16. 2. 83 Official Journal of the European Communities No L 44/27 COMMISSION DECISION of 28 January 1983 establishing that the apparatus described as ‘Nicolet — Evoked Potential System; model CA-1000’ may not be imported free of Common Customs Tariff duties (83/59/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 23 July 1982, Italy 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 ‘Nicolet — Evoked Potential System, model CA-1000’, ordered on 29 September 1980 and intended for use in the examination of pathogenetic theories on evolutive dyslexia and on evolutive dysphasia, in the examina- tion of the correlations between neuropsychological disturbances and neurological damage and, in parti- cular, in the recording of the cerebral potentials evoked, should be considered as a scientific apparatus 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 () OJ No L 184, 15. 7. 1975, p. L. () OJ No L 74, 18. 3. 1982, p. 4. () OJ No L 318, 13. 12. 1979, p. 32. States met on 15 December 1982 within the frame- work of the Committee on Duty-Free Arrangements to examine the matter; Whereas this examination showed that the apparatus in question is a clinical system ; Whereas it does not have the requisite objective characteristics making it specifically 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 ‘Nicolet — Evoked Poten- tial System, model CA-1000’, which is the subject of an application by Italy of 23 July 1982, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 28 January 1983. For the Commission * Karl-Heinz NARJES Member of the Commission