Michael Creed (Cork North West, Fine Gael)
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Question 209: To ask the Minister for Agriculture, Fisheries and Food the policy of his Department and the legal basis for same regarding treatment of entitlements in circumstances where land is being farmed in partnership and where on the death of one of the partners his Department is refusing to transfer entitlements to the surviving partner (details supplied); if in this context his Department will outline its position regarding the transfer of entitlements in a case; and if he will make a statement on the matter. [18878/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The rules governing the registration and transfer of payment entitlements are set out in Council Regulation 1782/2003, Commission Regulation 796/2004 and Commission Regulation 795/2004.

The 40 standard entitlements in question were established by the first person named and his late brother as joint herd owners during the reference period.

While the herd number previously held in the joint names of the first person named and his late brother has been transferred into the sole name of the first person named, no application has been received requesting the parallel transfer of entitlements.

The first person named has submitted an application requesting the transfer of the 40 standard entitlements from himself to a third party. As the entitlements are not currently registered in the sole name of the first person named, it has not been possible to process this application.

My Department has advised the first person named that he must first of all submit an application requesting the transfer of the entitlements from the joint names to his own name following which he may use them or transfer them as he sees fit. An application form to have the entitlements transferred has also been issued. To date, the first person named has not completed this transfer application.

Once a Transfer of Entitlements application and any relevant supporting documentation have been received, it will be processed without delay.