Proposal for a Council Regulation amending Council Regulation (EC) No 1859/2005 imposing certain restrictive measures in respect of Uzbekistan
Date: 2008-12-11
Institutions: European Commission
Subjects: EU relations, Uzbekistan, export refund, international sanctions, military cooperation, military equipment, technical cooperation

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.12.2008 
COM(2008) 841 final 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 1859/2005 imposing certain restrictive measures 
in respect of Uzbekistan 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

On  14  November  2005,  Council  adopted  Regulation  (EC)  No  1859/2005  imposing 
certain restrictive measures in respect of Uzbekistan. This Regulation prohibits, among 
other  things,  the  sale,  supply,  transfer  and  export  to  Uzbekistan  of  equipment  which 
might  be  used  for  internal  repression.  Annex  I  to  this  Regulation  lists  the  goods  to 
which this prohibition applies. 

The list of goods was a reproduction of the list of equipment which might be used for 
internal  repression  set  out  in  Annex  I  to  the  Guidelines  on  Implementation  and 
Evaluation of Restrictive Measures (Sanctions) in the Framework of the EU Common 
Foreign and Security Policy, on which Council reached agreement in December 2003 
(Council document 15579/03).  

In December 2005, the Guidelines were updated and the list in Annex I was replaced 
(Council document 15114/05). As Council Regulation (EC) No 1236/2005 concerning 
trade  in  certain  goods  which  could  be  used  for  capital  punishment,  torture  or  other 
cruel, inhuman or degrading treatment or punishment,  introduced a system  of export 
licensing for some of the relevant goods, irrespective of their destination, these goods 
were  removed  from  the  standard  list  of  equipment  which  might  be  used  for  internal 
repression. 

(4) 

The Commission proposes to replace Annex I to Regulation (EC) No 1859/2005 with 
this updated list of equipment which might be used for internal repression. 

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Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 1859/2005 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 Article 
301 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EC)  No  1859/2005  of  14  November  2005  imposing  certain 
restrictive  measures  in  respect  of  Uzbekistan1  prohibits,  inter  alia,  the  sale,  supply, 
transfer  and  export  to  Uzbekistan  of  equipment  which  might  be  used  for  internal 
repression. Annex I to that Regulation lists the goods to which this prohibition applies. 

The list of equipment which might be used for internal repression should be updated 
following recommendations made by experts, taking into account Council Regulation 
(EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be 
used for capital punishment, torture or other cruel, inhuman or degrading treatment or 
punishment2.  

(3) 

Regulation (EC) No 1859/2005 should therefore be amended accordingly, 

HAS ADOPTED THIS REGULATION: 

Annex I to Regulation (EC) No 1859/2005 is replaced by the text set out in the Annex to this 
Regulation. 

Article 1 

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

Article 2 

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2 

OJ L 299, 16.11.2005, p. 23.  
OJ L 200, 30.7.2005, p. 1.  

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

Done at Brussels,  

For the Council 
The President 

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ANNEX  

“ANNEX I 

List of equipment which might be used for internal repression as referred to in Articles 
1(1), 2 and 4 

1. 

Fire-arms, ammunition and related accessories therefor, as follows: 

1.1  Firearms not controlled by ML 1 and ML 2 of the EU Common Military List3; 

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. 

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

Vehicles as follows: 

2. 

3. 

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; 

3.6  Components for the vehicles specified in 3.1 to 3.5 specially designed for the 

purposes of riot control. 

Note 1 This item does not control vehicles specially designed for the purposes 

of fire-fighting. 

Note 2 For the purposes of item 3.5 the term "vehicles" includes trailers. 

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 

3 

OJ C 98, 18.4.2008, p. 1. 

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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. 

b. 

c. 

d. 

e. 

f. 

amatol; 

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

nitroglycol; 

pentaerythritol tetranitrate (PETN); 

picryl chloride; 

2,4,6-trinitrotoluene (TNT). 

5. 

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

5.1  Body armour providing ballistic and/or stabbing protection; 

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

antiriot shields and ballistic shields. 

Note. This item does not control: 

- equipment specially designed for sports activities; 

- equipment specially designed for safety of work requirements. 

6. 

7. 

8. 

9. 

10. 

11. 

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. 

Night  vision,  thermal  imaging  equipment  and  image  intensifier  tubes,  other  than 
those controlled by the EU Common Military List. 

Razor barbed wire. 

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

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

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

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