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