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.