-31. 12, 82 Official Journal of the European Communities No L 386/57 COMMISSION DECISION of 30 December 1982 establishing that the apparatus described as ‘Jeol — Scanning Electron Microscope, model JSM-35C’ may not be imported free of Common Customs Tariff duties (82/965/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Euro- pean 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 educa- tional, 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 16 July 1982, the Federal Republic of Germany has requested the Commis- sion to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus des- cribed as ‘Jeol — Scanning Electron Microscope, model JSM-35C’, ordered on 4 July 1979 and to be used in the framework of teaching programmes on structural materials, for research of the fire be- haviour of structural members with reference to changes in microstructure, 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 November 1982, within the framework of the Committee on Duty- Free Arrangements to examine the matter; Whereas this examination showed that the appara- tus in question is an electron microscope; whereas its objective technical characteristics, such as the (1) OJ No L 184, 15.7. 1975, p. 1. (?) OJ No L 74, 18.3. 1982, p. 4. (3) OJ No L 318, 13. 12. 1979, p. 32. resolution power 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, however, on the basis of informa- tion received from Member States, apparatus of scientific value equivalent to the said apparatus, capable of being used for the same purposes, are currently being manufactured in the Community; whereas this applies, in particular, to the apparatus ‘PSEM 500X’ manufactured by Philips Nederland BV, Boschdijk 525, NL-Eindhoven, and to the apparatus ‘150’ and ‘180’ manufactured by Cam- bridge Scientific Instruments Ltd, Rustat Road, UK-Cambridge CB1 3QH, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Jeol — Scanning Elec- tron Microscope, model JSM-35C, which is the subject of an application by the Federal Republic of Germany of 16 July 1982, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. - Done at Brussels, 30 December 1982. For the Commission Karl-Heinz NARJES Member of the Commission