USES CANNOT BE IMPORTED FREE OF CUSTOMS DUTY .
12 WITH REGARD TO THE SECOND QUESTION , THE COMMISSION CONSIDERS THAT THE IDEA WHICH UNDERLIES THE DEFINITION OF THE TERM ' OBJECTIVE TECHNICAL CHARACTERISTICS ' GIVEN BY ARTICLE 5 OF REGULATION NO 2784/79 IS ALSO RELEVANT TO THE INTERPRETATION OF ARTICLE 3 ( 1 ) OF REGULATION NO 1798/75 IN ITS UNAMENDED VERSION , THE MORE SO BECAUSE SUCH A DEFINITION CORRESPONDS TO THE LEGAL PRACTICE IN MOST OF THE STATES WHICH ARE PARTIES TO THE FLORENCE AGREEMENT . NO ACCOUNT MAY BE TAKEN FOR THAT PURPOSE OF CHARACTERISTICS OTHER THAN THOSE WHICH RESULT FROM THE ACTUAL CONSTRUCTION OF THE INSTRUMENT OR APPARATUS . THOSE CHARACTERISTICS MUST MAKE IT POSSIBLE TO OBTAIN HIGH-LEVEL PERFORMANCES ABOVE THOSE NORMALLY REQUIRED FOR INDUSTRIAL OR COMMERCIAL USE . ALTERNATIVELY , THOSE CHARACTERISTICS MUST EXIST WITH REFERENCE TO THE PURPOSE FOR WHICH THE INSTRUMENT OR APPARATUS IS TO BE MAINLY USED . ON THE OTHER HAND , THE ADAPTABILITY OF THE APPARATUS IS NOT IN ITSELF SUFFICIENT TO ESTABLISH ITS SCIENTIFIC NATURE .
13 WITH REGARD TO THE THIRD QUESTION , THE COMMISSION CONSIDERS THAT THE TERM ' SCIENTIFIC ACTIVITIES ' IN THE FIRST INDENT OF ARTICLE 3 ( 3 ) OF REGULATION NO 1798/75 , IN THE VERSION IN FORCE SINCE 1 JANUARY 1980 , IS BROADER THAN THE TERM ' PURE SCIENTIFIC RESEARCH ' AND MUST BE INTERPRETED AS MEANING ACTIVITIES INTENDED TO FURTHER THE ACQUISITION , DEVELOPMENT , EXPOSITION OR DISSEMINATION OF SCIENTIFIC KNOWLEDGE AND PRESUPPOSING THE POSSIBILITY OF OBTAINING HIGH-LEVEL PERFORMANCES IN TERMS OF PRECISION AND COMPREHENSIVE , IN-DEPTH TREATMENT OF THE SUBJECT-MATTER . ON THE OTHER HAND , THE QUESTION WHETHER THOSE ACTIVITIES REQUIRE SCIENTIFIC KNOWLEDGE OR INVOLVE THE APPLICATION OF SCIENTIFIC METHODS IS NOT DECISIVE .
14 THE COMMISSION CONSIDERS THAT IN VIEW OF THE ANSWERS IT HAS SUGGESTED TO THE FIRST THREE QUESTIONS IT IS UNNECESSARY TO GIVE A SEPARATE ANSWER TO THE FOURTH QUESTION .
THE LEGAL PROVISIONS RELEVANT TO THE CASE
15 ARTICLE 3 ( 1 ) OF REGULATION NO 1798/75 OF THE COUNCIL , IN ITS ORIGINAL VERSION , WAS WORDED AS FOLLOWS :
' ( 1 ) SCIENTIFIC INSTRUMENTS AND APPARATUS NOT INCLUDED IN ARTICLE 2 IMPORTED EXCLUSIVELY FOR EDUCATIONAL PURPOSES OR FOR PURE SCIENTIFIC RESEARCH MAY BE ADMITTED FREE OF COMMON CUSTOMS TARIFF DUTIES PROVIDED :
( A ) THEY ARE INTENDED FOR :
EITHER PUBLIC ESTABLISHMENTS PRINCIPALLY ENGAGED IN EDUCATION OR SCIENTIFIC RESEARCH , INCLUDING THOSE DEPARTMENTS OF PUBLIC ESTABLISHMENTS WHICH ARE PRINCIPALLY ENGAGED IN EDUCATION OR SCIENTIFIC RESEARCH ;
OR PRIVATE SCIENTIFIC OR EDUCATIONAL ESTABLISHMENTS AUTHORIZED BY THE COMPETENT AUTHORITIES OF THE MEMBER STATES TO RECEIVE SUCH ARTICLES DUTY-FREE
AND PROVIDED
( B)INSTRUMENTS OR APPARATUS OF EQUIVALENT SCIENTIFIC VALUE ARE NOT BEING MANUFACTURED IN THE COMMUNITY . '
THE FIRST INDENT OF ARTICLE 3 ( 3 ) OF REGULATION NO 1798/75 , IN ITS ORIGINAL VERSION , PROVIDED THAT FOR THE PURPOSES OF THAT ARTICLE :
' ' ' PURE SCIENTIFIC