31. 3. 82 Official Journal of the European Communities No L 85/25 COMMISSION DECISION of 26 February 1982 establishing that the apparatus described as ‘Du Pont — automatic superspeed refrigerated centrifuge, model RC-5B’ may not be imported free of Common Customs Tariff duties (82/186/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 théreof, Whereas, by letter dated 28 August 1981, Italy 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 ‘Du Pont — automatic super- speed refrigerated centrifuge, model RC-SB’, to be used for the density gradient separations of subcellular particles, should be considered to be a scientific appar- atus 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 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 refrigerated supercentrifuge ; whereas its objective technical characteristics such as the specific density gradient and the use to which it is put make it specially suited to scientific research ; whereas, () OJ No L 184, 15. 7. 1975, p. 1. () O] No L 134, 31. 5. 1979, p. 1. () OJ No L 318, 13. 12. 1979, p. 32. 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 ‘Hi-spin 21’ manufactured by MSE Scientific Instruments, Manor Royal, UK-Crawley, Sussex, and to the apparatus ‘Cryofuge 20-3’ manufactured by Heraeus-Christ GmbH, Post- fach 1220, D-3360 Osterode am Harz, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Du Pont — automatic superspeed refrigerated centrifuge, model RC-5B’, which is the subject of an application by Italy of 28 August 1981, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 26 February 1982. For the Commission Karl-Heinz NARJES Member of the Commission