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( 1 ) OJ NO C 85 , 18 . 7 . 1974 , P . 10 .

( 2 ) OJ NO C 109 , 19 . 9 . 1974 , P . 27 .

REGULATION ( EEC ) NO 1798/75 OF THE COUNCIL OF 10 JULY 1975 ON THE IMPORTATION FREE OF COMMON CUSTOMS TARIFF DUTIES OF EDUCATIONAL , SCIENTIFIC AND CULTURAL MATERIALS

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 28 THEREOF ;

HAVING REGARD TO THE DRAFT REGULATION SUBMITTED BY THE COMMISSION ;

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ;

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ;

WHEREAS , IN ORDER TO FACILITATE THE FREE EXCHANGE OF IDEAS AS WELL AS THE EXERCISE OF CULTURAL ACTIVITIES AND SCIENTIFIC RESEARCH WITHIN THE COMMUNITY , IT IS NECESSARY TO ALLOW , BY ALL POSSIBLE MEANS , THE ADMISSION FREE OF COMMON CUSTOMS TARIFF DUTIES OF EDUCATIONAL SCIENTIFIC AND CULTURAL MATERIALS ; WHEREAS , MOREOVER , THE FLORENCE AGREEMENT , DRAWN UP UNDER THE AUSPICES OF THE UNITED NATIONS EDUCATIONAL , SCIENTIFIC AND CULTURAL ORGANIZATION ( UNESCO ) , WHICH ENTERED INTO FORCE ON 21 MAY 1952 AND WHICH PROVIDES A BASIS FOR THE RELATIVE PROVISIONS TO BE IMPLEMENTED IN THE MAJORITY OF THE MEMBER STATES , MAKES PROVISION FOR SUCH CUSTOMS DUTY FREE ADMISSION TO BE GRANTED ;

WHEREAS , CUSTOMS DUTY-FREE ADMISSION OF EDUCATIONAL , SCIENTIFIC AND CULTURAL MATERIALS MUST BE UNIFORM THROUGHOUT THE COMMUNITY ;

WHEREAS , ESPECIALLY SO FAR AS SCIENTIFIC INSTRUMENTS AND APPARATUS ARE CONCERNED , IN ORDER TO TAKE ACCOUNT OF THE POSSIBILITY OF MANUFACTURE BY COMMUNITY INDUSTRY , THE GRANT OF DUTY FREE ADMISSION MUST BE SUBJECT TO THE CONDITION THAT INSTRUMENTS OR APPARATUS OF EQUIVALENT SCIENTIFIC VALUE ARE NOT AVAILABLE ANYWHERE IN THE COMMUNITY , NOT MERELY IN THE MEMBER STATE IN WHICH IMPORTATION TAKES PLACE ;

WHEREAS THIS CONDITION NEED NOT BE IMPOSED IN THE CASE OF INSTRUMENTS OR APPARATUS SENT AS A GIFT TO AN ESTABLISHMENT ENTITLED TO BENEFIT FROM EXEMPTION ; WHEREAS , HOWEVER , IN ORDER TO AVOID ANY ABUSE , IT IS NECESSARY THAT THE GRANTING OF DUTY FREE ADMISSION SHOULD BE CONDITIONAL UPON THE GIFT IN QUESTION NOT HAVING BEEN PROMPTED BY ANY COMMERCIAL CONSIDERATIONS ON THE PART OF THE DONOR ;

WHEREAS IN ORDER TO PERMIT VERIFICATION AT COMMUNITY LEVEL THAT THE CONDITIONS IMPOSED FOR THE GRANTING OF DUTY FREE ADMISSION HAVE BEEN FULFILLED , A COMMUNITY PROCEDURE OF CONSULTATION UNDER A COMMITTEE SHOULD BE SET UP TO ALLOW CLOSE AND EFFECTIVE COLLABORATION BETWEEN THE MEMBER STATES AND THE COMMISSION IN THIS RESPECT ;

WHEREAS IT IS IMPORTANT TO ENSURE THE UNIFORM IMPLEMENTATION OF THE PROVISIONS OF THIS REGULATION AND FOR THIS PURPOSE TO MAKE PROVISION FOR A COMMUNITY PROCEDURE TO ALLOW THE ADOPTION OF METHODS OF IMPLEMENTATION FOR IT WITHIN THE APPROPRIATE PERIOD OF TIME ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

EDUCATIONAL , SCIENTIFIC AND CULTURAL MATERIALS LISTED IN ANNEX I SHALL BE ADMITTED FREE OF COMMON CUSTOMS TARIFF DUTIES WHATEVER THEIR INTENDED USE .

