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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) 
 
¶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