14 International Code of Conduct on Outer
Space Activities
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny; further information requested
|
| Document details | Council Decision on an International Code of Conduct for outer-space activities
|
| Legal base | Article 28 TEU; unanimity
|
| Department | Foreign and Commonwealth Office
|
| Document number | (36606), —
|
Summary and Committee's conclusions
14.1 In 2007, the EU launched its proposal for a voluntary, non-legally-binding
International Code of Conduct for Outer Space Activities ("Code
of Conduct"). The aim is to establish a normative framework
and agreed best practices for all uses of outer space, promote
the transparent and responsible use of outer space and complement
existing legal instruments. Given the slow progress and difficulties
in developing a treaty-based approach, and the rapidly increasing
dependence on space-derived services, the EU proposed the Code
of Conduct initiative as a more flexible framework that would
be easier to agree by the international community.
14.2 Working closely with the UK and other EU Member States, the
EU produced a preliminary draft Code of Conduct in 2008.[35]
On the basis of a revised draft in September 2010, the Council
invited the EU High Representative for Foreign Affairs and Security
Policy to pursue consultations with third countries with the aim
of establishing a text that was acceptable to the greatest number
of countries, and of subsequently adopting the Code at an ad
hoc diplomatic conference.
14.3 Council Decision 2012/281/CFSP, which was extended in January
2014 by 2014/42/CFSP, authorised the EEAS to conduct a series
of activities to build further support (four multilateral experts
meetings were held, and experts from a total of 95 countries consulted,
on the proposed substance).
14.4 The Minister for Europe (Mr David Lidington) now explains
that, following the successful conclusion of the consultative
process in Luxembourg in May 2014, many States are calling for
formal multilateral negotiations on the Code of Conduct.
The draft Council Decision
14.5 The Minister then explains that this Council Decision would:
— authorise
the EEAS to continue their facilitating role, moving the initiative
to a multilateral negotiating process;
— provide
for continued outreach with third parties to build a broad base
of support for the Code of Conduct, as an example of a Transparency
and Confidence Building Measure (TCBM) identified in the 2013
UN Group of Governmental Experts' (UN GGE) report on TCBMs in
Outer Space, of which the UK was a member;
— also
provide for outreach activities to raise wider awareness of other
TCBMs, in line with the Council Decision of 29 May 2012.
14.6 The Minister goes on to say that, in order to
maximise the skills and exposure to different states and stakeholders,
the EEAS propose to engage both the United Nations Institute for
Disarmament Research (UNIDIR) and the United Nations Office for
Disarmament Affairs (UNODA) — given their previous experience
of holding similar multilateral events, particular expertise in
space security and their past collaboration with the UN GGE; given
that engaging both UN agencies also demonstrates the cross-cutting
nature of the Code of Conduct, as it seeks to bridge both military
and civilian uses of Outer Space; and given that both agencies
have a broader mandate to promote and support TCBMs and to collaborate
with other UN institutions to enhance space security following
the acceptance of the UN GGE report.
14.7 With regard to the future timeline, the Minister
says that the EU's present aim is for the negotiation process
to start in mid-2015, with a view to opening the Code of Conduct
for signature once the negotiations have concluded.
14.8 He also reiterates the Government's position
on the competence question:
"The Government has previously made clear
that the EU does not have the competence to negotiate the Code
of Conduct on EU Member States' behalf. The EU has the authority
currently: to speak or make decisions about the Code of Conduct
on the basis of unanimity among all EU Member States; to consult
with third parties; and, following the adoption of the 2012 and
2014 Council Decisions, to convene multilateral experts meetings.
This Council Decision would authorise the EEAS to facilitate a
multilateral negotiation process. The EEAS understands that any
further activity would require further explicit authorisation
from the Council and that EU Member States would still participate
in this process in their own right."
14.9 No questions arise. However, given the subject
matter and the way the process is being handled — the EU
and Member States driving it forward in a way that properly respects
their respective competences, and building support from third
countries, but towards a UN-based outcome — a further Report
to the House is appropriate.
14.10 The draft Council Decision notes that assistance
for the implementation of the Code of Conduct and "its point
of contact" could be provided through a future Council Decision.
That would appear to be some time away. Before then, in a year's
time, we should be grateful for an update from the Minister on
what has happened by virtue of the present proposal, and how the
way ahead then looks.
14.11 In the meantime, we now clear the Council
Decision.
Full details of the document:
Council Decision in support of the Union proposal for an International
Code of Conduct for outer-space activities as a contribution to
transparency and confidence-building measures in outer space-activities:
(36606), —.
