8.5 82 Official Journal of the European Communities No L 126/19 COMMISSION COMMISSION DECISION of 13 April 1982 establishing that the apparatus described as ‘Scintag — diffractometer, model R3’ may be imported free of Common Customs Tariff duties (82/280/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 23 September 1981, the Federal Republic of Germany 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 ‘Scintag — diffractometer, model R3’, to be used for the automatic recording and analysis of X-ray reflexes in single crystals in structural analysis of molecules, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether appar- atus 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 2784/79, a group of experts composed of representatives of all the Member States met on 22 March 1982 within the framework of the Committee on Duty-Free Arrangements to examine the matter; () 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. Whereas this examination showed that the apparatus in question is a diffractometer ; whereas its objective technical characteristics, such as the precision of the measuring of the reflexion, and the use to which it is put 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 appa- ratus ; Whereas, on the basis of information received from Member States, apparatus of equivalent scientific value capable of use for the same purpose is not currently manufactured in the Community ; whereas, therefore, duty-free admission of this apparatus is justified, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Scintag — diffractometer, model R3’, which is the subject of an application by the Federal Republic of Germany of 23 September 1981, may be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 13 April 1982. For the Commission Etienne DAVIGNON Vice-President