ARTICLE 2

1 . EDUCATIONAL , SCIENTIFIC AND CULTURAL MATERIALS LISTED IN ANNEX II SHALL BE ADMITTED FREE OF COMMON CUSTOMS TARIFF DUTIES WHEN THEY ARE INTENDED :

- EITHER FOR PUBLIC EDUCATIONAL , SCIENTIFIC OR CULTURAL ESTABLISHMENTS AND ORGANIZATIONS ,

- OR FOR THE ESTABLISHMENTS OR ORGANIZATIONS IN THE CATEGORIES SPECIFIED OPPOSITE EACH ARTICLE IN COLUMN 3 OF THE SAID ANNEX , APPROVED BY THE COMPETENT AUTHORITIES OF THE MEMBER STATES TO RECEIVE SUCH ARTICLES DUTY FREE .

2 . THE DUTY FREE ADMISSION REFERRED TO IN PARAGRAPH 1 MAY BE GRANTED ON THE APPLICATION OF THE RECIPIENT ESTABLISHMENT OR ORGANIZATION BY THE COMPETENT AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY IT IS SITUATED .

ARTICLE 3

1 . SCIENTIFIC INSTRUMENTS AND APPARATUS NOT INCLUDED IN ARTICLE 2 IMPORTED EXCLUSIVELY FOR EDUCATIONAL PURPOSES OR FOR PURE SCIENTIFIC RESEARCH MAY BE ADMITTED FREE OF COMMON CUSTOMS TARIFF DUTIES PROVIDED :

( A ) THEY ARE INTENDED FOR :

- EITHER PUBLIC ESTABLISHMENTS PRINCIPALLY ENGAGED IN EDUCATION OR SCIENTIFIC RESEARCH , INCLUDING THOSE DEPARTMENTS OF PUBLIC ESTABLISHMENTS WHICH ARE PRINCIPALLY ENGAGED IN EDUCATION OR SCIENTIFIC RESEARCH ;

- OR PRIVATE SCIENTIFIC OR EDUCATIONAL ESTABLISHMENTS AUTHORIZED BY THE COMPETENT AUTHORITIES OF THE MEMBER STATES TO RECEIVE SUCH ARTICLES DUTY-FREE

AND PROVIDED :

( B ) INSTRUMENTS OR APPARATUS OF EQUIVALENT SCIENTIFIC VALUE ARE NOT BEING MANUFACTURED IN THE COMMUNITY .

2 . SUBJECT TO THE PRODUCTION OF SATISFACTORY EVIDENCE , THE DUTY FREE ADMISSION REFERRED TO IN PARAGRAPH 1 SHALL APPLY TO THE COMPONENTS , SPARE PARTS AND ACCESSORIES REQUIRED FOR THE OPERATION OF SCIENTIFIC INSTRUMENTS AND APPARATUS WHICH QUALIFY FOR DUTY-FREE ADMISSION .

3 . FOR THE PURPOSES OF THIS ARTICLE :

- " PURE SCIENTIFIC RESEARCH " SHALL MEAN RESEARCH CARRIED OUT FOR NON-COMMERCIAL PURPOSES ;

- " EQUIVALENT SCIENTIFIC VALUE " SHALL BE ASSESSED BY COMPARING THE CHARACTERISTICS AND SPECIFICATIONS OF THE INSTRUMENT OR APPARATUS FOR WHICH APPLICATION IS MADE FOR THE EXEMPTION REFERRED TO IN ARTICLE 4 WITH THOSE OF THE CORRESPONDING INSTRUMENT OR APPARATUS MANUFACTURED IN THE COMMUNITY TO DETERMINE WHETHER THE LATTER COULD BE USED FOR THE SAME SCIENTIFIC PURPOSES AS THOSE FOR WHICH THE INSTRUMENT OR APPARATUS FOR WHICH THE APPLICATION FOR EXEMPTION IS INTENDED AND WHETHER ITS PERFORMANCE WOULD BE COMPARABLE TO THAT EXPECTED OF THE LATTER ;

