Written answers
Wednesday, 3 February 2021
Department of Agriculture, Food and the Marine
Land Issues
Rose Conway-Walsh (Mayo, Sinn Fein)
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966. To ask the Minister for Agriculture, Food and the Marine if the European Union basic payment scheme inheritance regulation 2017 ensures that when there is no provision for entailments made in a will that the entailments transfer with eligible land; and if he will make a statement on the matter. [5940/21]
Charlie McConalogue (Donegal, Fianna Fail)
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It is assumed that this Question refers to Basic Payment Entitlements.
The current EU CAP Regulations are silent on the question of the inheritance of entitlements with land where there is no provision made in a will for the transfer of the entitlements. To address this matter, Ireland enacted national legislation in the form of Statutory Instrument (SI) No. 639 of 2017.
This SI provides a legal basis to my Department in relation to the inheritance of Basic Payment Scheme entitlements where the will of a deceased farmer is silent regarding these entitlements. The SI provides for the entitlements to transfer with the land in such circumstances.
As this SI came into being on 21st November 2017, it is effective from that date and therefore, applies to applications to transfer entitlements by way of inheritance where the date of death is on or after this date.
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