Commission Regulation (EC) No 1122/2009 (repealed)Show full title

Article 82 U.K. Transfer of holdings

1. For the purposes of this Article:

(a) ‘transfer of a holding’ means the sale, lease or any similar type of transaction in respect of the production units concerned;

(b) ‘transferor’ means the farmer whose holding is transferred to another farmer;

(c) ‘transferee’ means the farmer to whom the holding is transferred.

2. Where a holding is transferred in its entirety from one farmer to another farmer after an aid application has been lodged and before all the conditions for granting the aid have been fulfilled, no aid shall be granted to the transferor in respect of the transferred holding.

3. The aid applied for by the transferor shall be granted to the transferee where:

(a) within a period of the transfer to be determined by the Member States the transferee informs the competent authority of the transfer and requests payment of the aid;

(b) the transferee presents any evidence required by the competent authority;

(c) all the conditions for granting the aid are fulfilled in respect of the holding transferred.

4. Once the transferee informs the competent authority and requests payment of the aid in accordance with paragraph 3(a):

(a) all rights and obligations of the transferor resulting from the legal relationship between the transferor and the competent authority generated by the aid application shall be conferred on the transferee;

(b) all actions necessary for the granting of the aid and all declarations made by the transferor prior to the transfer shall be attributed to the transferee for the purposes of applying the relevant Community rules;

(c) the holding transferred shall be considered, where appropriate, as a separate holding in respect of the marketing year or premium period in question.

5. Where an aid application is lodged after the actions necessary for the granting of the aid have been performed and a holding is transferred in its entirety from one farmer to another farmer after those actions have started but before all the conditions for granting the aid have been fulfilled, the aid may be granted to the transferee provided the conditions in paragraph 3(a) and (b) are fulfilled. In that case, paragraph 4(b) shall apply.

6. Member States may decide, where appropriate, to grant the aid to the transferor. In that event:

(a) no aid shall be granted to the transferee;

(b) Member States shall apply mutatis mutandis the requirements set out in paragraphs 2 to 5.