5.9.81 Official Journal of the European Communities No L 252/39 COMMISSION DECISION of 10 August 1981 establishing that the apparatus described as ‘Bruker—time averaging computer, model B-E 50’, may not be imported free of Common Customs Tariff duties (81/695/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 (%), Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laving down provisions for the implementation of Regulation (EEC) No 1798/75 (*), and in particular Article 7 thereof, Whereas, by letter dated 10 February 1981, 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 ‘Bruker—time averaging computer, model B-E 50’, to be used for research into the nature of metal—non metal transi- tion in liquid semiconductors and of the motion of tons in ionic conductors, should be considered as a scientific apparatus and, where the reply is in the affir- mative, whether apparatus of equivalent scientific value is currently being manufactured in the Commu- nity ; 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 23 June 1981 within the framework of the Committee on Duty-Free Arrangements to examine the matter; J (1) OJ No L 184, 15. 7. 1975, p. 1. () OJ ¢) O] N No L 134, 31. 5. 1979, p. 1. No L 318, 13. 12. 1979, p. 32. Whereas this examination showed that the apparatus in question is a computer ; 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 ; whereas the duty-free admission of the apparatus in question 1s therefore not justified, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Bruker—time averaging computer, model B-E 50, which is the subject of an application by the United Kingdom of 10 February 1981, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 10 August 1981. For the Commission Edgard PISANI Member of the Commission