79/638/EEC: Commission Decision of 4 July 1979 refusing to accept the scientific character of the apparatus described as 'PMS data acquisition system, model DAS-32'
Date: 1979-07-04
Institutions: European Commission
Subjects: common customs tariff, exemption from customs duties, meteorology, scientific apparatus













EUR-Lex - 31979D0638 - EN






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31979D0638

79/638/EEC: Commission Decision of 4 July 1979 refusing to accept the scientific character of the apparatus described as 'PMS data acquisition system, model DAS-32'  


Official Journal L 182 , 19/07/1979 P. 0030 - 0030 Greek special edition: Chapter 02 Volume 7 P. 0246  





COMMISSION DECISION  of 4 July 1979  refusing to accept the scientific character of the apparatus described as "PMS data acquisition system, model DAS-32"  (79/638/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 19 December 1978, the United Kingdom 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 "PMS data acquisition system, model DAS-32", intended for use in research on cloud physics and, in particular, for cloud droplet size measurement, 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 4 (5) of Regulation (EEC) No 3195/75, a group of experts composed of representatives of all the Member States met on 28 May 1979 within the Committee on Duty-Free Arrangements to examine this particular case;  Whereas this examination showed that the apparatus in question consists of a complete system for the acquisition of data, including, in particular, a forward scattering spectrometer, an aspirator, a step-down, transformer and a heater;  Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas it is an apparatus in current use, and, in particular, for measuring air pollution;  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,  HAS ADOPTED THIS DECISION:    Article 1 The apparatus described as "PMS data acquisition system, model DAS-32" is not considered to be a scientific apparatus.   Article 2 This Decision is addressed to the Member States.     Done at Brussels, 4 July 1979.  For the Commission  Étienne DAVIGNON  Member of the Commission  (1)OJ No L 184, 15.7.1975, p. 1. (2)OJ No L 316, 6.12.1975, p. 17.