17. 12. 82 Official Journal of the European Communities No L 356/45 COMMISSION DECISION of 30 November 1982 establishing that the apparatus described as ‘SPEX — Compudrive Czerny-Turner Spectrometer, model 1704’ may not be imported free of Common Customs Tariff duties (82/842/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 9 June 1982, the United Kingdom 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 ‘SPEX — Compudrive Czerny-Turner Spectrometer, model 1704’ ordered on 27 January 1982 and to be used for research in plasma emission spectroscopy with microwave and radio- frequency sources and in particular for the measure- ment of selected wavelengths of light emitted by the plasma sources employed, 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 manufactured in the Commu- nity ; 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 22 October 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 resolution power, and the use to which it is put () OJ No L 184, 15. 7. 1975, p. 1. () O No L 74, 18. 3. 1982, p. 4. ) OF No L 318, 13. 12. 1979, p. 32. 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 scientific 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 ‘JY38P' manufactured by Jobin Yvon, 16-18, rue du Canal, F-91163 Longje- meau, HAS ADOPTED THIS DECISION: Article 1 The apparatus described as ‘SPEX — Compudrive Czerny-Turner Spectrometer, model 1704’, which is the subject of an application by the United Kingdom of 9 June 1982, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 30 November 1982. For the Commission Karl-Heinz NARJES Member of the Cofmission