EU Statement – UN Disarmament Commission: Outer Space

5 April 2023, New York – European Union Statement at the United Nations Disarmament Commission Working Group II – Outer Space

 

 - Final as delivered -

 

Madame Chair,

I have the honour to speak on behalf of the European Union and its Member States.

The Candidate Countries North Macedonia, Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova and Bosnia and Herzegovina, the potential candidate country Georgia, and the EFTA countries Iceland, Liechtenstein and Norway, members of the European Economic Area align themselves with this statement.

 

Madame Chair,

Outer space is an area where security challenges have increased in recent years, risking not only the sustainability of the space environment, but also the safe and secure operations of space activities and access to services on which the global community relies. And this warrants our full attention.

Thus, ensuring space security, preventing an arms race in outer space and preventing outer space from becoming an area of conflict are essential for the strengthening of strategic stability and for safeguarding the long-term use of the space environment for peaceful purposes in the common interest of humankind, for present and future generations.

The European Union and its Member States continue to strongly promote the preservation of a safe, secure and sustainable space environment and the peaceful use of outer space on an equitable and mutually-acceptable basis. We also remain strongly committed to the prevention of an arms race in outer space.

The EU and its Member States regard outer space as a global commons, to be used for the benefit of all. The EU and its Member States reiterate that international law, in particular the United Nations Charter, the UN Treaties on Outer Space and International Humanitarian Law, is applicable to outer space. The Outer Space Treaty, the other UN treaties on Outer Space as applicable as well as the guiding principles developed in the UN framework constitute the cornerstone of the global governance in outer space. The EU and its Member States stress the importance of conducting space activities in accordance therewith.

 

Madame Chair,

The integrity of the rules-based international system is key to our collective security. It can be only achieved through effective multilateralism and rules-based global governance. We will continue to do our utmost to protect these principles and values and we reaffirm our intention to intensify support for the global rules-based order, with the United Nations at its core.

Against this background, the EU and its Member States underline that the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) and its Subcommittees remain unique international platforms for international cooperation in the peaceful uses of outer space, including on the development of international space law, international norms and standards, guidelines, best practices, and other transparency and confidence building measures regulating space activities. The Committee’s important role for global space governance was also recognised by the UN Secretary General in his report “Our Common Agenda”. In the same time, the Conference on Disarmament remains the world’s single multilateral disarmament negotiating body and one of the key elements of disarmament machinery. Its continued relevance and effective functioning is of utmost importance for the EU.

The EU and its Member States co-sponsored and strongly supported the preamble and the 21 Guidelines for the Long-term Sustainability of Outer Space activities, adopted by the UN General Assembly in 2019 and welcomed the establishment of the Working Group on the Long-term Sustainability of Outer Space Activities (WG-LTS) under the Scientific and Technical Sub-Committee, and its progress since then.

The European Union has submitted a joint contribution consisting of the contributions of the EU institutions and EU Member States, providing information on how they have implemented the LTS guidelines or what their plans are, taking into consideration the fast development of space activities at both European and national levels.

 

Madame Chair,

Trust and confidence are at the centre of any security-related process. Thus, we are convinced that fostering mutual trust and strengthening transparency between States is key to enhance space security and to avoid a conflict in outer space. The EU and its Member States consider that publishing and sharing information about space doctrines, policies and strategies is a responsible behaviour and would help create confidence between different actors.

Against this background, the EU and its Members States acknowledged in the Strategic Compass adopted in March 2022 that they need to be prepared for a more competitive and contested space environment. Due to our increasing dependency on space systems and services, we are more vulnerable to irresponsible and threatening behaviour by strategic competitors. The freedom of action of the EU and its Member States depends on safe, secure and autonomous access to the space domain. An EU Space Strategy for security and defence will help the EU and its Member States build a common understanding of space-related risks and threats, communicate on what they perceive as threatening behaviours, develop appropriate measures, including response measures to protect their interests, and also make full use of the benefits and opportunities linked to the space domain. This Strategy, presented in a Joint Communication of the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy in March 2023 will implement the actions comprised in the Strategic Compass and complement the 2016 Space Strategy for Europe. Once adopted by the Member States, it will ensure transparency on the Union’s activities and intentions. Our objective is for the EU to take stock of the existing security environment and adapt to contingencies as a responsible space actor, to contribute to preventing miscalculation and misinterpretation.

