No L 208/26 Official Journal of the European Communities 28. 7. 81 COMMISSION DECISION of 6 July 1981 establishing that the apparatus described as ‘Perkin Elmer differential scanning calorimeter, DSC-2C’ may not be imported free of Common Customs Tariff duties (81/573/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 21 January 1981, Germany has requested the Commission to invoke the proce- dure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as ‘Perkin Elmer differential scan- ning calorimeter, DSC-2C’, to be used for the determi- nation of the specific heat and the transition entropy of materials which have ferroelectric and other struc- tural phase transition, and also in the study of proper- ties of metallic glasses, for the determination of the temperature of crystallization and heat of crystalliza- tion of these materials, should be considered as a scientific apparatus and, where the reply is in the affir- mative, 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 28 April 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 a calorimeter ; Whereas it does not have the requisite objective characteristics making it specifically suited to scien- tific research ; whereas, moreover, apparatus of the same kind are principally used for non-scientific activi- ties ; whereas its use in the case in question could not alone confer upon it the character of a scientific appa- ratus ; whereas it therefore cannot be regarded as a scientific apparatus, whereas the duty-free admission of the apparatus in question is therefore not justified, HAS ADOPTED THIS DECISION : Article ] The apparatus described as ‘Perkin Elmer differential scanning calorimeter, DSC-2C’ which is the subject of an application by Germany of 21 January 1981 may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 6 July 1981. For the Commission Karl-Heinz NAR JES Member of the Commission () OJ No L 184, 15. 7. 1975, p. 1. () OJ No L 134, 31. 5. 1979, p. 1. () OJ No L 318, 13. 12. 1979, p. 32.