Commission Regulation (EC) No 793/2006 of 12 April 2006 laying down certain detailed rules for applying Council Regulation (EC) 247/2006 laying down specific measures for agriculture in the outermost regions of the Union (repealed) (c. 793)

TITLE II SPECIFIC SUPPLY ARRANGEMENTS

CHAPTER IV Common provisions

Article 8 Passing on the advantage to the end‐user

1. For the purposes of applying this Title:

(a) the ‘advantage’ referred to in Article 3(4) of Regulation (EC) No 247/2006 means either the exemption from customs duties or the grant of Community aid provided for in that Regulation;

(b) ‘end‐user’ means

(i)

in the case of products for direct consumption: the consumer;

(ii)

in the case of products for the processing or packaging industry which are intended for human consumption:

• the final processor or packager, for the part of the aid intended to compensate for remoteness, insularity and distant location,

• the consumer, for the additional part of the aid intended to take account of export prices;

(iii)

in the case of products for the processing or packaging industry for use as animal feed and products for use as agricultural inputs: the farmer.

2. The competent authorities shall take all appropriate steps to check that the advantage is actually passed on to the end‐user. In doing so they may assess the trading margins and prices applied by the various operators concerned.

The measures referred to in the first subparagraph, and in particular the control points used to determine whether the aid has been passed on, and any amendments made, shall be notified to the Commission in the context of the report provided for in Article 48.