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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 23 NOVEMBER 1979

EXCLUDING FROM ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES THE SCIENTIFIC APPARATUS DESCRIBED AS ' PACKARD PRIAS , SAMPLE PREPARATION UNIT , MODEL PS 105 , WITH PRIAS , AUTOMATIC GAMMA COUNTER , MODEL PGD 105 '

( 79/1041/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 14 MAY 1979 , THE GERMAN 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 ' PACKARD PRIAS , SAMPLE PREPARATION UNIT , MODEL PS 105 , WITH PRIAS AUTOMATIC GAMMA COUNTER , MODEL PGD 105 ' , USED FOR SAMPLE PREPARATION AND IMMUNORADIOMETRIC DETERMINATION OF SERUM FERRITIN , 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 4 ( 5 ) OF REGULATION ( EEC ) NO 3195/75 , A GROUP OF EXPERTS COMPOSED OF REPRESENTATIVES OF ALL THE MEMBER STATES MET ON 15 NOVEMBER 1979 WITHIN THE COMMITTEE ON DUTY-FREE ARRANGEMENTS TO EXAMINE THIS PARTICULAR CASE ;

WHEREAS THIS EXAMINATION SHOWED THAT THE APPARATUS IN QUESTION IS A SYSTEM COMBINING A SAMPLE PREPARATION UNIT WITH AN AUTOMATIC GAMMA COUNTER ;

WHEREAS IN VIEW OF ITS OBJECTIVE TECHNICAL CHARACTERISTICS SUCH AS THE PRECISION WITH WHICH THE ACTIVITY OF THE SAMPLES CAN BE MEASURED AND THE USE TO WHICH IT IS PUT , THIS APPARATUS IS SPECIALLY SUITED TO PURE SCIENTIFIC RESEARCH ; 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 SYSTEM COMPOSED OF THE APPARATUS ' ANALYMAT ' MANUFACTURED BY GILSON FRANCE , 72 , RUE GAMBETTA , 95400 VILLIERS-LE-BEL/FRANCE AND THE APPARATUS ' CG 4000 ' MANUFACTURED BY INTERTECHNIQUE , 78370 PLAISIR/FRANCE ,

HAS ADOPTED THIS DECISION :

ARTICLE 1

1 . THE APPARATUS DESCRIBED AS ' PACKARD PRIAS , SAMPLE PREPARATION UNIT , MODEL PS 105 , WITH PRIAS , AUTOMATIC GAMMA COUNTER , MODEL PGD 105 ' IS CONSIDERED TO BE A SCIENTIFIC APPARATUS .

2 . THE CONDITIONS REFERRED TO IN ARTICLE 3 ( 1 ) ( B ) OF COUNCIL 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 , 23 NOVEMBER 1979 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION