7.4.79 Official Journal of the European Communities No L 87/29 ' COMMISSION DECISION of 23 March 1979 refusing to accept the scientific character of the apparatus described as ‘MRC — Sputtersphere Type 822’ (79/375/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 ('), 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 20 September 1978, the French Government requested the Commission to invoke the procedure laid down in Articles 4 and § of Regulation (EEC) No 3195/75 in order to determine whether or not the apparatus described as ‘MRC — Sputtersphere Type 822 with an air-lock and auto- matic adjustment; to be used for research in the photo- lithogravure field, should be considered as a scientific apparatus and, where the reply is in the affirmative, 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 7 February 1979 within the Committee on Duty-Free Arrangements to examine this particular case ; (') OJ No L 184, 15. 7. 1975, p. . (*) O] No L 316, 6. 12. 1975, p. 17. Whereas this examination showed that the apparatus in question is a cathodic pulverizer in current use which does not have the requisite objective technical characteristics rendering it specifically suited to pure scientific research ; whereas this apparatus is primarily used in industry ; whereas its use in the case in ques- tion could not alone confer upon it the character of a scientific apparatus specifically suited to pure scien- tific research ; whereas it therefore cannot be regarded as a scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘MRC — Sputtersphere Type 822" is not considered to be a scientific appa- ratus. ' ' Article 2 This Decision is addressed to the Member States. Done at Brussels, 23 March 1979. For the Commission Etienne DAVIGNON Member of the Commission