24. 11. 77 Official Journal of the European Communities No L 300/23 COMMISSION DECISION of 11 November 1977 on the refusal to accept the scientific character of an apparatus described as ‘Remco Dynaflect System’ (77/727/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 (}), Having regard to Commission Regulation (EEC) No 3195/75 of 2 December 1975 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (), and in particular Articles 4 and S thereof, Whereas, by letter dated 27 June 1977, the Irish Government requested the Commission to invoke the procedure laid down in Articles 4 and 5 of Regulation (EEC) No 3195/75 in order to determine whether or not the apparatus described as ‘Remco Dynaflect System’ should be considered to be scientific appa- ratus, and where the reply is in the affirmative, whether apparatus of equivalent scientific value is currently manufactured in the Community ; Whereas, in accordance with the provisions of Article 4 (5) of Regulation (EEC) No 3195/75, a group of experts composed of representatives of all of the Member States met on 24 October 1977 within the Committee on Duty Free Arrangements to examine this particular case ; Whereas this examination shows that the apparatus in question consists of an electromechanical system ’ designed to operate behind any vehicle which has a trailer hitch, to be used for measuring the dynamic deflection of a surface or structure caused by an oscilla- tory load thereon; whereas the system is a practical tool for use in particular in all phases of construction or maintenance of roadways, airport runways and other structures that are subjected to loads; whereas this apparatus does not possess in itself any special element rendering it specifically for use for scientific purposes ; whereas, on the contrary it is evident that the apparatus can be employed generally for commer- cial or industrial use ; whereas, therefore, it cannot be considered as a scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Remco Dynaflect System’ is not hereby considered to be a scientific apparatus. Article 2 This Decision is addressed to the Member States. Done at Brussels, 11 November 1977. For the Commission Etienne DAVIGNON Member of the Commission (') OJ No L 184, 15. 7. 1975, p. 1. () O] No L 316, 6. 12. 1975, p. 17.