No L 272/20 Official Journal of the European Communities 22. 9. 82 COMMISSION DECISION of 10 September 1982 establishing that the apparatus described as ‘Varian — EPR Spectrometer, model E-104 A, with variable temperature, model E-257" may not be imported free of Common Customs Tariff duties (82/647/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 25 February 1982, 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 ‘Varian — EPR Spectrometer, model E-104 A, with variable temperature, model E-257’, ordered on 22 November 1977 and to be used for research on lipidic membranes for anaesthetic purposes and on polyaminosaccharides, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equi- valent 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 July 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 ; () OJ No L 184, 15. 7. 1975, p. 1. () Of No L 74, 18. 3. 1982, p. 4. () O] No L 318, 13. 12. 1979, p. 32. Whereas its objective technical characteristics, such as the precision of the regulation field, 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 scien- tific apparatus ; Whereas, however, on the basis of information received from Member States, apparatus of scientific value equivalent to the said apparatus, capable of being used for the same purposes, are currently being manu- factured in the Community ; whereas this applies, in particular, to the apparatus ‘ER 10’ manufactured by Bruker Spectrospin SA, 34, rue de U'Industrie, F-67160 Wissembourg, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Varian — EPR Spectro- meter, model E-104 A, with variable temperature, model E-257’, which is the subject of an application by Italy of 25 February 1982, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 10 September 1982. For the Commission Karl-Heinz NARJES Member of the Commission