the household allowance shall be calculated by reference to the pension or the allowance of the recipient.

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.

However, if in the case referred to in paragraph 2 the invalidity benefits have been granted pursuant to Article 39, the institution remaining responsible for providing those benefits may apply Article 49 (1) (a) as if the recipient of the said benefits satisfied the conditions of the legislation of the Member State concerned for entitlement to old age benefits, by substituting for the theoretical amount referred to in Article 46 (2) (a) the amount of the invalidity benefits due from the said institution.

Article 14 of Commission Regulation (EEC) No 2729/81 of 14 September 1981 laying down special rules implementing the system of import and export licences and the advance fixing of refunds in respect of milk and milk products(3) provides that for the purposes of applications for licences with advance fixing of the refund submitted under a tendering procedure opened in a non-member country, the only invitations to tender that may be considered are those issued by public agencies or bodies governed by public law appearing on the list attached to Commission Regulation (EEC) No 2730/81 of 14 September 1981 establishing a list of agencies in non-member importing countries entitled to issue invitations to tender in the milk and milk products sector(4).

Persons entitled to receive royalties

Whereas the Commission must fix the refund rates and maximum quantities eligible for refunds;

Witnesses entitled to reimbursement under paragraph 2 shall also be entitled to appropriate compensation for loss of earnings, and experts to fees for their work.

Whereas in order to be eligible for the compensatory aid the bananas must comply with Community quality standards;

Witnesses shall be entitled to compensation for loss of earnings, and experts to fees for their services.

The Commission is required to fix the refund rates and the maximum quantities eligible for refunds.

The persons entitled to receive royalties must be specified, due regard being had to the principle of subsidiarity.

Quantities exported within the tolerance provided for in Article 8 (4) of Regulation (EEC) No 3719/88 shall not be eligible for payment of a refund.

The proprietor of a Community collective mark shall be entitled to claim compensation on behalf of persons who have authority to use the mark where they have sustained damage in consequence of unauthorized use of the mark.

The competent authorities of the Member States shall communicate to the Commission, by the end of each month at the latest, the statistics relating to the quantities of pasta products, by tariff subheading, specifying the quantities which qualify for an export refund and the quantities which do not qualify for an export refund, in respect of which certificates have been stamped in the course of the previous month by the customs offices where the export declarations were accepted, at the following address:

(1) Article 4(1) of Regulation (EEC) No 2825/93 lays down that the quantities of cereals eligible for the refund shall be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned.

(1) Article 4(1) of Regulation (EEC) No 2825/93 provides that the quantities of cereals eligible for the refund are to be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned.

Whereas provision should be made so that pasta products falling within CN codes 190211 and 190219 and exported to the United States of America are accompanied either by a certificate stating that they are being exported following an inward processing operation or by a certificate stating that they qualify or do not qualify for a rate of refund applicable, in the case of exports to the United States of America, to the basic cereal products used in their manufacture;

The beneficiary of Community withdrawal compensation or of financing from the operational fund shall be under the obligation to pay back double the amounts unduly paid, plus interest calculated by reference to the time that has elapsed between payment and reimbursement by the beneficiary where checks carried out in accordance with Article 17 show that:

The Annex to Commission Regulation (EEC) No 572/73 of 26 February 1973 establishing egg and poultrymeat products eligible for the advance fixing of export refunds (1), as last amended by Regulation (EEC) No 1916/86 (2), is hereby replaced by Annex I to this Regulation.

Where, for the products intended for export from the Community of Fifteen to one of the new Member States for which an export declaration has been accepted by 30 April 2004 at the latest, the conditions set out in Article 3 of Regulation (EC) No 800/1999 have not been complied with by that date, the beneficiary shall reimburse any refund received in accordance with Article 52 of that Regulation.

Where the sum of the quantities provisionally determined by each of the Member States exceeds the ceiling provided for in the second indent of Article 3 (1) of Regulation (EEC) No 3117/85, the Comission, after consulting the Member States concerned, shall decide the overall quantities eligible for the allowance or each Member State, according to the criteria set out in paragraph 1.

Where an infringement of the allowance scheme, with limited implications, has been committed by a beneficiary of the allowance and it is shown by the same beneficiary, to the satisfaction of the Member State concerned, that such infringement was committed without intention to defraud or as the result of grave negligence, the Member State shall withhold an amount equal to 10 % of the Community withdrawal price for Atlantic sardines applicable to the quantities which are the subject of the infringement and which were intended to qualify for the allowance or in respect of which the allowance has been granted.

Witnesses entitled to reimbursement under paragraph 2 shall also be entitled to appropriate compensation for loss of earnings, and experts shall be entitled to fees for their services.

Whereas the introduction of a special refund for boned cuts from forequarters of adult male cattle involves an amendment of the refund nomenclature and the categories of beef and veal eligible for a refund;

For the quantities for which entitlement to the allowance has been established, rules should be laid down governing the submission of applications for and payment of the allowance, including conditions relating to furnishing proof of the Community origin and nature of the products.

whereas it is therefore necessary to establish a precise definition, applicable in each Member State, of cereal grains qualifying for the refund on "hulled grains" and "pearled grains";

Witnesses entitled to reimbursement under paragraph 2 shall also be entitled to appropriate compensation for loss of earnings, and experts unless members of the staff of the Examination Offices, to fees for their work.