Background
14.12 17 December 2008 Council Conclusions supported
the first draft of an international Code of Conduct for outer
space activities, in which States would participate on a voluntary
basis, and which would include transparency and confidence-building
measures, as a basis for consultations with key third countries
that have activities in outer space or interests in outer space
activities, with the aim of reaching a text that is acceptable
to the greatest number of countries.[36]
In the light of consultations with major "space-faring"
nations, the High Representative (HR)/European External Action
Service (EEAS), working with Member States, produced a revised
version, on the basis of which the Council mandated the HR, on
27 September 2010, to carry out further and wider consultations.[37]
14.13 The Council Decisions that the Committee cleared
in 2012 and 2014 provided funding for and authorized the EEAS,
with administrative support from the United Nations Institute
for Disarmament Research (UNIDIR), to hold a series of meetings
involving all 71 members of the UN Committee on the Peaceful Uses
of Outer Space, with a view to developing a voluntary Conduct
for Outer Space Activities.
14.14 In the most recent update, the Minister for
Europe emphasised the UK's dependency on space-based technologies
for a wide range of services that affect our daily lives. Despite
the ongoing delay, the Minister continued to believe that the
EU-led Code of Conduct, although not legally binding, would play
a key role in delivering international co-operation for a safe,
secure and sustainable space environment — a political commitment
to agreed norms of responsible behaviour in outer space that would
serve as a basis for future space management initiatives; a series
of transparency and confidence building measures; and —
with a space sector currently worth over £9bn annually to
the British economy and ambitions to raise this further to £40bn
by 2030 — the well-managed level playing field in outer
space that is increasingly important to UK industry.
14.15 But there was still work to be done: the Minister
reported that the latest round of multilateral consultations on
the draft Code, hosted by the EU in Luxembourg, continued the
trend of increasingly constructive discussions, leaving noticeably
fewer unresolved substantive issues. Whilst not the preferred
route for all, a large number of states were calling for formal
multilateral negotiations on the draft Code, which the Minister
believed would most likely attract wider support for the initiative
and where, given the role it had played in developing the Code,
the EU was the best candidate to host the negotiations. However,
mindful that some states wished to see the UN playing a key role,
the EU was currently considering a number of UN institutions as
possible partners for delivery of the negotiating conference,
with a view to their then hosting the Secretariat for the Code
when it was opened for subscription. The Government was currently
considering the detail of this proposal, but believed that an
EU-hosted negotiating conference with UN involvement should allow
the EU and its Member States to retain sufficient control to ensure
that the Code was finalised in a timely manner whilst generating
support from those states uncomfortable with a process taking
place outside of the UN framework.
14.16 With regard to the way forward, the Minister
noted that the EU had the authority under CFSP to speak or make
decisions about the Code on the basis of consensus amongst its
Member States; to consult with third parties; and to convene multilateral
consultative events. But he also noted that, although the EEAS
was facilitating the process and providing a forum for discussion,
the text itself was being developed by EU Member States, under
the principle of unanimity, and EU Member States were participating
in all consultation meetings in their own right:
"the EEAS is not presenting a position on
behalf of either the EU or its Member States at these meetings.
The EU does not have the authority to negotiate a final text on
Member States' behalf. As things stand, EEAS' mandate will have
been fulfilled once the next revised draft of the Code has been
published."
14.17 The Minister confirmed that another Council
Decision would be needed in order to take the Code to the next
phase of negotiation; he did not envisage the EU seeking to increase
its role beyond facilitation, but his officials were alert to
any move to do so.
14.18 The Minister saw value in the EU having a role
in the Code, once it was open for subscription (as its main architect,
and given its own space interests), and given that the current
provisions within the text of the Code were in line with the General
Arrangements:[38]
"It would not preclude the UK from subscribing
independently, nor from taking an active role in the management
of the Code if we wished to do so. I do not believe that there
are currently any issues concerning EU competence or external
representation."
Our assessment
14.19 Our major concern since this proposal first
emerged — by then, over two years ago —had been to
ensure that, in this process whereby Member States were essentially
sub-contracting the process to the EEAS, the latter did not over-reach
themselves and that, instead, Member States remained in control;
in that regard, all seemed to continue to be in good order thus
far.
14.20 We looked forward to the next Council Decision,
when we asked that the Minister explain clearly and fully the
roles of the EU and the UN in negotiating the Code; what role
the UN would have in administering the Code; and what the EU's
and the Member States' position would be once the Code was open
for subscription.
