No L 249/34 Official Journal of the European Communities 9.9.83 COMMISSION DECISION of 1 September 1983 establishing that the apparatus described as ‘Varian — NMR Spectrometer System, model EM-360L’ may not be imported free of Common Customs Tariff duties (83/457/BEC) 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 28 February 1982, France 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 ‘Varian — NMR Spectrometer System, model EM-360L" ordered in July 1982 and intended to be used for research in the field of organic synthesis, asymmetric synthesis, the study of organo- metallic reactivity, homogeneous and hetereogeneous catalysis, organic electrochemistry and fossil dating, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether appar- atus 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 6 July 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 a spectrometer ; Whereas its objective technical characteristics such as the frequency field and the use to which it is put () OJ No L 184, 15. 7. 1975, p. 1. () O] No L 74, 18. 3. 1982, p. 4. () OJ No L 318, 13. 12. 1979, p. 32. 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 “WP80CW’ manufactured by Brucker Spectrospin SA, 34, rue de I'Industrie, - 67160 Wissembourg, France, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Varian — NMR Spectro- meter System, model EM-360L’, which is the subject of an application by France of 28 February 1983, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 1 September 1983. For the Commission Etienne DAVIGNON Vice-President