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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 13 APRIL 1978

ALLOWING ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES OF SCIENTIFIC APPARATUS DESCRIBED AS ' JEOL MASS DATA ANALYSIS SYSTEM , TYPE JMA-0231/0341 '

( 78/413/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 LETTER DATED 9 DECEMBER 1977 , THE DANISH GOVERNMENT 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 ' JEOL MASS DATA ANALYSIS SYSTEM , TYPE JMA-0231/0341 ' SHOULD BE CONSIDERED TO BE SCIENTIFIC APPARATUS , AND IF 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 29 MARCH 1978 WITHIN THE COMMITTEE ON DUTY-FREE ARRANGEMENTS TO EXAMINE THIS PARTICULAR CASE ;

WHEREAS THIS EXAMINATION SHOWS THAT THE APPARATUS IS A DATA-PROCESSING UNIT USED IN THE PHARMACO-ANALYTICAL STUDY OF SUBSTANCES RESULTING FROM THE TRANSFORMATION OF MEDICAMENTS IN THE ORGANISM ; WHEREAS THIS SYSTEM OF ANALYSIS IS SPECIALLY DESIGNED FOR USE IN CONJUNCTION WITH A MASS SPECTROMETER ; WHEREAS ITS CHARACTERISTICS AND THE USE FOR WHICH IT IS INTENDED MAKE IT A DEVICE SPECIALLY SUITED TO PURE SCIENTIFIC RESEARCH , AND IT THEREFORE HAS THE CHARACTER OF SCIENTIFIC EQUIPMENT ; WHEREAS INFORMATION OBTAINED FROM THE MEMBER STATES HAS SHOWN THAT APPARATUS OF EQUIVALENT SCIENTIFIC VALUE AND CAPABLE OF BEING USED FOR THE SAME PURPOSE HAS BEEN MANUFACTURED IN THE COMMUNITY , WITHIN THE MEANING OF ARTICLE 3 ( 3 ) OF REGULATION ( EEC ) NO 1798/75 , ONLY SINCE 1 JANUARY 1978 ; WHEREAS , WHEN AN ORDER WAS PLACED FOR THE APPARATUS IN MARCH 1976 , IT WAS NOT POSSIBLE AT THAT TIME FOR COMMUNITY MANUFACTURERS TO SUPPLY EQUIPMENT OF EQUIVALENT SCIENTIFIC VALUE TO THAT OF THE APPARATUS FOR WHICH DUTY-FREE ADMISSION IS REQUESTED ; WHEREAS EXEMPTION FROM IMPORT DUTY IS THEREFORE JUSTIFIED IN RESPECT OF THE APPARATUS IN QUESTION ; WHEREAS THE GRANT OF SUCH EXEMPTION MUST , HOWEVER , BE LIMITED TO CASES WHERE THE ORDER FOR THE APPARATUS WAS PLACED PRIOR TO 1 JANUARY 1978 ,

HAS ADOPTED THIS DECISION :

ARTICLE 1

1 . THE APPARATUS DESIGNATED ' JEOL MASS DATA ANALYSIS SYSTEM , TYPE JMA-0231/0341 ' MUST BE CONSIDERED TO BE A SCIENTIFIC APPARATUS .

2 . THE APPARATUS REFERRED TO IN PARAGRAPH 1 ABOVE FULFILS THE REQUIREMENTS OF COUNCIL REGULATION ( EEC ) NO 1798/75 OF 10 JULY 1975 ON IMPORTATION FREE OF COMMON CUSTOMS TARIFF DUTIES .

ARTICLE 2

THE PROVISIONS OF ARTICLE 1 ( 2 ) ARE APPLICABLE ONLY TO THOSE UNITS OF THE APPARATUS IN QUESTION FOR WHICH AN ORDER WAS PLACED BEFORE 1 JANUARY 1978 .

ARTICLE 3

THIS DECISION IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 13 APRIL 1978 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION