TITLE I

GENERAL PROVISIONS

Transfer of holdings
Article 8
1.
For the purposes of this Article:
1. ‘transfer of a holding’ means the sale, lease or any similar type of transaction in respect of the production units concerned;
2. ‘transferor’ means the beneficiary whose holding is transferred to another beneficiary;
3. ‘transferee’ means the beneficiary to whom the holding is transferred.
2.
Where a holding is transferred in its entirety from one beneficiary to another beneficiary following the submission of an aid application, application for support or payment claim and before all the conditions for granting the aid or support have been fulfilled, no aid or support shall be granted to the transferor in respect of the transferred holding.
3.
The aid applied for or the payment claimed by the transferor shall be granted to the transferee where:
1. within a period to be determined by the relevant authority the transferee informs the competent authority of the transfer and requests payment of the aid and/or support;
2. the transferee presents any evidence required by the competent authority;
3. all the conditions for granting the aid and/or support are fulfilled in respect of the holding transferred.
4.
Once the transferee informs the competent authority and requests payment of the aid and/or support in accordance with paragraph 3(a):
1. all rights and obligations of the transferor resulting from the legal relationship between the transferor and the competent authority generated by the aid application, application for support or payment claim shall be conferred on the transferee;
2. all actions necessary for the granting of the aid and/or support and all declarations made by the transferor prior to the transfer shall be attributed to the transferee for the purposes of applying the relevant sectoral agricultural legislation;
3. the holding transferred shall be considered, where appropriate, as a separate holding in respect of the claim year in question.
5.
The relevant authority may decide, where appropriate, to grant the aid and/or support to the transferor. In that event:
1. no aid or support shall be granted to the transferee;
2. the relevant authority shall apply mutatis mutandis the requirements set out in paragraphs 2, 3 and 4.
Words in Art. 8(3)(a) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(8)(a); and words in Art. 8(3)(a) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 8(5) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(8)(c)(ii); and words in Art. 8(5) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 8(5) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(8)(c)(i); and words in Art. 8(5) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(8)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 8(4)(b) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 14(8)(b); and words in Art. 8(4)(b) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 5(8)(b); 2020 c. 1, Sch. 5 para. 1(1)