82/578/EEC: Commission Decision of 6 August 1982 establishing that the 'RCA - Quantacon Photomultiplier, model 8854' may not be imported free of Common Customs Tariff duties
Date: 1982-08-06
Institutions: European Commission
Subjects: common customs tariff, exemption from customs duties, scientific apparatus













EUR-Lex - 31982D0578 - EN






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31982D0578

82/578/EEC: Commission Decision of 6 August 1982 establishing that the 'RCA - Quantacon Photomultiplier, model 8854' may not be imported free of Common Customs Tariff duties  


Official Journal L 243 , 18/08/1982 P. 0022 - 0022 





*****COMMISSION  DECISION  of 6 August 1982  establishing that the 'RCA - Quantacon Photomultiplier, model 8854' may not be imported free of Common Customs Tariff duties  (82/578/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 last amended by Regulation (EEC) No 608/82 (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 4 February 1982, the Federal Republic of Germany 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 'RCA - Quantacon Photomultiplier, model 8854', ordered on 24 May 1978 and to be used for research in the field of high-energy physics and in particular of the double storage rings and the positron-electron tandem cyclotron unit, 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 June 1982 within the framework of the Committee on Duty-Free Arrangements to examine the matter;  Whereas this examination showed that the 'RCA - Quantacon Photomultiplier, model 8854', may not be regarded as an instrument or apparatus within the meaning of Article 3 (1) of the aforementioned Regulation (EEC) No 1798/75, but consists in fact of an accessory of a detector; whereas the latter must therefore be regarded as 'accessory' within the meaning of Article 3 (2) (a) of the said Regulation; whereas the possibility of granting importation free of duties must therefore be assessed in the light of the provisions of the said Article 3 (2) (a);  Whereas the accessory in question is not suitable for use with an instrument or apparatus imported free of duties or capable of being so imported; whereas, therefore, the conditions for import free of duties are not fulfilled,  HAS ADOPTED THIS DECISION:  Article 1  The 'RCA - Quantacon Photomultiplier, model 8854', which is the subject of an application by the Federal Republic of Germany of 4 February 1982, may not be imported free of Common Customs Tariff duties.  Article 2  This Decision is addressed to the Member States.  Done at Brussels, 6 August 1982.  For the Commission  Étienne DAVIGNON  Vice-President  (1) OJ No L 184, 15. 7. 1975, p. 1.  (2) OJ No L 74, 18. 3. 1982, p. 4.  (3) OJ No L 318, 13. 12. 1979, p. 32.