COMMISSION DECISION of 4 July 1979 refusing to accept the scientific character of the apparatus described as "PMS data acquisition system, model DAS-32" (79/638/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 19 December 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 "PMS data acquisition system, model DAS-32", intended for use in research on cloud physics and, in particular, for cloud droplet size measurement, 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 28 May 1979 within the Committee on Duty-Free Arrangements to examine this particular case;
Whereas this examination showed that the apparatus in question consists of a complete system for the acquisition of data, including, in particular, a forward scattering spectrometer, an aspirator, a step-down, transformer and a heater;
Whereas it does not have the requisite objective characteristics making it specifically suited to scientific research ; whereas it is an apparatus in current use, and, in particular, for measuring air pollution;
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 "PMS data acquisition system, model DAS-32" is not considered to be a scientific apparatus.
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 4 July 1979.