OR APPARATUS WHICH MAKE IT POSSIBLE TO OBTAIN HIGH-LEVEL PERFORMANCES ABOVE THOSE NORMALLY REQUIRED FOR INDUSTRIAL OR COMMERCIAL USE . ' ' WHERE IT IS NOT POSSIBLE TO ESTABLISH CLEARLY THE CHARACTER OF AN INSTRUMENT OR APPARATUS ON THE BASIS OF THESE OBJECTIVE TECHNICAL CHARACTERISTICS THE ARTICLE PROVIDES THAT AN EXAMINATION OF THE GENERAL USES IN THE COMMUNITY OF INSTRUMENTS OR APPARATUS OF THAT TYPE MUST BE CARRIED OUT . IF THAT EXAMINATION SHOWS THAT THE INSTRUMENT OR APPARATUS FOR WHICH DUTY-FREE ADMISSION IS REQUESTED IS USED MAINLY FOR SCIENTIFIC PURPOSES IT IS DEEMED TO BE OF A SCIENTIFIC NATURE .
5 ACCORDING TO ARTICLE 7 OF THE IMPLEMENTING REGULATION THE DECISION ON DUTY-FREE IMPORTATION IS TO BE TAKEN BY THE COMPETENT NATIONAL AUTHORITY IF THE INFORMATION AT ITS DISPOSAL ENABLES IT TO ASSESS WHETHER OR NOT THE INSTRUMENT OR APPARATUS IS SCIENTIFIC . IN THE ABSENCE OF SUCH DECISION THE APPLICATION FOR EXCEPTION IS TO BE FORWARDED TO THE COMMISSION WHICH MUST THEN SEEK THE VIEW OF THE MEMBER STATES AND , IN THE EVENT OF OBJECTION , REFER THE MATTER TO A GROUP OF EXPERTS COMPOSED OF REPRESENTATIVES OF THE MEMBER STATES WHO MEET WITHIN THE FRAMEWORK OF THE COMMITTEE ON DUTY-FREE ARRANGEMENTS IN ORDER TO EXAMINE THE APPLICATION . WHEN THAT EXAMINATION IS COMPLETED THE COMMISSION IS TO TAKE A DECISION WHICH MUST BE NOTIFIED TO ALL MEMBER STATES .
6 THE FILE ON THE CASE SHOWS THAT THE TWO FREE UNIVERSITIES OF BRUSSELS CONCLUDED A ' ' LEASING CONTRACT ' ' WITH THE APPLICANT CONCERNING THE ACQUISITION OF TWO COMPUTERS OF THE CYBER 170-720 AND CYBER 170-750 TYPES , BOTH MANUFACTURED IN THE UNITED STATES . IN ORDER TO IMPORT THE COMPUTERS FREE OF DUTY THE APPLICANT , ACTING IN THE NAME OF THE UNIVERSITIES , SUBMITTED AN APPROPRIATE APPLICATION DATED 6 AUGUST 1980 TO THE BELGIAN CUSTOMS AUTHORITIES . IT APPENDED TO ITS APPLICATION A VERY DETAILED FILE WHICH WAS FURTHER SUPPLEMENTED AFTER CONVERSATIONS WITH THE AUTHORITIES .
7 IN PURSUANCE OF ARTICLE 7 OF REGULATION NO 2784/79 THE BELGIAN AUTHORITIES TRANSMITTED THE APPLICATION , TOGETHER WITH THE FILE , TO THE COMMISSION . SINCE THREE MEMBER STATES CHALLENGED THE SCIENTIFIC NATURE OF THE TWO COMPUTERS THE COMMISSION REFERRED THE MATTER TO THE COMMITTEE ON DUTY-FREE ARRANGEMENTS AND , IN ACCORDANCE WITH THE OPINION OF THE LATTER , ADOPTED THE DECISION AT ISSUE .
8 THAT DECISION IS BASED ENTIRELY ON THE NON-SCIENTIFIC NATURE OF THE TWO COMPUTERS . THE DECISIVE RECITALS IN THE PREAMBLE TO THE DECISION ARE WORDED AS FOLLOWS :
' ' . . . THIS EXAMINATION SHOWED THAT THE APPARATUS IN QUESTION ARE COMPUTERS ,
. . . THEY DO NOT HAVE THE REQUISITE OBJECTIVE CHARACTERISTICS MAKING THEM SPECIFICALLY SUITED TO SCIENTIFIC RESEARCH ; . . . MOREOVER , APARATUS OF THE SAME KIND ARE PRINCIPALLY USED FOR NON-SCIENTIFIC ACTIVITIES ; . . . THEIR USE IN THE CASE IN QUESTION COULD NOT ALONE CONFER UPON THEM THE CHARACTER OF SCIENTIFIC