XVIII, paragraph 3, of the Protocol on Information Exchange or 10,000 square kilometres, whichever is smaller, but shall not be smaller than 1,000 square kilometres. If the size of the notified area is less than or equal to 5,000 square kilometres, the designated area shall include the entire notified area. If the size of the notified area is greater than 5,000 square kilometres, at least half of the designated area shall overlap with the notified area. The designated area shall be configured so that no straight line between any two points within the area exceeds 350 kilometres unless the configuration of the area notified pursuant to Section XVIII, paragraph 3, of the Protocol on Information Exchange permits a straight line of maximum length between any two points within the notified area to exceed 350 kilometres, in which case the designated area may be configured to contain a straight line that falls along the maximum length straight line in the notified area and shall be of no greater length;
In the case of an inspection pursuant to Section IX, paragraphs 4 and 5, of this Protocol the size of a designated area shall not exceed 10,000 square kilometres. At least 25 percent of the designated area shall overlap with the notified area. The designated area shall be configured so that no straight line between any two points within the area exceeds 350 kilometres unless the configuration of the area notified pursuant to Section XVIII, paragraph 4, of the Protocol on Information Exchange permits a straight line of maximum length between any two points within the notified area to exceed 350 kilometres, in which case the designated area may be configured to contain a straight line that falls along the maximum length straight line in the notified area and shall be of no greater length;
(P) The term "sensitive point" means any equipment, structure or location which has been designated to be sensitive by the inspected State Party or the State Party exercising the rights and obligations of the inspected State Party through the escort team and to which access or overflight may be delayed, limited or refused;
(Q) The term "point of entry/exit" means a point designated by a State Party on whose territory an inspection is to be carried out, through which inspection teams and transport crews arrive on the territory of that State Party and through which they depart from the territory of that State Party;
(R) The term "in-country period" means the total time spent continuously on the territory of the State Party where an inspection is carried out by an inspection team for inspections pursuant to Sections VII and VIII of this Protocol from arrival of the inspection team at the point of entry/exit until the return of the inspection team to a point of entry/exit after completion of that inspection team's last inspection;
(S) The term "passive declared site inspection quota" means the total number of inspections of objects of verification pursuant to Section VII of this Protocol that each State Party shall be obliged to receive within a Treaty year at inspection sites where its objects of verification are located;
(T) The term "passive challenge inspection quota" means the maximum number of challenge inspections within specified areas pursuant to Section VIII of this Protocol that each State Party with territory within the area of application shall be obliged to receive within a Treaty year;
(U) The term "active inspection quota" means the total number of inspections pursuant to Sections VII and VIII of this Protocol that each State Party shall be entitled to conduct within a Treaty year;
(V) The term "certification site" means a clearly designated location where the certification of recategorised multi-purpose attack helicopters and reclassified combat-capable trainer aircraft in accordance with the Protocol on Helicopter Recategorisation and the Protocol on Aircraft Reclassification takes place;
(W) The term "calendar reporting period" means a period of time defined in days during which the intended reduction of the planned number of items of conventional armaments and equipment limited by the Treaty in accordance with Article VIII of the Treaty is to be carried out.
SECTION II. GENERAL OBLIGATIONS
1. For the purpose of ensuring verification of compliance with the provisions of the Treaty, each State Party shall facilitate inspections pursuant to this Protocol.
2. In the case of conventional armaments and equipment in service with the conventional armed forces of a State Party in the area of application on the territory of another State Party, such States Parties shall, in fulfilment of their respective responsibilities, cooperatively ensure compliance with the relevant provisions of this Protocol. Each State Party shall be fully responsible for compliance with the Treaty obligations in respect of its conventional armaments and equipment in service with its conventional armed forces on the territory of another State Party.
3. The escort team shall be placed under the responsibility of the inspected State Party:
(A) In the case of inspection sites at which conventional armaments and equipment limited by the Treaty only of a State Party other than the State Party on whose territory the inspection is being carried out are present, and are under the command of that State Party only, the escort team shall be placed under the responsibility of a representative of that State Party for the duration of the inspection within that inspection site where the State Party's conventional armaments and equipment limited by the Treaty are located;
(B) In the case of inspection sites containing conventional armaments and equipment limited by the Treaty of both the State Party on whose territory the inspection is being carried out and another 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 other State Party are actually inspected. During the inspection within that inspection site, the State Party on whose territory the inspection is being carried out 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 other State Party, which shall be exercised by that State Party;
(C) With the agreement of the State Party on whose territory an inspection is to be carried out in respect of conventional armaments and equipment limited by the Treaty of another State Party, that State Party shall assist the host State Party in the provision of security protection to both the inspection team and the escort team for the duration of the inspection.
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 materiel 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 Treaty year 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. The passive declared site inspection quota shall be equal to 20 percent, rounded to the nearest whole number, of that 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 a number of challenge inspections up to 23 percent, rounded to the nearest whole number, 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 other States Parties.
12. Notwithstanding any other limitations in this Section, each State Party shall be obliged to accept a minimum of one inspection each Treaty 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 Treaty year within a specified area pursuant to Section VIII of this Protocol.
13. The cost of inspections conducted pursuant to Sections VII and VIII of this Protocol shall be covered as follows:
(A) A number of inspections equal to 75 percent of the passive declared site inspection quota, rounded to the nearest whole number but not less than one inspection pursuant to Section VII and one inspection pursuant to Section VIII of this Protocol shall be conducted at the expense of the inspected State Party; and
(B) A number of inspections equal to 25 percent of the passive declared site inspection quota, rounded to the nearest whole number, shall be conducted at the expense of the inspecting States Parties. The modalities for such payment shall be decided by the Joint Consultative Group.
