22. 7. 82 Official Journal of the European Communities No L 214/19 COMMISSION DECISION of 5 July 1982 establishing that the apparatus described as ‘Aminco — Spectrofluorometer, model J 4-8970’ may not be imported free of Common Customs Tariff duties (82/480/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 28 December 1981, Belgium has requested the Commission to invoke the proce- dure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as ‘Aminco — Spectrofluorometer, model ] 4-8970’, ordered 6 November 1978 and to be used for research on the mechanisms of lead inter- ference in heme synthesis in various types of cells and on the potentials of membrane cells, should be con- sidered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equi- valent 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 14 May 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 spectrofluorometer ; whereas its objec- tive technical characteristics such as the resolution power of the spectrum and the use to which it is put () 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. make it specially suited to scientific research ; whereas, 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 ‘SFR 100’ manufactured by Baird Atomic Ltd, East Street, UK-Braintree, Essex and to the apparatus ‘JY 3 C manufactured by Jobin Yvon, 16-18, rue du Canal, F-91163 Longjumeau Cédex, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Aminco — Spectrofluoro- meter, model ] 4-8970°, which is the subject of an application by Belgium of 28 December 1981, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 5 July 1982. For the Commission Karl-Heinz NARJES Member of the Commission