“No L 179/30 Official Journal of the European Communities 23. 6. 82 COMMISSION DECISION of 7 June 1982 establishing that the apparatus described as ‘Spectra Physics — He Ne Laser, model 125 A’ may not be imported free of Common Customs Tariff duties (82/410/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 3 December 1981, 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 ‘Spectra Physics — He Ne Laser, model 125 A’, ordered on 16 January 1980 and to be used for the study of energy transfer and reaction processes in polyatomic mole- cules by means of the measurement of frequency dispersion in an acoustically resonant opto-acoustic cell, 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 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 14 May 1982 within the framework of () 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. the Committee on Duty-Free Arrangements to examine the matter; Whereas this examination showed that the apparatus in question is a laser, whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas, moreover, appa- ratus of the same kind are principally used for non- scientific activities ; 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 apparatus; whereas the duty-free admission of the apparatus in question is therefore not justified, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Spectra Physics — He Ne Laser, model 125 A’, which is the subject of an appli- cation by the Federal Republic of Germany of 3 December 1981, may not be imported free of Common Customs tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 7 June 1982. For the Commission Karl-Heinz NARJES Member of the Commission