Article 5

By way of derogation from Article 5 of Regulation (EC) No 1301/2006, instead of engagement in trade with third countries as referred to in that Article, the applicants for import rights shall prove that they are approved as processing establishments under Article 4 of Regulation (EC) No 853/2004 and shall demonstrate that they have been active in production of processed products containing beef during each of the two reference periods referred to in Article 5 of Regulation (EC) No 1301/2006.

Processing establishments in Bulgaria and Romania that were approved under Article 12 of Regulation (EC) No 854/2004 to export to the Community before 31 December 2006 and which have been active in production of processed products containing beef during each of the two reference periods referred to in Article 5 of Regulation (EC) No 1301/2006 may apply for import rights under the quota.

An application for import rights may not exceed 10 % of each quantity referred to in Article 3(1).

The evidence of compliance with the conditions laid down in paragraph 1 shall be submitted together with the application for import rights.

By way of derogation from the second paragraph of Article 5 of Regulation (EC) No 1301/2006, the competent national authority shall decide what is acceptable documentary evidence of compliance with those conditions.