OPEN SKIES TREATY: SEPTEMBER-DECEMBER, END OF

UNCLAS SECTION 01 OF 03 USOSCE 000305 SENSITIVE SIPDIS STATE FOR VCI/CCA, EUR/PRA JCS FOR COL NORWOOD OSD FOR ISA (PERENYI) NSC FOR MHAYES E.O. 12958: N/A TAGS: PARM PREL OSCE SUBJECT: OPEN SKIES TREATY: SEPTEMBER-DECEMBER, END OF SESSION REPORT - USG OBJECTIVES MET REF: A. STATE 100776 (20 SEP - OOR GUIDANCE) ¶B. USOSCE 226 (25 SEP) ¶C. USOSCE 245 (14 OCT) ¶D. USOSCE 259 (28 OCT) ¶E. USOSCE 275 (13 NOV) ¶F. USOSCE 284 (25 NOV) ¶G. STATE 130738 (12 DEC) ¶H. USOSCE 302 (15 DEC) 1.(SBU) SUMMARY: The 47th session of the Open Skies Consultative Commission (OSCC) was held from September 22 - December 19, 2008. Belarus, succeeding the U.S., served as the Chairman during this period; Belgium will assume the Chair for the January winter session. USDel achieved the objectives set forth in Ref A regarding Russian airspace, quota allocation and deconfliction, organizing future sharing arrangements, progress on digital sensor definitions, and finalizing the decision on alternate airfields. 2.(SBU) Notably, the U.S. statement expressing concerns about Russia,s closure of air space near Georgia in September ensured this act of non-compliance was widely recognized. Similar statements from Canada, Norway, and Spain also emphasized the fact that this Russian procedure caused the cancellation of several observation flights. Russia retracted its airspace restrictions shortly thereafter. Sufficient progress was made on sensors, so that assuming a Chairman,s statement is adopted in January 2009 as expected, acquisition of digital sensors to replace wet film could begin as early as mid-2009. The OSCC Chairmen for 2008 (Germany, USA, and Belarus) coordinated on a Letter to the OSCE Ministers which easily achieved consensus and was delivered in Helsinki on December 4. End summary. Russia,s non-compliance on airspace ¶3. (SBU) Following the Russian conflict in Georgia in mid-August, it imposed a number of flight restrictions in a large area south of Rostov to the Georgian border. Two observation flights were cancelled as a result in protest to these restrictions (Canada, Norway, Spain in September 1-5; and U.S., Germany in September 8-12). At the September plenary, the U.S. and others made statements objecting to the imposition of these restrictions. Russia claimed the restrictions were necessary for "flight safety." Russia lifted the restrictions shortly thereafter, and several flights took place subsequently. The U.S. and Germany re-attempted the flight in that region the week of November 24, but encountered adverse weather conditions that resulted in cancellation. Canada also attempted a return flight the week of December 1, with better results. ¶4. (SBU) Georgia also notified all States Parties of its difficulties in hosting an observation flight following the conflict, and citing force majeur requested that States not come for quota flights. Georgia,s request has not yet been lifted, thus two of its four passive quota flights will not be conducted (one by Russia and the UK, the second by Germany and Turkey). Quota Allocation and Deconfliction ¶5. (SBU) During the annual active quota allocation process in October, the U.S. bid on and received 14 quotas over Russia/Belarus of which the U.S. will share 10 with Allies. The U.S. will also share one flight over Ukraine with Canada. Russia received its full active quota of 42, but will be receiving 37 flights. The number of flights over Russia has decreased as a result of increasing sharing arrangements by Allies. In October, the OSCC adopted the Decision for the allocation of quotas in 2009 (OSCC.DEC/8/08). ¶6. (SBU) Following the allocation process, the U.S. hosted the annual deconfliction session in order to organize the calendar of flights over Russia/Belarus and Ukraine. While the main goal is to arrange the first quarter of flights, most States are prepared to discuss all four quarters. The second and third quarters are fully subscribed for flights over Russia. Only one week was under contention between the U.S. and Turkey. Like last year, we solved the impasse by agreeing to share the flight for the week in question. USOSCE 00000305 002 OF 003 ¶7. (SBU) Sharing arrangements: On the margins of the quota meetings, the U.S. organized special sharing arrangements with Hungary and Turkey. The U.S. has funding to pursue a third opportunity should that option become desirable. Modalities for these flights should be finalized early in ¶2009. ¶8. (SBU) The OSCC agreed to amend the annual quota distribution decision twice this fall in order to accommodate additional U.S. sharing arrangements with France and Romania (OSCC.DEC 6/08 and 7/08). Romania successfully certified its AN-30 aircraft in September, and we were able to share its first observation flight to Russia in November. Progress on Digital Sensors ¶9. (SBU) The Informal Working Group on Sensors (IWGS) met once this session the week of December 8-12. The group is concentrating on reaching agreement on Revision One to Decision 14 for digital video sensors. As an interim step, the group agreed on language for a Chairman,s Statement that specifies enough characteristics for States to begin the acquisition process for new sensors. The group agreed on the necessity to prepare a Revision Two for Decision 17 on data formatting, as well as procedures for Digital Image Processing. The Chairman,s Statements will be on the OSCC agenda for adoption in January. In January, the OSCC will also address a short Decision to extend the mandate of the IWGS in 2009. IWGRP agenda dwindling ¶10. (SBU) The IWGRP continued to focus on finalizing the language for a Decision on Alternate Airfields, which the OSCC adopted at the December 15 Plenary (OSCC.DEC/9/08). In order to reflect the funding arrangements agreed for alternate airfields, the group continues to work on language for a companion update to Decision One governing costs. The draft for this update (OSCC.RP/17/08/Rev 3/Corr 4) is expected soon, and will be on the agenda for further discussion in 2009. ¶11. (SBU) The "hazardous airspace" issue also remains on the agenda, but receives very little comment from delegations. We may want to consider a statement regarding our joint flight with Romania that entered the Moscow restricted area, albeit at an altitude higher than certified per current Russian regulations of 3,600 meters. OSCE Ministerial Chairman,s Report - a Successful Year ¶12. (SBU) As in previous years, the delegations serving as Chair during the calendar year provide a report on the OSCC to the OSCE Ministers at the annual OSCE Ministerial meeting. Belarus prepared the draft on behalf of Germany and the U.S. In contrast to the JCG's report which never was issued due to lack of consensus, the OSCC report proved not to be contentious. The OSCC endorsed the report in November and it was forwarded to Ministers accordingly. See MC.GAL/6/08/Rev ¶1. WEU quota carrot requires review ¶13. (SBU) New "old" business: In 1995, the former ten Western European Union states made a joint statement regarding potential use of their passive quotas after all the allocated quotas have been fulfilled. Six other States also joined this political statement. The statement was a "carrot" aimed at securing Russian ratification of the Treaty. Russia also provided such a statement as a reciprocal gesture. Since EIF, Russia has exercised this option several times. In 2007, it flew one additional flight over Italy. In 2008, it requested at least three additional flights in France, Spain, and Greece. ¶14. (SBU) In September, Russia was not able to conduct its joint mission with the UK over Georgia. However, it orchestrated statements by all three saying that the quota had been used (see OSCC47.JOUR/146, Annexes 7, 8 and 9). Russia needed something in order to claim it had completed all of its 42 active quotas. No delegation challenged these statements at the time, and hence it proceeded with asking for the additional quotas in late November. Spain agreed USOSCE 00000305 003 OF 003 reluctantly once it became aware of this old statement. ¶15. (SBU) These old statements do have review clauses, and as the WEU group no longer exists as it has been de-organized or integrated into the EU, it would seem prudent for these states to revisit this policy. USDel recommends consultations with the 16 states to ensure all are aware of this document and its ramifications for receiving additional flights in the future, some of which could include observation of U.S. assets. FINLEY