CELEX: 31982D0843
Language: en
Date: 1982-11-30 00:00:00
Title: 82/843/EEC: Commission Decision of 30 November 1982 establishing that the 'Space Optics - Off-Axis Parabolas, model OAP 18-01-08' may not be imported free of Common Customs Tariff duties

Avis juridique important

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31982D0843

82/843/EEC: Commission Decision of 30 November 1982 establishing that the 'Space Optics - Off-Axis Parabolas, model OAP 18-01-08' may not be imported free of Common Customs Tariff duties  

Official Journal L 356 , 17/12/1982 P. 0046 - 0046

*****COMMISSION  DECISION  of 30 November 1982  establishing that the 'Space Optics - Off-Axis Parabolas, model OAP 18-01-08' may not be imported free of Common Customs Tariff duties  (82/843/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 last amended by Regulation (EEC) No 608/82 (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 19 May 1982, the Federal Republic of Germany 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 'Space Optics - Off-Axis Parabolas, model OAP 18-01-08', ordered on 16 October 1980 and to be used for the development of new procedures and techniques in earth-oriented space research, should be considered as 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 22 October 1982, within the framework of the Committee on Duty-Free Arrangements, to examine the matter;  Whereas this examination showed that the 'Space Optics - Off-Axis Parabolas, model OAP 18-01-08' may not be regarded as an instrument or apparatus within the meaning of Article 3 (1) of the aforementioned Regulation (EEC) No 1798/75 but consists in fact of an accessory of an holographic system; whereas the latter must therefore be regarded as 'accessory' within the meaning of Article 3 (2) (a) of the said Regulation; whereas the possibility of granting importation free of duties must therefore be assessed in the light of the provisions of the said Article 3 (2) (a);  Whereas the accessory in question is not suitable for use with an instrument or apparatus imported free of duties or capable of being so imported; whereas, therefore, the conditions for import free of duties are not fulfilled,  HAS ADOPTED THIS DECISION:  Article 1  The 'Space Optics - Off-Axis Parabolas, model OAP 18-01-08', which is the subject of an application by the Federal Republic of Germany of 19 May 1982, may not be imported free of Common Customs Tariff duties.  Article 2  This Decision is addressed to the Member States.  Done at Brussels, 30 November 1982.  For the Commission  Karl-Heinz NARJES  Member of the Commission  (1) OJ No L 184, 15. 7. 1975, p. 1.  (2) OJ No L 74, 18. 3. 1982, p. 4.  (3) OJ No L 318, 13. 12. 1979, p. 32.