7. 2. 80 Official Journal of the European Communities No L 30/33 COMMISSION DECISION of 11 January 1980 refusing to accept the scientific character of the apparatus described as ‘Hewlett- Packard computing calculator, model HP 9825A’ (80/139/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 3 July 1979, the Italian Government requested the Commission to invoke the procedure laid down in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as ‘Hewlett-Packard computing calculator, model HP 9825A’ used for research in the electron-spin resonance sector and, in particular, for the study of the structure and reactivity of free radicals and of ion-pairs in solution, in the context of the study of the influence of these pairs on the mechan- isms of chemical reactions, should be considered as 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 15 November 1979 within the (") OJ No L 184, 15. 7. 1975, p. 1. () O] No L 134, 31. 5. 1979, p. 1. (%) OJ No L 318, 13. 12. 1979, p. 32. Committee on Duty-Free Arrangements to examine this particular case ; Whereas this examination showed that the apparatus in question is a computer used for the collection, the conversion and the analysis of data; Whereas it does not have the requisite objective characteristics making it specifically suited to scien- tific research ; whereas, moreover, apparatus of the same kind is principally used for non-scientific activi- ties ; whereas its use in the case in question could not alone confer upon it the character of a scientific appa- ratus ; whereas it therefore cannot be regarded as a scientific apparatus, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Hewlett-Packard computing calculator, model HP 9825A’ is not consid- ered to be a scientific apparatus. Article 2 This Decision is addressed to the Member States. Done at Brussels, 11 January 1980. For the Commission Etienne DAVIGNON Member of the Commission