The EU and its Member States support the 2013 report of the Group of Governmental Experts on Transparency and Confidence Building measures in Outer Space Activities, which was agreed by consensus. The EU and its Member States consider that States should fully implement the recommendations and improve transparency and remain convinced that TCBMs can make an important contribution to the security, safety and sustainability of activities in outer space. Efforts to pursue political commitments, through a comprehensive approach, dealing with both civil and military aspects of space activities, and as a complement to existing international law, remain relevant.

In this context, the European Union has submitted a joint contribution to the UNSG report on transparency and confidence building measures, under the UN Resolution 77/251, to be issued later this year.

Further, sharing information on space launch vehicle programs, including prelaunch notifications, is already an established practice under the Hague Code of Conduct (HCoC). The EU and its Member States encourage all States to subscribe to the HCoC and to fully implement its provisions. Such measures will help reduce the risks of misperception, miscalculation, and unwanted conflict escalation.

Furthermore, the EU and its Member States underline the important role of ITU in the management of the radio frequency spectrum and geostationary orbital slots. In the context of transparency and confidence-building measures, the ITU Radiocommunication Bureau plays a key role in addressing harmful radio-frequency interference, as provided for in article 45 of the ITU Constitution and article 15 of the ITU Radio Regulations. The EU and its Member States emphasise the importance of commitments to establish and implement policies and procedures to minimize any form of harmful radio-frequency interference with the peaceful and free exploration and use of outer space.

 

Madame Chair,

Historically, legally binding instruments on outer space have drawn on previous non-legally binding commitments, through the adoption of different resolutions in the UN framework. The EU and its Member States believe that, given the dual-use nature of many space systems, an approach based on behaviours, supported by relevant monitoring capabilities, the most pragmatic and immediate way forward is in a step by step approach towards a possible legally binding instrument in the future. This will help to reduce the risks of misunderstanding, misinterpretation and miscalculation, and help to decrease the risk of conflicts and escalation in outer space.

This is why, the EU and its Member States fully supported the establishment of the Open Ended Working Group on reducing space threats as a pragmatic step in a cooperative and comprehensive process that helps to build a common understanding of what can be considered responsible and irresponsible behaviours. This behavioural approach should be consistent with the existing international law and complement the relevant traditional disarmament and arms control tools to further strengthen the existing normative framework for the peaceful exploration and use of outer space for the benefit of all nations.

In this context, the EU has made several joint contributions, and several EU Member States have submitted national or cross-regional working papers. We welcome the active engagement demonstrated during this process, which shows the commitment of United Nations Member States and relevant organisations to address the issue of reducing space threats through norms, rules and principles of responsible behaviours, and aim for a consensus outcome document to be presented and discussed in the First Committee of the next UNGA The EU and its Member States underline the importance of a meaningful follow-up process..

The EU and its Member States firmly consider that global principles of responsible behaviour will contribute to increased international cooperation in space, commit to mutual non-interference in the peaceful exploration and use of outer space, facilitate an equitable access to outer space and increase transparency and confidence in the conduct of space activities.

In conclusion, EU and its Member States strongly believe that now is urgent and in the interest of all States to pragmatically and immediately improve space security and to act swiftly in order to agree on a global, common and multilateral solution through greater coordination and cooperation. We call for the involvement of all UN Member States and relevant organisations and UN bodies and formats, such as the CD, the ongoing OEWG, the upcoming GGE, COPUOS and UNDC. We should make best use of the rich expertise on space threats and security and, acknowledging the large overlap between the different working strands, closer cooperate and coordinate between them with the aim of creating new synergies and a broader approach to the subject. The EU and its Member States therefore continue to be fully committed to engage actively and constructively in discussions on the prevention of an arms race in outer space in different UN fora.

 

I thank you, Madame Chair.