80/139/EEC: Commission Decision of 11 January 1980 refusing to accept the scientific character of the apparatus described as 'Hewlett-Packard computing calculator, model HP 9825A'
Date: 1980-01-11
Institutions: European Commission
Subjects: common customs tariff, computer, exemption from customs duties, scientific apparatus













EUR-Lex - 31980D0139 - EN






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31980D0139

80/139/EEC: Commission Decision of 11 January 1980 refusing to accept the scientific character of the apparatus described as 'Hewlett-Packard computing calculator, model HP 9825A'  


Official Journal L 030 , 07/02/1980 P. 0033 - 0033 Greek special edition: Chapter 02 Volume 8 P. 0163  





COMMISSION DECISION  of 11 January 1980  refusing to accept the scientific character of the apparatus described as "Hewlett-Packard computing calculator, model HP 9825A"  (80/139/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), as amended by Regulation (EEC) No 1027/79 (2),  Having regard to Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75 (3), and in particular Article 7 thereof,  Whereas, by letter dated 3 July 1979, the Italian Government requested the Commission to invoke the procedure laid down in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as "Hewlett-Packard computing calculator, model HP 9825A" used for research in the electron-spin resonance sector and, in particular, for the study of the structure and reactivity of free radicals and of ion-pairs in solution, in the context of the study of the influence of these pairs on the mechanisms of chemical reactions, 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 7 (5) of Regulation (EEC) No 2784/79, 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 computer used for the collection, the conversion and the analysis of data;  Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas, moreover, apparatus of the same kind is principally used for non-scientific activities ; 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 computing calculator, model HP 9825A" is not considered to be a scientific apparatus.   Article 2 This Decision is addressed to the Member States.     Done at Brussels, 11 January 1980.  For the Commission  Étienne DAVIGNON  Member of the Commission  (1)OJ No L 184, 15.7.1975, p. 1. (2)OJ No L 134, 31.5.1979, p. 1. (3)OJ No L 318, 13.12.1979, p. 32.