82/197/EEC: Commission Decision of 17 March 1982 establishing that the apparatus described as 'Varian- linear accelerator, model Clinac 20' may not be imported free of Common Customs Tariff duties
Date: 1982-03-17
Institutions: European Commission
Subjects: apparatus based on the use of rays, cancer, carcinogenic substance, common customs tariff, exemption from customs duties, scientific apparatus













EUR-Lex - 31982D0197 - EN






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31982D0197

82/197/EEC: Commission Decision of 17 March 1982 establishing that the apparatus described as 'Varian- linear accelerator, model Clinac 20' may not be imported free of Common Customs Tariff duties  


Official Journal L 089 , 03/04/1982 P. 0033 - 0033 





*****COMMISSION  DECISION  of 17 March 1982  establishing that the apparatus described as 'Varian-linear accelerator, model Clinac 20' may not be imported free of Common Customs Tariff duties  (82/197/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 7 September 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 'Varian-linear accelerator, model Clinac 20', to be used for the study of the possibilities of cancer therapy by means of high-energy electron beams and gamma radiation at high dosage rates and in particular for the radiotherapy for cancer patients, should be considered to be 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 4 February 1982 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 accelerator; 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 'Varian-linear accelerator, model Clinac 20', which is the subject of an application by the Federal Republic of Germany of 7 September 1981, may not be imported free of Common Customs Tariff duties.  Article 2  This Decision is addressed to the Member States.  Done at Brussels, 17 March 1982.  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.