14. The inspections pursuant to Section IX shall be conducted at the expense of the inspected State Party.
15. Each Treaty year the Russian Federation shall accept in addition to its passive declared site inspection quota calculated pursuant to paragraph 10 of this Section, up to a total of 10 supplementary declared site inspections conducted at the expense of the inspecting States Parties, allocated as follows:
(A) Up to four inspections to the area consisting of the Pskov oblast; the Volgograd oblast; the Astrakhan oblast; that part of the Rostov oblast east of the line extending from Kushchevskaya to Volgodonsk to the Volgograd oblast border, including Volgodonsk; and Kushchevskaya and a narrow corridor in Krasnodar kray leading to Kushchevskaya;
(B) Up to six inspections to the area consisting of the Leningrad Military District and North Caucasus Military District, excluding the area described in subparagraph (A) of this paragraph.
16. Each Treaty year Ukraine shall accept in addition to its passive declared site inspection quota calculated pursuant to paragraph 10 of this Section, up to one supplementary declared site inspection in the Odessa oblast conducted at the expense of the inspecting State Party.
17. The number of supplementary declared site inspections conducted at declared sites pursuant to paragraph 15 or 16 of this Section shall not exceed the number of declared site passive quota inspections conducted at declared sites located in the areas specified in paragraphs 15 and 16 of this Section in the course of the same Treaty year.
18. 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.
19. The proportion of inspections pursuant to Section VII of this Protocol on the territory of a State Party used to inspect objects of verification belonging to another State Party shall be no greater than the proportion which that State Party's objects of verification constitute of the total number of objects of verification located on the territory of that host State Party.
20. The number of inspections pursuant to Section VII of this Protocol of objects of verification 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.
21. 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.
22. 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.
23. Subject to the limitations in paragraph 22 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.
24. 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.
25. Each State Party 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, VIII and IX of this Protocol.
26. Each State Party shall be obliged to accept simultaneously no more than two inspection teams conducting inspections of its conventional armed forces pursuant to Sections VII, VIII and IX of this Protocol.
27. No State Party shall be obliged to accept inspections pursuant to Sections VII and VIII of this Protocol representing more than 50 percent of its passive declared site inspection quota in a Treaty year from the same State Party.
28. Each State Party shall have the right to conduct inspections within the area of application on the territory of other States Parties. Each State Party shall notify to all other States Parties its active inspection quota for each Treaty year, no later than 15th day of January.
29. Without prejudice to the right to conduct inspections and to the principle that the verification of compliance is a national prerogative, as a general practice inspections may be multinational in character. The States Parties may coordinate their inspection activities as they deem appropriate. The States Parties shall ensure equal treatment of the inspectors regardless of their nationality and gender.
30. Each State Party shall provide all other States Parties no later than the 15th day of December each year with a list of its officially recognised holidays for the subsequent calendar year.
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, twice every year, if possible by the first day of April and the first day of October, each State Party may 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. Each State Party shall provide all other States Parties annually, no later than the 15th day of December, with a consolidated list of inspectors and transport crew members, which shall include all changes highlighted that have been notified and accepted since the submission of the previous consolidated list. Notifications to correct typing errors may be provided at any time.
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 changes 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. Each year no later than 15th day of December, each State Party shall provide notification to all other States Parties of the standing diplomatic clearance numbers for their transportation means of 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 commercial airport, if possible operating international flights, shall be notified as a point of entry/exit associated with each declared site. The location of any point of entry/exit notified as associated with a declared site shall be such as to allow access to that declared site within the time specified in Section VII, paragraph 8, of this Protocol. Each State Party may designate additional points of entry/exit to facilitate the conduct of inspections.
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 Organization for Security and Co-operation 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 pursuant to Section VII of this Protocol of conventional armed forces of a State Party other than the State Party on whose territory the inspection is to be carried out, that State Party shall also be notified, regardless of whether it will be the first or a sequential inspection.
In the case of inspection pursuant to Section IX of this Protocol, the inspecting State Party shall notify the host State Party.
In the case of inspection of certification or reduction procedures carried out by a State Party on the territory of another State Party, the inspecting State Party shall simultaneously notify the host State Party and the other State Party.
2. For inspections conducted pursuant to Sections VII and VIII of this Protocol, such notifications shall be made in accordance with Article XVII of the Treaty no less than 36 hours in advance of the estimated time of arrival of the inspection team at the point of entry/exit on the territory of the State Party where an inspection is to be carried out and shall include:
(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 XIV of this Protocol;
(H) The full names of inspectors and transport crew members, their gender, date of birth, place of birth, nationality and passport number;
(I) The likely number of sequential inspections; and
(J) Whether the inspection is to be at the expense of the inspected State Party.
3. For inspections conducted pursuant to Section IX of this Protocol, such notifications shall be made in accordance with Article XVII of the Treaty no less than 36 hours in advance of the estimated time of arrival of the inspection team at the point of entry/exit on the territory of the State Party where an inspection is to be carried out and shall include:
(A) The designated point of entry/exit nearest to or within the designated area capable of receiving the inspecting State Party's chosen means of transportation;
(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 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 designated area;
(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 XIV of this Protocol;
(H) The full names of inspectors and transport crew members, their gender, date of birth, place of birth, nationality and passport number.
4. For inspections conducted pursuant to Sections X and XI 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 X, paragraph 3, or Section XI, 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 XIV of this Protocol; and
(G) The full names of inspectors and transport crew members; their gender, date of birth, place of birth, nationality and passport number.
5. 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.
6. An inspected State Party receiving a notification of intent to inspect shall immediately upon its receipt notify all other States Parties in accordance with Article XVII of the Treaty of the type of the inspection requested and the estimated time of arrival of the inspection team at the point of entry/exit. In the case of inspection pursuant to Section VII or VIII of this Protocol the available passive declared site inspection quota, the likely number of sequential inspections and the State Party covering the cost of each inspection shall be included.
