CELEX: 31980D0839
Language: en
Date: 1980-08-01 00:00:00
Title: 80/839/EEC: Commission Decision of 1 August 1980 finding that the conditions required for the admission of Common Customs Tariff duties of the scientific apparatus described as 'Nicolet-Fourier Transform Infra-red System, model 7199' are not fulfilled

Avis juridique important

|

31980D0839

80/839/EEC: Commission Decision of 1 August 1980 finding that the conditions required for the admission of Common Customs Tariff duties of the scientific apparatus described as 'Nicolet-Fourier Transform Infra-red System, model 7199' are not fulfilled  

Official Journal L 245 , 17/09/1980 P. 0017 - 0017

****( 1 ) OJ NO L 184 , 15 . 7 . 1975 , P . 1 .  ( 2 ) OJ NO L 134 , 31 . 5 . 1979 , P . 1 .  ( 3 ) OJ NO L 318 , 13 . 12 . 1979 , P . 32 .    COMMISSION DECISION   OF 1 AUGUST 1980   FINDING THAT THE CONDITIONS REQUIRED FOR THE ADMISSION OF COMMON CUSTOMS TARIFF DUTIES OF THE SCIENTIFIC APPARATUS DESCRIBED AS ' NICOLET-FOURIER TRANSFORM INFRA-RED SYSTEM , MODEL 7199 '  ARE NOT FULFILLED  ( 80/839/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 ), AS AMENDED BY REGULATION ( EEC ) NO 1027/79 ( 2 ),   HAVING REGARD TO COMMISSION REGULATION ( EEC ) NO 2784/79 OF 12 DECEMBER 1979 LAYING DOWN PROVISIONS FOR THE IMPLEMENTATION OF REGULATION ( EEC ) NO 1798/75 ( 3 ), AND IN PARTICULAR ARTICLE 7 THEREOF ,   WHEREAS , BY LETTER DATED 18 MARCH 1980 , THE BRITISH GOVERNMENT HAS REQUESTED THE COMMISSION TO INVOKE THE PROCEDURE PROVIDED FOR IN ARTICLE 7 OF REGULATION ( EEC ) NO 2784/79 IN ORDER TO DETERMINE WHETHER OR NOT THE APPARATUS DESCRIBED AS ' NICOLET-FOURIER TRANSFORM INFRA-RED SYSTEM , MODEL 7199 ' , TO BE USED FOR HIGH RESOLUTION INFRA-RED RESEARCH AND , IN PARTICULAR , FOR PROVIDING VERY HIGH QUALITY INFRA-RED SPECTRA AND FOR RESEARCH INTO HIGH-RESOLUTION INFRA-RED EMISSION AND ABSORPTION SPECTRA OF TRANSIENT MOLECULES AND RADICALS OF ATMOSPHERIC OR CHEMICAL INTEREST , 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 7 ( 5 ) OF REGULATION ( EEC ) NO 2784/79 , A GROUP OF EXPERTS COMPOSED OF REPRESENTATIVES OF ALL THE MEMBER STATES MET ON 9 JULY 1980 WITHIN THE FRAMEWORK OF THE COMMITTEE ON DUTY-FREE ARRANGEMENTS TO EXAMINE THE MATTER ;   WHEREAS THIS EXAMINATION SHOWED THAT THE APPARATUS IN QUESTION IS A FOURIER TRANSFORM INFRA-RED SYSTEM ;   WHEREAS ITS OBJECTIVE TECHNICAL CHARACTERISTICS SUCH AS THE HIGH DEGREE OF THE RESOLUTION , AND THE USE TO WHICH IT IS PUT MAKE IT SPECIALLY SUITED TO SCIENTIFIC RESEARCH ; WHEREAS , MOREOVER , APPARATUS OF THE SAME KIND ARE PRINCIPALLY USED FOR SCIENTIFIC ACTIVITIES ; WHEREAS IT MUST THEREFORE BE CONSIDERED TO BE A SCIENTIFIC APPARATUS ;   WHEREAS , HOWEVER , ON THE BASIS OF INFORMATION RECEIVED FROM MEMBER STATES , APPARATUS 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 ' IFS 113 '  MANUFACTURED BY BRUKER-PHYSIK AG , SILBERSTREIFEN , 7512 KARLSRUHE-RHEINSTETTEN , WEST GERMANY ,   HAS ADOPTED THIS DECISION :   ARTICLE 1   1 .  THE APPARATUS DESCRIBED AS ' NICOLET-FOURIER TRANSFORM INFRA-RED SYSTEM , MODEL 7199 '  IS CONSIDERED TO BE A SCIENTIFIC APPARATUS .   2 .  HOWEVER , THE CONDITIONS REQUIRED FOR THE ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES OF THE SCIENTIFIC APPARATUS DESCRIBED IN PARAGRAPH 1 ARE NOT FULFILLED .   ARTICLE 2   THIS DECISION IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 1 AUGUST 1980 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION