23.6.79 Official Journal of the European Communities No L 156/33 COMMISSION DECISION of 13 June 1979 refusing to accept the scientific character of the apparatus described as ‘Raytheon — mariner’s pathfinder radar system’ (79/575/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 (}), 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 15 December 1978, the United Kingdom Government requested the Commis- sion to invoke the procedure laid down in Articles 4 and S of Regulation (EEC) No 3195/75 in order to determine whether or not the apparatus described as ‘Raytheon — mariner's pathfinder radar system’, intended for use in radar simulator courses for Merchant Navy officers, should be considered as a scientific appparatus and, where the reply is in the atfirmative, whether apparatus of equivalent scientific value is currently being manufactured in the Commu- nity ; 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 27 April 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 radar system which does not have the requisite objective characteristics making it specially suited to scientific research ; whereas this apparatus constitutes a special application of an instrument with normal technical characteristics ; whereas moreover it 1S an apparatus in current use on board sca- and river- going vessels as a navigation instrument ; whereas its use 1n the case in question could not alone confer upon it the character of a scientific apparatus; whereas it therefore cannot be regarded as a scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Raytheon — mariner's pathfinder radar system’ is not considered to be a scientific apparatus. Avrticle 2 This Decision is addressed to the Member States. Done at Brussels, 13 June 1979. For the Commission Eticnne DAVIGNON Member of the Commission