6. 2. 82 Official Journal of the European Communities No L 29/19 COMMISSION DECISION of 21 December 1981 establishing that the apparatus described as ‘Varian-Leed/Auger optics, model 981-0127, with Leed/Auger electron gun, model 981-2125, power module, model 981-2145 and Leed module, model 981-2148’ may be imported free of Common Customs Tariff duties (82/64/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 amended by Regula- tion (EEC) No 1027/79 (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 18 May 1981, the Govern- ment of 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 ‘Varian-Leed/Auger optics, model 981-0127, with Leed/Auger electron gun, model 981-2125, power module, model 981-2145 and Leed module, model 981-2148’, to be used for the analysis of structures of single-crystal surfaces and of the struc- ture and dynamics of adsorbates on such surfaces, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether appar- atus of equivalent 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 October 1981, within the framework of the Committee on Duty-Free Arrangements to examine the matter; Whereas this examination showed that the apparatus in question is an optical apparatus ; whereas its objec- tive technical characteristics such as the high sensiti- () OJ No L 184, 15. 7. 1975, p. 1. () OJ No L 134, 31. §. 1979, p. 1. () OJ No L 318, 13, 12. 1979, p. 32. vity and the degree of precision at the analysis of the surfaces of the cristals 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 activities, whereas it must therefore be considered to be a scientific apparatus; Whereas, on the basis of information received from Member States, apparatus of equivalent scientific value capable of use for the same purpose is not currently manufactured in the Community ; whereas, therefore, duty-free admission of this apparatus is justified, HAS ADOPTED THIS DECISION: Article 1 The apparatus described as ‘Varian-Leed/Auger optics, model 981-0127, with Leed/Auger electron gun, model 981-2125, power module model 981-2145 and Leed module, model 981-2148’, which is the subject of an application by the Government of the Federal Repu- blic of Germany of 18 May 1981, may be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 21 December 1981. For the Commission Karl-Heinz NARJES Member of the Commission