EQUIVALENT VALUE TO THE SAID MICROSCOPE WHICH GUARANTEE A RESOLUTION OF 70 AA AND CAPABLE OF BEING USED FOR THE SAME PURPOSE HAVE BEEN MANUFACTURED IN THE COMMUNITY , WITHIN THE MEANING OF ARTICLE 3 ( 3 ) OF REGULATION ( EEC ) NO 1798/75 , ONLY SINCE 1 FEBRUARY 1977 ; WHEREAS , WHEN AN ORDER WAS PLACED FOR THE APPARATUS IN APRIL 1976 , IT WAS NOT POSSIBLE AT THAT TIME FOR COMMUNITY MANUFACTURERS TO SUPPLY A MICROSCOPE OF EQUIVALENT SCIENTIFIC VALUE TO THAT OF THE APPARATUS FOR WHICH DUTY-FREE ADMISSION IS REQUESTED ; WHEREAS RELIEF FROM IMPORT DUTY IS THEREFORE JUSTIFIED IN RESPECT OF THE APPARATUS IN QUESTION ; WHEREAS THE GRANT OF SUCH RELIEF MUST HOWEVER BE LIMITED TO CASES WHERE THE ORDER FOR THE APPARATUS WAS PLACED PRIOR TO 1 FEBRUARY 1977 ,
HAS ADOPTED THIS DECISION :
ARTICLE 1
1 . THE APPARATUS DESCRIBED AS ' HITACHI SCANNING ELECTRON MICROSCOPE , MODEL S-550 ' WITH A TRANSMITTED ELECTRON IMAGE DEVICE ( MODEL S-5040 ) AND A SPECIMEN COOLING DEVICE ( MODEL HX-CS 2 ) MUST BE CONSIDERED TO BE A SCIENTIFIC APPARATUS .
2 . THE CONDITIONS REFERRED TO IN ARTICLE 3 ( 1 ) ( B ) OF COUNCIL REGULATION ( EEC ) NO 1798/75 OF 10 JULY 1975 FOR ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES OF THE SCIENTIFIC APPARATUS DESCRIBED IN PARAGRAPH 1 ARE FULFILLED .
ARTICLE 2
THE PROVISIONS OF ARTICLE 1 ( 2 ) ARE APPLICABLE ONLY TO THOSE UNITS OF THE APPARATUS IN QUESTION FOR WHICH AN ORDER WAS PLACED BEFORE 1 FEBRUARY 1977 .
ARTICLE 3
THIS DECISION IS ADDRESSED TO THE MEMBER STATES .
DONE AT BRUSSELS , 21 NOVEMBER 1978 .
FOR THE COMMISSION
ETIENNE DAVIGNON
MEMBER OF THE COMMISSION