86The Commission referred to the lack of effectiveness, in that connection, of Article 11(1) of Regulation No 2362/98, which the importers did not really attempt to refute. Pursuant to that provision, the Member States were to check that the ‘newcomers’ were commercially active for their own account as importers into the Community and as independent economic units, and, where there was doubt as to whether that condition was met, the operators concerned had to provide evidence of compliance which was considered satisfactory by the national competent authorities in order to have their application accepted and prove their independent management. In that regard, Article 6(c) of Regulation No 896/2001 is certainly capable of preventing more effectively the misuse of the Community rules by speculative or artificial practices, without none the less removing any possibility of importing bananas into the Community. At the very most, that opportunity is restricted on the basis of the nature of the links between the economic operators concerned.
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