The draft Council Decision
14.21 In his Explanatory Memorandum of 16 January
2015, the Minister for Europe explains that this Council Decision
would:
— authorise
the EEAS to continue their facilitating role, moving the initiative
to a multilateral negotiating process;
—
provide for continued outreach with third parties to build a broad
base of support for the Code of Conduct, as an example of a Transparency
and Confidence Building Measure (TCBM) identified in the 2013
UN Group of Governmental Experts' (UN GGE) report on TCBMs in
Outer Space, of which the UK was a member;
— provide
for outreach activities to raise wider awareness of other TCBMs,
in line with the Council Decision of 29 May 2012; and
— authorise
the EEAS to enter into an agreement with external implementing
agencies to provide administrative support, in the same way as
previous Council Decisions on this subject.
14.22 The Minister recalls that Council Decision
2012/281/CFSP of 29 May 2012, which was extended in January 2014
by Council Decision 2014/42/CFSP, authorised the EEAS to conduct
a series of engagement activities to consult on, and build further
support for, the Code of Conduct. He continues thus:
"These activities included four multilateral
experts meetings, which promoted the initiative and consulted
experts from a total of 95 countries on the proposed substance
of the Code of Conduct. These meetings have been valuable in building
awareness and support for the draft Code and in seeking to establish
a text that meets the expectations of all interested states.
"Following the successful conclusion of
the consultative process in Luxembourg in May 2014, many states
are calling for formal multilateral negotiations on the Code of
Conduct. This Council Decision would authorise the EEAS to continue
their facilitating role, moving the initiative to a multilateral
negotiating process. The Decision would also provide for continued
outreach with third parties to build a broad base of support for
the Code of Conduct, as an example of a Transparency and Confidence
Building Measure (TCBM) identified in the 2013 UN Group of Governmental
Experts' (UN GGE) report on TCBMs in Outer Space, of which the
UK was a member. The Council Decision also provides for outreach
activities to raise wider awareness of other TCBMs, in line with
the Council Decision of 29 May 2012.
"The Council Decision would authorise the
EEAS to enter into an agreement with external implementing agencies
to provide administrative support, in the same way as previous
Council Decisions on this subject. In order to maximise the skills
and exposure to different states and stakeholders, the EEAS propose
to engage both the United Nations Institute for Disarmament Research
(UNIDIR) and the United Nations Office for Disarmament Affairs
(UNODA) given their previous experience of holding similar multilateral
events, particular expertise in space security and their past
collaboration with the UN GGE. Engaging both UN agencies also
demonstrates the cross-cutting nature of the Code of Conduct,
as it seeks to bridge both military and civilian uses of Outer
Space. Both agencies have a broader mandate to promote and support
TCBMs and to collaborate with other UN institutions to enhance
space security following the acceptance of the UN GGE report.
"The EU's present aim is for the negotiation
process on the Code of Conduct to start in mid-2015, with a view
to opening the Code of Conduct for signature once the negotiations
have concluded. The EEAS are considering different ways in which
to achieve this, in consultation with EU Member States and other
supporters of the initiative. Potential approaches include the
EEAS' original proposal to hold an ad hoc diplomatic conference,
and reference to the UN General Assembly."
14.23 On the matter of EU and Member States
competence, the Minister says:
"The Government has previously made clear
that the EU does not have the competence to negotiate the Code
of Conduct on EU Member States' behalf. The EU has the authority
currently: to speak or make decisions about the Code of Conduct
on the basis of unanimity among all EU Member States; to consult
with third parties; and, following the adoption of the 2012 and
2014 Council Decisions, to convene multilateral experts meetings.
This Council Decision would authorise the EEAS to facilitate a
multilateral negotiation process. The EEAS understands that any
further activity would require further explicit authorisation
from the Council and that EU Member States would still participate
in this process in their own right."
14.24 The Minister also says:
"Since its inception, the Code of Conduct
has been an EU-led initiative. Given the expertise and international
contacts the EEAS has developed to date, we believe it is appropriate
for them to continue to take forward the initiative and we judge
that this does not pose any subsidiarity issues, not least as
the UK will continue to participate in the process in its own
right."
The Government's view
14.25 The Minister continues his comments as follows:
"The UK has been a consistent supporter
of the proposed International Code of Conduct of Outer Space Activities.
The Government is supportive of the EEAS' continued leadership
of this phase of the process, and therefore supports the proposed
Council Decision.
