6. 3. 82 Official Journal of the European Communities No L 63/19 COMMISSION DECISION of 5 February 1982 establishing that the apparatus described as ‘Perkin Elmer fluorescence spectrophotometer, model MPF-44A’ may not be imported free of Common Customs Tariff duties (82/140/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 (*), as amended by Regula- tion (EEC) No 1027/79 (3, 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 24 July 1981, the Federal Republic of Germany has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as ‘Perkin Elmer fluorescence  spectrophotometer, model MPF-44A’ to be used for recording and interpreting fluorescence and phosphorescence spectra of organic molecule systems, should be considered to be a scien- tific apparatus and, where 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 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 15 December 1981 within the frame- work of the Committee on Duty-Free Arrangements to examine the matter; Whereas this examination showed that the apparatus in question is a spectrophotometer ; Whereas its objective technical characteristics such as the sensibility of the measuring of the fluorescence () OJ No L 184, 15. 7. 1975, p. 1. () OJ No L 134, 31. 5. 1979, p. 1. () OJ No L 318, 13. 12. 1979, p. 32. spectrum and the use to which it is put make it specially suited to scientific research ; whereas, more- over, apparatus of the same kind are principally used for scientific activities ; whereas it must therefore be considered to be a scientific apparatus; Whereas, however, on the basis of information received from Member States, apparatus of scientific value equivalent to the said apparatus, capable of being used for the same purposes, are currently being manu- factured in the Community ; whereas this applies, in particular, to the apparatus ‘JY 3C’ manufactured by Jobin Yvon, 16-18, rue du Canal, 91160 Longjumeau, France, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Perkin Elmer fluorescence spectrophotometer, model MPF-44A’, which is the subject of an application by the Federal Republic of Germany of 24 July 1981, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 5 February 1982. For the Commission Karl-Heinz NARJES Member of the Commission