79/742/EEC: Commission Decision of 2 August 1979 refusing to accept the scientific character of the apparatus described as 'Coherent-CO2 Surgical Laser System 400'
Date: 1979-08-02
Institutions: European Commission
Subjects: common customs tariff, exemption from customs duties, medical device, scientific apparatus













EUR-Lex - 31979D0742 - EN






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31979D0742

79/742/EEC: Commission Decision of 2 August 1979 refusing to accept the scientific character of the apparatus described as 'Coherent-CO2 Surgical Laser System 400'  


Official Journal L 216 , 24/08/1979 P. 0029 - 0029 Greek special edition: Chapter 02 Volume 7 P. 0275  





COMMISSION DECISION  of 2 August 1979  refusing to accept the scientific character of the apparatus described as "Coherent-CO2 Surgical Laser System 400"  (79/742/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 31 January 1979, 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 "Coherent-CO2 Surgical Laser System 400", intended for use in clinical research and, in particular, with a view to establishing a comparison between treatment with laser radiation and conventional radiotherapy and surgery, and with a view to instruction of surgeons on the use of laser irradiation of tumors, 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 18 June 1979 within the Committee on Duty-Free Arrangements to examine this particular case;  Whereas this examination showed that the apparatus in question is a CO2 chirgical laser system which does not possess the requisite characteristics making it specially suited to scientific research ; whereas moreover it is an apparatus in current use in the field of gynaecology, urology, dermatology and in operations on eyes, throat and nose;  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 "Coherent-CO2 Surgical Laser System 400" is not considered to be a scientific apparatus.   Article 2 This Decision is addressed to the Member States.     Done at Brussels, 2 August 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.