No L 305/20 Official Journal of the European Communities 8. 11. 83 COMMISSION DECISION of 28 October 1983 establishing that the apparatus described as ‘Henson — Computer Compatible Incremental Measuring Machine, model Bannister Laboratory’ may not be imported free of Common Customs Tariff duties (83/538/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 (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 25 April 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 ‘Henson — Computer Compatible Incremental Measuring Machine, model Bannister Laboratory’ ordered in September 1982 and intended to be used for research on dating archae- ological remains by Dendrochronology and provision of tree incremental data for research in Dendroclima- tology and Dendrohydrology, 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 Commu- nity ; 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 17 October 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 measuring system ; whereas it does not have the requisite objective characteristics making it specifically suited to scientific research; 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 ‘Henson — Computer Compatible Incremental Measuring Machine, model Bannister Laboratory’, which is the subject of an appli- cation by the United Kingdom of 25 April 1983, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 28 Qctober 1983. For the Commission Karl-Heinz NARJES Member of the Commission () 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.