No L 76/16 Official Journal of the European Communities 28. 3. 79 COMMISSION DECISION of 8 March 1979 refusing to accept the scientific character of the apparatus described as ‘Swift S6 zoom stereo microscope’ ' (79/314/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 5 thereof, Whereas, by letter dated 6 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 Swift S6 zoom stereo microscope’, to be used for prac- tical teaching in various areas of biological science and, for research into the electrophysiology of inverte- brate and vertebrate nervous systems, should be consid- ered to be a scientific apparatus, where the reply is in the affirmative, whether apparatus of equivalent scien- tific 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 ; (") OJ No L 184, 15. 7. 1975, b. 1. (2) OJ No L 316, 6. 12. 1975, p. 17. Whereas this examination showed that the apparatus in question is a stereoscopic microscope variable focus of rather simple design ; whereas it does not have the objective characteristics making it specially suited to pure scientific research; whereas it is an apparatus mainly used in industry, in particular in the manufac- ture of transistors and diodes; whereas its use for research purposes could not alone confer upon it the character of a scientific apparatus; whereas it there- fore cannot be regarded as a scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Swift S6 zoom stereo microscope’ is not considered to be a scientific appa- ratus. 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