OPEN SKIES SEPTEMBER 23 PLENARY: RUSSIA CITES

UNCLAS SECTION 01 OF 04 USOSCE 000227

SENSITIVE
SIPDIS

STATE FOR VCI/CCA, EUR/PRA, EUR/RPM, SCA/CEN
JCS FOR COL NORWOOD
OSD FOR ISA (PERENYI)
NSC FOR HAYES

E.O. 12958: N/A
TAGS: PARM PREL OSCE
SUBJECT: OPEN SKIES SEPTEMBER 23 PLENARY: RUSSIA CITES
SAFETY FOR RESTRICTIONS; ALT AIRFIELDS

REF: SECSTATE 100776


1. (SBU) Summary. Russia confirmed it had lifted all
restricted airspace associated with its conflict with Georgia
while asserting that the restrictions were enacted in the
first place strictly on the basis of flight safety. All
affected States Parties, save Germany, strongly censured
Russia, noting that its actions contravened provisions of
Treaty. While Germany opined that airspace restrictions
should not be allowed to obstruct observation missions, it
welcomed Russia's explanation and concluded that the
resulting cancellations could be characterized as "technical"
in nature.


2. (U) In addition, the U.S. confirmed the successful
completion of the 500th observation flight in August. A U.S.
proposed change to the decision on distribution of 2008
quotas was adopted. A revised draft decision on alternate
airfields is expected before the next Informal Working Group
on Rules and Procedures (IWGRP) and the Informal Working
Group on Sensors (IWGS) expects to work into 2009. End
summary.

- - - - - - - - - - - - - - -
In Russia, Safety is Job One
- - - - - - - - - - - - - - -


3. (SBU) The fall 2008 session of the Open Skies
Consultative Commission (OSCC) opened under the Chair of
Belarus (Pavlov) on September 22. Russia (Kozlov) opened the
session by attempting to explain why it decided in August to
establish four temporary airspace restrictions over its
territory. Kozlov claimed that Russia had taken its decision
solely for the purposes of flight safety and strictly in
response to the situation in the Caucasus. He noted that,
for similar reasons, Georgia had appealed to States Parties
to refrain from notifying inspections over the entire
territory of Georgia. Kozlov lamented that while States
Parties generally sympathized with Georgia's request, the
same could not be said of Russia's notifications. In spite
of its notices, countries insisted on flying over Russian
territory that Russia considered a danger to aircraft and
flight crews.


4. (SBU) Kozlov reminded States Parties that Russia had not
forbidden flights in these areas, but had only required that
flights in these areas stick to established routing. Kozlov
explained that Russia simply could not accommodate all of the
changes to one of the proposed flight plans within the
Treaty-allotted time limit of eight hours.


5. (SBU) Kozlov said it was unfortunate that the states
involved could not solve these issues and that Russia
recognized that States Parties had expended significant
resources on these missions. Kozlov then confirmed that
Russia had lifted all restrictions on 15 September as
notified in OS/RU/08/F35/0.

- - - - - - - - - - -
Most Allies Don't Bite
- - - - - - - - - - -


6. (SBU) Spain (Nunez) and Canada (Gosal),supported with an
intervention by Norway, read national statements condemning
Russian actions, which prevented the successful completion of
their joint flight the first week in September. Nunez
described how Russia rejected the team's flight plan because
it infringed on restricted airspace designated as BP-690.
Nunez and Gosal both noted in their statements that, when
challenged over the flight route, the Russian escorts found a
discrepancy on the Spanish aircraft's sensors and restricted
their use under Article 8. Canada characterized Russia's
actions as a "breach of its treaty responsibilities." Both
underscored the importance of the Treaty and acknowledged
Kozlov's statement confirming that Russia had now lifted the
restrictions.


USOSCE 00000227 002 OF 004



7. (SBU) The U.S. (Neighbour) noted Russia's obstruction of
joint U.S. flights with Poland in August and Germany in
September, as well as the joint Spanish-Canadian-Norwegian in
September. Neighbour characterized Russia's actions as
compromising the Treaty's key principle of full territorial
access. While acknowledging Kozlov's confirmation that
BP-690 had been lifted, Neighbour underscored the position
that such restrictions do not constitute a legitimate reason
for refusal of an observation flight. Additionally, he
called on all States Parties to fully implement the Treaty as
intended.


8. (SBU) On the margins, the U.S. (Neighbour) told Kozlov
that Russia's claim of flight safety simply had no
credibility with its treaty partners. He cited the joint
German-U.S. proposed flight, observing that the routing never
came closer than 120 kilometers from the Russia-Georgia
boarder and that it was proposed nearly a month after combat
operations had ended. Kozlov acknowledge that the optics
were off, but persisted that it would have been too dangerous
to fly outside the established routing. Kozlov commented
that there are a lot of Russia commanders in the area and
Russia could not guaranteed that a deviation from established
routing would have been distributed and observed by each one.
Kozlov added that such restrictions would not be used in the
future.

