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DE RUEHVEN #0305/01 3511442
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P 161442Z DEC 08
FM USMISSION USOSCE
TO RUEHC/SECSTATE WASHDC PRIORITY 6103
INFO RUCNOSC/OSCE COLLECTIVE
RUEKJCS/DIA WASHDC
RUEKJCS/SECDEF WASHDC
RHMFIUU/HQ USAFE RAMSTEIN AB GE//POLAD/XPXC//
RHMFISS/CDR USEUCOM VAIHINGEN GE//ECJ5-T/ECCS/ECPLAD//
RUEAHQA/HQ USAF WASHINGTON DC//XONP//
RUEASWA/DTRA ALEX WASHINGTON DC//OSAO
RUESDT/DTRA-OSES DARMSTADT GE
RUEKJCS/JOINT STAFF WASHDC//J5-DDPMA-E/DDPMA-IN/CAC//

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