7. 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.
8. 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 inspection site.
9. 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 International Civil Aviation Organization regulated Aeronautical Fixed Telecommunication Network shall be considered one of the official channels for submission of the flight plans. The flight plan shall be filed in accordance with the procedures of the International Civil Aviation Organization applicable to civil aircraft. The inspecting State Party shall include in the remarks Section of each flight plan the standing diplomatic clearance number and the notation: "CFE inspection aircraft. Priority clearance processing required".
10. No more than three hours following the receipt of a flight plan that has been filed in accordance with paragraph 9 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.
11. If an inspection team travelling by means of ground transportation to or from the territory of the inspected State Party intends to transit through the territory of another State Party, the transited State Party shall be provided well in advance with the information relevant to its obligations pursuant to paragraph 5, subparagraph (A), of Section XV of this Protocol. As a minimum, such information should include the cross-border points, the estimated time of crossing each border, the means of transportation to be used by the inspection team, the names of the inspectors and drivers, their nationalities and passport numbers.
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 18 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. Inspections may be delayed in cases of force majeure. In case the inspected State Party or the State Party exercising the rights and obligations of the inspected State Party delays an inspection on grounds of force majeure, it shall, in written form, explain the reasons for this delay in detail and the estimated duration of the delay, as follows:
(A) If force majeure is declared prior to the arrival of the inspection team, through the answer to the relevant notification of intent to inspect;
(B) If force majeure is declared after the arrival of the inspection team at the point of entry/exit, the explanation should be presented to the inspection team and as soon as possible through diplomatic channels or other official channels to all States Parties.
2. In case of a delay due to force majeure, the provisions of Section XIII, paragraph 2, of this Protocol shall apply.
3. An inspection team may include inspectors from States Parties other than the inspecting State Party.
4. For inspections conducted in accordance with Sections VII, VIII, X and XI of this Protocol, an inspection team shall consist of up to nine inspectors and may divide itself into up to three sub-teams.
5. For inspections conducted in accordance with Section IX of this Protocol, an inspection team shall consist of up to 20 inspectors or of five inspectors from the inspecting State Party plus one inspector from each of the remaining States Parties interested in participating in such inspection, whichever is greater. No State Party shall have more than nine inspectors in an inspection team. An inspection team may divide itself into up to four sub-teams.
6. Inspectors and escort team members shall wear some clear identification of their respective roles.
7. 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.
8. The number of transport crew members shall not exceed 10.
9. 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.
10. 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.
11. 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.
12. 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), paragraph 3, subparagraph (F), and paragraph 4, 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.
13. No information obtained during inspections shall be publicly disclosed without the express consent of the inspecting State Party.
14. 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.
15. 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 Parry will be permitted to use its own land vehicles.
16. If an emergency arises that necessitates travel of inspectors from an inspection site to a point of entry/exit or to the embassy or consulate of the inspecting State Party on the territory of the State Party where an inspection is carried out, the inspection team shall so notify the escort team, which shall promptly arrange such travel, and if necessary, shall provide appropriate means of transportation.
17. The inspected State Party shall provide for the exclusive use by the inspection team at the inspection site an administrative area for storage of equipment and supplies, report writing, rest breaks and meals.
18. 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.
19. In the case of an inspection conducted pursuant to Section VII, VIII or IX 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 for each sub-team.
20 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 Section VII, VIII or IX of this Protocol.
21. 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.
22. 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.
23. The duration of such helicopter overflights at an inspection site shall not exceed a cumulative total of one hour in the case of an inspection pursuant to Section VII or VIII and seven hours in the case of an inspection pursuant to Section IX of this Protocol, unless otherwise agreed between the inspection team and the escort team.
24. 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 18 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.
25. 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.
26. Except as provided for in paragraphs 27 to 32 of this Section, during an inspection of an object of verification or within a specified area or within a designated area, inspectors shall be permitted access, entry and unobstructed inspection:
(A) In the case of a specified area, within the entire area excluding declared sites within the boundary of the area, if any; or
(B) In the case of a designated area, within the entire area including declared sites within the boundary of the area; or
(C) 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.
27. During an inspection of an object of verification or within a specified area or within a designated area pursuant to Section VII, VIII or IX of this Protocol and subject to the provisions of paragraph 28 of this Section, inspectors shall have the right, within the areas cited in paragraph 26 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.
28. During an inspection of an object of verification or within a specified area or a designated area pursuant to Section VII, VIII or IX 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 27 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.
29. During an inspection of an object of verification or within a specified area or a designated area pursuant to Section VII, VIII or IX of this Protocol, except as provided in paragraphs 30 to 36 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.
30. The inspected State Party shall have the right to shroud individual sensitive items of equipment.
31. 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.
32. 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 31 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.
33. If, during an inspection of an object of verification or within a specified area pursuant to Section VII or VIII of this Protocol, a helicopter of a type that is or has been on the multi-purpose attack helicopter list in the Protocol on Existing Types is present at an inspection site and is declared by the escort team to be a combat support helicopter, or if an Mi-24R or Mi-24K helicopter is present at an inspection site and is declared by the escort team to be limited pursuant to Section I, paragraph 3, of the Protocol on Helicopter Recategorisation, such a helicopter shall be subject to internal inspection in accordance with Section X, paragraphs 4 to 6, of this Protocol.
34. 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 X, paragraphs 4 and 5, of this Protocol.
35. If, during an inspection of an object of verification or within a specified area or within a designated area pursuant to Section VII, VIII or IX 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.
36. If, during an inspection of an object of verification or within a specified area pursuant to Section VII or VIII of this Protocol, armaments and 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 armaments and equipment to confirm that they have been reduced in accordance with the procedures specified in Sections III to XII of the Protocol on Reduction. If, during an inspection within a designated area pursuant to Section IX of this Protocol, battle tanks, armoured combat vehicles or artillery 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 battle tanks, armoured combat vehicles or artillery to confirm that they have been reduced in accordance with the procedures specified in Sections III to XII of the Protocol on Reduction.