"An International Code of Conduct for Outer
Space Activities is one of the deliverables set out in the UK's
first National Space Security Policy, published in April 2014.[39]
The Government regards the Code of Conduct as a valuable means
of building trust, transparency and predictability in the uses
of outer space, and enhancing safety, sustainability and security
in an increasingly congested and competitive environment. It will
provide a mechanism for coordinating responses to space debris,
including risk mitigation and avoidance. With little chance of
progress on a legally-binding agreement in the short-medium term,
and with the UK and other states' increasing dependence on space-derived
services for communications, observation data and navigation,
the UK considers the Code of Conduct as currently the only viable
international instrument to regulate outer space activities, and
a necessary first-step towards a longer-term goal of verifiable
and equitable arms control in space.
"It is important that the Code gains broad
support from around the world from States at different stages
of their space-faring development. It is the Government's opinion
that moving to a phase of negotiations would most likely attract
that broad basis of support for the initiative, as well as maintain
the support the Code of Conduct has already attracted to date.
The UK, along with other EU Member States and the UN Secretary
General, feels that this process would allow for the greatest
number of states to engage with the initiative and the Government
judges that, despite being negotiated outside of the UN framework,
the process would be consistent with the conclusions and recommendations
of the UN GGE.
"The UK has worked hard to support the EEAS
in building momentum behind the initiative and bringing third
parties on board. The United States, in particular, continues
to value the UK Government's role as a key interlocutor to drive
forward progress among EU Member States and build support from
third countries. A number of other like-minded states including
Japan and Australia have publicly announced their support and
have engaged actively in the last two years to complement the
EU and UK's efforts to maximise support."
14.26 With regard to the Financial Implications,
the Minister says:
"The budget approved in the May 2012 Council
Decision was €1,490,000. The breakdown of spend is attached
at Annex A. Due to savings made during the course of the activities
undertaken, it was possible to conduct a further multilateral
consultation meeting within the existing budget as provided for
by Council Decision 2012/281/CFSP."
14.27 The breakdown of the forecast spend for the
projects to be carried out under this Council Decision are, the
Minister says, as follows:
— Regional
or sub-regional seminars: Promotion of political commitments to
encourage responsible actions in, and the peaceful use of, Outer
Space: €296,151;
— Small
outreach events: Promotion of political commitments to encourage
responsible actions in and the peaceful use of, Outer Space: €51,688;
— Organisation
of open-ended multilateral negotiation meetings: €568,910;
— Project
management and staff costs: €252,424;
—
Contingencies and Indirect Costs: €105,226
Total: €1,274,399
14.28 The budget has been calculated "using
a combination of UN budgeting tools (for estimating administrative
costs, daily subsistence allowance, hospitality costs), previous
experience of hosting multilateral meetings, and estimates taken
from EU Commission Guidelines for flights and per diems.
The locations for events will be chosen to capture the widest
possible audience to ensure extensive international reach; some
external experts provide their services free of charge, and the
budget covers only travel and subsistence for them where this
is required".
14.29 The Minister also notes that there is no additional
financial burden on the UK as a result of this decision, which
will be taken from the 2014 CFSP budget.
14.30 Finally, with regard to the Timetable,
the Minister says that, in order for the EEAS to sign contracts
with the implementing agents within the current budget and begin
outreach leading up to negotiations, the Council Decision would
need to be adopted by early February 2015.
Previous Committee Reports
None, but see (33884), — and (35714), —:
Ninth Report HC 219-ix (2014-15), chapter 37 (3 September
2014), Thirty-first Report HC 83-xxviii (2013-14), chapter
14 (22 January 2014) and (33884), —: Third Report HC
86-iii (2012-13), chapter 14 (23 May 2012).
35 See the relevant Council Conclusions. Back
36
See the relevant Council Conclusions. Back
37
(33884), -: Third Report HC 86-iii (2012-13), chapter 14 (23 May
2012). Also see Code of Conduct for Outer Space Activities for
full background. Back
38
General Arrangements for EU Statements in multilateral organisations.
For the Committee's consideration of the General Arrangements,
see Fifty-fourth Report HC 428-xlix (2010-12),
chapter 18 (1 February 2012). Back
39
According to the Government, the National Space Security Policy
"sets out a coherent approach to the UK's space security
interests and outlines measures to make the United Kingdom more
resilient to the risk of disruption to space services and capabilities,
enhance our national security interests through space, promote
a safe and more secure space environment and enable industry and
academia to exploit science and grasp commercial opportunities". Back
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