13. 5. 82 Official Journal of the European Communities No L 131/31 COMMISSION DECISION of 13 April 1982 establishing that the apparatus described as ‘Packard — Tri-Carb Spectrometer, model 3255-01’, may not be imported free of Common Customs Tariff duties (82/292/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 amended by Regula- tion (EEC) No 1027/79 (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 (3}, and in particular Article 7 thereof, Whereas, by letter dated 1 October 1981, the Italian Republic 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 ‘Packard — Tri-Carb Spectrometer, model 3255-01’, to be used as a counter of radio-isotopes in tissues of living organisms, 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 manufac- tured 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 4 February 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 ; Whereas its objective technical characteristics such as the measuring field of the spectrum and the use to which it is put make it specially suvited to scientific research ; whereas, moreover, apparatus of the same kind are principally used for scientific activities; () OJ No L 184, 15. 7. 1975, p. 1. {) O] No L 134, 31. 5. 1979, p. 1. () OJ No L 318, 13. 12. 1979, p. 32. 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 ‘Isocap 300°, manufactured by G.D. Searle Nederland BV, Wiegerbruinlaan 75, NL-Uithoorn, to the apparatus ‘PW 4540, manufac- tured by Philips Nederland BV, Boschdijk 525, NL-Eindhoven, to the apparatus ‘SL 4000°, manufac- tured by Roche-Bioélectronique-Kontron, 2, avenue du Manet, Montigny-le-Brétonneux, F-78194 Trappes Cedex, and to the apparatus manufactured by Nuclear Enterprises Ltd, Sighthill, UK-Edinburgh EH11 4EY, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Packard — Tri-Carb Spec- trometer, model 3255-01", which is subject of an appli- cation by the Italian Republic of 1 October 1981, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 13 April 1982. For the Commission Etienne DAVIGNON Vice-President