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79/815/EEC: Commission Decision of 14 September 1979 refusing to accept the scientific character of the 'Hewlett-Packard X-Y recorder, model 7046 A'
Date: 1979-09-14
Institutions: European Commission
Subjects: common customs tariff, exemption from customs duties, recording equipment, scientific apparatus













EUR-Lex - 31979D0815 - EN






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31979D0815

79/815/EEC: Commission Decision of 14 September 1979 refusing to accept the scientific character of the 'Hewlett-Packard X-Y recorder, model 7046 A'  


Official Journal L 242 , 25/09/1979 P. 0014 - 0014 Greek special edition: Chapter 02 Volume 7 P. 0291  





COMMISSION DECISION  of 14 September 1979  refusing to accept the scientific character of the "Hewlett-Packard X-Y recorder, model 7046 A"  (79/815/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 22 March 1979, 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 "Hewlett-Packard X-Y recorder, model 7046 A", used for research in the field of bearing capacity of concrete and, in particular, for plotting the relationship between a force and two deformations on the test sample 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 pen recorder;  Whereas it does not have the requisite objective characteristics making it specifically suited to pure scientific research ; whereas, furthermore, it is currently used in industry, in particular in the aerospatial and automobile sectors;  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 "Hewlett-Packard X-Y recorder, model 7046 A" is not considered to be a scientific apparatus.   Article 2 This Decision is addressed to the Member States.     Done at Brussels, 14 September 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.