37. 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 mm cameras and to cameras capable of producing instantly developed photographic prints. The inspection team shall advise the escort team in advance whether it plans to take photographs. The escort team shall cooperate with the inspection team's taking of photographs.
38. Photography of sensitive points shall be permitted only with the approval of the escort team.
39. Except as provided for in paragraph 41 of this Section, photography of interiors of structures other than storage sites specified in paragraph 37 of this Section shall be permitted only with the approval of the escort team.
40. 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.
41. 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 38 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 XIV of this Protocol.
42. For inspections conducted pursuant to Sections VII, VIII and IX of this Protocol, the inspection shall be deemed to have been completed once the inspection report has been signed and countersigned.
43. No later than completion of an inspection at a declared site or within a specified area, the inspection team shall inform the escort team whether the inspection team intends to conduct a sequential inspection. If the inspection team intends to conduct a sequential inspection, the inspection team shall designate at that time the next inspection site. In such cases, subject to the provisions in Section VII, paragraphs 6 and 20, 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. The time-limits specified in Section VII, paragraph 8, or Section VIII, paragraph 6, subparagraph (B), of this Protocol, whichever is applicable, shall apply. If the inspection team does not intend to conduct a sequential inspection, then the provisions in paragraphs 45 and 46 of this Section shall apply.
44. 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 12, subparagraph (A), of this Protocol, is the temporary location of battle tanks, armoured combat vehicles, artillery, combat helicopters or combat aircraft which were absent during inspection of an object of verification at the preceding inspection site, if such conventional armaments and equipment constitute more than 15 percent of the number of such conventional armaments and equipment notified in the most recent notification pursuant to the Protocol on Information Exchange; or
(E) At the declared site which the inspected State Party claims, pursuant to Section VII, paragraph 12, subparagraph (B), of this Protocol, is the site of origin for battle tanks, armoured combat vehicles, artillery, combat helicopters or combat aircraft at the preceding inspection site which are in excess of the number provided in the most recent notification pursuant to the Protocol on Information Exchange as being present at that preceding inspection site, if such conventional armaments and equipment exceed by 15 percent the number of such conventional armaments and equipment so notified.
45. After completion of an inspection at a declared site or within a specified area, if no sequential inspection has been declared, or after completion of an inspection within a designated area, 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.
46. 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.
47. In the case of inspections conducted pursuant to Section VII and/or VIII of this Protocol, the inspected State Party shall, not later than 72 hours after the departure of the inspection team upon completion of the inspection or inspections, notify all other States Parties of the number of inspections conducted, of the declared sites and objects of verification or specified areas that have been inspected, the State Party covering the cost of each inspection, its remaining passive declared site inspection quota as a total number and the number of inspections to be conducted at the expense of the inspecting State Party.
In the case of an inspection conducted pursuant to Section IX, the State Party on whose territory the inspection was conducted shall notify all other States Parties not later than 72 hours after the departure of the inspection team of the designated area that has been inspected.
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 or in accordance with Section II, paragraphs 7, 25 and 26, of this Protocol. In the case of force majeure the provisions of Section VI, paragraph 1, of this Protocol shall apply.
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 IV, paragraph 2, of this Protocol the desired ground border crossing point or seaport as point of entry/exit. The inspected State Party shall indicate in its acknowledgement of receipt of notification, as provided for in Section IV, paragraph 5, 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, as defined in Section I, paragraph 1, subparagraph (M), of this Protocol the inspection team shall be escorted to a briefing facility where it shall be provided with a diagram of the declared site. The diagram of the declared site, provided upon arrival at the declared site, in addition to the elements described in the definition of the declared site, shall contain an accurate depiction of:
(A) A reference point within the boundary of the declared site which is accessible within the inspection site, showing its geographic coordinates, rounded up to the nearest 10 seconds, with an indication of true north;
(B) The scale used in the site diagram, which should be large enough to allow an accurate depiction of its elements listed in this Section;
(C) A clear indication of the perimeter of the declared site and its area in square kilometres;
(D) Precisely delineated boundaries of those areas belonging exclusively to each object of verification at the declared site, indicating also the relevant 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) The major buildings and roads on the declared site;
(F) The entrances to the declared site;
(G) The location of the administrative area, medical and mess facilities, and helicopter landing site, if applicable, to be used by the inspection team; and
(H) Any additional information deemed useful by the inspected State Party.
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;
(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; and
(D) Information pursuant to Section VI, paragraph 2, of the Concluding Act of the Negotiation on Personnel Strength of Conventional Armed Forces in Europe.
11. At the discretion of the inspected State Party the pre-inspection briefing may allow for a separate diagram of the area of the object of verification subject to inspection or an elaboration of the declared site diagram to be provided to the inspection team. That diagram shall depict the following elements:
(A) All the territory belonging to the declared site with an outline clearly indicating the boundaries of those areas belonging exclusively to the object of verification subject to inspection, including all separately located territory 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 and armoured vehicle launched bridges belonging to it and present at the inspection site are located;
(B) True north;
(C) The scale used, which should be large enough to allow an accurate depiction of the elements listed in this Section;
(D) All roads and major buildings, highlighting also:
(1) The location of all conventional armaments and equipment subject to the Treaty present at the inspection site;
(2) Those buildings with doors wider than two metres; and
(3) The barracks and mess facilities used by personnel of the object of verification subject to inspection and by all other units located in common areas of the declared site;
(E) All entrances to the object of verification subject to inspection, including those permanently or temporarily inaccessible; and
(F) Any additional information deemed useful by the inspected State Party.
