29. 10. 83 Official Journal of the European Communities No L 297/43 COMMISSION DECISION of 18 October 1983 establishing that the apparatus described as ‘Brancker — Plant Productivity Fluorometer, model SF-10° may not be imported free of Common Customs Tariff duties (83/530/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 12 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 ‘Brancker — Plant Productivity Fluorometer, model SF-10°, ordered in January 1983 and intended to be used in studies into the mechanism of action of photosynthesis inhibitor herbicides, should be considered as a scientific appar- atus 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 22 September 1983 within the frame- work of the Committee on Duty-Free Arrangements to examine the matter; OJ No L 184, 15. 7. 1975, p. 1. OJ No L 74, 18. 3. 1982, p. 4. OJ No (‘g L 318, 13. 12. 1979, p. 32. (2 () Whereas this examination showed that the apparatus in question is a fluorometer ; whereas it does not have the requisite objective characteristics making it specifi- cally 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 ‘Brancker — Plant Prod- uctivity Fluorometer, model SF-10°, which is the subject of an application by the United Kingdom of 12 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, 18 October 1983. For the Commaission Karl-Heinz NARJES Member of the Commission