79/672/EEC: Commission Decision of 13 July 1979 excluding from admission free of Common Customs Tariff duties the scientific apparatus described as 'Ohio nuclear delta scan 50 slow'
Official Journal L 199 , 07/08/1979 P. 0037 - 0037
Greek special edition: Chapter 02 Volume 7 P. 0257
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( 1 ) OJ NO L 184 , 15 . 7 . 1975 , P . 1 .
( 2 ) OJ NO L 316 , 6 . 12 . 1975 , P . 17 .
COMMISSION DECISION
OF 13 JULY 1979
EXCLUDING FROM ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES THE SCIENTIFIC APPARATUS DESCRIBED AS ' OHIO NUCLEAR DELTA SCAN 50 SLOW '
( 79/672/EEC )
THE COMMISSION OF THE EUROPEAN
COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1798/75 OF 10 JULY 1975 ON THE IMPORTATION FREE OF COMMON CUSTOMS TARIFF DUTIES OF EDUCATIONAL , SCIENTIFIC AND CULTURAL MATERIALS ( 1 ),
HAVING REGARD TO COMMISSION REGULATION ( EEC ) NO 3195/75 OF 2 DECEMBER 1975 LAYING DOWN PROVISIONS FOR THE IMPLEMENTATION OF REGULATION ( EEC ) NO 1798/75 ( 2 ), AND IN PARTICULAR ARTICLES 4 AND 5 THEREOF ,
WHEREAS , BY LETTER DATED 8 JANUARY 1979 , THE GERMAN GOVERNMENT REQUESTED THE COMMISSION TO INITIATE THE PROCEDURE LAID DOWN IN ARTICLES 4 AND 5 OF REGULATION ( EEC ) NO 3195/75 IN ORDER TO DETERMINE WHETHER OR NOT THE APPARATUS DESCRIBED AS ' OHIO NUCLEAR DELTA SCAN 50 SLOW ' , INTENDED FOR USE IN RESEARCH ON CHEMICAL AND DIAGNOSTIC RESEARCH AND RADIOTHERAPY PLANNING AND , IN PARTICULAR , FOR COMPARATIVE TESTS IN RESPECT OF EPIGASTRIC DIAGNOSES - TOMODENSITOMETRY , TOMOGRAPHY , ULTRASONIC DIAGNOSES , SELECTIVE ANGIOGRAPHY AND NUCLEAR MEDICINE METHODS - 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 ;
WHEREAS , IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 4 ( 5 ) OF REGULATION ( EEC ) NO 3195/75 , A GROUP OF EXPERTS COMPOSED OF REPRESENTATIVES OF ALL THE MEMBER STATES MET ON 28 MAY 1979 WITHIN THE COMMITTEE ON DUTY-FREE ARRANGEMENTS TO EXAMINE THIS PARTICULAR CASE ;
WHEREAS THIS EXAMINATION SHOWED THAT THE APPARATUS IN QUESTION IS A COMPUTER DENSITOMETER ; WHEREAS ITS OBJECTIVE TECHNICAL CHARACTERISTICS WHICH RENDER POSSIBLE A HIGH NUMBER OF STRATIGRAPHIC DIAGNOSES BY MEANS OF SIMPLE PROCEDURES AND THE USE TO WHICH IT IS PUT MAKE IT SPECIALLY SUITED TO SCIENTIFIC RESEARCH ; WHEREAS IT MUST THEREFORE BE CONSIDERED TO BE A SCIENTIFIC APPARATUS ;
WHEREAS , HOWEVER , ON THE BASIS OF INFORMATION RECEIVED FROM MEMBER STATES , APPARATUSES 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 , TO THE APPARATUS ' CT 5005 ' , MANUFACTURED BY EMI