12. The pre-inspection briefing shall include an explanation of any differences between the numbers of battle tanks, armoured combat vehicles, artillery, combat aircraft or combat helicopters 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, the date of departure and the expected date of return 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.
13. In addition, the pre-inspection briefing shall include information on the total number of armoured personnel carrier ambulances present at the inspection site.
14. Notwithstanding the provisions of Section VI, paragraph 44, subparagraph (D), of this Protocol, if the conventional armaments and equipment reported under paragraph 12, subparagraph (A) above, absent from the object of verification constitute more than 30 conventional armaments and equipment limited by the Treaty or more than 12 of any single category, the inspection team shall have the right, as part of the same inspection of that object of verification, to visit one of the locations within the territory of the inspected State Party which the inspected State Party claims is the temporary location of such battle tanks, armoured combat vehicles, artillery, combat helicopters or combat aircraft in order to inspect the armaments and equipment if that location is within 60 kilometres of the inspection site. The travel time shall not count against that inspection team's in-country period.
The provision of this paragraph shall not apply when a territorial ceiling or a territorial subceiling has been exceeded as a result of a military exercise or a temporary deployment when such a location is either in an area notified pursuant to Section XVIII, paragraph 3 or 4, of the Protocol on Information Exchange or in a designated area declared pursuant to Section IX, paragraph 12, of this Protocol.
15. 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 subject to the Treaty belonging to that object of verification are permanently assigned.
16. 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.
17. 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.
18. If conventional armaments and equipment limited by the Treaty are present within areas of a declared site not delineated on the site diagram as belonging exclusively to one object of verification, the escort team shall inform the inspection team to which object of verification such conventional armaments and equipment belong.
19. 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.
20. 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 12 of this Section.
SECTION VIII. CHALLENGE INSPECTION WITHIN A SPECIFIED AREA
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. Declared sites located within the boundaries of a specified area shall not be subject to inspection in accordance with this Section. 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 area. The inspection team shall have the right, as part of that request, to identify any structure or 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 materiel 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, 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 visual 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 inspection team shall have the right to designate another specified area or declared site for inspection or to declare the inspection concluded.
SECTION IX. INSPECTION WITHIN A DESIGNATED AREA
1. An inspection in a designated area shall be in response to the notification of an exceeded territorial ceiling or a territorial subceiling as a result of a military exercise or a temporary deployment. Thus, notwithstanding the provisions of Section VI, paragraphs 27, 28 and 29, of this Protocol, battle tanks, armoured combat vehicles and artillery shall be the subject of this inspection; but observation of combat aircraft and attack helicopters shall be permitted.
2. An inspection within a designated area shall not be refused. Such inspection shall have priority over any inspection notified subsequently to be conducted in the same area pursuant to Section VII or VIII of this Protocol, which shall be carried out after the completion of the inspection within the designated area. In cases of force majeure, the provisions of Section VI, paragraph 1, of this Protocol shall apply.
3. When, as a result of a military exercise:
(A) A territorial ceiling or a territorial subceiling of a State Party is exceeded on a temporary basis for more than 21 days, that State Party shall accept one inspection within a designated area. The inspection may take place no earlier than seven days after a territorial ceiling or a territorial subceiling was notified to be exceeded and may be conducted no later than seven days following the notification provided pursuant to Section XVIII, paragraph 5, of the Protocol on Information Exchange; and
(B) A territorial ceiling or a territorial subceiling of a State Party continues to be exceeded on a temporary basis for more than 42 days, that exercise shall be considered a temporary deployment and shall be subject to an additional inspection no earlier than 60 days after a territorial ceiling or a territorial subceiling was notified to be exceeded. Any subsequent inspections shall take place not earlier than day 150 of the exceeding of a territorial ceiling or a territorial subceiling and thereafter every 90 days.
4. When a territorial ceiling or a territorial subceiling of a State Party has been temporarily exceeded as a result of temporarily deployed battle tanks, armoured combat vehicles or artillery at or below the level of 153 battle tanks, 241 armoured combat vehicles or 140 pieces of artillery:
(A) That State Party shall accept one inspection within a designated area not earlier than day 30 of the exceeding of a territorial ceiling or a territorial subceiling;
(B) If the exceeding of a territorial ceiling or a territorial subceiling continues, that State Party shall accept a second inspection within a designated area no earlier than day 90 of the exceeding of a territorial ceiling or territorial subceiling; and
(C) If the exceeding of a territorial ceiling or a territorial subceiling continues, that State Party shall accept a third inspection within a designated area no earlier than day 180 of the exceeding of a territorial ceiling or territorial subceiling, and thereafter one additional inspection within a designated area after every 90 days.
5. When a territorial ceiling of a State Party has been temporarily exceeded as a result of temporarily deployed battle tanks, armoured combat vehicles or artillery above the level of 153 battle tanks, 241 armoured combat vehicles or 140 pieces of artillery:
(A) That State Party shall accept one inspection within a designated area not earlier than day 27 of the exceeding of a territorial ceiling;
(B) If the exceeding of the territorial ceiling continues, that State Party shall accept a second inspection within a designated area no earlier than day 75 of the exceeding of the territorial ceiling; and
(C) If the exceeding of the territorial ceiling continues, that State Party shall accept a third inspection within a designated area no earlier than day 180 of the exceeding of the territorial ceiling and thereafter one additional inspection within a designated area after every 90 days.
6. Notwithstanding the provisions of paragraph 4 above, if a territorial ceiling is exceeded at or below the levels of 153 battle tanks, 241 armoured combat vehicles or 140 pieces of artillery the armaments and equipment shall not create an inspection obligation pursuant to this Section, if all of these armaments and equipment are properly declared at their actual temporary location on the territory of another State Party in the information exchange pursuant to Section VII, paragraph 1, subparagraph (A), of the Protocol on Information Exchange and thereafter in each annual information exchange.
