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'

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,