No L 87/28 Official Journal of the European Communities 7. 4. 79 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 23 March 1979 refusing to accept the scientific character of the apparatus described as ‘Digital- Computersystem PDP — 11T34-FB’ (79/374/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 ('), Having regard to Commission Regulation (EEC) No 3195/75 of 2 December 1975 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Articles 4 and 5 thereof, Whereas, by letter dated 22 September 1978, the German Government requested the Commission to invoke the procedure laid down in Articles 4 and 5 of Regulation (EEC) No 3195/75 in order to determine whether or not the apparatus described as ‘Digital- Computersystem PDP — 11T34-FB’, intended for use as a demonstration and practice computer in the course of EDP training and, in particular, for model tests in computer-aided education and for the develop- ment of teaching/learning programmes for scholastic purposes, should be considered as a scientific appa- ratus 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 4 (5) of Regulation (EEC) No 3195/75, a group of experts composed of representatives of all the Member States met on 7 February 1979 within the Committee (') OJ No L 184, 15. 7. 1975, p. 1. () OJ No L 316, 6. 12. 1975, p. 17. on Duty-Free Arrangements to examine this particular case ; Whereas this examination showed that the apparatus in question is in current use and does not have any special characteristics rendering it specifically suited to pure scientific research ; whereas it can be used in very many areas of data processing ; whereas its use in the case in question could not alone confer upon it the character of a scientific apparatus specifically suited to pure scientific research ; whereas it therefore cannot be regarded as a scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Digital-Computersystem PDP — 11T34-FB’ is not considered to be a scientific apparatus. Article 2 This Decision is addressed to the Member States. Done at Brussels, 23 March 1979. For the Commission Etienne DAVIGNON Member of the Commission