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            COUNCIL REGULATION (EC) No 1859/2005

of 14 November 2005         

imposing certain restrictive measures in respect of Uzbekistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof,

Having regard to Common Position 2005/792/CFSP of 14 November 2005 concerning restrictive measures against Uzbekistan (1),

Having regard to the proposal from the Commission,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation, the following definitions shall apply:

Article 2

It shall be prohibited:

Article 3

It shall be prohibited:

Article 4

1.   By way of derogation from Articles 2 and 3, the competent authorities of the Member States as listed in Annex II, may authorise:

2.   No authorisations shall be granted for activities that have already taken place.

Article 5

Articles 2 and 3 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Uzbekistan by United Nations personnel, personnel of the European Union, the Community or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.

Article 6

The Commission and the Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.

Article 7

The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.

Article 8

The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

The Member States shall notify the Commission of those rules without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.

Article 9

This Regulation shall apply:

Article 10

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 November 2005.

For the Council

The President

T. JOWELL            

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(1)  See page 72 of this Official Journal.

(2)OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1).

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ANNEX I

List of equipment which might be used for internal repression referred to in Articles 1(1) and 2(a)

The list below does not comprise articles that have been specially designed or modified for military use.

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ANNEX II

List of competent authorities referred to in Article 4

BELGIUM

Federal Authority in charge of sales, purchases and technical assistance by Belgian defence forces and security services, and of financial and technical services in relation to the production or delivery of weapons and military and paramilitary equipment:

Federale Overheidsdienst Economie, KMO, Middenstand en Energie/Service Public Fédéral Economie, PME, Classes Moyennes et Energie

Regional Authorities in charge of other export, import and transit licences for weapons, military and paramilitary equipment:

Brussels Hoofdstedelijk Gewest/Région de Bruxelles — Capitale:

Région wallonne:

Vlaams Gewest:

CZECH REPUBLIC

DENMARK

GERMANY

For authorisations concerning the provision of financing and financial assistance according to Article 4 paragraph 1(b) and (c):

For authorisations according to Article 4 paragraph 1(a), according to Article 4 paragraph 1(b) concerning related technical assistance, and according to Article 4 paragraph 1(c) concerning the provision of technical assistance:

ESTONIA

GREECE

SPAIN

FRANCE

IRELAND

ITALY

CYPRUS

LATVIA

LITHUANIA

LUXEMBOURG

HUNGARY

MALTA

NETHERLANDS

AUSTRIA

POLAND

PORTUGAL

SLOVENIA

SLOVAKIA

FINLAND

SWEDEN

UNITED KINGDOM

EUROPEAN COMMUNITY

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