LONG-TERM SCIENTIFIC RESEARCH .
8 IT SHOULD BE NOTED THAT NEITHER THE FLORENCE AGREEMENT NOR REGULATION NO 1798/75 CONTAINS A DEFINITION OF THE TERM ' ' SCIENTIFIC INSTRUMENT ' ' FOR THE PURPOSES OF ARTICLE 3 ( 1 ) OF THE SAID REGULATION . A DEFINITION MUST THEREFORE BE SOUGHT IN THE PURPOSE OF THAT PROVISION , CONSIDERED IN THE LIGHT OF ALL THE PROVISIONS OF , AND THE PREAMBLE TO , REGULATION NO 1798/75 .
9 SINCE , ACCORDING TO THE FIRST RECITAL IN THE PREAMBLE TO THAT REGULATION , IT IS NECESSARY TO ALLOW ' ' BY ALL POSSIBLE MEANS ' ' THE ADMISSION FREE OF CUSTOMS DUTIES OF EDUCATIONAL , SCIENTIFIC AND CULTURAL MATERIALS , THE TERM ' ' SCIENTIFIC INSTRUMENT ' ' IN ARTICLE 3 ( 1 ) OF REGULATION NO 1798/75 CANNOT BE GIVEN A NARROW INTERPRETATION .
10 THAT CONCLUSION IS CONFIRMED BY THE PREAMBLE TO THE FLORENCE AGREEMENT , WHICH IS BASED ON THE IDEA ' ' THAT THE FREE EXCHANGE OF IDEAS AND KNOWLEDGE AND , IN GENERAL , THE WIDEST POSSIBLE DISSEMINATION OF THE DIVERSE FORMS OF SELF-EXPRESSION USED BY CIVILIZATIONS ARE VITALLY IMPORTANT BOTH FOR INTELLECTUAL PROGRESS AND INTERNATIONAL UNDERSTANDING ' ' AND ' ' THAT THIS INTERCHANGE IS ACCOMPLISHED PRIMARILY BY MEANS OF BOOKS , PUBLICATIONS AND EDUCATIONAL , SCIENTIFIC AND CULTURAL MATERIALS ' ' .
11 IN THAT CONTEXT IT IS IMPOSSIBLE TO FIND SUPPORT FOR A NARROW INTERPRETATION IN THE FACT THAT ARTICLE 2 OF REGULATION NO 1798/75 REFERS GENERALLY TO SCIENTIFIC ' ' MATERIALS ' ' LISTED IN ANNEX II , WHEREAS ARTICLE 3 ( 1 ) RELATES TO ' ' SCIENTIFIC INSTRUMENTS AND APPARATUS ' ' NOT INCLUDED IN ARTICLE 2 .
12 ARTICLE 3 IN FACT CONTAINS TWO ADDITIONAL CRITERIA WHICH PERMIT A SUFFICIENTLY PRECISE DEFINITION TO BE GIVEN OF A SCIENTIFIC INSTRUMENT WHICH MAY BE ADMITTED FREE OF CUSTOMS DUTY , NAMELY THAT IT SHOULD BE INTENDED EXCLUSIVELY FOR SCIENTIFIC RESEARCH OR EDUCATION AND THAT IT IS NOT BEING MANUFACTURED IN THE COMMUNITY . IN VIEW OF THOSE TWO CONDITIONS FOR THE GRANT OF EXEMPTION , IT IS INAPPROPRIATE TO INTERPRET THE CONCEPT IN QUESTION IN A MANNER CONTRARY TO THE PURPOSE OF REGULATION NO 1798/75 AS SET OUT ABOVE .
13 MOREOVER , IT SHOULD BE NOTED THAT ARTICLE 3 OF REGULATION NO 1798/75 WAS AMENDED BY REGULATION NO 1027/79 ( OFFICIAL JOURNAL 1979 , L 134 , P . 1 ) AND THAT ARTICLE 3 ( 3 ) AS AMENDED GIVES A GENERAL DEFINITION OF THE TERM ' ' SCIENTIFIC INSTRUMENT OR APPARATUS ' ' , FOLLOWING IN PART THE EXAMPLE SET BY THE COURT IN ITS JUDGMENT OF 2 FEBRUARY 1978 IN CASE 72/77 , UNIVERSITEITSKLINIEK UTRECHT V INSPECTEUR DER INVOERRECHTEN EN ACCIJNZEN , ( 1978 ) ECR 189 .
14 ARTICLE 3 ( 3 ) AS AMENDED IS NOT APPLICABLE IN THIS CASE , SINCE THE FACTS UPON WHICH THE DISPUTE IN THE MAIN ACTION ARE BASED OCCURRED BEFORE