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

( 2 ) OJ NO L 316 , 6 . 12 . 1975 , P . 17 .

COMMISSION DECISION

OF 28 FEBRUARY 1979

EXCLUDING FROM ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES THE SCIENTIFIC APPARATUS DESCRIBED AS ' BECKMAN - LIQUID SCINTILLATION SYSTEM , MODEL LS 9000 '

( 79/290/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 ),

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 ( 2 ), AND IN PARTICULAR ARTICLES 4 AND 5 THEREOF ,

WHEREAS , BY LETTERS DATED RESPECTIVELY 29 AUGUST 1978 AND 23 NOVEMBER 1978 , THE DANISH AND GERMAN GOVERNMENTS REQUESTED THE COMMISSION TO INVOKE THE PROCEDURE LAID DOWN IN ARTICLES 4 AND 5 OF REGULATION ( EEC ) NO 3195/75 IN ORDER TO DETERMINE WHETHER OR NOT THE APPARATUS DESCRIBED AS ' BECKMAN - LIQUID SCINTILLATION SYSTEM , MODEL LS 9000 ' , USED FOR THE FOLLOWING RESEARCHES :

- MEASUREMENT OF RADIOACTIVE COMPOUNDS IN ANIMAL TISSUES ,

- EXAMINATION OF THE REGULATION REACTIONS OF THE LYTIC CYCLES OF TUMOUR VIRUS ,

- DEFINITION OF THE SPECIFIC CHANGES , WHICH ARE DETERMINATIVE AS REGARDS THE PROLIFERATION OF NEOPLASTIC CELLS ,

- DETECTION OF THE PRESENCE AND LOCALIZATION OF VIRAL GENERA IN THE HOST-CELL OF ONCOGENERA ,

- DIFFERENTIATION AND CHARACTERIZATION OF RELATED VISIT STRAINS , AND LOCALIZATION OF CANCER PRODUCING VIRUS ,

SHOULD BE CONSIDERED TO BE A SCIENTIFIC APPARATUS AND , WHERE THE REPLY IS IN THE AFFIRMATIVE , WHETHER APPARATUS OF EQUIVALENT SCIENTIFIC VALUE IS CURRENTLY 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 OF THE MEMBER STATES MET ON 6 FEBRUARY 1979 WITHIN THE COMMITTEE ON DUTY-FREE ARRANGEMENTS TO EXAMINE THIS PARTICULAR CASE ;

WHEREAS THIS EXAMINATION SHOWS THAT THE APPARATUS IN QUESTION IS A LIQUID SCINTILLATION SYSTEM ; WHEREAS ITS TECHNICAL CHARACTERISTICS SUCH AS ITS PRECISION AND CAPACITY TO REPRODUCE DATA , AS WELL AS THE USE TO WHICH IT IS PUT , RENDER IT AN APPARATUS ESPECIALLY SUITABLE FOR PURE SCIENTIFIC RESEARCH ;

WHEREAS , HOWEVER , ON THE BASIS OF INFORMATION RECEIVED FROM MEMBER STATES , APPARATUS OF SCIENTIFIC VALUE EQUIVALENT TO THE SAID APPARATUS CAPABLE OF USE FOR THE SAME PURPOSE IS CURRENTLY MANUFACTURED IN THE COMMUNITY ; WHEREAS THIS APPLIES , IN PARTICULAR , TO THE GAMMAS ' SL 3000 ' AND ' SL 4000 ' MANUFACTURED BY INTERTECHNIQUE , 78370 PLAISIR ( FRANCE ), THE APPARATUS ' MARK III ' MANUFACTURED BY G . D . SEARLE NEDERLAND BV , WIEGERBRUINLAAN 75 , UITHOORN ( NETHERLANDS ) AND THE APPARATUS ' PW 4540 ' MANUFACTURED BY PHILIPS NEDERLAND BV , BOSCHDIJK 525 , EINDHOVEN ( NETHERLANDS ),

HAS ADOPTED THIS DECISION :

ARTICLE 1

1 . THE APPARATUS ' BECKMAN - LIQUID SCINTILLATION SYSTEM , MODEL LS 9000 ' MUST BE CONSIDERED TO BE A SCIENTIFIC APPARATUS .

2 . THE CONDITIONS REFERRED TO IN ARTICLE 3 ( 1 ) ( B ) OF REGULATION ( EEC ) NO 1798/75 OF 10 JULY 1975 FOR 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 , 28 FEBRUARY 1979 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION