31980D1351

COMMISSION DECISION of 22 December 1980 establishing that the apparatus described as "Le Croy - 8-channel updating discriminator, NIM model 623 ; triple 4-fold logic unit, NIM model 465 ; quad linear fan-in/fan-out, NIM model 428 F ; variable attenuator, model A 101 L" may not be imported free of Common Customs Tariff duties (80/1351/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 amended by Regulation (EEC) No 1027/79 (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 21 June 1980, the Italian Government has 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 decribed as "Le Croy - 8-channel updating discriminator, NIM model 623 ; triple 4-fold logic unit, NIM model 465 ; quad linear fan-in/fan-out, NIM model 428 F ; variable attenuator, model A 101 L", to be used in the dating and hydrogeological field and in particular in measurements of beta activity of samples, should be considered as 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 4 December 1980, 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 counting chain;

Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas, moreover, apparatus of the same kind are principally used for non-scientific activities ; whereas its use in the case in question could not alone confer upon in the character of a scientific apparatus ; whereas it therefore cannot be regarded as a scientific apparatus ; whereas the duty-free admission of the apparatus in question is therefore not justified,

HAS ADOPTED THIS DECISION:

Article 1

The apparatus described as "Le Croy - 8-channel updating discriminator, NIM model 623 ; triple 4-fold logic unit, NIM model 465 ; quad linear fan-in/fan-out, NIM model 428 F ; variable attenuator, model A 101 L", which is the subject of an application by the Italian Government of 21 June 1980, may not be imported free of Common Customs Tariff duties.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 22 December 1980.

For the Commission

Étienne DAVIGNON

Member of the Commission (1) OJ No L 184, 15.7.1975, p. 1. (2) OJ No L 134, 31.5.1979, p. 1. (3) OJ No L 318, 13.12.1979, p. 32.