- A SCIENTIFIC INSTRUMENT OR APPARATUS SHALL BE REGARDED AS BEING MANUFACTURED IN THE COMMUNITY WHERE ITS DELIVERY PERIOD FROM THE TIME OF THE ORDER IS NOT , ACCOUNT BEING TAKEN OF COMMERCIAL PRACTICES IN THE MANUFACTURING SECTOR UNDER CONSIDERATION , APPRECIABLY LONGER THAN THE DELIVERY PERIOD OF THE INSTRUMENT OR APPARATUS FOR WHICH APPLICATION IS MADE FOR THE EXEMPTION REFERRED TO IN ARTICLE 4 OR WHERE THIS PERIOD DOES NOT EXCEED THE LATTER TO SUCH AN EXTENT THAT THE INTENDED PURPOSE OR USE FOR WHICH THE INSTRUMENT OR APPARATUS WAS INITIALLY INTENDED WOULD BE APPRECIABLY AFFECTED THEREBY .

4 . NORMAL EQUIPMENT SHALL IN ALL CASES BE EXCLUDED FROM DUTY FREE ADMISSION UNLESS IT HAS CERTAIN CHARACTERISTICS NOT FOUND IN EQUIPMENT MANUFACTURED IN THE COMMUNITY .

ARTICLE 4

THE DUTY FREE ADMISSION REFERRED TO IN ARTICLE 3 MAY BE GRANTED AT THE APPLICATION OF THE RECIPIENT ESTABLISHMENT OR ORGANIZATION BY THE COMPETENT AUTHORITY OF THE MEMBER STATE IN WHOSE TERRITORY IT IS SITUATED .

THE GRANTING OF DUTY FREE ADMISSION SHALL BE CONDITIONAL ON ITS BEING ESTABLISHED , UNDER THE CONDITIONS LAID DOWN BY IMPLEMENTING PROVISIONS ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 9 , THAT INSTRUMENTS OR APPARATUS OF EQUIVALENT SCIENTIFIC VALUE TO THOSE INSTRUMENTS OR APPARATUS FOR WHICH DUTY FREE ADMISSION IS REQUESTED ARE NOT BEING MANUFACTURED IN THE COMMUNITY .

ARTICLE 5

THE GRANTING OF DUTY FREE ADMISSION TO SCIENTIFIC INSTRUMENTS AND APPARATUS SENT AS A GIFT TO THE ESTABLISHMENTS REFERRED TO IN ARTICLE 3 ( 1 ) ( A ) SHALL NOT BE SUBJECT TO THE CONDITIONS LAID DOWN IN ARTICLE 3 ( 1 ) ( B ) AND IN THE SECOND SUBPARAGRAPH OF ARTICLE 4 .

HOWEVER , IT MUST BE ESTABLISHED UNDER THE CONDITIONS LAID DOWN BY IMPLEMENTING PROVISIONS ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 9 , THAT THE GIFT OF SCIENTIFIC INSTRUMENTS OR APPARATUS UNDER CONSIDERATION HAS NOT BEEN PROMPTED BY ANY COMMERCIAL CONSIDERATIONS ON THE PART OF THE DONOR .

ARTICLE 6

1 . THE ARTICLES LISTED IN ANNEX II AND THE SCIENTIFIC INSTRUMENTS AND APPARATUS WHICH HAVE BEEN ADMITTED DUTY FREE IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN ARTICLES 3 TO 5 MAY NOT BE LENT , HIRED OUT OR TRANSFERRED EITHER FOR A CONSIDERATION OR FREE OF CHARGE WITHOUT THE PRIOR AGREEMENT OF THE COMPETENT AUTHORITY OF THE MEMBER STATE REFERRED TO IN EITHER ARTICLE 2 ( 2 ) OR 4 .

