Terms and Conditions for Transfer of Basic Payment Entitlements

  1. Basic payment entitlements may only be transferred to an active farmer in the same Member State, except in the case of Inheritance and Gift.  
  2. The transfer of National Reserve (NR) entitlements, allocated to a herd owner in 2015, will not be permitted unless the relevant educational qualification used to support the 2015 National Reserve Application has been achieved.  
  3. The transferor and transferee must apply to transfer entitlements by completing the Transfer of Entitlement application form.  
  4. The sale of entitlements without land will be subject to a “clawback” of 20% of the number of entitlements sold. To be considered as a sale of entitlements with land, one hectare of land must be sold per entitlement.  
  5. Entitlements may be leased with or without land.  
  6. On Renting entitlements in you must fully activate all the entitlements from the lessor to ensure that they are not lost to the National Reserve.   (This means you must have 1 hectare of eligible land to activate 1 entitlement)

  7. Leased/Rented entitlements will revert to the transferor following expiry of the lease/rental agreement. The reversion of entitlements on expiry of a Lease or Rental Agreement is not considered a form of transfer.  
  8. The effective date of transfer of entitlements in all cases is the closing date. However, if the entire holding/ownership of a herd number is transferred between the date of application for the Basic Payment Scheme and the 31st May 2017, the transferee must agree to succeed to the responsibilities of the transferor regarding compliance with the Terms and Conditions of the 2017 Basic Payment Scheme by completing a Declaration of Undertaking Form (BPS/UND/2017) available on the Department’s website at www.agriculture.gov.ie. This form must be completed by both the Transferor and Transferee and must be accompanied by a Transfer of Entitlement for (SPS/TE2017). The transferee must fulfill the conditions for granting the aid and honour the undertakings given by the transferor and if otherwise in order, payment of 2017Basic payment will issue to the transferee. If the entire holding/ownership of the herd number changes after the 31st May 2017, the 2017 Basic payment will issue to the Transferor.  
  9. EU regulations provide that any payment entitlements unduly allocated to a farmer may be recovered and allocated to the National Reserve. Where such payment entitlements have been transferred to another farmer the transferee must relinquish the unduly allocated entitlements to the National Reserve.
  10. Basic Payment Scheme entitlements do not have a static value and are subject to a convergence path from 2015 to 2019.  
  11. All entitlements are subject to a two year usage rule. Any entitlement that remains unused for two consecutive years will revert to the National Reserve. The rotation of entitlements is not available under the Basic Payment Scheme and the lowest value entitlements will revert to the National reserve regradless of ownership.
  12. Lessee  must ensure the Lessor's entitlements are fully activated and will be liable to compensate the lessor for any loss in entitlements.