No L 99/42 Official Journal of the European Communities 15. 4. 82 COMMISSION DECISION of 17 March 1982 establishing that the apparatus described as ‘Perkin-Elmer — atomic absorption spectrophotometer, model 4000G’ may not be imported free of Common Customs Tariff duties (82/213/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- tifi¢ and cultural materials ("), as amended by Regula- tion (EEC) No 1027/79 (3), Ha"ving 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 7 September 1981, the Federal Republic of Germany requested the Commis- sion 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 ‘Perkin- Elmer — atomic absorption spectrophotometer, model 4000G’, to be used for the quantitative determination of trace elements in soil, rock, plant and water, 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 spectrophotometer ; Whereas its objective technical characteristics such as the answer in the entire spectral field of the analysis () OJ No L 184, 15. 7. 1975, p. 1. () OJ No L 134, 31. 5. 1979, p. 1. () OJ No L 318, 13. 12. 1979, p. 32. 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 activi- ties ; 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 ‘SPg’ and ‘SP 2900’ manu- factured by Pye Unicam Ltd, York Street, UK-Cambridge, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Perkin-Elmer — atomic absorption spectrophotometer, model 4000G’, which is subject of an application by the Federal Republic of Germany of 7 September 1981 may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 17 March 1982. For the Commission Karl-Heinz NAR JES Member of the Commission