81/135/EEC: Commission Decision of 18 February 1981 establishing that the apparatus described as 'EG and GPAR-OMA 2 system' may not be imported free of Common Customs Tariff duties
Date: 1981-02-18
Institutions: European Commission
Subjects: CCT duties, common customs tariff, scientific apparatus, spectrometry













EUR-Lex - 31981D0135 - EN






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31981D0135

81/135/EEC: Commission Decision of 18 February 1981 establishing that the apparatus described as 'EG and GPAR-OMA 2 system' may not be imported free of Common Customs Tariff duties  


Official Journal L 069 , 14/03/1981 P. 0034 - 0034 





COMMISSION DECISION of 18 February 1981 establishing that the apparatus described as "EG and GPAR-OMA 2 system" may not be imported free of Common Customs Tariff duties (81/135/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 22 September 1980, the United Kingdom Government has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as "EG and GPAR-OMA 2 system", to be used for the electronic detection of very weak spectra and their processing, 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 8 January 1981 within the framework of the Committee on Duty-Free Arrangements to examine the matter;  Whereas this examination showed that the apparatus in question is an optical multichannel detector;  Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas, moreover, apparatus of the same kind are 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 ; whereas the duty-free admission of the apparatus in question is therefore not justified,  HAS ADOPTED THIS DECISION:    Article 1 The apparatus described as "EG and GPAR-OMA 2 system", which is the subject of an application by the United Kingdom Government of 22 September 1980, may not be imported free of Common Customs Tariff duties.   Article 2 This Decision is addressed to the Member States.     Done at Brussels, 18 February 1981.  For the Commission  Karl-Heinz NARJES  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.