26. 7. 83 Official Journal of the European Communities "No L 202/43 COMMISSION DECISION of 13 July 1983 establishing that the apparatus described as ‘Scintrex — High Sensitivity Vector Fluxgate Magnetometer, model MFM-3’ may be imported free of Common Customs Tariff duties (83/364/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, scien- tific and cultural materials ('), as last amended by Regulation (EEC) No 608/82 (), 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 (°), and in particular Article 7 thereof, Whereas, by letter dated 14 January 1983, Italy 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 described as ‘Scintrex — High Sensitivity Vector Fluxgate Magnetometer, model MFM-3, ordered in November 1980 and intended to be used for the studies of polarization induced with a magnetic detector, the observation and recording of the micro- pulsations of the earth’s magnetic field, caused mainly by solar agents, 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 31 May 1983 within the framework of the Committee on Duty-Free Arrangements to examine the matter; o L 184, 15. 7. 1975, p. 1. o L 74, 18. 3. 1982, p. 4. o L 318, 13. 12. 1979, p. 32. o)o) S ZZ7Z Whereas this examination showed that the apparatus in question is a magnetometer ; whereas its objective technical characteristics such as the sensibility in the magnetic detection, 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 ‘Scintrex — High Sensiti- vity Vector Fluxgate Magnetometer, mode!l MFM-3’ which is-the subject of an application by Italy of 14 January 1983 may be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 13 July 1983. For the Commission Karl-Heinz NAR JES Member of the Commission