15. 6. 82 Official Journal of the European Communities No L 168/37 COMMISSION DECISION of 19 May 1982 establishing that the apparatus described as ‘Ortec — Timing Filter Amplifier, model 474 with Constant-Fraction Discriminator, model 473 A, Counter and Timer, model 776 and Nanosecond Display, model 425 A’ may not be imported free of Common Customs Tariff duties (82/378/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 17 November 1981, Italy 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 ‘Ortec — Timing Filter Ampli- fier, model 474 with Constant-Fraction Discriminator, model 473A, Counter and Timer, model 776 and Nanosecond Display, model 425A’, ordered 14 March 1980 and to be used for research in nuclear and solid- state physics, should be considered as 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 19 April 1982 within the framework of the Committee on Duty-Free Arrangements to examine the matter ; whereas this examination showed () OJ No L 184, 15. 7. 1975, p. 1. () OJ No L 134, 31. 5. 1979, p. 1. () O No L 318, 13. 12. 1979, p. 32. that the apparatus in question is an amplifier with time discriminators ; Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas, moreover, apparatus 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 ‘Ortec — Timing Filter Amplifier, model 474 with Constant-Fraction Discri- minator, model 473A, Counter and Timer, model 776 and Nanosecond Display, model 425A’, which is the subject of an application by Italy of 17 November 1981, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 19 May 1982. For the Commission Karl-Heinz NARJES Member of the Commission