IS UNDOUBTEDLY INTENDED FOR SCIENTIFIC RESEARCH SINCE IT IS ' TYPICALLY CONSTRUCTED FOR THE RECEPTION AND PROCESSING OF BIOLOGICAL SIGNALS IN RESEARCH LABORATORIES ' AND SINCE THE USE OF THAT COMPUTER IN OTHER AREAS WOULD BE UNECONOMIC .
9 IT MUST BE REMEMBERED THAT ACCORDING TO ARTICLE 3 ( 1 ) AND ( 3 ) OF REGULATION NO 1798/75 OF THE COUNCIL , AS AMENDED BY COUNCIL REGULATION NO 1027/79 , SCIENTIFIC INSTRUMENTS AND APPARATUS IMPORTED EXCLUSIVELY FOR NON-COMMERCIAL PURPOSES MAY BE ADMITTED FREE OF COMMON CUSTOMS TARIFF DUTIES PROVIDED THAT , BY REASON OF THEIR OBJECTIVE TECHNICAL CHARACTERISTICS AND THE RESULTS WHICH THEY MAKE IT POSSIBLE TO OBTAIN , THEY ARE MAINLY OR EXCLUSIVELY SUITED TO SCIENTIFIC ACTIVITIES .
10 THOSE PROVISIONS HAVE BEEN SUPPLEMENTED BY ARTICLE 5 ( 1 ) OF COMMISSION REGULATION NO 2784/79 , IMPLEMENTING REGULATION NO 1798/85 , WHICH PROVIDES THAT ' THE ' ' OBJECTIVE TECHNICAL CHARACTERISTICS ' ' OF A SCIENTIFIC INSTRUMENT OR APPARATUS SHALL BE UNDERSTOOD TO MEAN 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 ' .
11 THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ) OF THE SAME REGULATION PROVIDES THAT ' WHERE IT IS NOT POSSIBLE TO ESTABLISH CLEARLY ON THE BASIS OF ITS OBJECTIVE TECHNICAL CHARACTERISTICS WHETHER AN INSTRUMENT OR APPARATUS IS TO BE REGARDED AS A SCIENTIFIC INSTRUMENT OR APPARATUS , REFERENCE SHALL BE MADE TO THE GENERAL USES IN THE COMMUNITY OF INSTRUMENTS OR APPARATUS OF THE TYPE FOR WHICH DUTY-FREE ADMISSION IS REQUESTED ' .
12 IT IS APPARENT FROM THOSE PROVISIONS , TAKEN TOGETHER , THAT THE COMMISSION IS UNDER AN OBLIGATION TO SCRUTINIZE THE OBJECTIVE TECHNICAL CHARACTERISTICS OF THE APPARATUS IN QUESTION IN ORDER TO DETERMINE WHETHER OR NOT IT IS OF A SCIENTIFIC NATURE . ONLY IF IT PROVES IMPOSSIBLE TO DRAW UNEQUIVOCAL CONCLUSIONS FROM THAT EXAMINATION MUST REFERENCE BE MADE TO THE GENERAL USES IN THE COMMUNITY OF APPARATUS OF THE SAME TYPE .
13 IT IS CLEAR FROM THE PREAMBLE TO COMMISSION DECISION 82/549 THAT , HAVING ESTABLISHED THAT THE APPARATUS IN QUESTION CONSTITUTED A DATA ACQUISITION SYSTEM , THE COMMISSION CONSIDERED THAT IT DID NOT DISPLAY THE OBJECTIVE CHARACTERISTICS MAKING IT SPECIFICALLY SUITED TO SCIENTIFIC RESEARCH .
14 WHEN , IN THE COURSE OF THE PROCEEDINGS BEFORE THE COURT , THE COMMISSION WAS REQUESTED TO EXPLAIN ITS PRECISE REASONS FOR COMING TO THAT CONCLUSION , IT STATED IN PARTICULAR THAT A COMPUTER CAN BE REGARDED AS A SCIENTIFIC INSTRUMENT ONLY IF IT IS CONNECTED TO AN APPARATUS WHICH IS INTENDED FOR A SCIENTIFIC PURPOSE AND IS PROGRAMMED EXCLUSIVELY TO OPERATE THAT APPARATUS . IF THAT IS NOT THE CASE , A COMPUTER CANNOT , IN VIEW OF THE DIVERSITY OF ITS FUNCTIONS , BE REGARDED AS AN APPARATUS SPECIFICALLY SUITED TO SCIENTIFIC RESEARCH .
15 IT IS CLEAR FROM