No L 176/8 Official Journal of the European -Communities 23. 6. 89 COUNCIL REGULATION (EEC) No 1788/89 of 19 June 1989 opening and providing for the administration of a Community tariff quota for bulls, cows and heifers, other than those intended for slaughter, of certain Alpine breeds THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard ‘to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the Act of Accession of Spain and Portugal, Having regard to the proposal from the Commission, Whereas the European Economic Community undertook, within the framework of the General Agreement of Tariffs and Trade (GATT), to open an annual Community tariff quota of 5000 head at a duty of 4 % for bulls, cows and heifers, othelr than those intended for slaughter, of certain Alpine breeds; whereas eligibility for such quota is - subject to submission of the following documents : — bulls: a pedigree certificate, — female animals : a pedigree certificate or certificate of registration in the herdbook, certifying purity of breed ; Whereas the abovementioned tariff quota should therefore be opened for the period 1 July 1989 ‘to 30 June 1990 at a duty 4 % ; whereas, however, under the terms of Article. 282 of the- Act of Accession, the Portuguese Republic is authorized to postpone until the beginning of the second stage the progressive application to imports of preferences granted by the Community, unilaterally or by agreement, to certain third countries; whereas a check should be carried out-to ascertain that the imported animals have not been slaughtered within a certain period ; Whereas it is in particular necessary to ensure:equal and continuous access for all Community importers. to the abovementioned quota, and the uninterrupted application of the quota duties, to all imports of the animals in question until the quota is exhausted; whereas the necessary measures should be taken to -ensure efficient administration of this tariff quota, taking into account the Community nature of the quota and special factors in the trade in these animals; whereas to this end the Commission should -assign to the Member -States on request -the quantities needed to cover actual imports in accordance with an economically appropriate procedure to be determined ; Whereas, since the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg are united within and jointly represented by the Benelux Economic Union, any measure concerning the adminis- tration of the quantities levied by that economic union may be carried out-by any one of its-members, HAS ADOPTED THIS REGULATION : Article 1 1. From.1 July 1989 to 30 June 1990 the duty applicable to the import into the Community, with the exception of Portugal, of the animals designated hereafter shall be suspended at the level and within the limits of Community tariff quota indicated : Order No CN code - Description V(E]‘::;ae Quo(t:;o)duty 09.0004 ex 010250 10 '| Bulls, cows-and heifers other than those intended for slaughter, ex 010290 31 | of the following breeds: mottled Simmental breed and the ex 010290 33 | Schwyz and Fribourg breeds “ex 01025035 5000 head 4 Within the limits of this tariff quota, the Kingdom of Spain shall apply customs duties calculated in accordance with the relevant provisions in the Act of .Accession. 2.~ Eligibility for this tariff quota shall be: subject to the submission of : — in the case of bulls: a- pedigree certificate, — in the case of female animals : a pedigree certificate or certificate of registration in the herdbook, certifying purity of breed. 3.  For the purposes of this Regulation, the abovemen- tioned animals shall be considered not intended for slaughter if they are not slaughtered within four months following the date of their importation. Derogations may, however, be granted in the event of force majeure duly attested by a local authority certificate setting out -the reasons for the slaughter. 4. The quota volume referred to in paragraph 1 shall be divided into two equal six-monthly instalments of 2 500 head, the first applying to imports from 1 July to 31 December 1989, the second being reserved for imports from 1 January 1990.