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Doiciméad 31979D0391

79/391/EEC: Commission Decision of 29 March 1979 on the refusal to accept the scientific character of an apparatus described as 'NBS biotran II automated colony counter'

IO L 93, 12.4.1979, lch. 51-51 (DA, DE, EN, FR, IT, NL)

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ELI: http://data.europa.eu/eli/dec/1979/391/oj

31979D0391

79/391/EEC: Commission Decision of 29 March 1979 on the refusal to accept the scientific character of an apparatus described as 'NBS biotran II automated colony counter'

Official Journal L 093 , 12/04/1979 P. 0051 - 0051
Greek special edition: Chapter 02 Volume 7 P. 0205


COMMISSION DECISION of 29 March 1979 on the refusal to accept the scientific character of an apparatus described as "NBS biotran II automated colony counter" (79/391/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 "NBS biotran II automated colony counter", used for counting bacterial mutants produced as a result of exposure to chemical carcinogens, 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 an automated counter ; whereas it does not in itself have any objective characteristics making it specially suited to pure scientific research ; whereas it is an apparatus for routine use in clinical medicine ; 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 "NBS biotran II automated colony counter" is not considered to be a scientific apparatus.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 29 March 1979.

For the Commission

Étienne DAVIGNON

Member of the Commission (1)OJ No L 184, 15.7.1975, p. 1. (2)OJ No L 316, 6.12.1975, p. 17.

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