ddrg/super_eurlex huggingface dataset:
*****

COUNCIL DECISION

of 3 December 1981

concerning the conclusion of an Agreement resulting from the negotiations and consultations between the European Economic Community and the Republic of Finland concerning trade in various agricultural products

(81/980/EEC)

THE COUNCIL OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the recommendation from the Commission,

Whereas, in accordance with the mandate which it received from the Council on 16 December 1980, the Commission has held consultations with the Republic of Finland on reciprocal trade in cheese and has reached a satisfactory agreement with that country in a spirit of reciprocity;

Whereas, in accordance with the authorization which it received from the Council on 28 April 1981, the Commission initiated negotiations with the Republic of Finland under Article XXIV (6) of the GATT following the accession of the Hellenic Republic to the European Communities and has reached an acceptable agreement with that country,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Economic Community and the Republic of Finland comprising:

- a temporary arrangement for a concerted discipline between the European Economic Community and the Republic of Finland concerning reciprocal trade in cheese;

- an exchange of letters concerning the outcome of the negotiations between the European Economic Community and the Republic of Finland under Article XXIV (6) of the GATT following the accession of the Hellenic Republic to the European Communities;

is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.

Done at Brussels, 3 December 1981.

For the Council

The President

T. KING
+++++

COUNCIL DECISION OF 24 NOVEMBER 1981 ON THE APPLICATION OF DEROGATIONS FROM THE DEFINITION OF ORIGINATING PRODUCTS UNDER THE SECOND ACP-EEC CONVENTION ( 81/968/EEC )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS ARTICLE 30 OF PROTOCOL 1 TO THE SECOND ACP-EEC CONVENTION PROVIDES THAT DECISIONS DEROGATING FROM THE PROVISIONS OF THE SAID PROTOCOL MUST BE DECIDED ON BY THE CUSTOMS COOPERATION COMMITTEE ESTABLISHED UNDER THE CONVENTION NOT LATER THAN THREE MONTHS AFTER REFERRAL TO THE COMMUNITY ;

WHEREAS THE POSITION OF THE COMMUNITY IS DETERMINED BY THE COUNCIL ;

WHEREAS IN ITS DECLARATION IN ANNEX XXXVI TO THE SAID CONVENTION , THE COMMUNITY UNDERTOOK TO IMPLEMENT BY ACCELERATED PROCEDURE THE MEASURES FOR APPLYING DEROGATION DECISIONS ,

HAS DECIDED AS FOLLOWS :

ARTICLE 1

DECISIONS DEROGATING FROM THE DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS , TAKEN BY THE CUSTOMS COOPERATION COMMITTEE OR , WHERE APPROPRIATE , BY THE OTHER INSTITUTIONS ESTABLISHED UNDER THE SECOND ACP-EEC CONVENTION , SHALL BE IMPLEMENTED IN THE COMMUNITY BY MEANS OF COMMISSION REGULATIONS .

ARTICLE 2

THIS DECISION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

DONE AT BRUSSELS , 24 NOVEMBER 1981 .

FOR THE COUNCIL

THE PRESIDENT

N . RIDLEY
++++

COUNCIL DECISION

OF 21 DECEMBER 1981

ON THE CONCLUSION OF THE CONVENTION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE UNITED NATIONS RELIEF AND WORKS AGENCY FOR PALESTINE REFUGEES ( UNRWA ) , CONCERNING AID TO REFUGEES IN THE COUNTRIES OF THE NEAR EAST

( 81/1071/EEC )

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 235 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,

WHEREAS THE COMMUNITY WISHES TO CONTINUE ITS PROGRAMME OF AID TO PALESTINE REFUGEES IN THE NEAR EAST ;

WHEREAS THE CONVENTION ( 2 ) , APPROVED ON 21 APRIL 1980 AND CONCLUDED WITH THE UNITED NATIONS RELIEF AND WORKS AGENCY FOR PALESTINE REFUGEES ( UNRWA ) CONCERNING AID TO REFUGEES IN THE COUNTRIES OF THE NEAR EAST , EXPIRED ON 31 DECEMBER 1980 ;