2 . SHOULD AN ARTICLE BE LENT , HIRED OUT OR TRANSFERRED EITHER FOR A CONSIDERATION OR FREE OF CHARGE TO AN ESTABLISHMENT OR ORGANIZATION ENTITLED TO BENEFIT FROM EXEMPTION PURSUANT TO ARTICLE 2 ( 1 ) OR 3 ( 1 ) ( A ) , THE EXEMPTION SHALL CONTINUE TO BE GRANTED PROVIDED THE LATTER USES THE ARTICLE , INSTRUMENT OR APPARATUS FOR PURPOSES WHICH CONFER THE RIGHT TO SUCH EXEMPTION .

IN OTHER CASES THE LOAN , HIRE OR TRANSFER EITHER FOR A CONSIDERATION OR FREE OF CHARGE SHALL BE SUBJECT TO PRIOR PAYMENT OF CUSTOMS DUTIES , AT THE RATE APPLYING ON THE DAY OF THE LOAN , HIRE OR TRANSFER , ON THE BASIS OF THE TYPE OF GOODS AND THE CUSTOMS VALUE ASCERTAINED OR ACCEPTED ON THAT DATE BY THE COMPETENT AUTHORITY REFERRED TO IN EITHER ARTICLE 2 ( 2 ) OR 4 .

HOWEVER , NO CUSTOMS DUTY SHALL BE CHARGED WHEN THE ARTICLES LISTED IN ANNEX II ( C ) ARE LENT , HIRED OUT OR TRANSFERRED ON A NON-PROFIT BASIS TO BLIND PERSONS .

ARTICLE 7

1 . A COMMITTEE ON DUTY FREE ARRANGEMENTS , HEREINAFTER REFERRED TO AS " THE COMMITTEE " SHALL BE SET UP . IT SHALL CONSIST OF REPRESENTATIVES OF THE MEMBER STATES WITH A REPRESENTATIVE OF THE COMMISSION AS CHAIRMAN .

2 . THE COMMITTEE SHALL DRAW UP ITS OWN RULES OF PROCEDURE .

ARTICLE 8

THE COMMITTEE SHALL EXAMINE SUCH MATTERS RELATING TO THE IMPLEMENTATION OF THIS REGULATION AS ARE PUT TO IT BY ITS CHAIRMAN , WHETHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE .

ARTICLE 9

1 . THE PROVISIONS NECESSARY FOR THE IMPLEMENTATION OF ARTICLES 2 AND 3 , THE SECOND PARAGRAPH OF ARTICLE 4 , THE SECOND PARAGRAPH OF ARTICLE 5 AND ARTICLE 6 SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPHS 2 AND 3 .

2 . THE COMMISSION REPRESENTATIVE SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE MEASURES TO BE TAKEN . THE COMMITTEE SHALL GIVE ITS OPINION ON THIS DRAFT WITHIN A TIME LIMIT TO BE FIXED BY THE CHAIRMAN IN ACCORDANCE WITH THE URGENCY OF THE MATTER IN QUESTION . IT SHALL DECIDE BY A MAJORITY OF 41 VOTES , THE VOTES OF THE MEMBER STATES BEING WEIGHTED AS STIPULATED IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .

3 . ( A ) THE COMMISSION SHALL ADOPT THE PROPOSED MEASURES WHERE THEY CONFORM WITH THE OPINION OF THE COMMITTEE .

( B ) IF THE PROPOSED MEASURES DO NOT CONFORM WITH THE OPINION OF THE COMMITTEE , OR IN THE ABSENCE OF ANY SUCH OPINION , THE COMMISSION SHALL FORTHWITH SUBMIT A PROPOSAL TO THE COUNCIL IN RESPECT OF THE MEASURES TO BE TAKEN . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .

( C ) IF , WITHIN THREE MONTHS OF THE PROPOSAL BEING PLACED BEFORE IT , THE COUNCIL HAS NOT ACTED , THE PROPOSED MEASURES SHALL BE ADOPTED BY THE COMMISSION .

ARTICLE 10

THIS REGULATION SHALL ENTER INTO FORCE ON 1 AUGUST 1975 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 10 JULY 1975 .

FOR THE COUNCIL

THE PRESIDENT

E . COLOMBO

ANNEXES : SEE O.J . NO L 184 OF 15 . 7 . 75