22. 4. 83 Official Journal of the European Communities No L 104/37 COMMISSION DECISION of 7 April 1983 establishing that the apparatus described as ‘PHI — Auger Electron Spectro- meter, model 5000, consisting of : Cylindrical Auger Electron Optics, model 10-155, Auger System Control, model 11-500 A, SKV Electron Gun Control, model 11-010, Electron Multiplier Supply, model 20-075, Monitor Oscilloscope, model TEK 604, Single Scope Mount, model 473-020, Lock-in Amplifier, model 32-010° may not be imported free of Common Customs Tariff duties (83/176/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 last amended by Regulation (EEC) No 608/82 (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 29 September 1982, 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 ‘PHI — Auger Electron Spectrometer, model 5000, consisting of : Cylindrical Auger Electron Optics, model 10-155, Auger System Control, model 11-500 A, SKV Electron Gun Control, model 11-010, Electron Multiplier Supply, model 20-075, Monitor Oscillo- scope, model TEK 604, Single Scope Mount, model 473-020, Lock-in Amplifier, model 32-010°, ordered on 28 February 1980 and intended to be used for examining small Peltier contacts used in the manufac- ture of cooling elements, should be considered to be a scientific apparatus and, where the reply is in the affir- mative, whether apparatus of equivalent scientific value is currently being manufactured in the Commu- nity ; 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 2 February 1983, 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 ; () OJ No L 184, 15. 7. 1975, p. 1. () O] No L 74, 18. 3. 1982, p. 4. () OJ No L 318, 13. 12. 1979, p. 32. Whereas its objective technical characteristics, such as the precision of the measurement, 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 scien- tific 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 ‘LAS’ manufactured by Riber BP 231, F-92505 Rueil-Malmaison and to the apparatus ‘CLAM 100’ manufactured by VG Scientific Ltd, The Birches Industrial Estate, Imberhorne House, UK-East Grinstead RH19 1UB, Sussex, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘PHI — Auger Electron Spectrometer, model 5000, consisting of : Cylindrical Auger Electron Optics, model 10-155, Auger System Control, model 11-500 A, SKV Electron Gun Control, model 11-010, Electron Multiplier Supply, model 20-075, Monitor Oscilloscope, model TEK 604, Single Scope Mount, model 473-020, Lock-in Amplifier, model 32-010’°, which is the subject of an application by the Federal Republic of Germany of 29 September 1982, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 7 April 1983. For the Commission Karl-Heinz NARJES Member of the Commission