RESEARCH ' ' SHALL MEAN RESEARCH CARRIED OUT FOR NON-COMMERCIAL PURPOSES ' .
16 THE EFFECT OF COUNCIL REGULATION NO 1027/79 , AMENDING REGULATION NO 1798/75 , IS THAT THE WORDS ' FOR EDUCATIONAL PURPOSES OR FOR PURE SCIENTIFIC RESEARCH ' IN THE INTRODUCTORY PASSAGE TO ARTICLE 3 ( 1 ) WERE REPLACED BY THE WORDS ' FOR NON-COMMERCIAL PURPOSES ' .
17 MOREOVER , THE FIRST INDENT OF ARTICLE 3 ( 3 ) OF REGULATION NO 1798/75 , IN THE FORM GIVEN TO IT BY REGULATION NO 1027/79 , INTRODUCED THE FOLLOWING DEFINITION OF A SCIENTIFIC INSTRUMENT OR APPARATUS WHICH WAS NOT TO BE FOUND IN THE ORIGINAL VERSION OF THAT REGULATION :
' ( 3)FOR THE PURPOSES OF THIS ARTICLE :
' ' A SCIENTIFIC INSTRUMENT OR APPARATUS ' ' SHALL MEAN ANY INSTRUMENT OR APPARATUS WHICH BY REASON OF ITS OBJECTIVE TECHNICAL CHARACTERISTICS AND THE RESULTS WHICH IT MAKES IT POSSIBLE TO OBTAIN IS MAINLY OR EXCLUSIVELY SUITED TO SCIENTIFIC ACTIVITIES . '
18 FOR THE IMPLEMENTATION OF REGULATION NO 1027/79 , THE COMMISSION ADOPTED , PURSUANT TO ARTICLE 9 ( 1 ) OF REGULATION NO 1798/75 , ADOPTED REGULATION NO 2784/79 , ARTICLE 5 OF WHICH DEFINES THE CONCEPT OF ' OBJECTIVE TECHNICAL CHARACTERISTICS ' , INTRODUCED BY REGULATION NO 1027/79 , AS FOLLOWS :
' THOSE CHARACTERISTICS RESULTING FROM THE CONSTRUCTION OF THAT INSTRUMENT OR APPARATUS OR FROM ADJUSTMENTS TO A STANDARD INSTRUMENT OR APPARATUS WHICH MAKE IT POSSIBLE TO OBTAIN HIGH-LEVEL PERFORMANCES ABOVE THOSE NORMALLY REQUIRED FOR INDUSTRIAL OR COMMERCIAL USE . '
SUBSIDIARILY , REFERENCE IS TO BE MADE , ACCORDING TO THE SAME PARAGRAPH ,
' . . .
TO THE GENERAL USES IN THE COMMUNITY OF INSTRUMENTS OR APPARATUS OF THE TYPE FOR WHICH DUTY-FREE ADMISSION IS REQUESTED . IF THIS EXAMINATION SHOWS THAT THE INSTRUMENT OR APPARATUS IN QUESTION IS USED MAINLY FOR SCIENTIFIC PURPOSES , IT SHALL BE DEEMED TO BE OF A SCIENTIFIC NATURE .
RETROACTIVE APPLICATION OF PROVISIONS OF COMMUNITY LAW
19 BEFORE REPLYING TO THE QUESTIONS SUBMITTED BY THE NATIONAL COURT , IT MAY BE OBSERVED THAT THE QUESTIONS RAISE THE GENERAL ISSUE OF WHETHER A PROVISION OF COMMUNITY LAW MAY BE RELEVANT TO THE INTERPRETATION OF ANOTHER PROVISION ADOPTED EARLIER , WITH REGARD TO FACTS WHICH AROSE WHEN THE EARLIER PROVISION WAS IN FORCE .
20 IN THAT CONNECTION , IT MAY BE RECALLED THAT THE COURT HAS REPEATEDLY HELD THAT THE PRINCIPLE OF LEGAL CERTAINTY REQUIRES THAT A REGULATION SHOULD NOT BE APPLIED RETROACTIVELY , REGARDLESS OF WHETHER SUCH AN APPLICATION MIGHT PRODUCE FAVOURABLE OR UNFAVOURABLE EFFECTS FOR THE PERSON CONCERNED , UNLESS A SUFFICIENTLY CLEAR INDICATION CAN BE FOUND , EITHER IN THE TERMS OF THE REGULATION OR IN ITS STATED OBJECTIVES , WHICH ALLOWS THE CONCLUSION TO BE DRAWN THAT THE REGULATION WAS NOT MERELY PROVIDING FOR THE FUTURE .
21 HOWEVER , THE QUESTIONS SUBMITTED IN THIS CASE MAY BE UNDERSTOOD AS MEANING THAT THE NATIONAL COURT WISHES THE COURT OF