81/842/EEC: Commission Decision of 8 October 1981 establishing that the apparatus described as 'MKS sensor head, model 94 BH with electronics unit, model 170 M- 34B' may not be imported free of Common Customs Tariff duties
Date: 1981-10-08
Institutions: European Commission
Subjects: common customs tariff, exemption from customs duties, measuring equipment, pressure equipment, scientific apparatus













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31981D0842

81/842/EEC: Commission Decision of 8 October 1981 establishing that the apparatus described as 'MKS sensor head, model 94 BH with electronics unit, model 170 M- 34B' may not be imported free of Common Customs Tariff duties  


Official Journal L 314 , 04/11/1981 P. 0014 - 0014 





COMMISSION DECISION of 8 October 1981 establishing that the apparatus described as "MKS sensor head, model 94 BH with electronics unit, model 170 M-34B" may not be imported free of Common Customs Tariff duties (81/842/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 1 April 1981, the Federal Republic of Germany 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 "MKS sensor head, model 94 BH with electronics unit, model 170 M-34B", to be used for gas pressure measurements, 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 9 July 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 a manometer with an electronic unit;  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 "MKS sensor head, model 94 BH with electronics unit, model 170 M-34B", which is the subject of an application by the Federal Republic of Germany of 1 April 1981, may not be imported free of Common Customs Tariff duties.    Article 2 This Decision is addressed to the Member States.     Done at Brussels, 8 October 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.