31977D0379

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COMMISSION DECISION

OF 23 MAY 1977

ALLOWING ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES THE SCIENTIFIC APPARATUS DESCRIBED AS " LOCK-IN-AMPLIFIER " PAR MODEL 128 A , WITH TUNED AMPLIFIER PAR MODEL 128 A/98 OPTIONAL

( 77/379/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 ARTICLE 4 THEREOF ,

WHEREAS , BY LETTER DATED 23 NOVEMBER 1976 , THE GERMAN GOVERNMENT REQUESTED THE COMMISSION TO INVOKE THE PROCEDURE LAID DOWN IN PARAGRAPHS 3 TO 7 OF ARTICLE 4 OF REGULATION ( EEC ) NO 3195/75 IN ORDER TO DETERMINE WHETHER APPARATUS OF SCIENTIFIC VALUE EQUIVALENT TO THE APPARATUS DESCRIBED AS " LOCK-IN-AMPLIFIER " PAR MODEL 128 A , WITH TUNED AMPLIFIER PAR MODEL 128 A/98 OPTIONAL , IS CURRENTLY 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 OF THE MEMBER STATES MET ON 29 APRIL 1977 WITHIN THE COMMITTEE ON DUTY-FREE ARRANGEMENTS TO EXAMINE THIS PARTICULAR CASE ;

WHEREAS THE APPARATUS IN QUESTION IS A PHASE-SENSITIVE DETECTION SYSTEM WITH TUNED AMPLIFIER OPTION , THE PURPOSE OF WHICH IS TO MEASURE THE " COTTON-MOUTON " EFFECT ON LIQUIDS AND GASES , PERMITTING AMPLIFICATION , IN THE ABSENCE OF SOUND , OF SIGNALS EMITTED BY A PHOTODIODE ;

WHEREAS , ON THE BASIS OF INFORMATION OBTAINED FROM THE MEMBER STATES , APPARATUS OF EQUIVALENT SCIENTIFIC VALUE CAPABLE OF USE FOR THE SAME PURPOSE COULD ONLY HAVE BEEN AVAILABLE IN THE COMMUNITY FROM 1 AUGUST 1976 ; WHEREAS , TAKING INTO ACCOUNT THE DATE WHEN THE APPARATUS IN QUESTION WAS ORDERED , THE DELIVERY PERIOD FIXED BY THE COMMUNITY PRODUCERS BEING TAKEN INTO CONSIDERATION IS CONSIDERABLY GREATER THAN THAT FOR APPARATUS WHICH IS THE SUBJECT OF THIS APPLICATION FOR DUTY-FREE ADMISSION ; WHEREAS IT APPEARS APPROPRIATE IN THESE CIRCUMSTANCES TO ALLOW THE DUTY-FREE IMPORTATION OF THE APPARATUS IN QUESTION ,

HAS ADOPTED THIS DECISION :

ARTICLE 1

THE CONDITIONS REFERRED TO IN ARTICLE 3 ( 1 ) ( B ) OF COUNCIL REGULATION ( EEC ) NO 1798/75 OF 10 JULY 1975 FOR ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES OF THE SCIENTIFIC APPARATUS DESCRIBED AS " LOCK-IN-AMPLIFIER " PAR MODEL 128 A , WITH TUNED AMPLIFIER PAR MODEL 128 A/98 OPTIONAL , ARE FULFILLED .

ARTICLE 2

THIS DECISION IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 23 MAY 1977 .

FOR THE COMMISSION

ETIENNE 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 .