Council Common Position 2007/734/CFSP of 13 November 2007 concerning restrictive measures against Uzbekistan
Date: 2007-11-13
Institutions: Council of the European Union
Subjects: Uzbekistan, common foreign and security policy, export restriction, international sanctions, military cooperation, military equipment, natural person, restriction of liberty, technical cooperation

L 295/34

EN

Official Journal of the European Union

14.11.2007

COUNCIL COMMON POSITION 2007/734/CFSP

of 13 November 2007

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,

Uzbek authorities to take positive steps to improve the
human rights situation and taking into account
the
commitments of the Uzbek authorities, the restrictions
on admission will not apply for a period of six months.
Before the end of this period the Council will review
whether
the Uzbek authorities have made progress
towards meeting the objectives referred to in recital (2).

Whereas:

(4)

Action by the Community is needed in order
implement certain measures,

to

(1)

(2)

On 14 November 2005, the Council adopted Common
Position 2005/792/CFSP concerning restrictive measures
against Uzbekistan (1)
in response to the excessive,
disproportionate and indiscriminate use of force by the
Uzbek security forces during events in Andijan in May
2005. Certain restrictive measures were renewed by
Council Common Position 2006/787/CFSP (2). On 14
the Council adopted Common Position
May 2007,
2007/338/CFSP renewing certain restrictive measures
against Uzbekistan (3) which extended the restrictions
on admission for some individuals for six months.

law and,

On 15 October 2007, the Council called on the Uzbek
authorities to make further progress in the area of
human rights. It urged Uzbekistan to implement in full
its international obligations relating to human rights and
fundamental
in
freedoms as well as rule of
particular, to allow full unimpeded access by relevant
international bodies to prisoners; to engage effectively
with the UN Special Rapporteurs to Uzbekistan; to let
including Human Rights Watch, operate
all NGOs,
to release human
without constraints in Uzbekistan;
rights
their
cease
harassment;
to engage positively on human rights
issues in the context of the forthcoming EU-Uzbekistan
Cooperation Committee and to pursue reforms of the
judiciary,
law enforcement and police law. Progress
towards these goals will be evaluated on the basis of a
report by the Heads of Missions, which will include an
assessment of the upcoming Presidential elections.

from detention and

defenders

HAS ADOPTED THIS COMMON POSITION:

Article 1

types,

The sale, supply, transfer or export of arms and related
1.
including weapons and ammunition,
materiel of all
military vehicles and equipment, paramilitary equipment and
spare parts
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.

aforementioned,

the

for

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

3.

It shall be prohibited:

(i) to provide technical assistance, brokering services and other
services related to military activities and to the provision,
manufacture, maintenance and use of arms and related
materiel of all types, including weapons and ammunition,
military vehicles and equipment, paramilitary equipment,
related to
and spare parts for
equipment which might be used for internal repression,
directly or indirectly to any natural or legal person, entity
or body in, or for use in, Uzbekistan;

the aforementioned, or

(3)

The Council considers it appropriate to renew for a
the arms embargo and the
period of 12 months
restrictions on admission for
individuals who are
directly responsible for the indiscriminate and dispropor-
tionate use of force in Andijan and the obstruction of an
independent inquiry. With a view to encouraging the

(1) OJ L 299, 16.11.2005, p. 72.
(2) OJ L 318, 17.11.2006, p. 43.
(3) OJ L 128, 16.5.2007, p. 50.

(ii) to provide financing or

financial assistance related to
military activities, including in particular grants, loans and
for any sale, supply, transfer or
export credit insurance,
export of arms and related materiel, or for the provision
of related technical assistance, brokering services and other
services, or related to equipment which might be used for
internal repression, directly or indirectly to any natural or
legal person, entity or body in, or for use in, Uzbekistan.

14.11.2007

EN

Official Journal of the European Union

L 295/35

Article 2

1.

Article 1 shall not apply to:

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

(i) the sale, supply, transfer or export of non-lethal military
equipment intended solely for humanitarian or protective
use, or for institution-building programmes of the UN, the
for EU and UN crisis
EU and the Community, or
management operations;

(ii) the supply,

transfer, or export of arms and equipment
referred to in Article 1 for the forces in Uzbekistan of
contributors to the International Security Assistance Force
(ISAF) and ‘Operation Enduring Freedom’ (OEF);

(i) as host country of an international intergovernmental orga-

nisation;

(ii) as host country to an international conference convened
by, or under the auspices of, the United Nations; or

(iii) under a multilateral agreement conferring privileges and

immunities; or

(iii) the sale, supply, transfer or export of equipment which
might be used for internal repression, intended solely for
humanitarian or protective use;

(iv) under

the 1929 Treaty of Conciliation (Lateran pact)
concluded by the Holy See (State of the Vatican City) and
Italy.

(iv) the sale, supply, transfer or export of non-combat vehicles
which have been manufactured or fitted with materials to
provide ballistic protection,
intended solely for protective
use of personnel of the EU and its Member States in Uzbe-
kistan;

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

(v) the provision of financing, financial assistance or technical
assistance related to equipment referred to in (i), (ii), (iii)
and (iv),

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

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 Uzbe-
kistan 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

shall

take the necessary measures

to
1. Member States
prevent the entry into, or transit through, their territories of
listed in Annex II, directly responsible for
those individuals,
the
in
Andijan and the obstruction of an independent inquiry.

and disproportionate use of

indiscriminate

force

Paragraph 1 shall not oblige a Member State to refuse its

2.
own nationals entry into its territory.

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 inter-
governmental 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.

