AND FOR ' ' INSTRUCTION OF STUDENTS READING APPLIED PHYSICS AND , SUBSIDIARILY , PURE PHYSICS ' ' .
4 IN ITS APPLICATION THE INSTITUTE ALSO STATED THAT COMPARATIVE STUDIES HAD BEEN CARRIED OUT IN THE RESEARCH LABORATORIES OF PHILIPS NEDERLAND BV IN EINDHOVEN AND OF JEOL LTD IN LONDON , WHICH HAD DEMONSTRATED THE ' ' CLEAR SUPERIORITY ' ' OF THE JEOL JEM-200 CX COMPARED WITH THE PHILIPS EM 400 . THAT SUPERIORITY WAS LARGELY DUE TO THE ACCELERATION CAPACITY , 200 KV IN THE CASE OF THE JEM-200 CX AS AGAINST 120 KV IN THE CASE OF THE EM 400 . PHILIPS HAD INFORMED IT THAT IT WAS UNABLE TO SUPPLY AN EM 400 PRODUCING 200 KV . AS A RESULT THE INSTITUTE CONSIDERED THAT FOR THE FIELD OF APPLICATION ENVISAGED THERE WAS ONLY ONE POSSIBLE CHOICE , THE JEM-200 CX .
5 IN REFUSING EXEMPTION THE INSPECTOR RELIED ON COMMISSION DECISION 80/772 OF 18 JULY 1980 ( OFFICIAL JOURNAL 1980 , L 221 , P . 20 ) ADOPTED AT THE REQUEST OF THE FRENCH GOVERNMENT IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 7 OF COMMISSION REGULATION NO 2784/79 OF 12 DECEMBER 1979 ( OFFICIAL JOURNAL 1979 , L 318 , P . 32 ). THAT REGULATION CONTAINS PROVISIONS FOR THE IMPLEMENTATION OF COUNCIL REGULATION NO 1798/75 OF 10 JULY 1975 ON THE IMPORTATION FREE OF COMMON CUSTOMS TARIFF DUTIES OF EDUCATIONAL , SCIENTIFIC AND CULTURAL MATERIALS ( OFFICIAL JOURNAL 1975 , L 184 , P . 1 ), AMENDED BY REGULATION NO 1027/79 ( OFFICIAL JOURNAL 1979 , L 134 , P . 1 ).
6 IN THAT DECISION , WHICH CONCERNED THE USE OF THE JEM-200 CX APPARATUS FOR THE STUDY OF METALS AND ALLOYS , THE COMMISSION FOUND THAT APPARATUSES OF EQUIVALENT SCIENTIFIC VALUE , WHICH COULD BE USED FOR THE SAME PURPOSES , WERE CURRENTLY BEING MANUFACTURED IN THE COMMUNITY ; THAT WAS TRUE IN PARTICULAR OF THE APPARATUS EM 400 MANUFACTURED BY SA PHILIPS INDUSTRIELLE ET COMMERCIALE ( FRANCE ). IT THEREFORE FOUND THAT THE CONDITIONS REQUIRED FOR THE ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES OF THE APPARATUS IN QUESTION WERE NOT FULFILLED .
7 AFTER AN ACTION HAD BEEN BROUGHT BEFORE THE TARIEFCOMMISSIE , HOWEVER , THE NETHERLANDS GOVERNMENT ASKED THE COMMISSION TO INITIATE ONCE MORE THE PROCEDURE PROVIDED FOR IN ARTICLE 7 OF REGULATION NO 2784/79 IN ORDER TO DETERMINE WHETHER OR NOT THE SAID APPARATUS , ' ' TO BE USED FOR MICROSTRUCTURAL RESEARCH OF THE TRANSFORMATION AND DEFORMATION OF METALLIC MATERIALS , SHOULD BE CONSIDERED TO BE A SCIENTIFIC APPARATUS AND , WHERE THE REPLY IS IN THE AFFIRMATIVE , WHETHER APPARATUS OF EQUIVALENT SCIENTIFIC VALUE IS CURRENTLY BEING MANUFACTURED IN THE COMMUNITY ' ' .
8 IN THE CONTESTED DECISION , ADOPTED IN REPLY TO THAT REQUEST , THE COMMISSION HELD THAT THE JEM-200 CX APPARATUS COULD NOT BE IMPORTED FREE OF COMMON CUSTOMS TARIFF DUTIES . THE LAST RECITAL IN THE PREAMBLE