7. Each State Party shall have the right to participate in an inspection within a designated area except the State Party whose territorial ceiling or subceiling is temporarily exceeded and the States Parties having conventional armaments and equipment subject to the Treaty on the territory of that State Party. As a general rule, the inspection team shall be multinational. One of the States Parties participating in the inspection team shall assume the responsibilities of the inspecting State Party in accordance with this Protocol.
8. The States Parties intending to participate in an inspection within a designated area shall cooperate in its planning.
9. In the case of inspection pursuant to paragraph 3, subparagraph (A), of this Section the following procedure shall apply:
(A) Each State Party interested in participating in an inspection shall notify all other States Parties no later than one day after the date of the exceeding of a territorial ceiling or territorial subceiling as notified pursuant to Section XVIII, paragraph 3, subparagraph (A) or (C), of the Protocol on Information Exchange. If a State Party is interested in assuming the obligations of the inspecting State Party this should be indicated in its notification. Copies of this notification shall be provided simultaneously to all delegations to the Joint Consultative Group and to the Chairman of the Joint Consultative Group;
(B) Thereafter, the States Parties which have given notification of their interest in participating in an inspection shall consult within one day in the framework of the Joint Consultative Group, unless they decide otherwise, to determine:
(1) The inspecting State Party;
(2) The composition of the inspection team, taking into consideration the provisions of Section VI, paragraph 5, of this Protocol; and
(3) Any other modalities of the inspection which they deem appropriate.
10. In the case of inspection pursuant to paragraph 4 or 5 of this Section the following procedure shall apply:
(A) Each State Party interested in participating in an inspection pursuant to paragraph 4, subparagraph (A), or paragraph 5, subparagraph (A), of this Section shall notify all other States Parties no later than nine days after the date of the exceeding of a territorial ceiling or a territorial subceiling as notified pursuant to Section XVIII, paragraph 4, subparagraph (A), of the Protocol on Information Exchange. If a State Party is interested in assuming the obligations of the inspecting State Party this should be indicated in its notification. Copies of this notification shall be provided simultaneously to all delegations to the Joint Consultative Group and to the Chairman of the Joint Consultative Group;
(B) In the event of consequent inspection pursuant to paragraph 4, subparagraph (B) or (C), or to paragraph 5, subparagraph (B) or (C), or to paragraph 3, subparagraph (B), of this Section, each State Party interested in participating in such an inspection shall notify all other States Parties no later than the nine days prior to the date when the obligation to accept such a consequent inspection is effective;
(C) Thereafter, the States Parties which have given notification, pursuant to paragraph (A) or (B) above, of their interest in participating in an inspection shall consult within three days in the framework of the Joint Consultative Group, unless they decide otherwise, to determine:
(1) The inspecting State Party;
(2) The composition of the inspection team, taking into consideration the provisions of Section VI, paragraph 5, of this Protocol; and
(3) Any other modalities of the inspection which they deem appropriate.
11. An inspection team conducting an inspection pursuant to this Section shall spend no more than 72 hours within the designated area.
12. At the number of hours after arrival at the point of entry/exit notified pursuant to Section IV, paragraph 3, 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 a designated area it wishes to inspect. Whenever a designated area is designated, the inspection team shall, as part of its inspection request, provide the escort team with a geographic description delineating the outer boundaries of the area. The inspection team shall have the right, as part of that request, to identify any structure or facility it wishes to inspect.
13. The State Party on whose territory an inspection within a designated area is requested shall, immediately upon receiving a designation of a designated area, inform all other States Parties which have forces or utilise structures or premises by agreement with the inspected State Party of that designated area, including its geographic description delineating the outer boundaries.
(A) The inspected State Party shall have the right to use up to six hours after the designation of the designated area to prepare for the inspection;
(B) The inspected State Party shall ensure that the inspection team travels to the designated 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 after the designation of the designated area, 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 cases, the inspection team shall be transported to the inspection site no later than 15 hours after the designation of the site to be inspected.
14. On arrival at the designated area the inspection team shall be escorted to a briefing facility and shall be provided with a map (scale no larger than 1:250,000) and a geographic description of the designated area, to include declared site locations, areas in which conventional armaments and equipment limited by the Treaty and subject to this inspection are deployed and their estimated numbers, helicopter landing sites and the location of the briefing facility and the administrative area for the inspectors.
15. Within one half-hour after arrival at the briefing facility in the designated area the inspection team shall 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, helicopter landing sites and communication for inspectors at the inspection site;
(C) The latest available information on the total numbers, by States Parties, of battle tanks, armoured combat vehicles and pieces of artillery actually present on the territory of the inspected State Party or a territory with a subceiling, as follows:
(1) Declared in the annual information exchange at locations on the territory of the inspected State Party or its territory with a subceiling and actually present;
(2) Not declared in the annual information exchange at locations on the territory of the inspected State Party or its territory with a subceiling, but actually present and within the corresponding territorial ceiling or territorial subceiling;
(3) Not declared in the annual information exchange at locations on the territory of the inspected State Party or territory with a subceiling but actually present in excess of the corresponding territorial ceiling or territorial subceiling.
The pre-inspection briefing shall include an explanation of any differences between the numbers of battle tanks, armoured combat vehicles or pieces of artillery actually present in excess of a territorial ceiling or a territorial subceiling and the corresponding numbers provided pursuant to Section XVIII, paragraphs 3 or 4, of the Protocol on Information Exchange;
(D) The latest available information on the total numbers, by States Parties, of battle tanks, armoured combat vehicles and pieces of artillery actually present in the designated area, as follows:
(1) Declared in the annual information exchange at locations within the designated area and actually present in the designated area;
(2) Declared in the annual information exchange at locations on the territory of the inspected State Party that are not within the designated area, but actually present in the designated area;
(3) Not declared in the annual information exchange at locations on the territory of the inspected State Party but actually present in the designated area;
(E) The latest available information on the holdings at each declared site within the designated area of battle tanks, armoured combat vehicles and artillery notified as of 1 January, reflecting any updating notification, and actually present; and
(F) Additional information that might facilitate the inspection team to conduct the inspection.
