SUITED TO SCIENTIFIC RESEARCH ; WHEREAS APPARATUS OF THE SAME KIND ARE PRINCIPALLY USED FOR THE REALIZATION OF SCIENTIFIC ACTIVITIES ; WHEREAS IT MUST THEREFORE BE CONSIDEREED TO BE A SCIENTIFIC APPARATUS ;
WHEREAS , ON THE BASIS OF INFORMATION RECEIVED FROM MEMBER STATES , APPARATUS OF SCIENTIFIC VALUE EQUIVALENT TO THE SAID APPARATUS , CAPABLE OF BEING USED FOR THE SAME PURPOSES , ARE CURRENTLY BEING MANUFACTURED IN THE COMMUNITY ; WHEREAS THIS APPLIES , IN PARTICULAR , SINCE 1 JULY 1978 , TO THE ' WP 100 ' APPARATUS MANUFACTURED BY THE FIRM BRUKER SPECTROSPIN , 34 , RUE DE L ' INDUSTRIE , WISSEMBOURG ;
WHEREAS THE ABOVEMENTIONED SPECTROMETER WAS ORDERED ON 19 APRIL 1977 ; WHEREAS IT WAS NOT POSSIBLE AT THAT TIME FOR COMMUNITY MANUFACTURERS TO SUPPLY AN APPARATUS OF EQUIVALENT SCIENTIFIC VALUE TO THAT FOR WHICH DUTY-FREE ADMISSION IS REQUESTED ; WHEREAS RELIEF FROM IMPORT DUTY IS THEREFORE JUSTIFIED IN RESPECT OF THE APPARATUS IN QUESTION ; WHEREAS THE GRANTING OF SUCH RELIEF MUST , HOWEVER , BE LIMITED TO CASES WHERE THE ORDER FOR THE APPARATUS WAS PLACED PRIOR TO 1 JULY 1978 ,
HAS ADOPTED THIS DECISION :
ARTICLE 1
1 . THE APPARATUS DESCRIBED AS ' VARIAN-NUCLEAR MAGNETIC RESONANCE SPECTROMETER , MODEL XL 100 ' , IS CONSIDERED TO BE A SCIENTIFIC APPARATUS .
2 . THE CONDITIONS REQUIRED FOR THE ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES OF THE SCIENTIFIC APPARATUS DESCRIBED IN PARAGRAPH 1 ARE NOT FULFILLED . APPARATUS ORDERED PRIOR TO 1 JULY 1978 MAY , HOWEVER , BE IMPORTED FREE OF COMMON CUSTOMS TARIFF DUTIES .
ARTICLE 2
THIS DECISION IS ADDRESSED TO THE MEMBER STATES .
DONE AT BRUSSELS , 18 FEBRUARY 1980 .
FOR THE COMMISSION
ETIENNE DAVIGNON
MEMBER OF THE COMMISSION