No L 134/38 Official Journal of the European Communities 21. 5. 81 COMMISSION DECISION of 11 May 1981 establishing that the apparatus described as ‘Hewlett Packard computing calcu- lator, model HP 9815 A’ may not be imported free of Common Customs Tariff duties (81/355/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 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof, Whereas, by letter dated 22 October 1980, the Govern- ment of 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 ‘Hewlett Packard computing calculator, model HP 9815 A’, to be used for the following researches : — effect of the continuous or pulsed light quality and quantity on the growth of plants, — determination of action spectra for flower initia- tion and other biological phenomena using narrow band width radiation sources from UV to near IR spectra regions, — determination of variation of light quality as a function of time of day/night, — location of photosensitive pigments within plants, should be considered as a scientific apparatus and, where the reply is in the affirmative, whether appa- ratus of equivalent scientific value is currently being manufactured in the Community; Whereas, in accordance with the provisions of Article 7 (5) of Regulation (EEC) No 2784/75, a group of (") OJ No L 184, 15. 7. 1975, p. 1. () OJ No L 134, 31. 5. 1979, p. 1. () OJ No L 318, 13. 12. 1979, p. 32. . experts composed of representatives of all the Member States met on 5§ March 1981 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 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 is therefore not justified, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Hewlett Packard computing calculator, model HP 9815 A’ which is the subject of an application by the Government of the United Kingdom of 22 October 1980 may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 11 May [981. For the Commission Karl-Heinz NAR JES Member of the Commission