No L 93/52 Official Journal of the European Communities 12. 4. 79 COMMISSION DECISION of 29 March 1979 on the refusal to accept the scientific character of an apparatus described as ‘Nikon mask alignment microscope’ (79/392/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 (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 (%), and in particular Articles 4 and § thereof, Whereas, by letter dated 26 September 1978, the United Kingdom Government requested the Commis- sion 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 ‘Nikon mask alignment microscope’, used in research into guided optical waves for communication purposes should be considered as a scientific appa- ratus 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 7 February 1979 within the Committee on Duty-Free Arrangements to examine this particular case ; (1) OJ No L 184, 15. 7. 1975, p. 1. () OJ No L 316, 6. 12. 1975, p. 17. Whereas this examination shows that the apparatus in question is a microscope of rather simple conception which is used mainly for the manufacture of inte- grated circuits ; whereas in itself it does not have objec- tive scientific characteristics making it specially suited to pure scientific research; whereas its use in this particular case cannot in itself give it the character of a scientific apparatus 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 ‘Nikon mask alignment microscope’ is not considered to be a scientific appa- ratus. Article 2 This Decision is addressed to the Member States. Done at Brussels, 29 March 1979. For the Commission Etienne DAVIGNON Member of the Commission