Article 6

By way of derogation from Article 24(3) of Regulation (EC) No 1282/2006, for the 2008 quota year, applicants established in Romania and Bulgaria and applying in their Member State of establishment, may also apply if they:

1. (a)

   submit to the competent authority of the Member State in which the application is lodged documentary evidence that they have been established for at least three years in Bulgaria and Romania and have exported products of CN code 0406 to the United States of America in at least one of the three calendar years prior to lodging the application;

2. (b)

   give to the competent authority of the Member State in which the application is lodged a written undertaking to initiate the procedure to establish a subsidiary in the United States of America.