No L 244/18 Official Journal of the European Communities 16. 9. 80 COMMISSION DECISION of 1 August 1980 finding that the apparatus described as ‘Conviron-Plant Growth Cabinet, model E 8VH’, ‘Conviron-Chemical Drier, model CD 50’ and ‘Conviron-Camless Solid State Programmer, model CP-240 TH’ are not scientific apparatus (80/828/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 (%), 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 4 March 1980, the British 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 ‘Conviron-Plant Growth Cabinet, model E 8VH’, ‘Conviron-Chemical Drier, model CD 50’ and ‘Conviron-Camless Solid State Programmer, model CP-240 TH’, to be used in the framework of plant growth, under controlled envi- ronmental conditions and, in particular, to control the asset of seed dormancy, should be considered as scien- tific apparatus and, where the reply is in the affirma- tive, whether apparatus of equivalent scientific value are 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 9 July 1980 within the framework of (") OJ No L 184, 15. 7. 1975, p. 1. (?) O] No L 134, 31. 5. 1979, p. 1. () OJ No L 318, 13. 12. 1979, p. 32. the Committee on Duty-Free Arrangements to examine the matter; Whereas this examination showed that the apparatus in question are respectively a nursery-cabinet, a chem- ical drier and an electronic programmer ; Whereas they do not have the requisite objective characteristics making them specifically suited to scientific research ; whereas their use in the case in question could not alone confer upon it the character of scientific apparatus ; whereas they therefore cannot be regarded as scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Conviron-Plant Growth Cabinet, mode E 8VH’, ‘Conviron-Chemical Drier, model CD 50’ and ‘Conviron-Camless Solid State Programmer, model CP-240 TH’ are not considered to be scientific apparatus. Article 2 This Decision is addressed to the Member States. Done at Brussels, 1 August 1980. For the Commission Etienne DAVIGNON Member of the Commission