16. 5. 84 Official Journal of the European Communities’ No L 130/33 COMMISSION DECISION of 3 May 1984 establishing that the apparatus described as ‘Perkin-Elmer — Liquid Chromato- graph, model Series 2/1 with spectrophotometric detector, model LC-75 and accessories’ may not be imported free of Common Customs Tariff duties (84/251/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 19 October 1983, Italy 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 ‘Perkin-Elmer — Liquid Chro- matograph, model Series 2/1 with spectrophotometric detector, model LC-75 and accessories’, ordered on § February 1983 and intended to be used for research concerning the synthesis of new heterocyclic deriva- tives and new heterocycles and the assessment of their pharmacological and microbiological activity, shouid be considered as 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 11 April 1984 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 liquid chromatograph ; whereas it does o L 184, 15. 7. 1975, p. 1. o L 74, 18. 3. 1982, p. 4. o L 318, 13. 12. 1979, p. 32. Z2Z2Z not have the requisite objective characteristics making it specifically suited to scientific research ; whereas, in particular, the fast obtaining of very pure samples in sufficient quantities for the pharmacological and microbiological tests cannot confer upon it this character ; whereas, moreover, apparatus of the same kind are principally used for non-scientific activities, in particular in the pharmaceutic industry ; whereas its use in the case in question could not alone confer upon it the character of a scientific apparatus ; whereas it therefore cannot be regarded as a scientific appa- ratus ; whereas the duty-free admission of the appar- atus in question is therefore not justifed, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Perkin-Elmer — Liquid Chromatograph, model Series 2/1 with spectrophoto- metric detector, model LC-75 and accessories’, which is the subject of an application by Italy of 19 October 1983, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 3 May 1984. For the Commission Karl-Heinz NAR JES Member of the Commission