WHEREAS A NEW CONVENTION , PROVIDING FOR CONTRIBUTIONS IN KIND AND IN CASH OVER A PERIOD OF THREE YEARS , SHOULD BE CONCLUDED WITH UNRWA SO THAT THE COMMUNITY'S AID CAN CONTINUE TO BE PROVIDED AS PART OF A COMPREHENSIVE OPERATION OFFERING A MEASURE OF CONTINUITY ;

WHEREAS ARTICLE 43 OF THE TREATY DOES NOT PROVIDE SUFFICIENT ENABLING POWERS ,

HAS DECIDED AS FOLLOWS :

ARTICLE 1

THE CONVENTION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE UNITED NATIONS RELIEF AND WORKS AGENCY FOR PALESTINE REFUGEES ( UNRWA ) CONCERNING AID TO REFUGEES IN THE COUNTRIES OF THE NEAR EAST IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .

THE TEXT OF THE CONVENTION IS ATTACHED TO THIS DECISION .

ARTICLE 2

QUESTIONS RELATING TO THE APPLICATION OF THE CONVENTION SHALL BE EXAMINED BY THE COMMISSION TOGETHER WITH UNRWA .

ARTICLE 3

THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSONS EMPOWERED TO SIGN THE CONVENTION IN ORDER TO BIND THE COMMUNITY .

DONE AT BRUSSELS , 21 DECEMBER 1981 .

FOR THE COUNCIL

THE PRESIDENT

N . RIDLEY

( 1 ) OPINION DELIVERED ON 18 DECEMBER 1981 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ) .

( 2 ) OJ NO L 108 , 26 . 4 . 1980 , P . 56 .
COMMISSION DECISION of 27 November 1981 establishing that the apparatus described as "Molectron - pulsed Nd : YAG laser, model MY 34, with accessories" may not be imported free of Common Customs Tariff duties (81/997/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 20 May 1981, the United Kingdom 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 "Molectron - pulsed Nd : YAG laser, model MY 34, with accessories", to be used for the investigation of relaxation processes in solids following picosecond laser excitation, 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 30 October 1981 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 laser;

Whereas its objective technical characteristics, such as the energetic value of the impulses, and the use to which it is put make it specially suited to scientific research ; whereas, moreover, apparatus of the same kind are 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, are currently being manufactured in the Community ; whereas this applies, in particular, to the apparatus "hyper YAG laser system 2000" manufactured by J.K. Lasers Ltd, Somers Road, UK-Rugby CV22 7DG, Warwickshire and to the apparatus "laser YAG, model YG 481 DT" manufactured by Quantel, avenue de l'Atlantique, F-91941 Les Ulis Orsay Cedex,

HAS ADOPTED THIS DECISION:

Article 1

The apparatus described as "Molectron - pulsed Nd : YAG laser, model MY 34, with accessories", which is the subject of an application by the United Kingdom of 20 May 1981, may not be imported free of Common Customs Tariff duties.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 27 November 1981.

For the Commission

Karl-Heinz NARJES

Member of the Commission (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.
****

( 1 ) OJ NO L 51 , 23 . 2 . 1977 , P . 1 .

COMMISSION DECISION

OF 4 DECEMBER 1981

APPROVING A PROGRAMME FOR WET FRUIT AND VEGETABLE PRESERVES IN LOWER SAXONY PURSUANT TO COUNCIL REGULATION ( EEC ) NO 355/77

( ONLY THE GERMAN TEXT IS AUTHENTIC )

( 81/1025/EEC )

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 355/77 OF 15 FEBRUARY 1977 ON COMMON MEASURES TO IMPROVE THE CONDITIONS UNDER WHICH AGRICULTURAL PRODUCTS ARE PROCESSED AND MARKETED ( 1 ), AND IN PARTICULAR ARTICLE 5 THEREOF ,

WHEREAS ON 22 SEPTEMBER 1980 THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY FORWARDED THE PROGRAMME FOR WET FRUIT AND VEGETABLE PRESERVES IN LOWER SAXONY AND ON 18 MAY 1981 PROVIDED ADDITIONAL DETAILS ;

