CELEX: 31979D0575
Language: en
Date: 1979-06-13 00:00:00
Title: 79/575/EEC: Commission Decision of 13 June 1979 refusing to accept the scientific character of the apparatus described as 'Raytheon-mariner's pathfinder radar system'

Avis juridique important

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31979D0575

79/575/EEC: Commission Decision of 13 June 1979 refusing to accept the scientific character of the apparatus described as 'Raytheon-mariner's pathfinder radar system'  

Official Journal L 156 , 23/06/1979 P. 0033 - 0033 Greek special edition: Chapter 02 Volume 7 P. 0239 

COMMISSION DECISION  of 13 June 1979  refusing to accept the scientific character of the apparatus described as "Raytheon - mariner's pathfinder radar system"  (79/575/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 15 December 1978, the United Kingdom Government 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 "Raytheon - mariner's pathfinder radar system", intended for use in radar simulator courses for Merchant Navy officers, 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 4 (5) of Regulation (EEC) No 3195/75, a group of experts composed of representatives of all the Member States met on 27 April 1979 within the Committee on Duty-Free Arrangements to examine this particular case;  Whereas this examination showed that the apparatus in question is a radar system which does not have the requisite objective characteristics making it specially suited to scientific research ; whereas this apparatus constitutes a special application of an instrument with normal technical characteristics ; whereas moreover it is an apparatus in current use on board sea and river-going vessels as a navigation instrument ; whereas its use in the case in question could not alone confer upon it the character of a scientific apparatus ; whereas it therefore cannot be regarded as a scientific apparatus,  HAS ADOPTED THIS DECISION:    Article 1 The apparatus described as "Raytheon - mariner's pathfinder radar system" is not considered to be a scientific apparatus.   Article 2 This Decision is addressed to the Member States.     Done at Brussels, 13 June 1979.  For the Commission  Étienne DAVIGNON  Member of the Commission  (1)OJ No L 184, 15.7.1975, p. 1. (2)OJ No L 316, 6.12.1975, p. 17.