28. 3. 79 Official Journal of the European Communities No L 76/15 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 8 March 1979 refusing to accept the scientific character of the apparatus described as ‘Simplec borehole televiewer system, model CHH’ (79/313/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 (?), and in particular Articles 4 and § thereof, Whereas, by letter dated 7 September 1978, the United Kingdom Government requested the Commis- sion to invoke the procedure laid down in Articles 4 and § of Regulation (EEC) No 3195/75 in order to determine whether or not the apparatus described as ‘Simplec borehole televiewer system, model CHH’, intended for use in research into the nature of frac- tures in rocks penetrated by water wells, should be considered as a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equiva- lent scientific value is currently being manufactured in the Community ; Whereas, in accordance with the provisions of Article 4 (5) of Regulation (EEC) No 3195/75, a group of experts composed of representatives of all the Member States met on 12 January 1979 within the Committee on Duty-Free Arrangements to examine this particular case ; (1) OJ No L 184, 15. 7. 1975, p. 1. (2) O] No L 316, 6. 12. 1975, p. 17. Whereas this examination showed that the apparatus in question is a televiewer which makes it possible to determine the geological structure of the rocks pene- trated by the well or borehole ; whereas this apparatus constitutes a special application of an instrument with normal technical characteristics ; whereas it does not have the requisite objective characteristics making it specifically suited to pure scientific research ; whereas, moreover, it is an apparatus in current use for the extraction of mineral oils ; whereas its use in the case in question could not alone confer upon it the char- acter of a scientific apparatus; whereas it therefore cannot be regarded as a scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Simplec borehole tele- viewer system, model CHH’ is not considered to be a scientific apparatus. Article 2 This Decision is addressed to the Member States. Done at Brussels, 8 March 1979. For the Commission Etienne DAVIGNON Member of the Commission