Keywords
Summary

Keywords

1 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - REGULATIONS - APPLICATION RATIONE TEMPORIS - PRINCIPLE THAT MEASURES MUST NOT BE RETROACTIVE - EXCEPTIONS - CONDITIONS

2 . COMMON CUSTOMS TARIFF - IMPORTATION FREE OF CUSTOMS DUTIES - ' SCIENTIFIC INSTRUMENT OR APPARATUS ' - CAPACITY TO CARRY OUT ' SCIENTIFIC ACTIVITIES ' - CONCEPTS

( REGULATION NO 1798/75 OF THE COUNCIL , ART . 3 ( 1 ) AND ART . 3 ( 3 ), AS AMENDED BY REGULATION NO 1027/79 )

Summary

1 . THE PRINCIPLE OF LEGAL CERTAINTY REQUIRES THAT A REGULATION SHOULD NOT BE APPLIED RETROACTIVELY , REGARDLESS OF WHETHER SUCH AN APPLICATION MIGHT PRODUCE FAVOURABLE OR UNFAVOURABLE EFFECTS FOR THE PERSONS CONCERNED , UNLESS A SUFFICIENTLY CLEAR INDICATION CAN BE FOUND , EITHER IN THE TERMS OF THE REGULATION OR IN ITS STATED OBJECTIVES , THAT THE REGULATION WAS NOT MERELY PROVIDING FOR THE FUTURE .

2 . THE TERM ' SCIENTIFIC INSTRUMENTS AND APPARATUS ' IN ARTICLE 3 ( 1 ) OF REGULATION NO 1798/75 OF THE COUNCIL ON THE IMPORTATION FREE OF COMMON CUSTOMS TARIFF DUTIES OF EDUCATIONAL , SCIENTIFIC AND CULTURAL MATERIALS MUST BE DEFINED ON THE BASIS OF THE ' OBJECTIVE TECHNICAL CHARACTERISTICS ' OF THE INSTRUMENT OR APPARATUS IN QUESTION , HAVING REGARD BOTH TO ITS CONSTRUCTION AND TO THE RESULTS WHICH IT MAKES IT POSSIBLE TO OBTAIN .

THE TERM ' SCIENTIFIC ACTIVITIES ' IN ARTICLE 3 ( 3 ) OF REGULATION NO 1798/75 , AS AMENDED BY REGULATION NO 1027/79 , REFERS TO RESEARCH CARRIED OUT FOR NON-COMMERCIAL PURPOSES AND DENOTES ACTIVITIES AIMED AT THE ACQUISITION AND DEVELOPMENT OF SCIENTIFIC KNOWLEDGE .