12. 8. 82 Official Journal of the European Communities No L 237/43 COMMISSION DECISION of 27 July 1982 establishing that the apparatus described as ‘Nicolet — Data Acquisition System, model MED-80’ may not be imported free of Common Customs Tariff duties (82/551/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 (%), 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 22 January 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 ‘Nicolet — Data Acquisition System, model MED-80’, ordered on 25 August 1980 and to be used for the study of the ontogenetic development of the olfactory faculty in the mouse, the derivation of olfactory evoked poten- tials of bulbus olfacorius and for the determination of olfactory threshold for natural and artificial scents as a function of age, 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 7 (5) of Regulation (EEC) No 2784/79, a group of experts composed of representatives of all the Member States met on 8 June 1982 within the framework of () 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. the Committee on Duty-Free Arrangements to examine the matter; Whereas this examination showed that the apparatus in question is a data acquisition system ; whereas it does not have the requisite objective characteristics making it specifically suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for non-scientific activities ; whereas its use in the case in question could not alone confer upon it the character of a scientific apparatus ; whereas it therefore cannot be regarded as a scientific appa- ratus ; whereas the duty-free admission of the appar- atus in question is therefore not justified, HAS ADOPTED THIS DECISION : Article 1 The apparatus described as ‘Nicolet — Data Acquisi- tion System, model MED-80’, which is the subject of an application by the Federal Republic of Germany of 22 January 1982, may not be imported free of Common Customs Tariff duties. Article 2 This Decision is addressed to the Member States. Done at Brussels, 27 July 1982. For the Commission Karl-Heinz NARJES Member of the Commission