WHEREAS THIS PROGRAMME RELATES TO THE SECTOR OF FRUIT AND VEGETABLE PRESERVES AND PICKLED PRESERVES FOR :

- THE CREATION OF FACILITIES FOR THE MANUFACTURE OF NEW PRODUCTS ,

- THE CONVERSION OF EXISTING INSTALLATIONS TO TECHNIQUES WHICH HANDLE THE PRODUCT MORE GENTLY ,

- THE CREATION OF FACILITIES FOR DEEP FREEZING AND STORAGE OF RAW MATERIALS ,

- THE CREATION OF FACILITIES FOR THE INTRODUCTION OF NEW TECHNOLOGIES ,

- INVESTMENTS FOR RESTRUCTURING OF PRODUCTION CAPACITY AND MARKETING ;

WITH THE AIM OF DIVERSIFYING THE SUPPLY , IMPROVING ITS QUALITY , EXTENDING THE PROCESSING SEASON AND STABILIZING THE AREA CULTIVATED FOR VEGETABLES AS WELL AS ENCOURAGING COOPERATION BETWEEN THE UNDERTAKINGS IN ORDER TO HARMONIZE THEIR PRODUCT RANGES ; WHEREAS IT CONSTITUTES THEREFORE A PROGRAMME WITHIN THE MEANING OF ARTICLE 2 OF REGULATION ( EEC ) NO 355/77 ;

WHEREAS APPROVAL OF THE PROGRAMME DOES NOT AFFECT THE DECISIONS TO BE TAKEN PURSUANT TO ARTICLE 14 OF REGULATION ( EEC ) NO 355/77 CONCERNING COMMUNITY AID FOR PROJECTS IN PARTICULAR AS REGARDS VERIFYING THAT MARKETING OUTLETS FORESEEN IN THE PROGRAMME ARE IN FACT AVAILABLE FOR THE PROJECTED NEW PROCESSING CAPACITY IN THE FROZEN VEGETABLE SECTOR ;

WHEREAS THE PROGRAMME CONTAINS THE DETAILS REQUIRED UNDER ARTICLE 3 OF REGULATION ( EEC ) NO 355/77 , SHOWING THAT THE OBJECTIVES LAID DOWN IN ARTICLE 1 OF THAT REGULATION CAN BE ACHIEVED IN RESPECT OF THE SECTOR CONCERNED ; WHEREAS THE SCHEDULE FOR IMPLEMENTATION OF THE PROGRAMME DOES NOT EXCEED THE TIME LIMIT LAID DOWN IN ARTICLE 3 ( 1 ) ( G ) OF THAT REGULATION ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS DECISION ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING COMMITTEE ON AGRICULTURAL STRUCTURE ,

HAS ADOPTED THIS DECISION :

ARTICLE 1

THE PROGRAMME FOR WET FRUIT AND VEGETABLE PRESERVES IN LOWER SAXONY , SUBMITTED BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY PURSUANT TO REGULATION ( EEC ) NO 355/77 ON 22 SEPTEMBER 1980 AND SUPPLEMENTED ON 18 MAY 1981 , IS HEREBY APPROVED .

ARTICLE 2

THIS DECISION IS ADDRESSED TO THE FEDERAL REPUBLIC OF GERMANY .

DONE AT BRUSSELS , 4 DECEMBER 1981 .

FOR THE COMMISSION

POUL DALSAGER

MEMBER OF THE COMMISSION
+++++

( 1 ) OJ NO C 158 , 27 . 6 . 1980 , P . 2 .

COUNCIL DECISION OF 29 DECEMBER 1981 UNDER THE TREATIES , CONCERNING FISHERY ACTIVITIES IN WATERS UNDER THE SOVEREIGNTY OR JURISDICTION OF MEMBER STATES , TAKEN ON A TEMPORARY BASIS PENDING THE ADOPTION OF PERMANENT COMMUNITY MEASURES ( 81/1052/EEC )

THE COUNCIL REFERS TO ITS DECLARATION OF 30 MAY 1980 ON THE IMPLEMENTATION OF THE COMMON FISHERIES POLICY ( 1 ) .

