Identifier
Created
Classification
Origin
09BERLIN64
2009-01-16 14:58:00
CONFIDENTIAL
Embassy Berlin
Cable title:
(C) U.S. COMMENTS ON EU DRAFT CODE OF CONDUCT FOR
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C O N F I D E N T I A L BERLIN 000064
SIPDIS
STATE FOR ISN/MDSP DICK BUENNEKE
STATE FOR EUR/CE PETER SCHROEDER
E.O. 12958: DECL: 01/16/2034
TAGS: CDG ECIN ESA EUN KACT KTIA MCAP PARM PREL
TSPA, EZ, FR, UK, GM
SUBJECT: (C) U.S. COMMENTS ON EU DRAFT CODE OF CONDUCT FOR
OUTER SPACE ACTIVITIES DELIVERED TO GERMANY
REF: STATE 2007
Classified By: Global Affairs Unit Chief Don L. Brown for
reasons 1.4 (a),(d),(e),and (g)
C O N F I D E N T I A L BERLIN 000064
SIPDIS
STATE FOR ISN/MDSP DICK BUENNEKE
STATE FOR EUR/CE PETER SCHROEDER
E.O. 12958: DECL: 01/16/2034
TAGS: CDG ECIN ESA EUN KACT KTIA MCAP PARM PREL
TSPA, EZ, FR, UK, GM
SUBJECT: (C) U.S. COMMENTS ON EU DRAFT CODE OF CONDUCT FOR
OUTER SPACE ACTIVITIES DELIVERED TO GERMANY
REF: STATE 2007
Classified By: Global Affairs Unit Chief Don L. Brown for
reasons 1.4 (a),(d),(e),and (g)
1. (C) Germany welcomes the "timely and thoughtful" comments
the U.S. provided regarding the EU Council's "Code of Conduct
for Outer Space Activities." The EU will reportedly issue a
collective response addressing U.S. concerns at a later date.
A German MFA official is &hopeful8 but not "optimistic8
that the EU will complete the Code of Conduct by the end of
2009 and noted that the presence of the
Chinese/Russian-proposed "Treaty on the Prevention of the
Placement of Weapons in Outer Space" may cause some
difficulties for the passage of the EU proposed Code of
Conduct.
2. (C) On January 14, EconOff delivered reftel demarche to
German MFA Desk Officer, Ellen Goelz, who said that the U.S.
was the first country to respond to the December 8, 2008 EU
Council draft Code of Conduct. Goelz said that Germany,s
next step would be to hold interagency consultations
including, but not limited to the Ministry of Defense (MOD)
and the German Space Agency (DLR). She said that the U.S.
should not expect a direct response from Germany on the U.S.
concerns; instead, there will be a single EU response and
added that this could take some time.
3. (C) Goelz emphasized that the Code of Conduct is not
meant to be legally-binding, but rather is intended to
establish a "norm" of agreed-upon behavior for space-faring
nations. Pointing to the Comprehensive Test Ban Treaty
(CTBT) as an example of a de facto Code of Conduct, she said
that though not ratified, it has effectively discouraged
nations from nuclear testing.
4. (C) Goelz said the presence of the
Chinese/Russian-proposed "Treaty on the Prevention of the
Placement of Weapons in Outer Space" might complicate how
nations view the Code of Conduct, but ultimately she thought
they could coexist. Noting that the Chinese/Russian proposal
is legally binding, Goelz was not optimistic about its
prospects for ratification. She also commented that the
Chinese/Russian proposal did not address using earth-based
weapons to attack/disable space assets and that the Chinese
have admitted this.
COMMENT
--------------
5. (C) Germany's ideal vision of the proposed Code of
Conduct is that it should be a "legally binding" treaty.
However, Germany assumes that passage of it as a treaty would
be unlikely, given expected opposition from the U.S., Russia,
and China. However, Germany remains a strong supporter of
the Code of Conduct, as it establishes (at a minimum) a
well-defined set of norms for space-faring nations. Germany
is not optimistic that the EU will be able to agree upon the
Code in 2009, given the number of nations involved, but will
make every effort to keep it on track. Goelz was also very
keen to hear about any policy changes the incoming Obama
Administration may enact that could affect the current U.S.
position on the Code of Conduct.
Koenig
SIPDIS
STATE FOR ISN/MDSP DICK BUENNEKE
STATE FOR EUR/CE PETER SCHROEDER
E.O. 12958: DECL: 01/16/2034
TAGS: CDG ECIN ESA EUN KACT KTIA MCAP PARM PREL
TSPA, EZ, FR, UK, GM
SUBJECT: (C) U.S. COMMENTS ON EU DRAFT CODE OF CONDUCT FOR
OUTER SPACE ACTIVITIES DELIVERED TO GERMANY
REF: STATE 2007
Classified By: Global Affairs Unit Chief Don L. Brown for
reasons 1.4 (a),(d),(e),and (g)
1. (C) Germany welcomes the "timely and thoughtful" comments
the U.S. provided regarding the EU Council's "Code of Conduct
for Outer Space Activities." The EU will reportedly issue a
collective response addressing U.S. concerns at a later date.
A German MFA official is &hopeful8 but not "optimistic8
that the EU will complete the Code of Conduct by the end of
2009 and noted that the presence of the
Chinese/Russian-proposed "Treaty on the Prevention of the
Placement of Weapons in Outer Space" may cause some
difficulties for the passage of the EU proposed Code of
Conduct.
2. (C) On January 14, EconOff delivered reftel demarche to
German MFA Desk Officer, Ellen Goelz, who said that the U.S.
was the first country to respond to the December 8, 2008 EU
Council draft Code of Conduct. Goelz said that Germany,s
next step would be to hold interagency consultations
including, but not limited to the Ministry of Defense (MOD)
and the German Space Agency (DLR). She said that the U.S.
should not expect a direct response from Germany on the U.S.
concerns; instead, there will be a single EU response and
added that this could take some time.
3. (C) Goelz emphasized that the Code of Conduct is not
meant to be legally-binding, but rather is intended to
establish a "norm" of agreed-upon behavior for space-faring
nations. Pointing to the Comprehensive Test Ban Treaty
(CTBT) as an example of a de facto Code of Conduct, she said
that though not ratified, it has effectively discouraged
nations from nuclear testing.
4. (C) Goelz said the presence of the
Chinese/Russian-proposed "Treaty on the Prevention of the
Placement of Weapons in Outer Space" might complicate how
nations view the Code of Conduct, but ultimately she thought
they could coexist. Noting that the Chinese/Russian proposal
is legally binding, Goelz was not optimistic about its
prospects for ratification. She also commented that the
Chinese/Russian proposal did not address using earth-based
weapons to attack/disable space assets and that the Chinese
have admitted this.
COMMENT
--------------
5. (C) Germany's ideal vision of the proposed Code of
Conduct is that it should be a "legally binding" treaty.
However, Germany assumes that passage of it as a treaty would
be unlikely, given expected opposition from the U.S., Russia,
and China. However, Germany remains a strong supporter of
the Code of Conduct, as it establishes (at a minimum) a
well-defined set of norms for space-faring nations. Germany
is not optimistic that the EU will be able to agree upon the
Code in 2009, given the number of nations involved, but will
make every effort to keep it on track. Goelz was also very
keen to hear about any policy changes the incoming Obama
Administration may enact that could affect the current U.S.
position on the Code of Conduct.
Koenig