12. 4. 79 Official Journal of the European Communities No L 93/51 COMMISSION DECISION of 29 March 1979 on the refusal to accept the scientific character of an apparatus described as ‘NBS biotran II automated colony counter’ (79/391/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 (3), and in particular Articles 4 and § thereof, Whereas, by letter dated 26 September 1978, the United Kingdom Government requested the Commis- sion 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 ‘NBS biotran II automated colony counter’, used for counting bacterial mutants produced as a result of exposure to chemical carcinogens, should be consid- ered as a scientific apparatus and, if the reply is in the affirmative, 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 7 February 1979 within the Committee on Duty-Free Arrangements to examine this particular case ; (1) OJ No L 184, 15. 7. 1975, p. 1. () O] No L 316, 6. 12. 1975, p. 17. Whereas this examination shows that the apparatus in question is an automated counter ; whereas it does not in itself have any objective characteristics making it specially suited to pure scientific research ; whereas it is an apparatus for routine use in clinical medicine; whereas its use in this particular case cannot in itself give it the character of a scientific apparatus specially suited to pure scientific research ; whereas it cannot therefore be regarded as a scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘NBS biotran II automated colony counter’ is not considered to be a scientific apparatus. Article 2 This Decision is addressed to the Member States. Done at Brussels, 29 March 1979. For the Commission Etienne DAVIGNON Member of the Commission