whereas to take account of certain specific situations, where this provision is unduly restrictive, certain derogations should be permitted to be managed by the Member States;

Unduly paid compensation shall be recovered, with interest, from the producer organisations, independent producers or recipients of withdrawn products concerned, in particular where:

Where a Member State establishes that the "CE" marking and supplementary metrology marking have been affixed unduly, the manufacturer or his authorised representative shall be obliged:

Where the refund is paid to an assignee, he and the exporter shall be jointly and severally liable for reimbursement of amounts over-paid, securities unduly released and interest relating to the exports concerned.

The rights and safeguards secured to persons by the laws or administrative practice of the Requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information.

Where amounts relating to interest have to be recovered independently from amounts unduly paid, the Member States may, under the same conditions, decide not to recover amounts relating to interest of EUR 50 or less.

Where the time limit for payment is not met, Member States may decide that, in place of reimbursement, any amounts over-paid, securities unduly released and compensatory interest shall be deducted from subsequent payments to the exporter concerned.

Where aid is paid unduly in respect of bananas which have not been marketed in accordance with Article 1, the competent authorities shall recover the amounts paid, plus interest calculated from the date of payment of the aid up to actual recovery thereof.

In order to prevent operations which could frustrate a bid, the powers of the board of an offeree company to engage in operations of an exceptional nature should be limited, without unduly hindering the offeree company in carrying on its normal business activities.

the existing permission for new planting of areas intended for graft nurseries, land consolidation and compulsory purchase as well as wine-growing experiments has shown itself not to unduly disturb the wine market and should therefore be continued subject to the necessary controls;

In accordance with Article 27(3) of the basic Regulation, their requests could not be accepted in the current investigation since the number of exporters was so large that individual examinations would have been unduly burdensome and prevented completion of the investigation in good time.

Without prejudice to the obligation to pay the negative amount pursuant to Article 51(4), the beneficiary shall reimburse refunds unduly received, which includes any penalty applicable pursuant to Article 51(1) and interest calculated on the time elapsing between payment and reimbursement.

to pay the amount of the compensation unduly applied for, calculated on the basis of the quantities of withdrawn products not in conformity with the standards or minimum requirements, if those quantities are less than 10 % of the quantities notified pursuant to Article 6 of this Regulation;

If there is clear evidence that watchkeeping personnel for the first watch or subsequent relieving watches are unduly fatigued, the Member State shall ensure that the ship shall not leave port until the deficiencies found have been rectified or the seafarers in question have been sufficiently rested.

to pay the double amount of the compensation unduly applied for, calculated on the basis of the quantities of withdrawn products not in conformity with the standards or minimum requirements, if those quantities are between 10 % and 25 % of the quantities notified pursuant to Article 6 of this Regulation;

Where undertakings find that their applications for rights to install facilities have not been dealt with in accordance with the principles set out in Directive 2002/21/EC (Framework Directive) or where such decisions are unduly delayed, they should have the right to appeal against decisions or delays in such decisions in accordance with that Directive.

In order to ensure uniform application of the principle of good faith throughout the Community, where amounts unduly paid are recovered, the conditions under which that principle may be invoked should be laid down without prejudice to the treatment of the expenditure concerned in the context of the clearance of accounts under Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(5).

Without prejudice to the possibility provided for in Article 51(9) of waiving the application of penalties in the case of small amounts, Member States may waive the reimbursement of refunds over-paid, securities unduly released, interest and amounts as provided for in Article 51(4) where such reimbursement per export declaration does not exceed EUR 60, on condition that national law lays down similar rules providing for non-recovery in such cases.

If a complaint has been received or the inspector from his own observations on board believes that the seafarers may be unduly fatigued, the inspector shall conduct a more detailed inspection, pursuant to paragraph 1, to determine whether the working hours or rest periods recorded conform to the standards laid down in Directive 1999/63/EC and that they have been duly observed, taking into account other records relating to the operation of the ship.

Without prejudice to Article 11, where a Member State establishes that the marking described in Annex VII has been affixed unduly, the owner or his authorised representative established in the Community or the holder, or the manufacturer or his authorised representative established within the Community, shall be obliged to make the transportable pressure equipment conform as regards the provisions concerning the marking and to end the infringement under the conditions imposed by the Member State.

RECOVERY OF UNDUE PAYMENT

Consequences of undue payments

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Chlamydotis undulata

Article 14 as regards the rules for reimbursement of undue payments,

Traps should not expose the operator to undue hazard under normal use.

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to remove undue administrative, financial and legal constraints on business;

- to remove undue administrative, financial and legal constraints on business;

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The operator shall without undue delay propose changes to the tiers applied when:

The operator shall without undue delay propose changes to the monitoring methodology when:

If complete data are not available on 28 February, they must be completed without undue delay.

The provisions of Article 85 of the Staff Regulations on the recovery of undue payment shall apply.

The competent authority of the Member State concerned shall decide upon the case without undue delay.

affecting its nature or its implementation conditions or giving to a firm or public body an undue advantage; and

affecting its nature or its implementation conditions or giving to a firm or a public body an undue advantage; and

They must be directed forwards without causing undue dazzle or discomfort to oncoming drivers and other road users.

Producer organisations shall reimburse the undue payment plus interest calculated in accordance with paragraph 3(a).

If such authority requires additional information from the applicant, it shall notify the applicant without undue delay.