No L 63/22 Official Journal of the European Communities 6. 3. 82 COMMISSION DECISION of 5 February 1982 establishing that the apparatus described as ‘SLM spectrofluorometer, model SLM 4800’ may not be imported free of Common Customs Tariff duties (82/143/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 (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 17 July 1981, the Federal Republic of Germany 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 ‘SLM spec- trofluorometer, model SLM 4800’, to be used for the study of protein-lipid and protein-protein interactions in biological membranes and in particular for the measurement of the fluorescence lifetime and of diffe- rential dynamic polarization in specimens, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equi- valent 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 12 January 1982 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 fluorometer ; Whereas its objective technical characteristics such as the great sensitivity and the precision of the fluoro- () OJ No L 184, 15. 7. 1975, p. 1. () OJ No L 134, 31. 5. 1979, p. 1. () OJ No L 318, 13. 12. 1979, p. 32. metrical analysis and the use to which it is put make it specially suited to scientific research ; whereas, more- over, 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 conventional apparatus manufactured by Applied Photophysics, 20 Albemarle Street, UK-London W1X 3HA and to the apparatus ‘JY3C manufactured by Jobin Yvon, 16-18 rue du Canal, 91160 Longjumeau, France, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘SLM spectrofluorometer, model SLM 4800’, which is the subject of an applica- tion by the Federal Republic of Germany of 17 July 1981, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 5 February 1982. For the Commission Karl-Heinz NAR JES Member of the Commission