17. 7. 93 Official Journal of the European Communities No L 174/3 COUNCIL REGULATION (EEC) No 1918/93 of 12 July 1993 \ 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 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 38000 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 42 600 head as from 1 July 1986 ; whereas the abovemen- tioned tariff quota should therefore be opened for the period 1 July 1993 to 30 June 1994 at a duty of 4 % for a quantity of 42600 head; 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 ques- tion until the quota is exhausted ; Whereas the decision for the opening, in the execution of its international obligations, of tariff quotas should be taken by the Community ; whereas, to ensure the effici- ency of a common administration of these quotas, there is no obstacle to authorizing the Member States to draw from the quota-volumes the necessary quantities corres- ponding to actual imports ; whereas, however, this method of administration requires close cooperation between the Member States and the Commission and the latter must in particular be able to monitor the rate at which the quotas are used up and inform the Member States accor- dingly ; 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 1993 to 30 June 1994, the duty appli- cable to the import into the Community of the animals designated hereafter shall be suspended at the level and within the limits of the Community tariff quota indicated. Quota Quota duty N cod . Order No ¢ (;;0 i Description volume (%) 09.0001 ex 010290 05 | Cows and heifers other than those intended for slaughter, of ex 01029029 | the following mountain breeds: grey, brown, yellow and ex 01029049 | mottled Simmental breed and mottled Pintzgau breed ex 010290 59 ex 010290 69 42 600 head 4 (a) Taric codes in Annex IL 2.  For the purposes of this Regulation, the animals. Article 2 referred to in paragraph 1 shall be considered not intended for slaughter if they are not slaughtered within four months of the date of the acceptance of the entry for release’ for free circulation. 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. () OJ No L 328, 22. 11. 1986, p. 57. 1. The quota volume referred to in Article 1 (1) shall be further divided into two parts. The first part, 80 % of the total, i.e. 34 080 head, shall be reserved for established importers who are able to furnish proof of having imported animals of the breeds specified in the tariff quota in question during the previous three years.