No L 182/30 Official Journal of the European Communities 19. 7. 79 COMMISSION DECISION of 4 July 1979 refusing to accept the scientific character of the apparatus described as ‘PMS data acquisition system, model DAS-32’ (79/638/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 19 December 1978, the United Kingdom Government requested the Commis- sion 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 ‘PMS data acquisition system, model DAS-32 intended for use in research on cloud physics and, in particular, for cloud droplet size measurement, should be considered as a scientific apparatus and, where the reply is in the affirmative, whether apparatus of equiva- lent 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 28 May 1979 within the Committee on Duty-Free Arrangements to examine this particular case ; Y Whereas this examination showed that the apparatus in question consists of a complete system for the acquisition of data, including, in particular, a forward scattering spectrometer, an aspirator, a step-down transformer and a heater; Whereas it does not have the requisite objective characteristics making it specifically suited to scien- tific research ; whereas it is an apparatus in current use, and, in particular, for measuring air pollution ; 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 ‘PMS data acquisition system, model DAS-32’ is not considered to be a scien- tific apparatus. Article 2 This Decision is addressed to the Member States. Done at Brussels, 4 July 1979. For the Commission Etienne DAVIGNON Member of the Commission (') OJ No L 184, 15. 7. 1975, p. 1. () OJ No L 316, 6. 12. 1975, p. 17.