27.17. 81 jOfficial Journal of the European Communities No L 206/25 COMMISSION DECISION of 6 July 1981 establishing that the apparatus described as ‘Ortho-Cytofluorograf, system 50’ may be imported free of Common Customs Tariff duties (81/552/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having fegard to the Treaty establishing the Euro- pean 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, scientific and cultural materials (1), as amended by Regulation (EEC) No 1027/79 (2), 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 6 January 1981, the United Kingdom has requested the Commission to invoke the procedure provided for in Article 7 of Regula- tion (EEC) No 2784/79 in order to determine whether or not the apparatus described as ‘Ortho- Cytofluorograf, system 50°, to be used for research into the microbial structure and in particular for measuring light scatter and fluorescence from parti- cles, should be considered to be a scientific appara- tus and, where the reply is in the affirmative, whether apparatus 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 28 April 1981 within the framework of the Committee on Duty-Free Arrange- ments to examine the matter; (1) OJ NoL 184,15.7. 1975, p. 1. () OJ NoL 134,31.5.1979, p. 1. () OJ No L 318, 13.12. 1979, p. 32. Whereas this examination showed that the appara- tus in question is an analysis system; whereas its objective technical characteristics, such as the very high resolution power, 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 ‘Ortho-Cytofluorograf, system 50’ which is the subject of an application by the United Kingdom of 6 January 1981, may be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 6 July 1981. For the Commission Karl-Heinz NARJES Member of the Commission