4. 5.78 Official Journal of the European Communities No L 120/35 COMMISSION DECISION of 13 April 1978 on the refusal to accept the scientific character of an apparatus described as ‘Tektronix logic analyzer, type 7 DOY (78/411/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 frec 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 (2), and in particular Articles 4 and $ thercof, Whereas, by letter dated 27 October 1977, the French 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 “Tektronix logic analyzer, type 7 DO1’ should be considered as scien- tific apparatus and, if the reply is in the affirmative, whether apparatus of equivalent scientific value s currently being 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 the Member States met on 29 March 1978 within the Committee on Duty-Free Arrangements to examine this particular case ; Whereas this examination shows that the apparatus in question s a logical word analyzer with word forma- (") ()_l No L. 184, 15 7. 1975, p. I (") O No L 316, 6. 12,1975 p. 17 tion capability, used mainly for the maintenance, repair and for fault detection in logical systems ; Whereas it is a multi-purpose device in current use ; whereas it is not an accessory required for the opera- tion of the scientific instruments and apparatus for’ which it is intended, within the meaning of Article 3 (2) of Regulation (EEC) No 1798/75 ; whereas the fact of being used solely in the field of scientific research does not in itself give it the character of a device specially suited to pure scientific rescarch ; whereas it cannot, therefore, be regarded as scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Tektronix logic analyzer, type 7 DOL’ is not considered to be a scientific appa- ratus. Article 2 This Deciston is addressed to the Member States. Done at Brussels, 13 April 1978. For the Commission Eticnne DAVIGNON Member of the Commission