PENDING A DECISION IN THIS AREA AND BEARING IN MIND THE COMMUNITY'S COMPETENCE IN THE MATTER AND THE OBLIGATIONS ON THE MEMBER STATES AS DEFINED BY THE COURT OF JUSTICE , THE COUNCIL HAS DECIDED AS FOLLOWS :

FROM 1 JANUARY 1982 UNTIL A DECISION IS ADOPTED OR UNTIL 31 MARCH 1982 , WHICHEVER IS THE EARLIER , THE MEMBER STATES SHALL CONDUCT THEIR FISHING ACTIVITIES IN ACCORDANCE WITH THE USUAL SEASONAL CYCLES , TAKING INTO ACCOUNT THE TACS PROPOSED BY THE COMMISSION ON 24 JULY 1981 AND THE PORTION OF THOSE TACS WHICH REMAINS AVAILABLE TO THE COMMUNITY BEARING IN MIND ITS COMMITMENTS TO NON-MEMBER COUNTRIES .

DONE AT BRUSSELS , 29 DECEMBER 1981 .

FOR THE COUNCIL

THE PRESIDENT

P . WALKER
CORRIGENDUM TO COUNCIL DECISION 82/698/EEC OF 8 OCTOBER 1982 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON NURSING TRAINING

( OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES NO L 292 OF 16 OCTOBER 1982 )

PAGE 29, SOLE ARTICLE, A . EXPERTS FROM THE PRACTISING PROFESSION :

1.2FOR :

NETHERLANDS : MRS A . J . LEVERT',

READ :

NETHERLANDS : MRS M . DE NIE '.
*****

COMMISSION DECISION

of 15 January 1982

changing the import arrangements established by Commission Decision 81/248/EEC and applied in the Federal Republic of Germany in respect of Albania, Bulgaria, Hungary, Poland, Czechoslovakia, the USSR, Vietnam, North Korea and Mongolia regarding glass inners for vacuum flasks or for other vacuum vessels, finished

(Only the German text is authentic)

(82/46/EEC)

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 3286/80 of 4 December 1980 on import arrangements in respect of State-trading countries (1), and in particular Article 4 (2) thereof,

Whereas Commission Decision 81/248/EEC (2) established the list of products originating in State-trading countries whose release for free circulation in the Member States is subject to quantitative restrictions pursuant to Regulation (EEC) No 3286/80;

Whereas, pursuant to Article 7 (1) of Regulation (EEC) No 3286/80, the Government of the Federal Republic of Germany has informed the other Member States and the Commission that it considers that the import arrangements applied in the Federal Republic of Germany in respect of imports of glass inners for vacuum flasks or for other vacuum vessels, finished (NIMEXE code 70.12-20) from Albania, Bulgaria, Hungary, Poland, Czechoslovakia, the USSR, Vietnam, North Korea and Mongolia should be amended in accordance with the Regulation;

Whereas the Federal Republic of Germany is alone in maintaining quantitative restrictions on imports of the product in question;

Whereas the measure envisaged is such as to further the progressive harmonization of the import arrangements applied in the Member States,

HAS ADOPTED THIS DECISION:

Article 1

1. The quantitative restrictions on the free circulation in the Federal Republic of Germany of glass inners for vacuum flasks or for other vacuum vessels, finished (NIMEXE code 70.12-20) coming from Albania, Bulgaria, Hungary, Poland, Czechoslovakia, the USSR, Vietnam, North Korea and Mongolia are abolished.

2. The cross (+) including the footnote (2) entered in respect of the Federal Republic of Germany in the Annex to Commission Decision 81/248/EEC with regard to the NIMEXE code (1980) 70.12-20 are suppressed.

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 15 January 1982.

For the Commission

Étienne DAVIGNON

Vice-President

(1) OJ No L 353, 29. 12. 1980, p. 1.

