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            COUNCIL COMMON POSITION 2005/792/CFSP

of 14 November 2005         

concerning restrictive measures against Uzbekistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

HAS ADOPTED THIS COMMON POSITION:

Article 1

1.   The sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, to Uzbekistan by nationals of Member States, or from the territories of Member States, or using their flag vessels or aircraft shall be prohibited whether originating or not in their territories.

2.   The sale, supply, transfer or export of equipment, listed in Annex I, which might be used for internal repression to Uzbekistan shall be prohibited.

3.   It shall be prohibited:

Article 2

1.   Article 1 shall not apply to:

on condition that such exports and assistance have been approved in advance by the relevant competent authority.

2.   Article 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Uzbekistan by United Nations personnel, personnel of the EU, the Community or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.

Article 3

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of those individuals, listed in Annex II, directly responsible for the indiscriminate and disproportionate use of force in Andijan and the obstruction of an independent inquiry.

2.   Paragraph 1 does not oblige a Member State to refuse its own nationals entry into its territory.

3.   Paragraph 1 shall be without prejudice to cases where a Member State is bound by an obligation of international law, namely:

4.   Paragraph 3 shall apply also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE.).

5.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.

6.   Member States may grant exemptions from the measures imposed in paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the European Union, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Uzbekistan.

7.   A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption will be deemed to be granted unless one or more of the Council Members raises an objection in writing within two working days of receiving notification of the proposed exemption. In the event that one or more of the Council members raises an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

8.   In cases where pursuant to paragraphs 3, 4, 6 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex II, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

Article 4

No technical meetings scheduled in accordance with the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part (1), shall take place.

Article 5

This Common Position shall apply for a period of 12 months. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.

Article 6

This Common Position shall take effect on the date of its adoption.

Article 7

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 14 November 2005.

For the Council

The President

T. JOWELL            

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(1)OJ L 229, 31.8.1999, p. 3.

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ANNEX I

List of equipment which might be used for internal repression

Equipment for internal repression referred to in Article 1(2)

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 persons referred to in Article 3 of this Common Position

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