5.7. 80 Official Journal of the European Communities No L 172/29 COMMISSION DECISION of 11 June 1980 finding that the apparatus described as ‘Ailtech variable repetition rate impulse generator, model 533 X-11’ is not a scientific apparatus (80/622/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 3 January 1980, the Govern- ment of 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 ‘Ailtech variable repetition rate impulse generator, model 533 X-11’, to be used in the framework of investigation into noise amplitude and in particular for characterizing impulsive noise, should be consid- ered as a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equivalent scien- tific 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 22 May 1980 within the framework of o L 184, 15. 7. 1975, p. 1. o L 134, 31. 5. 1979, p. 1. o L 318, 13. 12. 1979, p. 32. oYole) = 222 the Committee on Duty-Free Arrangements to examine the matter; Whereas this examination showed that the apparatus in question is a broadband signal generator ; Whereas it does not have the requisite objective characteristics making it specifically suited to scien- tific research ; whereas, moreover, apparatus of the same kind are principally used for non-scientific activi- ties ; whereas its use in the case in question could not alone confer upon it the character of a scientific appa- ratus ; whereas it therefore cannot be regarded as a scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Ailtech variable repetition rate impulse generator, model 533 X-11’ is not consid- ered to be a scientific apparatus. Article 2 This Decision is addressed to the Member States. Done at Brussels, 11 June 1980. For the Commission Etienne DAVIGNON Member of the Commission