82/637/EEC: Commission Decision of 7 September 1982 establishing that the 'Crystal Technology - Lithium Niobate, Optical Parametric Oscillator Crystal' may not be imported free of Common Customs Tariff duties

COMMISSION  DECISION
of 7 September 1982
establishing that the 'Crystal Technology - Lithium Niobate, Optical Parametric Oscillator Crystal' may not be imported free of Common Customs Tariff duties
(82/637/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 last amended by Regulation (EEC) No 608/82 (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 February 1982, the Federal Republic of Germany has requested the Commission to invoke the procedure provided for in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the 'Crystal Technology - Lithium Niobate, Optical Parametric Oscillator Crystal; ordered on 16 February 1979 and to be used for molecular spectroscopy with picosecond light pulses, 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 15 February 1982 within the framework of the Committee on Duty-Free Arrangements to examine the matter;
Whereas this examination showed that the 'Crystal Technology - Lithium Niobate, Optical Parametric Oscillator Crystal' may not be regarded as an instrument or apparatus within the meaning of Article 3 (1) and (2) of the aforementioned Regulation (EEC) No 1798/75, but consists in fact of semi-manufactured articles for a pressure measurement system; whereas Council Regulation (EEC) No 1798/75 does not apply to semi-manufactured articles; whereas, therefore, the conditions for import free of duties are not fulfilled,