17. 5. 84 Official Journal of the European Communities No L 131/4§ COMMISSION DECISION of 7 May 1984 establishing that the apparatus described as ‘Rigaku — X-ray Diffractometer System based on Theta-Theta Goniometer, model 2182 D5’ may not be imported free of Common Customs Tariff duties (84/265/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 (), 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 2 November 1983, the United Kingdom 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 ‘Rigaku — X-ray Diffractometer System based on Theta-Theta Gonio- meter, model 2182 DS’, ordered on 16 September 1982 and intended to be used in X-ray diffraction studies of liquid and amorphous systems and to obtain diffraction patterns for liquids and glasses in order to derive their structural properties, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scien- tific 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 11 April 1984 within the framework of the Committee on Duty-Free Arrangements to examine the matter; Whereas this examination showed that the apparatus in question is a diffractometer ; whereas its objective technical characteristics, such as the goniometric reso- () OJ No L 184, 15. 7. 1975, p. 1. () O] No L 74, 18. 3. 1982, p. 4. () O] No L 318, 13. 12. 1979, p. 32. lution, and the use to which it is put make it specially suited to scientific research ; whereas, moreover, appar- atus 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 ‘MZ III’, ‘MZ 1V’ and ‘GSD-Theta-Theta Goniometer’ manufactured by Seifert, Bogenstrafle 41, D-2070 Ahrensburg, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Rigaku — X-ray Diffracto- meter System based on Theta-Theta Goniometer, model 2182 DS’, which is the subject of an application by the United Kingdom of 2 November 1983, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 7 May 1984. For the Commission Karl-Heinz NARJES Member of the Commission