No L 206/24 Official Journal of the European Communities 27.17. 81 COMMISSION DECISION of 6 July 1981 establishing that the apparatus described as ‘Perkin Elmer differential scanning calorimeter, DSC-2C’ may not be imported free of Common Customs Tariff duties (81/551/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 educational, scientific and cultural materials (1), as amended by Regulation (EEC) No 1027/79 (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 (%), and in particular Article 7 thereof, Whereas, by letter dated 21 January 1981, Germany has requested the Commission to invoke the proce- dure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as ‘Perkin Elmer differen- tial scanning calorimeter, DSC-2C’, to be used for the determination of the specific heat and the transi- tion entropy of materials which have ferroelectric and other structural phase transition, and also in the study of properties of metallic glasses, for the deter- mination of the temperature of crystallization and heat of crystallization of these materials, 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 manu- factured in the Community; Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/79, a () OJNoL 184,15.7.1975, p. 1. () OJ NoL134,31.5.1979, p. . (®) OJ NoL 318, 13.12. 1979, p. 32. group of experts composed of representatives of all the Member States met on 28 April 1981 within the framework of the Committee on Duty-Free Arrange- ments to examine the matter; Whereas this examination showed that the appara- tus in question is a calorimeter; Whereas it does not have the requisite objective characteristics making it specifically suited to scien- tific 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 I The apparatus described as ‘Perkin Elmer differen- tial scanning calorimeter, DSC-2C’, which is the subject of an application by Germany of 21 January 1981, may not be imported free of Common Cus- toms Tariff duties. Article 2 This Decision is addressed to the Member Stgnes. Done at Brussels, 6 July 1981. For the Commission Karl-Heinz NARJES Member of the Commission