Article 6 Specific allocation to non-traditional operators

Operators meeting the requirements laid down in Article 6 of Regulation (EC) No 896/2001 who have been engaged in the commercial activity of importing fresh bananas falling within CN code 0803 00 19 into one or more of the new Member States with a declared customs value of EUR 1 200 000 or more during either 2002, 2003 or 2004 may submit an application for registration in the Member State of their choice with a view to the issue of import licences under the additional quantity.

The application for registration shall be accompanied by the supporting documents referred to in Article 7(2) of Regulation (EC) No 896/2001.

In order to have their registration renewed, non-traditional operators registered in 2004 in accordance with Regulation (EC) No 838/2004 shall provide the competent authorities of the Member State of registration with proof that they have actually imported on their own account at least 50 % of the quantity allocated to them for the period 1 May to 31 December 2004.

To be accepted, applications for renewal of the registration shall be accompanied by copies of import licences used and proof of payment of the customs duties due on the date of the completion of customs import formalities.

Operators shall address their application for registration or application for renewal of a registration to the competent authorities of the Member State of their choice.

To be accepted, applications for registration or for renewal of the registration shall be accompanied by an application for a specific allocation, as well as proof that the security referred to in Article 8(1) of Regulation (EC) No 896/2001 has been lodged.

To be accepted, applications for a specific allocation may not cover a quantity greater than 12,5 % of the total quantity allocated to non-traditional operators fixed in Article 4(2).

Applications shall be submitted no later than 12 November 2004.

By 26 November 2004, the Member States shall notify the Commission of:

• the total quantity covered by applications for specific allocations submitted by non-traditional operators,

• the list of operators who have submitted requests for registration and for renewal of registration, and in the case of renewals the serial numbers of licences or any licence extracts, used and issued.

In the light of the Member States' notifications under paragraph 4 and the quantity fixed in Article 4(2), the Commission shall, if necessary, set an adjustment coefficient to be applied to the application for a specific allocation made by each non-traditional operator.

The competent authorities shall inform each non-traditional operator of its specific allocation no later than 10 December 2004.