COMMISSION DECISION of 25 January 1980 refusing to accept the scientific character of the apparatus described as "Microdyne-Telemetry Receiver, model 1100 AR" (80/208/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 amended by Regulation (EEC) No 1027/79 (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 14 June 1979, the Government of Italy requested the Commission to invoke the procedure at present laid down in Article 7 of Regulation (EEC) No 2784/79 in order to determine whether or not the apparatus described as "Microdyne-Telemetry Receiver, model 1100 AR", to be used for the reception of time signals, 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 1979 within the Committee on Duty-Free Arrangements to examine this particular case;
Whereas this examination showed that the apparatus in question is a radio-receiver for wavelengths measuring several metres and adapted for the reception of signals transmitted by satellites ; whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas apparatus of the same kind are principally used for the realization of 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,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as "Microdyne-Telemetry Receiver, model 1100 AR", is not considered to be a scientific apparatus.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 25 January 1980.