No L 285/40 Official Journal of the European Communities . 16. 10. 76 COMMISSION DECISION of 5 October 1976 on the refusal to accept the scientific character of an apparatus known as ‘Inte- grated 100/300 Unit’ (76/811/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 (1), 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 (3), and in particular Article § thereof, ‘Whereas, by letter dated 12 May 1976, the French Government requested the Commission to determine whether or not the apparatus known as ‘Integrated 100/300 Unit’ should be considered to be a scientific apparatus ; Whereas, in accordance with Article 4 (5) of Regula- tion (EEC) No 3195/75, a group of experts composed of representatives of all of the Member States met on 16 September 1976 within the Committee on Duty- Free Arrangements to examine this particular case; Whereas this examination shows that the apparatus concerned is intended to create a vacuum in an oven of 2800 °C in order to prepare rare earth monocrys- (1) OJ No L 184, 15. 7. 1975, p. 1. (2) O] No L 316, 6. 12. 1975, p. 17. tals for examination by electronic microscope ; whereas the absence of any special device to allow of its specific use for scientific purposes does not permit it to be distinguished from standard laboratory equip- ment materials used for commercial and industrial purposes ; whereas pursuant to the provisions of Article 3 (4) of Regulation (EEC) No 1798/75, this apparatus cannot be considered to be a scientific appa- ratus, HAS ADOPTED THIS DECISION : Article 1 The apparatus known as ‘Integrated 100/300 Unit’ is not hereby considered to be a scientific’ apparatus. Article 2 This Decision is addressed to the Member States. Done at Brussels, 5 October 1976. For the Commission Finn GUNDELACH Member of the Commission