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UNCLAS SECTION 01 OF 04 USOSCE 000226 
 
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 00000226  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. 
 
¶14. (SBU)  Turning to the German-U.S. flight, Kozlov noted 
 
USOSCE 00000226  003 OF 004 
 
 
that Russia had notified all States Prties of its airspace 
restrictions well in advane.  Despite this warning, the team 
presented a pan that deviated from established flight 
routes. As with the Spanish flight, there was no way inwhich Russia could accommodate all of the modifications 
necessary to affec a new flight plan within the allotted 
time. 
 
--------------------- 
Germany Takes the Bait 
--------------------- 
 
¶15. (SBU)  After reporting n its observation activity, 
Germany, again notedwith satisfaction that, at the end of 
the day, te flights were canceled due to technical issues 
and not because of major dfferences over treaty 
iterpretation. 
 
¶16. (SBU)  Gosal reaffirmed Canad's position by 
acknowledging Russia's comments bt refusing to accept 
Russia's explanation.  In hs last-ditch effort to rebut 
Canada's condemnation, Kozlov urged States Paties to 
consider the risk of ignoring flight safty factors, rather 
uncovincingly invoking an analogy of a pedestrian ignoing 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 fo 
their contributions in achieving this milestoneand for their 
support in July at the commemoratin ceremony. 
 
¶18. (U)  Revision four to Decision o. 7/07 on the 
Distribution of Active Quotas for bservation Flights in the 
Year 2008 was adopted ithout 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 completethis decision during the fall 
session.  The U.S.(Neighbour) read a statement from the 
Chair of te 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 atthe request of States Parties, the 
Chair will reopen Decision 17 on specifications for 
recordingmedia. The Chair assessed that, on the basis of areview of these submission, the working group's madate 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 ofits OS 
aircraft.  Turkey announced it would holdan IR data 
gathering event from 13-14 November i Ankara with additional 
information to be provided in due course.  The UK,Russia and 
Turkey all oted their intent to respect Georgia's request toavoid 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 2008or rolled into 2009. Georgia responded to say 
tha 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 
edits.  As a result, the Chair and Slovakia agreed that the 
 
USOSCE 00000226  004 OF 004 
 
 
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