Article 5

By way of derogation from Article 5 of Regulation (EC) No 1301/2006, instead of providing proof of their engagement in trade with third countries, 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.

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

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 documents shall be furnished as proof of compliance with those conditions.