78/657/EEC: Commission Decision of 12 July 1978 on the refusal to accept the scientific character of an apparatus described as 'Beckman Dynograph Recorders, type R-511 A', equipped with 9872 couplers, Statham UC3 transducers and UL5 accessories

COMMISSION DECISION of 12 July 1978 on the refusal to accept the scientific character of an apparatus described as "Beckman Dynograph Recorders, type R-511 A", equipped with 9872 couplers, Statham UC3 transducers and UL5 accessories (78/657/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materials (1),

Having regard to Commission Regulation (EEC) No 3195/75 of 2 December 1975 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (2), and in particular Articles 4 and 5 thereof,

Whereas, by letter dated 14 March 1978, the French Government requested the Commission to invoke the procedure laid down in Articles 4 and 5 of Regulation (EEC) No 3195/75 in order to determine whether or not the apparatus described as "Beckman Dynograph Recorders, type R-511 A", equipped with 9872 couplers, Statham UC3 transducers and UL5 accessories, should be considered as a scientific apparatus and, if the reply is in the affirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Community;

Whereas, in accordance with the provisions of Article 4 (5) of Regulation (EEC) No 3195/75, a group of experts composed of representatives of all the Member States met on 23 June 1978 within the Committee on Duty-Free Arrangements to examine this particular case;

Whereas this examination shows that the apparatus in question is a multi-purpose physiological recorder which allows recording of, in particular, different physiological parameters as well as electro-physiological phenomena;

Whereas it is an apparatus in current use in clinical medicine ; whereas its use for recording the contractions of smooth muscles in the bio-assaying of biologically active substances could not alone give it the character of a device specially suited to pure scientific research ; whereas it cannot, therefore, be regarded as a scientific apparatus,

HAS ADOPTED THIS DECISION:

Article 1

The apparatus described as "Beckman Dynograph Recorders type R-511 A", equipped with 9872 couplers, Statham UC3 transducers and UL5 accessories, is not considered to be a scientific apparatus.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 12 July 1978.

For the Commission

Étienne DAVIGNON

Member of the Commission (1)OJ No L 184, 15.7.1975, p. 1. (2)OJ No L 316, 6.12.1975, p. 17.