16.11.2005 Official Journal of the European Union L 29923 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/CESP of 14 November 2005 concerning restrictive measures against Uzbe- kistan (1), Having regard to the proposal from the Commission, Whereas: On 23 May 2005, the Council strongly condemned the ‘reported excessive, disproportionate and indiscriminate use of force by the Uzbek security forces in Andijan, Eastern Uzbekistan’, earlier that month. The Council expressed its deep regret regarding the failure of the Uzbek authorities to respond adequately to the United Nations’ call for an independent international inquiry. On 13 June 2005, it urged these authorities to reconsider their position by the end of June 2005. In view of the absence of any adequate response up to now, Common Position 2005/792/CFSP provides that certain restrictive measures should be imposed for an initial period of one year, during which period the measures will be kept under constant review. The restrictive measures provided for by Common Position 2005/792/CESP include, inter alia, a ban on the export of equipment which might be used for internal repression and a ban on technical assistance, financing and financial assistance related to military activities, to arms and related materiel, and to equipment which might be used for internal repression. These measures fall within the scope of the Treaty and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, Community legislation is necessary to implement them (1) See page 72 of this Official Journal. as far as the Community is concerned. For the purposes of this Regulation, the territory of the Community should be deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty. In due course, the list of equipment which might be used for internal repression should be supplemented by the reference numbers taken from the Combined Nomen- clature as set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (3). Member States should determine the penalties applicable to infringements of the provisions of this Regulation. The penalties provided for should be proportionate, effective and dissuasive. In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force on the day following that of its publication, HAS ADOPTED THIS REGULATION: Article 1 For the purposes of this Regulation, the following definitions shall apply: e . ‘equipment which might be used for internal repression’ means the goods listed in Annex ; . ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, main- tenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; technical assistance includes verbal forms of assistance; . ‘territory of the Community’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty. OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 493/2005 (O] L 82, 31.3.2005, p. 1).