No L 246/18 Official Journal of the European Communities 21. 8. 82 COMMISSION DECISION of 16 August 1982 establishing that the apparatus described as ‘PHI — Analysis System, copsisting of : differential Jon Gun, model 04-303, Jon Gun Control, model 11-065, X-Y Recorder; model 18-020. and Multiplex Control, model 20-055’ may not be imported free of Common Customs Tariff duties (82/613/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 (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 17 February 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 ‘PHI — Analysis System, consisting of : differential Jon Gun, model 04-303, Jon Gun Control, model 11-065, X-Y Recorder, model 18-020 and Multiplex Control, model 20-055’, ordered 13 February 1980, and to be used for research on the controlled growth of extremely thin semiconductor layers, 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 15 July 1982 within the framework of the Commmittee on Duty-Free Arrangements to examine the matter; Whereas this examination showed that the apparatus in question is a system for analysis ; whereas its objec- L 184, 15. 7. 1975, p. 1. () O] No A () O] No L 74, 18. 3. 1982, p. 4. () OJ No L 318, 13. 12. 1979, p. 32. tive technical characteristics such as the precision of the emission, and the use to which it is put make it specially suited to scientific research ; whereas, more- over, apparatus of the same kind are principally used for scientific activities ; 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 ‘AG 6 Jon Gun’, 2600 series Recorder’ and ‘six channel peak selector, model 317’, manufactured by VG Scientific Ltd, Imberhorne Lane, UK-East ‘Grinstead, Sussex RH19 1UB, ' HAS ADOPTED THIS DECISION : Article 1 The apparatus described.as ‘PHI — Analysis System, consisting of : differential Jon Gun, model 04-303, Jon Gun Control, model 11-065, X-Y Recorder, model ° 18-020 and Multiplex Control, model 20-055°, which is subject of an application by the Federal Republic of Germany of 17 February 1982, may not be imported free of Common Customs Tariff duties. A'rticle 2 : This Decision is addressed to th.e Member States. Done at Brussels, 16 August 1982. For the Commission Etienne DAVIGNON Vice-President