No L 168/34 Official Journal of the European Communities 15. 6. 82 COMMISSION DECISION of 19 May 1982 establishing that the apparatus described as ‘Hewlett-Packard — Gas Chromatograph, model HP 5992A’ may not be imported free of Common Customs Tariff duties (82/375/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 ('), 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 17 November 1981, Italy 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 ‘Hewlett-Packard — Gas Chro- matograph, model HP $992A’, ordered 31 May 1979 and to be used for the identification of new compounds and for the structural study and quantita- tive determination of substances of various kinds, should be considered to be a scientific apparatus and, where the reply is in the affirmative, whether appar- atus 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 19 April 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 chromatograph ; whereas its objective technical characteristics such as the very high resolu- tion power and the use to which it is put make it () 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. 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 ‘R 10-10° manufactured by Ribermag SA, 49 quai du Halage, F-92500 Rueil Malmaison, and to the apparatus ‘MM16F manufac- tured by VG Analytical Ltd, Tudor Road, UK-Altrincham, Cheshire WA14 SRZ, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Hewlett-Packard — Gas Chromatograph, model HP 5992 A’, which is the subject of an application by Italy of 17 November 1981, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 19 May 1982. For the Commission Karl-Heinz NARJES Member of the Commission