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( 1 ) OJ NO L 184 , 15 . 7 . 1975 , P . 1 .

( 2 ) OJ NO L 134 , 31 . 5 . 1979 , P . 1 .

( 3 ) OJ NO L 318 , 13 . 12 . 1979 , P . 32 .

COMMISSION DECISION

OF 14 APRIL 1980

FINDING THAT THE CONDITIONS REQUIRED FOR THE ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES OF THE SCIENTIFIC APPARATUS DESCRIBED AS ' ORTEC-GE ( LI ) COAXIAL DETECTOR , MODEL 8101-2021 T ' , ARE NOT FULFILLED

( 80/468/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 , SCIENTIFIC AND CULTURAL MATERIALS ( 1 ), AS AMENDED BY REGULATION ( EEC ) NO 1027/79 ( 2 ),

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 ( 3 ), AND IN PARTICULAR ARTICLE 7 THEREOF ,

WHEREAS , BY LETTER DATED 9 OCTOBER 1979 , THE GERMAN GOVERNMENT HAS REQUESTED THE COMMISSION TO INVOKE THE PROCEDURE NOW PROVIDED FOR IN ARTICLE 7 OF REGULATION ( EEC ) NO 2784/79 IN ORDER TO DETERMINE WHETHER OR NOT THE APPARATUS DESCRIBED AS ' ORTEC-GE ( LI ) COAXIAL DETECTOR , MODEL 8101-2021 T ' , TO BE USED FOR HIGH-RESOLUTION SPECTROMETRY FOR THE DETECTION OF ACTIVATED TRACE ELEMENTS , SHOULD BE CONSIDERED TO BE 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 26 FEBRUARY 1980 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 GERMANIUM-LITHIUM DETECTOR ;

WHEREAS ITS OBJECTIVE TECHNICAL CHARACTERISTICS , WHICH ENABLE IT TO ACHIEVE EXTREMELY GOOD SPECTROSCOPY OVER A WIDE ENERGY RANGE , AND THE USE TO WHICH IT IS PUT , MAKE IT SPECIALLY SUITED TO SCIENTIFIC RESEARCH ; WHEREAS , MOREOVER , APPARATUS OF THE SAME KIND IS 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 , IS CURRENTLY BEING MANUFACTURED IN THE COMMUNITY ; WHEREAS THIS APPLIES , IN PARTICULAR , TO THE APPARATUS ' COAXIAL DETECTOR GE ( LI ), SERIES EGL ' , MANUFACTURED BY ENERTEC-SCHLUMBERGER , 1 , RUE NIEUPORT , 78140 VELIZY-VILLACOUBLAY , FRANCE , TO THE APPARATUS ' ACO 200 ' , ' ACO 201 ' AND ' ACO 210 ' , MANUFACTURED BY HARSHAW CHEMIE BV , STRIJKVIERTEL 67 , 3454 ZG DE MEERN , NETHERLANDS , AND ON REQUEST , MONTEDEL LABEN , VIA BASSINI 15 , MILAN , ITALY , ALSO MANUFACTURES EQUIVALENT APPARATUS ,

HAS ADOPTED THIS DECISION :

ARTICLE 1

1 . THE APPARATUS DESCRIBED AS ' ORTEC-GE ( LI ) COAXIAL DETECTOR , MODEL 8101-2021 T ' , IS CONSIDERED TO BE A SCIENTIFIC APPARATUS .

2 . HOWEVER , THE CONDITIONS REQUIRED FOR THE ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES OF THE SCIENTIFIC APPARATUS DESCRIBED IN PARAGRAPH 1 ARE NOT FULFILLED .

ARTICLE 2

THIS DECISION IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 14 APRIL 1980 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION