15. 6. 83 Official Journal of the European Communities No L 157/27 COMMISSION DECISION of 3 June 1983 establishing that the apparatus described as ‘Lumonics — High Average Power CO, Laser, model TEA-820’ may not be imported free of Common Customs Tariff duties ' (83/294/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 508/82 (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 (*), and in particular Article 7 thereof, Whereas, by letter dated 24 November 1982, Italy 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 ‘Lumonics — High Average Power CO, Laser, model TEA-820°, ordered on 1 October 1979 and intended to be used for molecular dissociation tests requiring high energy and in parti- cular for molecular beam spectroscopy tests, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equi- valent scientific value is currently being manufactured 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 30 May 1983, 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 laser ; whereas its objective technical characteristics, such as the great stability, and the use to which it is put make it specially suited to scientific () OJ No L 184, 15. 7. 1975, p. 1. () O] No L 74, 18. 3. 1982, p. 4. % OJ No L 318, 13. 12. 1979, p. 32. research ; whereas, moreover, apparatus of the same kind are principally used for scientific activities; 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 ‘TL3’ manufactured by Edinburgh Instruments Ltd, Riccarton, Currie, UK-Edinburgh EH14 4AP to the apparatus ‘EMG 100/200° manufactured by Lambda Physik, Hans- Bocklerstrafle 12, D-3400 Géttingen and to the appa- ratus manufactured on request by Laser Applications Ltd, Gothenburg Way, Sutton Fields Industrial Estate, UK-Hull HU8 0YE, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Lumonics—High Average Power CO, Laser, model TEA-820°, which is the subject of an application by Italy of 24 November 1982, may not be imported free of Common Customs _Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 3 June 1983. For the Commission Karl-Heinz NARJES Member of the Commission