9. 8. 78 Official Journal of the European Communities No L 218/29 COMMISSION DECISION of 12 July 1978 on the refusal to accept the scientific character of an apparatus described as ‘Beckman Dynograph Recorders, type R-511 A’, equipped with 9872 couplers, Statham UC3 transducers and ULS accessories (78/657/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 ('), Having regard to Commission Regulation (EEC) No 3195/75 of 2 December 1975 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (2), and in particular Articles 4 and S thereof, Whereas, by letter dated 14 March 1978, the French Government requested the Commission to invoke the procedure laid down in Articles 4 and § of Regulation . (EEC) No 3195/75 in order to determine whether or not the apparatus described as ‘Beckman Dynograph Recorders, type R-511 A’, equipped with 9872 couplers, Statham UC3 transducers and ULS accesso- ries, should be considered as a scientific apparatus and, if the reply is in the affirmative, whether appa- ratus of equivalent scientific value is currently being manufactured in the Community; Whereas, in accordance with the provisions of Article 4 (5) of Regulation (EEC) No 3195/75, a group of experts composed of representatives of all the Member States met on 23 June 1978 within the Committee on Duty-Free Arrangements to examine this particular case ; Whereas this examination shows that the apparatus in question is a multi-purpose physiological recorder which allows recording of, in particular, different physiological parameters as well as electro-physio- logical phenomena; | Whereas it is an apparatus in current use in clinical medicine ; whereas its use for recording the contrac- tions of smooth muscles in the bio-assaying of biologi- cally active substances could not alone give it the char- acter of a device specially suited to pure scientific research ; whereas it cannot, therefore, be regarded as a scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Beckman Dynograph Recorders type R-511 A, equipped with 9872 couplers, Statham UC3 transducers and ULS accesso- ries, is not considered to be a scientific apparatus. i Article 2 This Decision is addressed to the Member States. Done at Brussels, 12 July 1978. For the Commission Etienne DAVIGNON Member of the Commission (Y) OJ No L 184, 15. 7. 1975, p. 1. (2) OJ No L 316, 6. 12. 1975, p. 17.