
Article 1 
Regulation (EC) No 1043/2005 is amended as follows:

1.. the following Article 38a is inserted:
'
Article 38a 

1. If, after the closing date for the lodging of applications for refund certificates in respect of a particular tranche referred to in points (a) to (f) of the first paragraph of Article 33, no reduction coefficient has been published pursuant to Article 37(2), operators may lodge an application for the issue of a refund certificate for any remaining amount available for that tranche not yet applied for.The application shall be lodged in the period up to the next closing date set out in points (a) to (f) of the first paragraph of Article 33.
2. Applications lodged in the course of each week shall be notified by Member States to the Commission on the following Tuesday. The corresponding certificates may be issued from the Monday following notification, unless the Commission issues instructions to the contrary.
3. If the total amount of the applications received in a particular application week exceeds the remaining amount available referred to in paragraph 1 the Commission shall take one or more of the following steps:
(a) set a reduction coefficient applicable to applications for refund certificates lodged in that particular application week, which have been notified to the Commission and for which refund certificates have not yet been issued;
(b) direct Member States to reject applications, lodged in that particular application week, which have yet to be notified to the Commission;
(c) suspend the lodging of applications for refund certificates.';
2.. in Section I of Annex VI, the fifth paragraph is replaced by the following:
'Applicants shall enter one of the following in box 20:
— the words “Article 33”, or other words to the satisfaction of the competent authority, if the application refers to a certificate provided for in Article 33,
— the words “Article 38”, or other words to the satisfaction of the competent authority, if the application refers to a certificate provided for in Article 38,
— the words “Article 38a” or other words to the satisfaction of the competent authority, if the application refers to a certificate provided for in Article 38a.'
Article 2 
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 31 March 2006.
For the Commission
Günter VERHEUGEN
Vice-President