Change of ownership or occupancy
10.—(1) Where there is a change of ownership or occupancy of any land that forms all or part of any eligible land subject to an agreement (“the relevant land”) the Department shall not pursuant to Article 44 of Commission Regulation (EC) No. 1974/2006(1) seek reimbursement of grant already paid in respect of that land if—
(a)the change of ownership or occupancy follows the death of the beneficiary; or
(b)the beneficiary—
(i)informs the Department within 28 days of the change of ownership or occupancy;
(ii)has in the opinion of the Department substantially fulfilled the terms of the agreement relating to the relevant land; and
(iii)has definitively ceased agricultural activity on all parcels on his holding; or
(c)the new owner or occupier of the relevant land enters into an agreement with the Department in respect of that land and all other eligible land owned or occupied by him.
(2) No agreement under paragraph (1)(c) shall be accepted by the Department unless—
(a)the Department receives within six months of the change of ownership or occupation of the relevant land, an application for approval under Regulation 5(2) for operations on or relating to the land in question; and
(b)the person to whom the land is transferred is in lawful possession of the land as owner or tenant.
(3) The new owner or occupier of the relevant land subject to an agreement under paragraph (1)(c) shall be treated as the beneficiary in relation to that land from the date the agreement takes effect and these Regulations shall apply accordingly.
O.J. No. L 368, 23.12.2006, p. 15