
Article 1 
By way of derogation from Article 18(6) of Regulation (EC) No 2201/96 and Article 16 of Regulation (EC) No 800/1999, where the differentiation of the refund is the result solely of a refund not having been fixed for Switzerland or Liechtenstein, proof that the customs import formalities have been completed shall not be a condition for payment of the refund in respect of certain sugars used in certain products processed from fruit and vegetables, covered by Regulation (EC) No 2201/96, and listed in Tables I and II to Protocol 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972.
Article 2 
The fact that no export refund has been fixed in respect of the export to Switzerland or Liechtenstein of certain sugars used in certain products processed from fruit and vegetables, covered by Regulation (EC) No 2201/96, and listed in Tables I and II to Protocol 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972, shall not be taken into account in determining the lowest rate of refund within the meaning of Article 18(2) of Regulation (EC) No 800/1999.
Article 3 
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 February 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 8 March 2005.
For the Commission
Mariann FISCHER BOEL
Member of the Commission