--------------
But Some Nibble
--------------


9. (SBU) Germany (Ratzlaff) responded by acknowledging that
the joint German-U.S. flight fell victim to Russia's flight
restrictions. Ratzlaff thanked Russia for its explanation
and noted that, as it was not possible to come to an
agreement over the routing within the allotted time frame,
Germany reserved the right to reschedule the flight in the
future. Ratzlaff said that it was the opinion of Germany
that such restrictions should not be allowed to obstruct Open
Skies flights. As such, Ratzlaff said that Germany is
"particularly pleased" that Russia has removed the
restrictions.


10. (SBU) France (Simonet) noted the seriousness of the
comments made by prior speakers and was pleased that States
Parties appeared to be working through the issue and
returning to full implementation. France noted that this is
especially important in the wake of the difficulties we are
facing with other treaties.

- - - - - - - - - - - - - - - - - - - - - - - - - - -
Did I play the Safety Card? Technical-Problem Card?
- - - - - - - - - - - - - - - - - - - - - - - - - -


11. (SBU) Responding to these interventions, Kozlov again
stressed that Russia took the decision to establish these
restrictions strictly as a matter of safety. He noted that
the Treaty's preamble even mentions flight safety, and for
that reason Russia decided to make safety priority one.


12. (SBU) After reporting on a number of observation flights
and escort missions under Agenda item six, "Information on
Observation Flights," Kozlov returned to circumstances
surrounding the cancellations of Spanish-Norwegian-Canadian
and German-U.S flights. He reasoned that, since Russia could
not respond to the requested changes of flight routing within
the time allotted under the treaty, the difficulties
encountered were of a "technical" nature.


13. (SBU) Regarding Russia's restriction of sensors on the
Spanish aircraft, Kozlov said that the discrepancies in the
documentation had been noted during previous inspections and
that Russia had reported them to the pod groups, but no
action had been taken. Kozlov also noted that the Russian
escorts had only restricted the use of three of the aircraft
sensors.


USOSCE 00000227 003 OF 004



14. (SBU) Turning to the German-U.S. flight, Kozlov noted
that Russia had notified all States Parties of its airspace
restrictions well in advance. Despite this warning, the team
presented a plan that deviated from established flight
routes. As with the Spanish flight, there was no way in
which Russia could accommodate all of the modifications
necessary to affect a new flight plan within the allotted
time.

- - - - - - - - - - - -
Germany Takes the Bait
- - - - - - - - - - - -


15. (SBU) After reporting on its observation activity,
Germany, again noted with satisfaction that, at the end of
the day, the flights were canceled due to technical issues
and not because of major differences over treaty
interpretation.


16. (SBU) Gosal reaffirmed Canada's position by
acknowledging Russia's comments but refusing to accept
Russia's explanation. In his last-ditch effort to rebut
Canada's condemnation, Kozlov urged States Parties to
consider the risk of ignoring flight safety factors, rather
unconvincingly invoking an analogy of a pedestrian ignoring a
broken crossing light.

- - - - - - - - - -
On a Brighter Note
- - - - - - - - - -


17. (U) As the outgoing Chair of the OSCC, the U.S.
(Neighbour) confirmed the successful completion of the 500th
Open Skies flight, which was completed on August 18, 2008.
Neighbour once again thanked all States Parties both for
their contributions in achieving this milestone and for their
support in July at the commemoration ceremony.


18. (U) Revision four to Decision No. 7/07 on the
Distribution of Active Quotas for Observation Flights in the
Year 2008 was adopted without comment and issued under
OSCC.DEC/6/08.


19. (U) Russia (Kozlov) as Chair of the IWGRP, reported on
the status of the Alternate Airfield decision and surmised
that the IWGRP could complete this decision during the fall
session. The U.S. (Neighbour) read a statement from the
Chair of the Sensor working group (U.S.--Simmons) distributed
under OSCC.SEN/08/08. The statement noted that States
Parties had provided additional input to Revision One to
Decision 14 over the summer. Upon completion of Revision one
to Decision 14, and at the request of States Parties, the
Chair will re-open Decision 17 on specifications for
recording media. The Chair assessed that, on the basis of a
review of these submission, the working group's mandate would
need to be extended into 2009. Belarus (Pavlov) as acting
Plenary Chair, announced that he would prepare the required
draft decision.


20. (U) Romania reported on the certification of its OS
aircraft. Turkey announced it would hold an IR data
gathering event from 13-14 November in Ankara with additional
information to be provided in due course. The UK, Russia and
Turkey all noted their intent to respect Georgia's request to
avoid conducting observation flights over its territory. The
UK and Turkey recognized that this meant the loss of a quota
for 2008. Russia noted that perhaps the quota could be used
later in 2008 or rolled into 2009. Georgia responded to say
that it understood that the quota was used.


21. (U) During the IWGRP the Chair (Russia, Kozlov) noted
the receipt of additional edits from the U.S. to the decision
on Alternate Airfields, OSCC.RP/2/08/Rev.2. Belarus
requested that the term "States Parties" be changed to
"States Parties and groups of States Parties," as Belarus
does not have an assigned POE. On the margins, Slovakia has
indicated that they would like to discuss U.S. proposed

USOSCE 00000227 004 OF 004


edits. As a result, the Chair and Slovakia agreed that the
U.S. should coordinate edits with Slovakia prior to the
release of another revision.


22. (U) The next OSCC is scheduled for October 27. The next
IWGRP is scheduled for October 6.
FINLEY