A Member State wishing to grant exemptions referred to
7.
in writing. The
in paragraph 6 shall notify the Council
exemption shall 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. Should one or more of the Council members raise
an objection, the Council, acting by a qualified majority, may
decide to grant the proposed exemption.

8. 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.

L 295/36

EN

Official Journal of the European Union

14.11.2007

Article 4

Article 6

The application of the measures referred to in Article 3 shall be
suspended until 13 May 2008. Before that date, the Council
shall review the situation in Uzbekistan and assess progress
made by the Uzbek authorities towards ensuring respect for
human rights and fundamental freedoms, as well as for the
rule of law.

This Common Position shall
adoption.

take effect on the date of

its

Article 7

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

Article 5

Done at Brussels, 13 November 2007.

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.

For the Council
The President

F. TEIXEIRA DOS SANTOS

14.11.2007

EN

Official Journal of the European Union

L 295/37

ANNEX I

List of equipment which might be used for internal repression

Equipment for internal repression envisaged by Article 1(2)

1.

Firearms, ammunition and related accessories therefor, as follows:

1.1. Firearms not controlled by ML 1 and ML 2 of the EU Common Military List;

1.2. Ammunition specially designed for the firearms listed in 1.1 and specially designed components therefor;

1.3. Weapon-sights not controlled by the EU Common Military List.

2.

3.

Bombs and grenades not controlled by the EU Common Military List.

Vehicles as follows (1):

3.1. Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control;

3.2. Vehicles specially designed or modified to be electrified to repel borders;

3.3. Vehicles specially designed or modified to remove barricades,

including construction equipment with ballistic

protection;

3.4. Vehicles specially designed for the transport or transfer of prisoners and/or detainees;

3.5. Vehicles specially designed to deploy mobile barriers (2);

3.6. Components for the vehicles specified in 3.1 to 3.5 specially designed for the purposes of riot control.

4.

Explosive substances and related equipment as follows:

4.1. Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing
sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor — except those
specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other
equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge
arresters of fire sprinkler actuators);

4.2. Linear cutting explosive charges not controlled by the EU Common Military List;

4.3. Other explosives not controlled by the EU Common Military List and related substances as follows:

(a) amatol;

(b) nitrocellulose (containing more than 12,5 % nitrogen);

(c) nitroglycol;

(d) pentaerythritol tetranitrate (PETN);

(e) picryl chloride;

(f) 2,4,6-trinitrotoluene (TNT).

5.

Protective equipment not controlled by ML 13 of the EU Common Military List as follows (3):

5.1. Body armour providing ballistic and/or stabbing protection;

5.2. Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, anti-riot shields and ballistic shields.

(1) This item does not control vehicles specially designed for the purposes of fire-fighting.
(2) For the purposes of item 3.5 the term ‘vehicles’ includes trailers.
(3) This item does not control:

— equipment specially designed for sports activities;
— equipment specially designed for safety of work requirements.

L 295/38

EN

Official Journal of the European Union

14.11.2007

6.

Simulators, other than those controlled by ML 14 of the EU Common Military List, for training in the use of
firearms, and specially designed software therefor.

7. Night vision, thermal
Common Military List.

8.

Razor barbed wire.

imaging equipment and image intensifier tubes, other than those controlled by the EU

9. Military knives, combat knives and bayonets with blade lengths in excess of 10 cm.

10. Production equipment specially designed for the items specified in this list.

11. Specific technology for the development, production or use of the items specified in this list.

14.11.2007

EN

Official Journal of the European Union

L 295/39

ANNEX II

List of persons referred to in Article 3

1. Surname, First Name: Almatov, Zakirjan

Sex: Male

Title, Function: former Minister of Interior

Address: Tashkent, Uzbekistan

Date of birth: 10 October 1949

Place of birth: Tashkent, Uzbekistan

Passport or ID Number: Passport no DA 0002600 (Diplomatic ppt)

Nationality: Uzbek

2. Surname, First Name: Mullajonov, Tokhir Okhunovich

Alias: Alternative spelling for surname: Mullajanov

Sex: Male

Title, Function: former First Deputy Interior Minister

Address: Tashkent, Uzbekistan

Date of birth: 10 October 1950

Place of birth: Ferghana, Uzbekistan

Passport or ID Number: Passport no DA 0003586 (Diplomatic ppt) expires 5.11.2009

Nationality: Uzbek

3. Surname, First Name: Mirzaev, Ruslan

Sex: Male

Title, Function: Minister of Defence, former National Security Council State Adviser

4. Surname, First Name: Ergashev, Pavel Islamovich

Sex: Male
Title, Function: Colonel, Commander of the ‘Center’ Military Brigade

5. Surname, First Name: Mamo, Vladimir Adolfovich

Sex: Male

Title, Function: Major General, Deputy Commander, Defence Ministry Special Forces Brigade

6. Surname, First Name: Pak, Gregori

Sex: Male

Title, Function: Colonel, Commander of the Interior Ministry rapid reaction brigade (unit 7332)

7. Surname, First Name: Tadzhiev, Valeri

Sex: Male

Title, Function: Colonel, Commander of the Interior Ministry Special Forces Autonomous Detachment (unit 7351)

8. Surname, First Name: Inoyatov, Rustam Raulovich

Sex: Male

Title, Function: Chief of SNB (National Security Service)

Address: Tashkent, Uzbekistan

Date of birth: 22 June 1944

Place of birth: Sherabad, Uzbekistan

Passport or ID Number: Passport no DA 0003171 (Diplomatic ppt); also diplomatic passport no 0001892 (expired
15.9.2004)

Nationality: Uzbek