16. After the pre-inspection briefing, the inspection team shall declare the plan for the conduct of the inspection. This is without prejudice to the right of the inspection team to alter the initially declared plan in the course of the inspection.
17. During the inspection the inspection team may be provided with additional information to include briefings, charts and maps in order to facilitate the conduct of the inspection.
18. In the event that the inspection team wishes to inspect a declared site, the escort team shall, at the request of the inspection team, provide for a briefing about that declared site.
19. Within the designated area the escort team may delay access to or overflight of particular parts of that designated area. If the delay exceeds more than four hours, the time of delay in excess of four hours shall not count against the maximum time allowed within the designated area.
20. 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 materiel of the State Party utilising the structure or premises.
SECTION X. 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 XIV 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 XI. 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 VIII of the Treaty and in the Protocol on Reduction. Inspections of the process of reduction shall be conducted in a manner that does not interfere with the ongoing activities at the reduction site or unnecessarily hamper, delay or complicate the implementation of the process of reduction.
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 XIV 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 been provided in accordance with Section IV, paragraph 4, 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 armaments and 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 XII. DISPOSAL OF CONVENTIONAL ARMAMENTS AND EQUIPMENT LIMITED BY THE TREATY IN EXCESS OF REDUCTION LIABILITIES THROUGH DESTRUCTION/MODIFICATION
1. Each State Party intending to carry out disposal of battle tanks, armoured combat vehicles, artillery, combat aircraft or attack helicopters in excess of reduction liabilities through destruction/modification shall provide notification to all other States Parties no later than 15 days before the initiation of disposal. Such notification shall include information on the designation of the disposal site with geographic coordinates, the scheduled dates for initiation and for completion of the disposal, the estimated number and type of each item of equipment to be destroyed/modified, the method of destruction/modification, the suggested way of confirming the results of the process of destruction/modification as specified in paragraphs 4 and 11 of this Section.
2. The State Party which carried out a disposal through destruction/modification shall provide notification to all other States Parties no later than seven days after the completion of the disposal. Such notification shall specify the designation of the disposal site with geographic coordinates, the actual dates of the initiation and completion of the disposal process, the number of armaments and equipment disposed of, including the type and factory serial numbers of each item of equipment disposed of, and the method of destruction/modification.
3. Each State Party which carries out disposal shall provide for the confirmation of the results of the disposal, either by:
(A) Inviting an observation team in accordance with the provisions of paragraph 4 of this Section, or
(B) The use of cooperative measures in accordance with the provisions of paragraph 11 of this Section for the destruction of conventional armaments and equipment under procedures that provide sufficient visible evidence which confirms that they have been destroyed or rendered militarily unusable.
4. Each State Party which carries out a disposal shall have the right to choose one of the following modalities for an observation visit in the case of disposal of battle tanks, armoured combat vehicles, artillery, combat aircraft or attack helicopters in excess of reduction liabilities through destruction/modification:
(A) An immediate observation visit at the time of completion of each disposal process;
(B) Postponed observation visit to cover two or more disposal processes which took place within 90 days after a notification pursuant to paragraph 2 of this Section has been issued. In this case the State Party which carried out disposal through destruction/modification shall retain the destroyed/modified armaments and equipment from all disposal processes until the date of the observation visit;
(C) Invitation of an observation team to conduct an inspection to observe the disposal. Such an inspection shall be conducted in accordance with the provisions of Section VII or VIII of this Protocol, except as provided for in this Section, and shall not count as an inspection under any of the quotas established under Section II of this Protocol. Only the disposed armaments and equipment notified pursuant to paragraphs 1 and 2 of this Section shall be subject to such an inspection.
5. In the case of an observation visit the specified time for the observation visit and the point of entry/exit to be used by the observation team shall be included in the notification pursuant to paragraph 1 of this Section. The observation team shall arrive at or depart from a disposal site during the period of time specified by the inviting State Party.
6. The State Party that intends to conduct an observation visit shall notify the inviting State Party no less than seven days in advance of the estimated time of arrival of the observation team at the suggested point of entry/exit. Such notification 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) The language to be used by the observation team, which shall be a language designated in accordance with Section III, paragraph 12, of this Protocol;
(E) The full names of observers and transport crew members, their gender, date of birth, place of birth, nationality and passport number. Unless otherwise agreed the observers and transport crew members shall be drawn from the lists of inspectors and transport crew members, provided pursuant to Section III, paragraph 6, of this Protocol.
7. The State Party receiving the notification of an intended observation visit will, upon its receipt, send copies of such notification to all other States Parties.
8. The State Party which carries out disposal will provide an opportunity for observation of the final results of the process of disposal through destruction/modification by the observation team. During the observation visit, the observation team shall have the right to record the factory serial numbers of each item of equipment that has been destroyed/modified.
9. An observation visit and inspections pursuant to paragraph 4, subparagraph (C), of this Section shall be conducted at the expense of the observing State Party. The modalities for such payment will be decided on by the Joint Consultative Group.
10. Without delay the observing State Party shall inform all other States Parties about the results of the visit.
11. In the case of cooperative measures for the provision of sufficient visible evidence of the destruction of conventional armaments and equipment, the following procedures shall apply:
(A) Each item of equipment to be disposed of shall be displayed in complete assembly in a clearly delineated area where the disposal is to take place, no later than 14 days before the initiation of the actual destruction; and
(B) After destruction, the parts of each complete assembly shall be displayed in the same delineated area for a period of 14 days after the completion of the actual destruction.
