83/57/EEC: Commission Decision of 28 January 1983 establishing that the apparatus described as 'Ortec - Economical Energy Dispersive Spectrometer EEDS II, with Si(Li) Detector, model 7861W-449' may be imported free of Common Customs Tariff duties

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COMMISSION DECISION

of 28 January 1983

establishing that the apparatus described as 'Ortec - Economical Energy Dispersive Spectrometer EEDS II, with Si(Li) Detector, model 7861W-449' may be imported free of Common Customs Tariff duties

(83/57/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), as last amended by Regulation (EEC) No 608/82 (2),

Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,

Whereas, by letter dated 22 July 1982, the Federal Republic of Germany requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as 'Ortec - Economical Energy Dispersive Spectrometer EEDS II, with Si(Li) Detector, model 7861W-449', ordered on 22 January 1979 and to be used for microanalytical structure examinations of fine ceramics, should be considered to be a scientific apparatus and, where 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 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 15 December 1982 within the framework of the Committee on Duty-Free Arrangements to examine the matter;

Whereas this examination showed that the apparatus in question is a spectrometer;

Whereas its objective technical characteristics, such as the precision of the micro-analyses, and the use to which it is put make it specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas it must therefore be considered to be a scientific apparatus;

Whereas, on the basis of information received from Member States, apparatus of equivalent scientific value capable of use for the same purpose is not currently manufactured in the Community; whereas, therefore, duty-free admission of this apparatus is justified,

HAS ADOPTED THIS DECISION:

Article 1

The apparatus described as 'Ortec - Economical Energy Dispersive Spectrometer EEDS II, with Si(Li) Detector, model 7861W-449', which is the subject of an application by the Federal Republic of Germany of 22 July 1982, may be imported free of Common Customs Tariff duties.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 28 January 1983.

For the Commission

Karl-Heinz NARJES

Member of the Commission

(1) OJ No L 184, 15. 7. 1975, p. 1.

(2) OJ No L 74, 18. 3. 1982, p. 4.

(3) OJ No L 318, 13. 12. 1979, p. 32.