27. 4. 82 Official Journal of the European Communities No L 113/25 COMMISSION DECISION of 1 April 1982 establishing that the apparatus described as ‘PHI — Auger electron spectrometer, model 5000, consisting of : — cylindrical — Auger electron optics, model 10-155; — Auger spectroscopy electronics system, model 50-510; — multiplex control, model 20-055 ; X-Y recorder, model 18-020 ; — Sputter ion gun, model 04-161 and — Sputter ion gun control, model 20-045’ may not be imported free of Common Customs Tariff duties (82/262/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 (), 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 September 1981, the Federal Republic of Germany has requested the Commission to invoke the procedure provided for in Atticle 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as ‘PHI — Auger electron spectrometer, model 5 000, consisting of : — cylindrical — Auger electron optics, model 10-155; — Auger spectroscopy electronics system, model 50-510; — multiplex control, model 20-055; X-Y recorder, model 18-020 ; — Sputter ion gun, model 04-161 and — sputter ion gun control, model 20-045’, to be used for surface analysis on frac- ture surfaces in reactor pressure vessel steels, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equi- valent 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 ali the Member States met on 4 February 1982 within the framework of the Committee on Duty-Free Arrangements to examine the matter; Whereas this examination showed that the apparatus in question is a spectrometer ; whereas its objective () 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. technical characteristics such as the great precision of the measurements, and the use to which it is put make it specially suited to scientific research; whereas, moreover, 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 ‘850/32, ‘850/61° and ‘Clam 100’ manufactured by VG Scientific Ltd, The Birches Industrial Estate, Imberhome Lane, 'TK-East Grinstead, Sussex RH19 1UB and to the apparatus ‘ASC 2000’ manufactured by Riber, 22 bis, boulevard de I'hdpital Stell F-92505 Rueil Malmaison, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘PHI — Auger electron spectrometer, model 5000, consisting of : — cylin- drical — Auger electron optics, model 10-155; — Auger spectroscopy electronics system, model 50-510; — multiplex control, model 20-055; X-Y recorder, model 18-020; — Sputter ion gun, model 04-161 and — Sputter ion gun control, model 20-045’, which is the subject of an application by the Federal Republic of Germany of 24 September 1981, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 1 April 1982. For the Commission Karl-Heinz NARJES Member of the Commission