16. 7. 92 Official Journal of the European Communities No L 197/5 COUNCIL REGULATION (EEC) No 1950/92 of 13 July 1992 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 42 600 head as from 1 July 1986 ; whereas the abovemen- tioned tariff quota should therefore be opened for the period 1 July 1992 to 30 June 1993 at a duty of 4 % for a quantity of 42 600 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 necessary measures should be taken to ensure efficient administra- tion of this tariff quota, taking into account the Commu- nity 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 quanti- ties 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 1992 to 30 June 1993, 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. CN code . Quota Quota duty Order No @ Description volume (%) 09.0001 ex 010290 10 | Cows and heifers other than those intended for slaughter, of ex 010290 31 | the following mountain breeds: grey, brown, yellow and ex 010290 33 | mottled Simmental breed and mottled Pintzgau breed 42 600 head 4 (a) Taric codes: 010290 10° 20 and 40, 010290 31" 11, 19, 31 and 39, 010290 33" 10 and 30. 2.  Within the limits of this tariff quota, the Kingdom of Spain and the Portuguese Republic shall apply customs duties calculated in accordance with the relevant provi- sions in the Act of Accession. ' 3.  For the purposes of this Regulation, the animals 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. () OJ No L 328, 22. 11. 1986, p. 57. 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. Article 2 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