26. 3. 81 Official Journal of the European Communities No L 80/55 COMMISSION DECISION of 5 March 1981 establishing that the apparatus described as ‘Benthos—Edgerton deep sea standard camera, model 372’ may not be imported free of Common Customs Tariff duties (81/176/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 (1), 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 Regulaiion (EEC) No 1798/75 (%), and in particular Article 7 thereof, Whereas, by letter dated 27 August 1980, the United Kingdom Government 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 ‘Benthos —Edgerton deep sea standard camera, model 372’ to be used for studies of the oceanic depths and in parti- cular for studies of the sedimentary and volcanological structures, should be considered as a scientific appa- ratus 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 29 January 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 camera; 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 1 The apparatus described as ‘Benthos—Edgerton deep sea standard camera, model 372’, which is the subject of an application by the United Kingdom Govern- ment of 27 August 1980, may not be imported free of Common Customs Tariff duties. A Article 2 This Decision is addressed to the Member States. Done at Brussels, 5 March 1981. ~ For the Commission Karl-Heinz NARJES 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.