CHARACTERISTICS OF AN APPARATUS SPECIFICALLY SUITED TO SCIENTIFIC RESEARCH .
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 1798/75 , 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 NO 80/716 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 THOSE OBSERVATIONS THAT THE COMMISSION DID NOT EXAMINE THE OBJECTIVE TECHNICAL CHARACTERISTICS OF THE APPARATUS IN QUESTION AS REQUIRED BY THE RELEVANT COMMUNITY LEGISLATION AND MERELY APPLIED IN THIS