Avis juridique important
83/630/EEC: Commission Decision of 2 December 1983 establishing that the apparatus decribed as 'Hewlett Packard - Q meter, model 4342A' may not be imported free of Common Customs Tariff duties
Official Journal L 355 , 17/12/1983 P. 0046 - 0046
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COMMISSION DECISION
of 2 December 1983
establishing that the apparatus decribed as 'Hewlett Packard - Q meter, model 4342A' may not be imported free of Common Customs Tariff duties
(83/630/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 6 June 1983, France 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 apparatus described as 'Hewlett Packard - Q meter, model 4342A', ordered on 14 February 1983 and intended to be used to define accurately a rational industrial process for the production of glued, laminated wood by the high-frequency method, 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 November 1983 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 Q meter;
Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research; whereas, moreover, apparatus of the same kind are principally used for non-scientific activities; 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 duty-free admission of the apparatus in question is therefore not justified,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus decribed as 'Hewlett Packard - Q meter, model 4342A' which is the subject of an application by France of 6 June 1983 may not be imported free of Common Customs Tariff duties.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 2 December 1983.
For the Commission
Kal-Heinz NARJES
Member of the Commission
(1) OJ No L 184, 15. 7. 1975, p. 1.
(2) OJ No L 74, 18. 3. 1982, p. 4.
(3) OJ No L 318, 13. 12. 1979, p. 32.
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