CELEX: 31980D0205
Language: en
Date: 1980-01-25 00:00:00
Title: 80/205/EEC: Commission Decision of 25 January 1980 establishing that, since 1 November 1977, the conditions required for the admission free of Common Customs Tariff duties of the scientific apparatus described as 'Farrand-Spectrofluorometer MK 1' have not been fulfilled

Avis juridique important

|

31980D0205

80/205/EEC: Commission Decision of 25 January 1980 establishing that, since 1 November 1977, the conditions required for the admission free of Common Customs Tariff duties of the scientific apparatus described as 'Farrand-Spectrofluorometer MK 1' have not been fulfilled  

Official Journal L 046 , 21/02/1980 P. 0034 - 0035 Greek special edition: Chapter 02 Volume 8 P. 0166 

****( 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 25 JANUARY 1980   ESTABLISHING THAT , SINCE 1 NOVEMBER 1977 , THE CONDITIONS REQUIRED FOR THE ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES OF THE SCIENTIFIC APPARATUS DESCRIBED AS  ' FARRAND-SPECTROFLUOROMETER MK 1 '  HAVE NOT BEEN FULFILLED  ( 80/205/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 25 JULY 1979 , THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY REQUESTED THE COMMISSION TO INVOKE THE PROCEDURE AT PRESENT LAID DOWN IN ARTICLE 7 OF REGULATION ( EEC ) NO 2784/79 IN ORDER TO DETERMINE WHETHER OR NOT THE APPARATUS DESCRIBED AS ' FARRAND-SPECTROFLUOROMETER MK 1 '  TO BE USED , IN PARTICULAR , IN THE FRAMEWORK OF THE FOLLOWING RESEARCH :   -  STRUCTURAL ANALYSES OF PROTEINS AND PROTEIN  -  LIPIDE INTERACTION ,   -  MEASUREMENT OF FLUORESCENCE SPECTRA AND FLUORESCENCE DYING-OUT TIME OF ORGANIC MOLECULES AT VARIABLE TEMPERATURES APPROACHING ABSOLUTE ZERO ,   -  MEASUREMENT OF THE TOTAL CONTENT OF ALGAI PIGMENTS IN LIVING ALGAI ,   -  SELECTIVE MEASUREMENT OF INDIVIDUAL PIGMENTS ON THE BASIS OF THE EMISSION SPECTRA ,   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 10 JANUARY 1980 WITHIN THE COMMITTEE ON DUTY-FREE ARRANGEMENTS TO EXAMINE THIS PARTICULAR CASE ;   WHEREAS THIS EXAMINATION SHOWED THAT THE APPARATUS IN QUESTION IS A FLUORESCENCE SPECTROMETER ; WHEREAS ITS OBJECTIVE TECHNICAL CHARACTERISTICS SUCH AS THE SENSIBILITY , THE STABILITY , THE REPRODUCIBILITY AND THE USE TO WHICH IT IS PUT MAKE IT SPECIALLY SUITED TO SCIENTIFIC RESEARCH ; WHEREAS APPARATUS OF THE SAME KIND ARE PRINCIPALLY USED FOR THE REALIZATION OF SCIENTIFIC ACTIVITIES ; WHEREAS IT MUST THEREFORE BE CONSIDERED TO BE A SCIENTIFIC APPARATUS ;   WHEREAS , 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 , SINCE 1 NOVEMBER 1977 , TO THE APPARATUS ' JY 3 CI '  MANUFACTURED BY THE FIRM JOBIN YVON , 16-18 , RUE DU CANAL , F-91160 LONGJUMEAU ;   WHEREAS THE SPECTROMETER IN QUESTION WAS THE SUBJECT OF THREE ORDERS , MADE RESPECTIVELY ON 18 MAY 1976 , 20 APRIL AND 20 SEPTEMBER 1977 ; WHEREAS IT WAS NOT POSSIBLE AT THAT TIME FOR COMMUNITY MANUFACTURERS TO SUPPLY A SPECTROMETER OF EQUIVALENT SCIENTIFIC VALUE TO THAT FOR WHICH DUTY-FREE ADMISSION IS REQUESTED ; WHEREAS RELIEF FROM IMPORT DUTY IS THEREFORE JUSTIFIED IN RESPECT OF THE APPARATUS IN QUESTION ; WHEREAS THE GRANTING OF SUCH RELIEF MUST , HOWEVER , BE LIMITED TO CASES WHERE THE ORDER FOR THE APPARATUS WAS PLACED   PRIOR TO 1 NOVEMBER 1977 ,   HAS ADOPTED THIS DECISION :   ARTICLE 1   1 .  THE APPARATUS DESCRIBED AS ' FARRAND-SPECTROFLUOROMETER MK 1 '  IS CONSIDERED TO BE A SCIENTIFIC APPARATUS .   2 .  THE CONDITIONS REQUIRED FOR THE ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES OF THE SCIENTIFIC APPARATUS DESCRIBED IN PARAGRAPH 1 ARE NOT FULFILLED . APPARATUS ORDERED PRIOR TO 1 NOVEMBER 1977 MAY , HOWEVER , BE IMPORTED FREE OF COMMON CUSTOMS TARIFF DUTIES .   ARTICLE 2   THIS DECISION IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 25 JANUARY 1980 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION