80/477/EEC: Commission Decision of 14 April 1980 finding that the apparatus described as 'Ampex-multiband instrumentation recorder, model FR-3020', is not a scientific apparatus and that Decisions 76/544/EEC and 76/812/EEC are hereby repealed

COMMISSION DECISION  of 14 April 1980  finding that the apparatus described as "Ampex-multiband instrumentation recorder, model FR-3020", is not a scientific apparatus and that Decisions 76/544/EEC and 76/812/EEC are hereby repealed  (80/477/EEC)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 9 October 1979, the Government of Italy has requested the Commission to invoke the procedure now provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as "Ampex-multiband instrumentation recorder, model FR-3020", intended for use in connection with stratospheric experiments in telemetry stations, 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 27 March 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 magnetic recorder;
Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; 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;
Whereas the technical evolution of this kind of apparatus leads to the conclusion that this is applicable for all magnetic recorders ; whereas, moreover, these recorders are principally used for non-scientific activities ; whereas, therefore, the contrary Decisions which were adopted in the past by the Commission for this type of apparatus need to be repealed,