83/57/EEC: Commission Decision of 28 January 1983 establishing that the apparatus described as 'Ortec - Economical Energy Dispersive Spectrometer EEDS II, with Si(Li) Detector, model 7861W-449' may be imported free of Common Customs Tariff duties
Date: 1983-01-28
Institutions: European Commission
Subjects: ceramics, common customs tariff, exemption from customs duties, scientific apparatus, spectrometry













EUR-Lex - 31983D0057 - EN






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31983D0057

83/57/EEC: Commission Decision of 28 January 1983 establishing that the apparatus described as 'Ortec - Economical Energy Dispersive Spectrometer EEDS II, with Si(Li) Detector, model 7861W-449' may be imported free of Common Customs Tariff duties  


Official Journal L 044 , 16/02/1983 P. 0025 - 0025 





*****COMMISSION  DECISION  of 28 January 1983  establishing that the apparatus described as 'Ortec - Economical Energy Dispersive Spectrometer EEDS II, with Si(Li) Detector, model 7861W-449' may be imported free of Common Customs Tariff duties  (83/57/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 22 July 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 apparatus described as 'Ortec - Economical Energy Dispersive Spectrometer EEDS II, with Si(Li) Detector, model 7861W-449', ordered on 22 January 1979 and to be used for microanalytical structure examinations of fine ceramics, 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 15 December 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 a spectrometer;  Whereas its objective technical characteristics, such as the precision of the micro-analyses, and the use to which it is put make it specially suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for scientific activities; whereas it must therefore be considered to be a scientific apparatus;  Whereas, on the basis of information received from Member States, apparatus of equivalent scientific value capable of use for the same purpose is not currently manufactured in the Community; whereas, therefore, duty-free admission of this apparatus is justified,  HAS ADOPTED THIS DECISION:  Article 1  The apparatus described as 'Ortec - Economical Energy Dispersive Spectrometer EEDS II, with Si(Li) Detector, model 7861W-449', which is the subject of an application by the Federal Republic of Germany of 22 July 1982, may be imported free of Common Customs Tariff duties.  Article 2  This Decision is addressed to the Member States.  Done at Brussels, 28 January 1983.  For the Commission  Karl-Heinz NARJES  Member of the Commission  (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.