23. 6. 89 Official' Journal of the European Communities No L 176/5 COUNCIL REGULATION (EEC) :No 1787/89 of 19 June 1989 opening and providing for the administration of a Community tariff quota for heifers and cows, other than those intended for slaughter, of certain mountain 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 on Tariffs and Trade (GATT), to open an annual Community tariff quota of 20 000 head at a duty of 6 % for heifers and cows, other than those intended for slaughter, of - certain - mountain breeds ; whereas, in an Exchange of Letters with Austria dated 21 July 1972, the Community undertook unilaterally to increase the size of the tariff quota from 20 000 to 30 000 head and to lower the quota duty from 6 % to 4 %-; whereas, subsequently, this quota - was -increased unilaterally. to 38 000 head; whereas according to the Agreement in the form of an Exchange of Letters between the European Economic Community and the Republic of Austria concerning agriculture of 14 July 1986, which was approved by Decision 86/555/EEC ('), the volume of this tariff quota was raised to 42600 head as from 1 July 1986; whereas the abovementioned tariff quota should therefore be opened for the period 1 July 1989 to 30 June 1990 at a duty of 4 % -for a quantity of 42 600 head; 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 the. Community tariff quota indicated : Order No CN code Description vcgl‘:::e Quo(tor}n)duty 09.0002 ex 010290 10 | Cows and heifers, other-than those intended for slaughter, of the ex 01029031 | following mountain breeds: grey, brown, yellow and mottled. ex 010290 33| Simmental breed and mottled Pintzgau -breed 42 600 head 4 2.  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. 3. For the purposes of this Regulation, the abovemen- tioned animals shall be considered not intended for () OJ No L 328, 22. 11. 1986, p. 57. 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