No L 334/26 Official Journal of the European Communities 29. 11. 83 COMMISSION DECISION of 16 November 1983 establishing that the apparatus described as ‘MTS — Power Test System, consisting of : Load Unit, model 810.12, Hydraulic Service Manifolds, Servo Valve, model 252.24 and Control System, consisting of : Control Unit, model 436.11, Servo Controller, model 440.13, Valve Driver, model 440.14, DC Trans- ducer Conditioner, model 440.21, model 440.22 and Controller, model 442.11’ may not be imported free of Common Customs Tariff duties (83/580/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 (3), 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 9 June 1983, Italy 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 ‘MTS — Power Test System, consisting of : Load Unit, model 810.12, Hydraulic Service Manifolds, Servo Valve, model 252.24 and Control System, consisting of : Control Unit, model 436.11, Servo Controller, model 440.13, Valve Driver, model 440.14, DC Trans- ducer Conditioner, model 440.21, model 440.22 and Controller, model 442.11°, ordered on 14 April 1982 and intended to be used for the studies of damage in structural materials subjected to low-cycle fatigue at high temperatures, 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 17 October 1983, within the framework of the Committee on Duty-Free Arrangements, to examine the matter; () OJ No L 184, 15. 7. 1975, p. 1. (» OJ No L 74, 18. 3. 1982, p. 4. () OJ No L 318, 13. 12. 1979, p. 32. Whereas this examination showed that the apparatus in question is a test system ; whereas it does not have the requisite objective characteristics making it specifi- cally 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 it 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 ‘MTS — Power Test System, consisting of: Load Unit, model 810.12, Hydraulic Service Manifolds, Servo Valve, model 252.24 and Control System, consisting of : Control Unit, model 436.11, Servo Controller, model 440.13, Valve Driver, model 440.14, DC Transducer Condi- tioner, model 440.21, model 440.22 and Controller, model 442.11°, which is the subject of an application by Italy of 9 June 1983, may not be imported free of Common Customs Tariff duties. \ Article 2 This Decision is addressed to the Member States. Done at Brussels, 16 November 1983. For the Commission Karl-Heinz NAR JES Member of the Commission