
Article 1 
By way of derogation from Section 2 of Chapter I of Title 2 of Regulation (EC) No 2535/2001, operators established in Bulgaria and Romania (hereinafter referred to as the ‘new Member States’) may apply for import licences for the quotas covering the period 1 January 2007 to 30 June 2007 without prior approval by the competent authorities of the new Member State in which they are established.
Article 2 

1. By way of derogation from Article 11 of Regulation (EC) No 2535/2001, operators established in the new Member States may apply for import licences for the quotas referred to in Article 1 of this Regulation only in the Member State where they are established.
2. Licence applications shall be admissible only where the applicant attaches the following documents:
(a) proof that in 2006 the applicant has imported or exported at least 25 tonnes of milk products covered by Chapter 04 of the Combined Nomenclature in at least four separate operations;
(b) any document and information adequately substantiating the identity and status of the applicant, in particular:
((i)) documents relating to business accounts or tax arrangements drawn up in accordance with national law,
((ii)) the VAT number, if provided for under national law, and
((iii)) the registration in the commercial register, if provided for under national law.
3. In case of point (a) of paragraph 2, the reference year shall be 2005 if the importer concerned can prove that he was not able to import or export the required quantities of milk products during 2006 as a result of exceptional circumstances.
4. For the purposes of application of this Article, inward- and outward-processing transactions shall not be considered as imports and exports.
Article 3 

1. The competent authorities of the new Member States shall send to the Commission by 20 January 2007 the list of operators having applied for import licences for the quotas covering the period 1 January 2007 to 30 June 2007 in accordance with Article 1 and complying with the conditions laid down in Article 2. These lists shall be established in accordance with the model at Annex XIV to Regulation (EC) No 2535/2001, exception made of the approval number.
2. The Commission shall forward the lists referred to in paragraph 1 to the competent authorities of the other Member States.
Article 4 
By way of derogation from Article 16(4) of Regulation (EC) No 2535/2001, import licences issued for the quotas covering the period 1 January 2007 to 30 June 2007 may be transferred only to natural or legal persons approved in accordance with Section 2 of that Regulation and to natural or legal persons appearing on the lists referred to in Article 3 of this Regulation.
Article 5 
This Regulation shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 20 December 2006.
For the Commission
Mariann FISCHER BOEL
Member of the Commission