THE COMMUNITY INSTRUMENTS MANUFACTURED AT THE RELEVANT TIME, POINTS OUT THAT, ACCORDING TO ARTICLE 5 ( 2 ) OF REGULATION NO 2784/79, NEITHER THE FACT THAT AN INSTRUMENT IS CAPABLE OF A PERFORMANCE SUPERIOR TO THAT REQUIRED NOR ITS COMMERCIAL VALUE IS TO BE TAKEN INTO ACCOUNT IN ESTABLISHING THE EQUIVALENCE OF THE SCIENTIFIC VALUE OF THE INSTRUMENTS IN QUESTION . THE NATIONAL COURT NEVERTHELESS INCLINES TOWARDS THE VIEW THAT THE EQUIVALENCE OF SCIENTIFIC VALUE DEPENDS INTER ALIA ON THE PROPORTIONALITY OF THE MEANS EMPLOYED TO THE AIMS PURSUED . IT WOULD BE SCIENTIFICALLY ILLOGICAL TO RESOLVE PROBLEMS USING INAPPROPRIATE MEANS . IN PRINCIPLE, IT IS ONLY REASONABLE TO EXPECT THAT THE MEANS USED WOULD BE APPROPRIATE TO THE RESEARCH PROJECT .
8 IT IS APPARENT FROM THAT STATEMENT OF REASONS THAT, ESSENTIALLY, THE OBJECT OF THE QUESTION SUBMITTED BY THE NATIONAL COURT IS TO DETERMINE WHETHER, FOR THE PURPOSE OF GRANTING EXEMPTION, THE MERE FACT THAT AN INSTRUMENT OR APPARATUS MANUFACTURED IN THE COMMUNITY IS ABLE TO ACHIEVE PERFORMANCES FAR SUPERIOR TO THOSE WHICH ARE NECESSARY FOR THE RESEARCH PROJECT ENVISAGED PREVENTS IT FROM BEING CONSIDERED "OF EQUIVALENT SCIENTIFIC VALUE ".
9 ACCORDING TO ARTICLE 4 ( 2 ) OF REGULATION NO 1798/75, AS AMENDED BY REGULATION NO 1027/79, "THE GRANTING OF DUTY-FREE ADMISSION SHALL BE CONDITIONAL UPON ITS BEING ESTABLISHED, UNDER THE CONDITIONS LAID DOWN BY IMPLEMENTING PROVISIONS ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 9, THAT INSTRUMENTS OR APPARATUS OF EQUIVALENT SCIENTIFIC VALUE TO THOSE INSTRUMENTS OR APPARATUS IN RESPECT OF WHICH DUTY-FREE ADMISSION IS REQUESTED ... ARE NOT BEING MANUFACTURED IN THE COMMUNITY ".
10 THE IMPLEMENTING PROVISIONS WERE ADOPTED BY REGULATION NO 2784/79 . ARTICLE 5 ( 2 ) THEREOF PROVIDES THAT ACCOUNT MAY BE TAKEN ONLY OF "SUCH TECHNICAL CHARACTERISTICS AS HAVE A DECISIVE INFLUENCE ON THE OUTCOME OF THE SPECIFIC WORK PLANNED ". THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 2 ) GOES ON TO SAY THAT, IN PARTICULAR, ACCOUNT IS NOT TO BE TAKEN OF "THE FACT THAT AN INSTRUMENT OR APPARATUS IS ABLE TO ACHIEVE PERFORMANCES SUPERIOR TO THOSE WHICH ARE NECESSARY FOR A PROPER EXECUTION OF THE SPECIFIC WORK TO BE CARRIED OUT ".
11 THOSE PROVISIONS MUST BE INTERPRETED IN THE LIGHT OF THE OBJECTIVES OF THE COMMUNITY LEGISLATION CONCERNED . ACCORDING TO THE PREAMBLE TO REGULATION NO 1798/75, DUTY-FREE ADMISSION OF SCIENTIFIC INSTRUMENTS AND APPARATUS SERVES IN PARTICULAR TO FACILITATE SCIENTIFIC RESEARCH WITHIN THE COMMUNITY, WHEREAS THE PURPOSE OF THE CONDITION AT ISSUE HERE IS TO ENSURE THAT THE POSSIBILITIES OF MANUFACTURE BY COMMUNITY INDUSTRY ARE TAKEN INTO ACCOUNT . IT IS THEREFORE NECESSARY TO BALANCE THE NEEDS OF COMMUNITY SCIENTIFIC RESEARCH AGAINST THE POSSIBILITIES OF DEVELOPMENT OF THE COMMUNITY INDUSTRY IN THE SECTOR OF SCIENTIFIC INSTRUMENTS AND APPARATUS .
12 IN THAT CONNECTION, IT MUST BE EMPHASIZED, AS THE COMMISSION HAS DONE IN ITS OBSERVATIONS SUBMITTED TO THE COURT, THAT THE RULES IN QUESTION DO NOT IMPOSE ANY OBLIGATION UPON RESEARCH INSTITUTES TO CHOOSE