CELEX: 31978D0852
Language: en
Date: 1978-10-05 00:00:00
Title: 78/852/EEC: Commission Decision of 5 October 1978 excluding from admission free of Common Customs Tariff duties the scientific apparatus described as 'Packard 2450/645 Tri-Carb Spectrometer' with teletype

Avis juridique important

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31978D0852

78/852/EEC: Commission Decision of 5 October 1978 excluding from admission free of Common Customs Tariff duties the scientific apparatus described as 'Packard 2450/645 Tri-Carb Spectrometer' with teletype  

Official Journal L 293 , 19/10/1978 P. 0031 - 0031 Greek special edition: Chapter 02 Volume 6 P. 0244 

****( 1 ) OJ NO L 184 , 15 . 7 . 1975 , P . 1 .  ( 2 ) OJ NO L 316 , 6 . 12 . 1975 , P . 17 .    COMMISSION DECISION   OF 5 OCTOBER 1978   EXCLUDING FROM ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES THE SCIENTIFIC APPARATUS DESCRIBED AS ' PACKARD 2450/645 TRI-CARB SPECTROMETER '  WITH TELETYPE  ( 78/852/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 27 APRIL 1978 , THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY REQUESTED THE COMMISSION TO INVOKE 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 ' PACKARD 2450/645 TRI-CARB SPECTROMETER '  WITH TELETYPE SHOULD BE CONSIDERED TO BE A SCIENTIFIC APPARATUS , AND WHERE THE REPLY IS IN THE AFFIRMATIVE , WHETHER APPARATUS OF EQUIVALENT SCIENTIFIC VALUE IS CURRENTLY 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 14 SEPTEMBER 1978 WITHIN THE COMMITTEE ON DUTY-FREE ARRANGEMENTS TO EXAMINE THIS PARTICULAR CASE ;   WHEREAS THIS EXAMINATION SHOWS THAT THE APPARATUS IN QUESTION IS A LIQUID SCINTILLATION SPECTROMETER WITH TELETYPE USED FOR RESEARCH WORK IN MEDICINE AND BIOLOGY ; WHEREAS ITS CHARACTERISTICS ALLOW IN PARTICULAR THE MEASUREMENT OF LABELLED RADIOACTIVE SAMPLES IN EXAMINATIONS OF BIOLOGICAL MATERIAL ; WHEREAS THESE CHARACTERISTICS AND THE USE MADE OF THE APPARATUS MAKE IT AN APPARATUS PARTICULARLY SUITED FOR PURE SCIENTIFIC RESEARCH ; WHEREAS THEREFORE IT MUST 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 USE FOR THE SAME PURPOSE , HAS BEEN MANUFACTURED IN THE COMMUNITY , WITHIN THE MEANING OF ARTICLE 3 ( 3 ) OF REGULATION ( EEC ) NO 1798/75 , SINCE JANUARY 1976 ,   HAS ADOPTED THIS DECISION :   ARTICLE 1   1 .  THE APPARATUS DESCRIBED AS ' PACKARD 2450/645 TRI-CARB SPECTROMETER '  WITH TELETYPE MUST BE CONSIDERED TO BE A SCIENTIFIC APPARATUS .   2 .  THE CONDITIONS REFERRED TO IN ARTICLE 3 ( 1 ) ( B ) OF COUNCIL REGULATION ( EEC ) NO 1798/75 OF 10 JULY 1975 FOR 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 , 5 OCTOBER 1978 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION