79/375/EEC: Commission Decision of 23 March 1979 refusing to accept the scientific character of the apparatus described as 'MRC - Sputtersphere Type 822'

COMMISSION DECISION  of 23 March 1979  refusing to accept the scientific character of the apparatus described as "MRC - Sputtersphere Type 822"  (79/375/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 20 September 1978, the French 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 "MRC - Sputtersphere Type 822" with an air-lock and automatic adjustment, to be used for research in the photolithogravure field, 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 7 February 1979 within the Committee on Duty-Free Arrangements to examine this particular case;
Whereas this examination showed that the apparatus in question is a cathodic pulverizer in current use which does not have the requisite objective technical characteristics rendering it specifically suited to pure scientific research ; whereas this apparatus is primarily used in industry ; whereas its use in the case in question could not alone confer upon it the character of a scientific apparatus specifically suited to pure scientific research ; whereas it therefore cannot be regarded as a scientific apparatus,