SECTION XIII. 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 7, 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 designated inspection site within the time specified in Section VI, paragraph 43, or Section VII, paragraph 8, or Section VIII, paragraph 6, subparagraph (B), or Section IX, paragraph 12, of this Protocol, the inspecting State Party shall have the right to cancel the inspection. If an inspection pursuant to Section VII or VIII is cancelled under such circumstances, it shall not be counted against any quotas provided for in the Treaty.
SECTION XIV. INSPECTION REPORTS
1. In order to complete an inspection carried out in accordance with Section VII, VIII, IX, X or XI 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.
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, 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 Section IX of this Protocol shall include:
(A) The designated area defined by geographic coordinates;
(B) The date and time of arrival of the inspection team at the designated area;
(C) The date and time of departure of the inspection team from the designated area;
(D) The number and type, model or version of battle tanks, armoured combat vehicles and pieces of artillery that were observed during the inspection as a total and by States Parties.
6. Reports of inspections conducted pursuant to Sections X and XI 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.
7. The inspection report shall be written in the official language of the Organization for Security and Co-operation 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.
8. The inspecting State Party and the inspected State Party shall each retain one copy of the report. The inspecting State Party shall make the inspection report available to each State Party upon request.
9. Any State Party whose conventional armaments and equipment subject to the Treaty have been inspected shall in particular:
(A) Have the right to include written comments related to the inspection of its conventional armed forces; and
(B) Retain one copy of the inspection report in the case of inspection of its conventional armed forces.
SECTION XV. 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 9 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."
Article 28
1. In the Protocol on the Joint Consultative Group, paragraph 3 shall be deleted and replaced by the following:
"3. The Joint Consultative Group shall meet for regular sessions to be held two times per year, unless it decides otherwise."
2. In the Protocol on the Joint Consultative Group, paragraph 11 shall be deleted and replaced by the following:
"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:
10.73% for the French Republic, for the Federal Republic of Germany, for the Italian Republic, for the United Kingdom of Great Britain and Northern Ireland and for the United States of America;
9.00% for the Russian Federation;
6.49% for Canada;
5.15% for the Kingdom of Spain;
4.23% for the Kingdom of Belgium and for the Kingdom of the Netherlands;
2.47% for the Kingdom of Denmark and for the Kingdom of Norway;
1.75% for Ukraine;
1.72% for the Republic of Poland;
1.20% for the Republic of Turkey;
0.84% for the Hellenic Republic, for the Republic of Hungary and for Romania;
0.81% for the Czech Republic;
0.70% for the Republic of Belarus;
0.67% for the Republic of Bulgaria, for the Grand Duchy of Luxembourg and for the Portuguese Republic;
0.40% for the Slovak Republic;
0.20% for the Republic of Armenia, for the Republic of Azerbaijan, for Georgia, for the Republic of Iceland, for the Republic of Kazakhstan and for the Republic of Moldova."
3. In the Protocol on the Joint Consultative Group, paragraph 12 shall be deleted.
Article 29
The Protocol on the Provisional Application of Certain Provisions of the Treaty on Conventional Armed Forces in Europe shall be repealed.
Article 30
1. Changes to maximum levels for holdings, notified under the provisions of the Treaty during the period between signature and entry into force of the Agreement on Adaptation of the Treaty on Conventional Armed Forces in Europe, hereinafter referred to as the Agreement on Adaptation, shall also be considered changes to the levels specified in the Protocol on National Ceilings and, if the State Party concerned so requests, to the Protocol on Territorial Ceilings, provided that:
(A) Such changes are consistent with the limitations set forth in Article IV, paragraphs 3 and 4, and Article V, paragraphs 4 and 5, of the Treaty, and
(B) The numerical limits set forth in Article IV, paragraph 4, and Article V, paragraph 5, of the Treaty are applied in proportion to the time that has elapsed between signature and entry into force of the Agreement on Adaptation.
2. In the case where such changes would require the consent of all other States Parties as set forth in Article IV, paragraph 4, and Article V, paragraph 5, of the Treaty, such changes shall be considered changes to the levels specified in the Protocol on National Ceilings, provided that no State Party provides a written objection to such changes within 60 days of entry into force of the Agreement on Adaptation.
3. Notwithstanding the provisions of paragraph 1 and 2 of this Article, notified changes shall not be considered changes to the Protocol on National Ceilings and the Protocol on Territorial Ceilings where a State Party is notifying a unilateral decrease in its maximum levels for holdings, unless that State Party so requests.
Article 31
1. This Agreement on Adaptation shall be subject to ratification by each State Party in accordance with its constitutional procedures.
2. Instruments of ratification shall be deposited with the Depositary.
3. This Agreement on Adaptation shall enter into force 10 days after instruments of ratification have been deposited by all States Parties listed in the Preamble, after which time the Treaty shall exist only in its amended form.
4. Upon entry into force of this Agreement on Adaptation, the numerical levels set forth in Article IV, paragraph 4, and Article V, paragraph 5, of the Treaty shall be reduced in proportion to the time remaining between the date of entry into force and the next review conference pursuant to Article XXI, paragraph 1.
5. The original of this Agreement on Adaptation, of which the English, French, German, Italian, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the Depositary. Duly certified copies of this Agreement on Adaptation shall be transmitted by the Depositary to all States Parties.
6. This Agreement on Adaptation shall be registered by the Depositary pursuant to Article 102 of the Charter of the United Nations.
In witness thereof, the undersigned duly authorised have signed this Agreement on Adaptation.
Done at Istanbul, this nineteenth day of November nineteen hundred and ninety-nine, in the English, French, German, Italian, Russian and Spanish languages.
CFE.DOC/1/99
19 November 1999
Original: ENGLISH