(2) OJ No L 115, 27. 4. 1981, p. 1.
*****

COMMISSION DECISION

of 29 January 1982

on the implementation of the reform of agricultural structures in Ireland pursuant to Title II of Council Directive 75/268/EEC

(Only the English text is authentic)

(82/106/EEC)

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (1), as last amended by Directive 80/666/EEC (2), and in particular Article 13 thereof,

Having regard to Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (3), as last amended by Directive 81/528/EEC (4), and in particular Article 18 (3) thereof,

Whereas the Irish Government notified on 11 and 16 November 1981 the following regulations:

- the cattle headage payments in severely handicapped areas 1981,

- the beef cow scheme in disadvantaged areas 1981,

- the scheme of headage payments on sheep in disadvantaged areas 1981,

- the 1981 scheme of headage payments;

Whereas under Article 13 of Directive 75/268/EEC in conjunction with Article 18 (3) of Directive 72/159/EEC the Commission must decide whether, having regard to the regulations notified, the existing provisions in Ireland for the implementation of Directive 75/268/EEC continue to satisfy the conditions for financial contribution by the Community to common measures as referred to in Article 13 of Directive 75/268/EEC;

Whereas the abovementioned livestock headage payments schemes 1981 are consistent with the aims and requirements of Directive 75/268/EEC;

Whereas the EAGGF Committee has been consulted on the financial aspects;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,

HAS ADOPTED THIS DECISION:

Article 1

The provisions for the implementation of Title II of Directive 75/268/EEC notified by the Irish Government on 11 and 16 November 1981 satisfy the conditions for financial contribution by the Community towards common measures as referred to in Article 13 of Directive 75/268/EEC.

Article 2

This Decision is addressed to Ireland.

Done at Brussels, 29 January 1982.

For the Commission

Poul DALSAGER

Member of the Commission

(1) OJ No L 128, 19. 5. 1975, p. 1.

(2) OJ No L 180, 14. 7. 1980, p. 34.

(3) OJ No L 96, 23. 4. 1972, p. 1.

(4) OJ No L 197, 20. 7. 1981, p. 41.
*****

COMMISSION DECISION

of 23 December 1981

establishing that the apparatus described as 'Canberra Ge(Li) detector, model 7229, with cryostat, model 7500' may not be imported free of Common Customs Tariff duties

(82/82/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 16 June 1981, 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 'Canberra Ge(Li) detector, model 7229, with cryostat, model 7500', to be used for the determination of hyperfine fields at the nucleus of foreign atoms in rare earths, 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 15 December 1981 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 detector; whereas its objective technical characteristics such as the very high resolution and the use to which it is put make it specially suited to scientific research; whereas, moreover, apparatus of the same kind are 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, are currently being manufactured in the Community; whereas this applies, in particular, to the apparatus manufactured on request by Harshaw Chemie BV, Strijkviertel 67, 3454 ZG De Meern, the Netherlands and by Montedel-Laben via Bassini 15, 20133 Milan, Italy,

HAS ADOPTED THIS DECISION:

Article 1

The apparatus described as 'Canberra Ge(Li) detector, model 7229, with cryostat, model 7500', which is the subject of an application by the Federal Republic of Germany of 16 June 1981, may not be imported free of Common Customs Tariff duties.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 23 December 1981.

For the Commission

Karl-Heinz NARJES

Member of the Commission

(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 5 February 1982

establishing that the apparatus described as 'Tracor digital signal analyzer, model TN-1500-8, with accessories' may not be imported free of Common Customs Tariff duties

(82/141/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 20 July 1981, 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 'Tracor digital signal analyzer, model TN-1500-8, with accessories', to be used for mass-spectrometric quantification of total-hydrolyzates of biological systems and isotope analysis of natural materials in the trace range and also for mass-fragmentography of content materials, occuring in traces, of biological systems, 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 15 December 1981 within the framework of the Committee on Duty-Free Arrangements to examine the matter;

Whereas this examination showed that the apparatus in question is an analyzer;

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 apparatus; whereas the duty-free admission of the apparatus in question is therefore not justified,

HAS ADOPTED THIS DECISION:

Article 1

The apparatus described as 'Tracor digital signal analyzer, model TN-1500-8, with accessories', which is the subject of an application by the Federal Republic of Germany, of 20 July 1981, may not be imported free of Common Customs Tariff duties.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 5 February 1982.

For the Commission

Karl-Heinz NARJES

Member of the Commission

(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.