79/815/EEC: Commission Decision of 14 September 1979 refusing to accept the scientific character of the 'Hewlett-Packard X-Y recorder, model 7046 A'

COMMISSION DECISION  of 14 September 1979  refusing to accept the scientific character of the "Hewlett-Packard X-Y recorder, model 7046 A"  (79/815/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 22 March 1979, the Danish 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 "Hewlett-Packard X-Y recorder, model 7046 A", used for research in the field of bearing capacity of concrete and, in particular, for plotting the relationship between a force and two deformations on the test sample 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 18 June 1979 within the Committee on Duty-Free Arrangements to examine this particular case;
Whereas this examination showed that the apparatus in question is a pen recorder;
Whereas it does not have the requisite objective characteristics making it specifically suited to pure scientific research ; whereas, furthermore, it is currently used in industry, in particular in the aerospatial and automobile sectors;
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,