COMMISSION DECISION of 29 March 1979 on the refusal to accept the scientific character of an apparatus described as "Nikon mask alignment microscope" (79/392/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 26 September 1978, the United Kingdom 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 "Nikon mask alignment microscope", used in research into guided optical waves for communication purposes should be considered as a scientific apparatus and, if 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 shows that the apparatus in question is a microscope of rather simple conception which is used mainly for the manufacture of integrated circuits ; whereas in itself it does not have objective scientific characteristics making it specially suited to pure scientific research ; whereas its use in this particular case cannot in itself give it the character of a scientific apparatus specially suited to pure scientific research ; whereas it cannot therefore be regarded as a scientific apparatus,
HAS ADOPTED THIS DECISION:
Article 1
The apparatus described as "Nikon mask alignment microscope" is not considered to be a scientific apparatus.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 29 March 1979.