'Article 6 The competent authorities of the Member States shall communicate to the Commission, by the end of each month at the latest, the statistics relating to the quantities of pasta products, by tariff subheading, specifying the quantities which qualify for an export refund and the quantities which do not qualify for an export refund, in respect of which certificates have been stamped in the course of the previous month by the customs offices where the export declarations were accepted, at the following address:

Member States shall also notify the Commission every month of the quantities sold during the previous month which may qualifiy for the allowance, broken down by commercial category and type of processing carried out, and of the expenditure relating to the grant of the allowance in question.

Article 4(1) of Regulation (EEC) No 2825/93 lays down that the quantities of cereals eligible for the refund shall be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned.

Article 4(1) of Regulation (EEC) No 2825/93 provides that the quantities of cereals eligible for the refund are to be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned.

Quantities exported within the tolerance referred to in Article 8 (4) of Regulation (EEC) No 3719/88 shall not confer entitlement to payment of a refund where exportation takes place under a licence as referred to in Article 8 (1) and the licence contains the following entry in box 22:

Article 1 of Regulation (EC) No 1529/2000 is replaced by the following: "The varieties of Cannabis sativa L. eligible for aid under Article 3(6) of Regulation (EEC) No 2358/71 shall be those listed in Annex XII to Commission Regulation (EC) No 2316/1999(9)."

Whereas provision should be made so that pasta products falling within CN codes 1902 11 and 1902 19 and exported to the United States of America are accompanied either by a certificate stating that they are being exported following an inward processing operation or by a certificate stating that they qualify or do not qualify for a rate of refund applicable, in the case of exports to the United States of America, to the basic cereal products used in their manufacture;

The Annex to Commission Regulation (EEC) N° 572/73 of 26 February 1973 establishing egg and poultrymeat products eligible for the advance fixing of export refunds (1), as last amended by Regulation (EEC) N° 1916/86 (2), is hereby replaced by Annex I to this Regulation.

On the death of a former official in receipt of the allowance provided for paragraph 1, dependent children within the meaning of Article 2 of Annex VII to the Staff Regulations shall be entitled to an orphan's pension on the conditions set out in the first, second and third subparagraphs of Article 80 of the Staff Regulations and in Article 21 of Annex VIII to the Staff Regulations.

'Institutional parties not liable to account for VAT' and 'parties exempt from VAT' which appear in the second paragraph of Article 5, Article 10 (3) (6), and Article 11 (2) (6) and (7) of the Basic Regulation are replaced respectively by 'legal persons not liable to account for VAT' and 'parties liable to account who carry out only transactions not entitling them to any deduction of VAT'.

On the death of a former official or member of the temporary staff in receipt of the allowance provided for paragraph 1, dependent children within the meaning of Article 2 of Annex VII to the Staff Regulations shall be entitled to an orphan's pension on the conditions set out in the first, second and third subparagraphs of Article 80 of the Staff Regulations and in Article 21 of Annex VIII to the Staff Regulations.

In the absence of cooperation, and given that the abovementioned substitution of imports from Brazil for imports from Argentina took place immediately following the imposition of anti-dumping duties, it has to be concluded, in the absence of any other explanation, that the change in the pattern of trade stemmed from the imposition of the duty rather than from any other sufficient due cause or economic justification within the meaning of Article 13(1), second sentence, of the basic Regulation.

The conditions relating to the quantities which may qualify for carry-over aid as well as to the use of a tolerance margin and to the certifying document to be used when the products are withdrawn in another Member State should be the same as those laid down in Commission Regulation (EC) No 2509/2000 of 15 November 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards granting financial compensation for withdrawal of certain fishery products(7).

Subject to any sectoral rules, such aid may be authorised by the Commission only where, in accordance with Article 87(2)(b) of the Treaty, it is intended to make good the damage caused by natural disasters or exceptional occurrences or, under the conditions applying to operating aid in the guidelines on national regional aid, in regions eligible for the derogation under Article 87(3)(a) concerning the economic development of areas where the standard of living is abnormally low or where there is serious underemployment.

Article 14 of Commission Regulation (EEC) No 2729/81 of 14 September 1981 laying down special rules implementing the system of import and export licences and the advance fixing of refunds in respect of milk and milk products(3) provides that for the purposes of applications for licences with advance fixing of the refund submitted under a tendering procedure opened in a non-member country, the only invitations to tender that may be considered are those issued by public agencies or bodies governed by public law appearing on the list attached to Commission Regulation (EEC) No 2730/81 of 14 September 1981 establishing a list of agencies in non-member importing countries entitled to issue invitations to tender in the milk and milk products sector(4).

The purchaser and rightful claimant of a personal easement or real encumbrance may enter an agreement under which the purchaser shall assume the easement and/or encumbrance, while the compensation determined in the manner provided in the first paragraph of the present Article shall be deducted from the sale price.