No L 160/48 Official Journal of the European Communities 18. 6. 83 COMMISSION DECISION of 9 June 1983 establishing that the apparatus described as ‘Spex — Monochromator Minimate, model 1670’ may not be imported free of Common Customs Tariff duties (83/303/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 30 November 1982, the Federal Republic of Germany 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 ‘Spex — Monochromator Minimate, model 1670, ordered on 23 December 1981 and intended to be used in a research project which deals with the development of new methods for measuring small absorption changes in plants, 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 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 monochromator ; Whereas its objective technical characteristics, such as the wide gamma of the spectrum, and the use to o L 184, 15 7. 1975, p. 1. o L 74, 18. 3. 1982, p. 4. o L 318, 13. 12. 1979, p. 32. (ot 222 which it is put 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 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 ‘H25 manufactured by Jobin Yvon, 16-18 rue du Canal, F-91163 Longjumeau and to the apparatus ‘Monochromator 121’ manufac- tured by Edinburgh Instruments Ltd, Riccarton, Currie, UK-Edinburgh EH14 4AP, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Spex — Monochromator Minimate, model 1670, which is subject of an applica- tion by the Federal Republic of Germany of 30 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, 9 June 1983. For the Commission Karl-Heinz NARJES Member of the Commission