24. 11. 78 Official Journal of the European Communities No L 329/23 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 9 November 1978 on the refusal to accept the scientific character of an apparatus described as ‘Watanabe linearcorder mark III, model WTR 331’ (78/963/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 5 thereof, Whereas, by letter dated 28 April 1978, the French Government requested the Commission to invoke the procedure laid down in Articles 4 and 5 of Regulation (EEC) No 3195/75 in order to determine whether or not the apparatus described as ‘Watanabe linearcorder mark III, model WTR 331’ should be considered as a scientific apparatus and, if the reply is in the affirma- tive, whether apparatus of equivalent 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 20 October 1978 within the Committee on Duty-Free Arrangements to examine this particular case ; Whereas, this examination shows that the apparatus in question is a graphic recorder allowing in particular (1) OJ No L 184, 15. 7. 1975, p. 1. (2) O] No L 316, 6. 12. 1975, p. 17. the recording of biological signals in empirical analyses and research in the fields of emotion and acti- vation ; Whereas, it is an apparatus of multiple use the func- tion of which is the representation and printing of the results of scientific research or analyses; whereas it does not in itself have features making it particularly suited to pure scientific research and its use for scien- tific purposes is not in this instance sufficient to give it the character of a scientific apparatus; whereas it cannot therefore be regarded as a scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Watanabe linearcorder mark III, model WTR 331’ is not considered to be a scientific apparatus. Article 2 This Decision is addressed to the Member States. Done at Brussels, 9 November 1978. For the Commission Etienne DAVIGNON Member of the Commission