No L 329/22 Official Journal of the European Communities 25. 11. 83 COMMISSION DECISION of 4 November 1983 establishing that the apparatus described as ‘JEOL — Electron Probe X-ray microanalyzer, model JXA-733, with accessories’ may not be imported free of Common Customs Tariff duties ' (83/563/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 29 April 1983, the United Kingdom 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 ‘JEOL — Electron Probe X-ray microanalyzer, model JXA-733, with accessories’, ordered in August 1981 and intended to be used for carrying out chemical analysis on a micro- scale of materials, especially those containing light elements, 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 17 October 1983 within the framework of the Committee on Duty-Free Arrangements to examine the matter; Whereas this examination showed that the apparatus in question is an analyzer ; whereas its objective tech- nical characteristics such as the sensibility and the () OJ No L 184, 15. 7. 1975, p. 1. () OJ No L 74, 18. 3. 1982, p. 4. () OJ No L 318, 13. 12. 1979, p. 32. precision of the analysis and the use to which it is put make it specially suited to scientific research ; whereas, moreover, apparatus of the same kind are principally used for scientific activities ; whereas it must therefore be considered to be a scientific apparatus; Whereas, however, on the basis of information received from Member States, apparatus of scientific value equivalent to the said apparatus, capable of being used for the same purposes, are currently being manu- factured in the Community ; whereas this applies, in particular to the apparatus ‘SEM 505’ manufactured by Philips Nederland BV, Boschdijk 525, Eindhoven, the Netherlands, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘JEOL — Electron Probe X-ray microanalyzer, model JXA-733, with accesso- ries’, which is the subject of an application by the United Kingdom of 29 April 1983, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 4 November 1983. For the Commission Karl-Heinz NARJES Member of the Commission