
Article 1 
By way of derogation from 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 Romania proof that the customs import formalities have been completed shall not be a condition for payment of the refund in respect of all goods listed in Annex II to Regulation (EC) No 1043/2005, which are covered by EU-Romania Association Council Decision No 3/2005.
Article 2 
The fact that no export refund has been fixed in respect of the export to Romania of the goods listed in Annex II to Regulation (EC) No 1043/2005, which are covered by EU-Romania Association Council Decision No 3/2005, 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 following its publication in the Official Journal of the European Union.
It shall apply from 1 December 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 22 December 2005.
For the Commission
Günter VERHEUGEN
Vice-President